​CenterPoint Energy Online Terms of Use

Effective Date:  September 15, 2016
 
CenterPoint Energy, Inc. and its various affiliates and subsidiaries (collectively, “CenterPoint”, “we” or “us”) provides CenterPointEnergy.com and other CenterPoint-owned/operated websites, apps, and online service locations that post a link to these Terms of Use and all products, features, and content available on such online service locations (collectively, the “Service”) subject to the following Terms of Use.

Please read these Terms of Use carefully. By accessing and/or using this Service you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the CenterPoint Online Privacy Policy – this is true whether you are just visiting by browsing the Service on your computer or on a mobile or wireless device, using the Service for any reason without being registered, or if you have signed up for or registered for an account or to shop for or purchase products or services on the Service. This Service is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you may not use this Service.

CenterPoint may change, modify or otherwise alter these Terms of Use in its sole discretion at any time, with or without notice to you. You must review these Terms of Use on a regular basis to keep yourself apprised of any such changes. By using this Service after any such changes have been made, you agree to comply with, and to be bound by, the modified Terms of Use and all such changes. Additional terms will apply when you use certain CenterPoint applications, programs, and services, and those terms will be provided to you prior to your use of those applications, programs, and services.

1.  Use of the Service

CenterPoint hereby grants you a non-exclusive, non-transferable, personal, revocable, limited license to access and use the Service under the terms set forth below.

The Service and the content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the “Content”) displayed on the Service may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Service or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of CenterPoint.

The Service and the Content are the exclusive property of CenterPoint or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the “Marks”) on the Service are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Service may be registered or unregistered marks of CenterPoint or others. Nothing contained on this Service should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Service without the express written permission of CenterPoint or a third party owner of such Marks.
Any unauthorized uses of the Marks or Content on the Service are strictly prohibited. To request permission to use the Marks or Content on the Service, or any other CenterPoint material, please contact CenterPoint at CenterPointEnergy.com/en-us/corporate/contact-us/​.

You shall honor all reasonable requests by CenterPoint to protect CenterPoint's proprietary interests in the Service and its Content. You expressly agree not to:

  • Use the Service for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  • Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Service or any data or content found on or accessed through the Service without prior express written consent;
  • Obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by their public display on the Service or through their accessibility by a visible link on the Service;
  • In any way bypass or circumvent any other measure employed to limit or prevent access to the Service or Content displayed on the Service;
  • Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with this Service, through hacking, password mining or any other means;
  • Interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Service;
  • Take or attempt any action that, in the sole discretion of this Service’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or our infrastructure.
  • Reveal another person's address, phone number, e-mail address, credit card number, Social Security Number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

You may not use the Service for any unlawful purpose. Any unauthorized use by you of the Service terminates your license to access and use the Service.

2. Content You Submit

The Service may provide you the opportunity to post content within community features or forums (each, a "Community Forum").  The content you choose to post or disseminate on a Community Forum, the Service in general or to CenterPoint is referred to in these Terms of Use as "User Content". Your User Content may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Service.

Except as otherwise described in the CenterPoint Online Privacy Policy or other agreement on the Service, you remain the owner of your User Content, but you acknowledge that CenterPoint must have a license from yo​u in order to accept your User Content.  Accordingly, you grant to CenterPoint an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever (including to provide the Service and Services) in all formats, on or through any media, technology or device now known or hereafter developed.  You further perpetually and irrevocably grant CenterPoint the unconditional right to use, disseminate and display your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or payment to you.

You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.  You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant CenterPoint the license above. Upon CenterPoint's request, you will furnish CenterPoint any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

You authorize CenterPoint to publish your User Content in a searchable format that may be accessed by users of the Service. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to CenterPoint, a Community Forum or the Service.

You also understand and acknowledge that: (a) CenterPoint has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of CenterPoint's use of any such similar or identical material; and (c) CenterPoint does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content. 

You agree that CenterPoint has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that CenterPoint will not have any obligation to you with regard to User Content and that CenterPoint may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it.  If you uploaded content you wish to be deleted from the Service, you can email us at CenterPointEnergy.com/en-us/corporate/contact-us/​​ and we will review your request.

3. Linking Policy​​

CenterPoint grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Service; provided, however, that any link to the Service: (a) must not frame or create a browser or border environment around any of the content on the Service or otherwise mirror any part of the Service; (b) must not imply that CenterPoint or the Service is endorsing or sponsoring it or its products, unless CenterPoint has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in CenterPoint's sole opinion, harm CenterPoint or its products or services; (d) must not use any CenterPoint trademarks without the prior written permission from CenterPoint; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in CenterPoint's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Service, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, CenterPoint reserves the right to prohibit linking to the Service for any reason in our sole and absolute discretion.

4.  User Interactions and Disputes​​

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes.  Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.

