You have accessed a website or mobile application of Actual Energy, Inc. ( hereinafter referred to as “Actual Energy”, “us”, “we” or “our” ).

These Terms of Use govern your use of Actual Energy’s websites and mobile applications (each, our “Site”) and our short code text messaging services, and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on our Site and any other sites that Actual Energy may make available and that link to or otherwise incorporate the Terms of Use. By browsing and/or using our Site, you agree to accept, unconditionally and without modification, the terms and conditions that follow, together with all applicable laws (“Terms of Use”) and our Privacy Policy (which you may find on the Internet by clicking the link at the bottom of any page on our Site, or in the mobile application by clicking the tab, button or link with “Privacy” or “Policies” in the title).

Our Site is intended primarily for the purpose of providing general information about us and our services and is for your private use. Our Site has been compiled and is maintained by us but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify or delete any information contained in our Site without notice to you. We specifically disclaim any duty to update our Site.

Actual Energy has the right, at any time, to modify or discontinue, temporarily or permanently, our Site or any services offered, and/or to refuse or restrict anyone from access to any part of our Site or services, with or without notice and in its sole discretion. Actual Energy will not be liable for any modification, suspension or discontinuance of our Site or any services.

By accepting these Terms of Use and submitting your PI on our Site, you understand and agree that we may use, collect, and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms of Use. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g., of credit card information) is encrypted.

You may choose to register an account in order to access and participate in certain features offered on our Site. When you register, you will be asked to disclose Personal Information (“PI”), which may include, but is not limited to, your first and last name, home or business address, email address, and telephone number. We may refuse to grant you, and you may not use, an email address or other login identification that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar, or is otherwise offensive. You agree to notify us of any unauthorized use of your account or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current, and complete information about yourself as requested in the registration form. You also agree to update the information about yourself as necessary to keep it current and accurate. We have the right to disable any user account, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You may use our Site for lawful purposes only and in compliance with all applicable laws and regulations. You are prohibited from using our Site, or transmitting to or through our Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, infringe on any intellectual property right or otherwise violate any law. You will not take any action that interferes or attempts to interfere with the intended functioning of our Site, including submitting or transmitting any software or other computer files that contain a virus or other harmful component, or otherwise impairing or damaging our Site. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site, nor will you attempt to gain unauthorized access to any portion or features of the Site or services, to any other systems or networks connected to the Site, to any of our servers, or to any of the services offered on or through the Site, including but not limited to by hacking, password “mining,” or any unauthorized means.

Viewing and downloading materials in our Site is permitted only for your private use, provided that you retain all copyright, trademark and other proprietary notices contained in the original materials on any copies you make of the materials. You may not modify the materials on our Site in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited, unless approved by Actual Energy in advance in writing. You may not use any automated means to collect information or content from or otherwise access our Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.

UNDER NO CIRCUMSTANCES WILL ACTUAL ENERGY INC. ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF OUR SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING OR USING, OR YOUR INABILITY TO ACCESS, BROWSE OR USE, OUR SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS AND PRODUCTS. ACTUAL ENERGY INC, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ACTUAL ENERGY INC, ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

The Site Content does not include any offer to sell, nor any solicitation of an offer to buy, any securities. The financial information in the Site Content is not complete and should not be used for any purpose as complete, accurate, or current financial information

We make no representations whatsoever about any other third-party website or application that you may access through hypertext links in our Site. When you access any such third-party website or application, you acknowledge and agree that it is independent from us, and that we have no control over the content of any such website or application. In addition, a link to such third-party website or application does not mean that we endorse or accept any responsibility for the content, or the use, of such website or application. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, third-party websites may have cookies and such websites or applications may collect personal information. We encourage you to read the Terms and Conditions and Privacy Policies for such third-party websites or applications.

Our Site and any content, information, software, functions and applets provided on or through our Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant the information made available through or on our Site, that our Site will be timely, secure, uninterrupted or error-free, or that defects in our Site, if any exist from time-to-time, will be corrected. We will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation and transmission of our Site, any services or related content, for communication line failures, or for computer viruses or other harmful software associated with the operation of our Site.