1. This is a legal agreement
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This is an agreement between you and Arise Energy, LLC (with its service providers and affiliates, “Arise Energy,” “we,” “us,” or “our”), governing the terms by which Arise Energy will provide its Services (defined below in Section 2) to you.

‍PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY CLICKING “SIGN UP,” YOU AGREE TO THESE TERMS OF SERVICE (THE “TERMS”). IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT USE ARISE ENERGY’S SERVICES.

THESE TERMS CONTAIN CERTAIN PROVISIONS, LIMITATIONS, EXCLUSIONS, PROMISES MADE BY YOU, AND NOTICES THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO, YOUR WAIVER OF YOUR RIGHT TO GO TO COURT TO HAVE A JUDGE OR JURY HEAR A DISPUTE YOU HAVE WITH US (SEE SECTION 7), OUR DISCLAIMER OF ALL WARRANTIES (PROVIDING OUR SERVICES TO YOU ON AN “AS-IS” BASIS), OUR LIMITATION OF OUR LIABILITY TO YOU, OUR REQUIREMENT THAT YOU INDEMNIFY ARISE ENERGY (INCLUDING ITS AFFILIATES) AND OUR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS (THE “COVERED PARTIES”), AND YOUR CONSENT TO OUR COLLECTION OF OUR SERVICES FEE.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS. If you use the Services on behalf of a company, organization, or other entity, then (a) “you”, as used in these Terms, includes you and that entity, and (b) you agree to these Terms on behalf of yourself and the company, organization or other entity, and represent and warrant that you are authorized to bind the company, organization or other entity to these Terms.

Arise Energy reserves the right to change or amend these Terms at any time by posting the updated Terms on www.ariseenergy.com. You understand that advance notice of any such changes or amendments will not be provided except as required by applicable laws. By using the Services after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

If you have questions about Arise Energy, the Services, or these Terms, please feel free to contact us at: info@ariseenergy.com or 833-275-7269.

2. Definitions
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For the purpose of these Terms:

“Account” means the profile you create at www.ariseenergy.com in order to use the Services. Your Account contains user information and is protected by your password.

“Services” means all services, options, and features that we provide to Arise Energy users, now or in the future, as described at www.ariseenergy.com or otherwise provided by us, including any services delivered or accessed via the software and technology platform and any related customer support services. The service fee and scope of the Services are subject to change so you should refer to www.ariseenergy.com for the latest details and for any additional terms or restrictions.

3. Your account
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3.1 Account Registration. By using Arise Energy’s Services, you represent to us that you are legally allowed to enter into a binding contract with us, are 18 years of age or older, and understand that your ability to use and access the Services is conditioned on your compliance with these Terms. Further, you represent and warrant that all information you provide us, including for Account creation, is truthful and accurate and that you will update such information so that it remains truthful and accurate.

3.2 Control of Your Account. If you use the Services, you are solely responsible for maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activities that occur under your Account or password. Similarly, you are responsible for the actions of any person you authorize to access your Account.

3.3 Cancellation. To cancel your Account, please contact Arise Energy at info@ariseenergy.com or call 833-275-7269.

4. Relationship between you, your supplier, and Arise Energy
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4.1 Roles and Responsibilities. You understand that Arise Energy is providing the Services to you and facilitating your electricity supply agreement with your retail electricity supplier (“Supplier”).

4.2 Supplier Agreement. The terms and conditions of your electricity supply agreement with your Supplier are provided by and the responsibility of your Supplier. Arise Energy is not liable for any errors, omissions or misstatements made by a Supplier.Information we provide on the site is a good faith presentation of Supplier contract terms, but it should be considered informational and not binding.

4.3 Service Fee. When you enter into an electricity supply agreement with a Supplier using our Services, you pay a service fee that we disclose to you. The service fee is collected from you as part of the contract price and remitted by the Supplier to Arise Energy on your behalf for the Services that we provide to you.

4.4 Independent Contractors. The relationship between you and Arise Energy is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between you and Arise Energy.

5. Privacy Policy
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Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information, if applicable.