5. Your Account​

If you sign up for an account on the Service, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Service in CenterPoint’s sole discretion. Failure to do so constitutes a violation of these Terms of Use, which may result in immediate termination of your license to access and use the Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Service on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms of Use, and you agree to accept liability for harm caused by that person’s wrongful use of the Service.

CenterPoint reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in its sole discretion. These Terms of Use will remain in full effect even after your account is terminated.
You shall register for and use your account on the Service, and purchase and use the products, features, and content available through the Service, in strict compliance with (1) these Terms of Use, and (2) all applicable laws, rules and regulations (collectively, “Laws”).

6. Notices​​​

The products and services are made available on the Service in electronic form.  By visiting or using the Service in any way, you agree to accept notices of any kind from CenterPoint in electronic form.  Notices from CenterPoint intended for your receipt shall be deemed delivered and effective when sent by email by CenterPoint to any email address you provide to CenterPoint on or in connection with the Service.​

7.  Privacy​

Use of the Service and products and services available on the Service is also governed by the CenterPoint Online Privacy Policy. You should read the CenterPoint Online Privacy Policy​ before using the Service.

8. Third Party Websites and Social Networks​​

You may, through hypertext or other computer links on the Service, gain access to websites and social networks that are not under the control of or operated by CenterPoint, but rather are exclusively controlled and operated by third parties. These third party websites and social networks are subject to different terms and conditions. When you access and use third party websites and social networks, you will be legally bound by the terms and conditions of those websites and social networks. If there is a conflict between these Terms of Use, on the one hand, and terms and conditions of third party websites and/or social networks, on the other hand, the third party websites’ and/or social networks’ terms and conditions will govern with respect to your access and use of those websites and social networks.

Although CenterPoint may provide a link to a third party website or social network on the Service, such a link is not an authorization, endorsement, sponsorship or affiliation by CenterPoint with respect to such website or social network, its content, its owners or its providers. CenterPoint provides such links for your reference and convenience only. Accordingly, CenterPoint makes no representations whatsoever concerning such websites and social networks. CenterPoint has not tested any information, products or software found on such websites and social networks and therefore cannot make any representations whatsoever with respect thereto. You agree that CenterPoint is not responsible for the content or operation of such websites and social networks, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks to which you link from this Service.

9. Feedback​

Any comments or materials sent to the Service or to CenterPoint, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the property of CenterPoint. CenterPoint’s use of the Feedback will be in compliance with the CenterPoint Online Privacy Policy​, which is set forth on the Service, and applicable laws. CenterPoint shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, CenterPoint shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without compensating you.

10. Sweepstakes, Contests, and Promotions​​​

Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used.  It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

11. Reporting Copyright and Other Intellectual Property Violations​​

You may not use the Service for any purpose or in any manner that infringes the rights of any third party. CenterPoint encourages you to report any content on the Service that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Service infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), CenterPoint has a designated agent for receiving notices of copyright infringement and CenterPoint follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CenterPoint's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Service violates your rights other than copyrights, please provide CenterPoint with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding the Service or other complaint regarding alleged violation of rights to CenterPoint’s copyright agent, who can be reached as follows:

A. Reagan Harris Fibbe
Fibbe Law Office, PLLC
P.O. Box 27291
Houston, Texas 77227
832.338.8090
reagan@fibbelaw.com​
 
This contact information is for inquiries regarding potential copyright and other intellectual property infringements only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

CenterPoint will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement.

12.  Wireless and Location-Based Features​​

The Service may offer features that are available to you via your wireless device including the ability to access the Service’s features and receive messages from the Service, and download applications (collectively, “Wireless Features”).  By using the Service, you agree that we may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service.

If you have location-based features on your wireless device, you acknowledge that your device location will be tracked consistent with the CenterPoint Online Privacy Policy​. You can terminate location tracking by us through Privacy Settings on your wireless device or by uninstalling our mobile app.  Location-based features are used at your own risk and location data may not be accurate.

13. Disclaimer of Representations and Warranties; Limitation of Liabilities ​​

You are entirely liable for activities conducted by you in connection with your access and use of the Service. If you are dissatisfied with the Content or the Service or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Service.

THE CONTENT AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND​. NEITHER CENTERPOINT NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYERS OR AGENTS (“COLLECTIVELY, “THE CENTERPOINT ENTITIES”) MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICE, THE SERVICE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE. THE CENTERPOINT ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE CENTERPOINT ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.  ANY SUPPLIERS OFFERING AND PROVIDING SERVICES ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CENTERPOINT. THE CENTERPOINT ENTITIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. 

IN NO EVENT WILL THE CENTERPOINT ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

IN NO EVENT SHALL THE CENTERPOINT ENTITIES OR ANY OF THEIR THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SERVICE OR ANY HYPERLINKED WEBSITE, EVEN IF THE CENTERPOINT ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE CENTERPOINT ENTITIES NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT ON THE SERVICE OR OTHERWISE. IN NO EVENT WILL THE CENTERPOINT ENTITIES, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE.

