MP2 Energy LLC and its subsidiaries, including but not limited to MP2 Energy Texas LLC d/b/a Shell Energy Solutions (collectively “Shell Energy”) maintain this website and associated services (collectively the “Site” and/or “Services”) to provide you with information about Shell Energy and its services pursuant to these Term of Use. .
2. Non-exclusive, Non-transferable License to Use Shell Energy Site. All information and content ("Materials") on the Site website and any intellectual property rights embodied therein are the property of Shell Energy or its information providers. Unless otherwise stated herein, none of the Materials on the Site may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Shell Energy or the original copyright holder. You may display and print Materials available on the Site solely for your personal, non-commercial use, provided that you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. Unauthorized use of Materials contained on this site is expressly prohibited by law and may result in severe civil and criminal penalties.
3. Intellectual Property. The trademarks, service marks, and logos (collectively, "Trademarks") used and displayed on the Site are registered and unregistered marks of Shell Energy and others. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Shell Energy. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Shell Energy aggressively enforces its intellectual property rights to the fullest extent of the law. Shell Energy's Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on the Site, without Shell Energy’s prior, written permission.
4. Accuracy, Completeness & Timeliness of Information. While Shell Energy makes reasonable efforts to ensure that all material on the Site is correct, accuracy cannot be guaranteed. Shell Energy makes no representations or warranties as to the accuracy or completeness of the information contained in the Site, results obtained from the use of the Site, or interruptions in the availability of the Site. THE INFORMATION PROVIDED ON THE SITE IS PROVIDED "AS IS". NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SITE IS GIVEN OR ASSUMED BY SHELL ENERGY. ALL SUCH WARRANTIES, REPRESENTATIONS ARE HEREBY EXCLUDED. SHELL ENERGY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. IN NO CASE SHALL SHELL ENERGY, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SITE, SHELL ENERGY SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SITE OR SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Third Party Links and Content. The Site contains links to other websites. Shell Energy is not responsible for the content of such websites including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. Shell Energy provides the links as a convenience to you and the existence of the links on the Site does not imply that Shell Energy approves of or is affiliated with the linked organization or company, or its products or services, or that the linked organization or company approves of or is affiliated with Shell Energy. Shell Energy does not vouch for those persons, companies, or other organizations whose goods or services may be accessed or displayed through or on the Site.
6. Non-Confidentiality. Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Shell Energy by you through the Site, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and Shell Energy may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. Shell Energy is under no obligation to post or use any submission you may provide, and Shell Energy may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to Shell Energy will be handled in accordance with our Privacy Notice. You are prohibited from posting or transmitting to or from the Site any unlawful, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
7. Limitations and Restrictions. Shell Energy may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time.
8. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shell Energy as a result of this agreement or use of the Site.
9. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. Modifications. Shell Energy reserves the right to modify the information contained on the Site or these Terms at any time without notice. You are responsible for reviewing these Terms on the Site. Accessing the Site after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms Use, please discontinue use of the Site immediately. Unless specifically stated otherwise, any new features, products or services added to the Site shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.
- Informal Dispute Resolution. Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Legal at 21 Waterway Ave, Suite 450, The Woodlands, TX 77380 or (2) to you at the postal address on file with us. Both you and Shell Energy agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). For information on how to file a claim, copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Arbitration shall take place in the country of your residence, as determined by your mailing address on file with us. Shell Energy agrees to pay or reimburse all costs associated with any arbitration between the parties, including filing fees and arbitrator fees, and agrees to waive any right to recover an award of attorneys’ fees and costs against you. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.
- IMPORTANT: Waiver of Right to Bring Class Action & Representative Claims. All Disputes, whether resolved informally, in small claims court, or through arbitration, shall be brought on an individual basis. Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum, and the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
- Governing Law. This Arbitration Agreement shall be governed by the Federal Arbitration Act and interpreting federal law. To the extent state law applies to any aspect of this provision or the Claim, the law of your residence, as determined by your mailing address on file with us, shall apply. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in the federal court encompassing the county where the arbitration took place, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of the Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause above entitled “Waiver of Right to Bring Class Action & Representative Claims.”
- Claims and Disputes Must be Filed Within One Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Site or any Shell Energy services, including, without limitation, any website or mobile application or other services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.