6. Warranties’ disclaimer, Limitation of liability, Exclusive remedy, and Indemnity
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6.1 AS-IS; Warranties’ Disclaimer and Releases from You. WE PROVIDE THE SERVICES TO YOU ON AN “AS-IS” BASIS AND MAKE NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF NON-INFRINGEMENT, AND YOU AGREE TO RELEASE US AND HOLD US HARMLESS OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

6.2 Exclusion of Consequential Damages. IN NO EVENT WILL ANY COVERED PARTY BE LIABLE TO YOU (AND IN NO EVENT WILL YOU ATTEMPT TO HOLD ANY COVERED PARTY LIABLE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AGGRAVATED, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND WHATSOEVER FOR ANY USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OPPORTUNITY COSTS, DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS, OR OTHERWISE). THE FOREGOING SHALL APPLY REGARDLESS OF NEGLIGENCE OR OTHER FAULT AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR PRODUCT UNLESS OTHERWISE EXPRESSLY AGREED TO BY THE APPLICABLE COVERED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. IN THOSE STATES, THE LIABILITY OF THE COVERED PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.3 Limitation of Liability and Liquidated Damages of $50. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).

6.4 Indemnity. If any other person or entity, including your subrogating insurer, makes any claim or files any lawsuit against any Covered Party in any way related to your use, ownership, receipt of, registration for, Account creation for, or participation in any equipment or services (including the Services) provided hereunder by any Covered Party or on any Covered Party’s behalf, you agree to indemnify, defend, and hold such Covered Party harmless from and against any and all such claims and lawsuits, including the payment of all damages, expenses, costs, and attorneys’ fees. Your duty to defend is separate and distinct from the duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against any Covered Party and regardless of whether such Covered Party has been found liable or incurred any expense.

7. Mandatory arbitration and class action and jury trial waiver
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Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in Section 8.1 (Official Contact) below.

In the event that we are not able to resolve a dispute and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at info@ariseenergy.com and including in the subject line “Rejection of Arbitration Provision.”

8. Contact information and interpreting the contract
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8.1 Official Contact. Please send any formal notices to us by email at info@ariseneergy.com and confirm them by mail to Arise Energy, LLC, Attn: Legal Department, 1310 Point Street, Baltimore, MD 21231.

8.2 Non-Waiver. Our failure to exercise any of our rights under these Terms shall not be deemed to be a waiver of such rights or a waiver of any breach of these Terms.

8.3 Assignment. We may assign any of our rights or delegate any of our obligations under these Terms without your prior consent. You shall not assign any of your rights, nor delegate any of your duties, under these Terms without our prior written consent.

8.4 Severable Agreement. If any term or provision of these Terms should be held to be invalid, unenforceable, or illegal, such holding will not invalidate or render unenforceable any other provision of these Terms, and the remaining provisions will be unimpaired.

8.5 Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania or the State of Illinois (in our sole discretion), excluding the conflict of law rules thereof, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Philadelphia, Pennsylvania or Chicago, Illinois (in our sole discretion), except where the jurisdiction and venue are mandated by applicable assignment

8.6 Complete Agreement. These Terms, as they may be amended or modified from time to time by us, is the entire agreement between you and us concerning the Services. These Terms replace and supersede any earlier written agreements and all oral agreements, whether made earlier or at the same time as these Terms, concerning the Services.

8.7 Survival. The provisions in these Terms that, by their nature, should apply beyond their terms will survive the termination or expiration of these Terms.

8.8 Conflicts. In the event of any conflicting terms between the Terms of Use and this Terms of Service, the terms in this Terms of Service shall control as to the Services.

9.Terms and Termination
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9.1 Term. These Terms will remain in effect so long as you continue to access or use the Services or until terminated in accordance with the provisions of these Terms. You agree we may, in our sole discretion, suspend or terminate your Services in whole or in part, at any time for any reason, without prior notice to you, including if we become unable to provide such Services or if we believe or suspect in good faith that you have violated, or are alleged by a third party to have violated, any part of these Terms.

9.2 Effect of Termination. In addition to our termination rights described throughout these Terms, you may terminate these Terms by cancelling your Account, as described in Section 3.3 of these Terms. Upon termination by either you or us, access to your Account and your right to use the Services will end. You must cease using the Services. Termination will not change your obligation to pay service fees applicable under existing Supplier agreements.