The Content may include delays, omissions or inaccuracies due to the number of sources from which the Content is obtained. The CenterPoint Entities assume no liability for any errors or omissions in the Content and expressly disclaims any responsibility to update the Service or the Content displayed on the Service. The CenterPoint Entities assume no responsibility for the use of third party software on the Service and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

14. Indemnification​​​

BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CENTERPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SERVICE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SERVICE OR THE SYSTEMS TRANSMITTING THE SERVICE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.

15. Termination; Survival

CenterPoint reserves the right to terminate your access to and use of the Service (or any portion of the Service) in its sole discretion, without notice and liability, including, without limitation, if CenterPoint believes your conduct fails to conform with these Terms of Use. CenterPoint also reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any e-mails you send to the Service or CenterPoint. Any violation of these Terms of Use may be referred to law enforcement authorities. 

You may terminate this Agreement or membership in the Service, for any or no reason, at any time, by sending an email to webeditor@CenterPoint.com. 
If your access to the Service is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Service; and (ii) we may, in our sole discretion, remove and discard any of your User Content, but we will have no obligation to do so and public posts made by you on the Service may remain on the Service in perpetuity.  If you uploaded content you wish to be deleted from the Service, you can email us at CenterPointEnergy.com/en-us/corporate/contact-us/​​ and we will review your request.

Termination, suspension, or cancellation of these Terms of Use or your access to the Service will not affect any right or relief to which CenterPoint may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to CenterPoint and its licensors.

Notwithstanding the expiration or earlier termination of your account on the Service, rights and obligations under these Terms of Use which by their nature should survive, will remain in effect after termination or expiration hereof. Upon the expiration or earlier termination of your account on the Service, all rights and obligations of the parties under these Terms of Use shall expire, except those rights and obligations under those sections specifically designated in this Section 15.

16. Location of Service and Territorial Restrictions​

Unless otherwise specified, the Service is presented solely for residents of United States of America.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CenterPoint to any registration requirement within such jurisdiction or country. CenterPoint makes no representations or warranties that the information, products or services contained on the Service are appropriate for use or access outside of the United States. Anyone using or accessing the Service from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by this Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

17. Applicable Laws​​

The laws of the State of Texas govern your use of the Service, any dispute concerning the Service, the interpretation and enforcement of these Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use, without giving effect to any principles of conflicts of laws, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of Texas. Unauthorized use of this Service is prohibited and violators can be prosecuted under federal and state laws.

18. Disputes; No Class Actions​

To the extent allowable by law, any dispute relating in any way to your access to and use of the Service shall be submitted to confidential and binding arbitration in the State of Texas under the rules of the American Arbitration Association.  Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of CenterPoint or its licensors, as the case may be, CenterPoint or its licensors may seek injunctive or other appropriate relief in any state or federal court in the State of Texas.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND CENTERPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Houston, Texas. All rights not expressly granted herein are reserved.

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and CenterPoint agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.  This Section can only be amended by mutual agreement.

19. Waiver of Injunctive or Other Equitable Relief.​​​

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CENTERPOINT OR A LICENSOR OF CENTERPOINT.

20. Force Majeure​

CenterPoint shall be excused from performance under these Terms of Use to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of CenterPoint.

21. Entire Agreement; Updates to Terms of Use​​

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between you and CenterPoint concerning your access to and use of the Service, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Service. You represent, warrant, and covenant that your access to and use of the Service will comply with these Terms of Use.

CenterPoint reserves the right to modify or add to these Terms of Use at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Service so that they are accessible via a link on the home page, and that your use of the Service after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.

22. Severability​​​

In the event that any term or provision of these Terms of Use is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the remaining terms or provisions unenforceable or invalid. CenterPoint will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CenterPoint as reflected in the original provision. 

23. Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of CenterPoint, which may be withheld at CenterPoint’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. CenterPoint may assign these Terms of Use, in whole or in part, to any third party in its sole discretion, without notice to you.

24. Miscellaneous

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and CenterPoint. The failure of CenterPoint to insist upon strict compliance with any term or provision of these Terms of Use shall not affect the full right to require such performance at any time thereafter, and shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. No waiver by CenterPoint of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized office of CenterPoint. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against CenterPoint by virtue of CenterPoint having drafted them.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Service, including, without limitation, those governing your transmission or use of any software or data.

25. Terms Applicable for Apple IOS​

If you are using the Service through an Apple Device, the following terms apply:

  • (i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms of Use are entered into between you and CenterPoint and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
  • (ii) The license granted to you in these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/l​egal/itunes/us/terms.html​) and any third party terms of agreement applicable to the Service.
  • (iii) You acknowledge that CenterPoint, and not Apple, is responsible for providing the Service and Content thereof.
  • (iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
  • (v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
  • (vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and CenterPoint, CenterPoint, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
  • (vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  • (viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  • (ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.