By participating in the CoolSaver Program, requesting a Tune-Up, and/or receiving a Tune-Up through Chariot Energy, you acknowledge and agree as follows:
This is a limited-time offer to which terms, conditions, and restrictions apply. 174 Power Global Retail Texas, LLC d/b/a Chariot Energy (“Chariot Energy”) is a retail electric provider licensed by the Public Utility Commission of Texas, license number 10260. The CoolSaver© Program is not a Chariot Energy program. Receipt of retail electric service from Chariot Energy is not conditioned on your participation in the CoolSaver© Program. The CoolSaver© Program is not available exclusively through Chariot Energy and may be offered independently or together with CenterPoint Energy Houston Electric LLC (“CenterPoint Energy”), CLEAResult Consulting, Inc. (“CLEAResult”), one or more independent contractors, and/or one or more other retail electric providers. CenterPoint Energy and CLEAResult may be referred to herein singularly as a “Program Sponsor” or collectively as the “Program Sponsors.”
The CoolSaver© Program is sponsored by CenterPoint Energy, who has partnered with CLEAResult to provide air conditioner tune-up services (“Tune-Ups”) through independent contractors. Tune-Ups are provided by the Program Sponsors and are performed by independent contractors. Tune-Ups include only the limited goods, products, and services advertised by the Program Sponsors, and Chariot Energy does not provide for or otherwise cover or reimburse you for the cost of any repairs or replacements or other goods, products, or services not provided by the Program Sponsors or the CoolSaver© Program. A limited supply of Tune-Ups may be available, Tune-Ups may be provided on a first-come-first-served basis, and time is of the essence with respect to your scheduling a Tune-Up.
Chariot Energy does not, and you agree that Chariot Energy has no duty or other obligation, to screen, recruit, train, manage, select, dispatch, or otherwise exercise any control over the CoolSaver© Program, any individual Program Sponsor, the Program Sponsors collectively, or any independent contractor. Chariot Energy may provide to one or more of the Program Sponsors or independent contractors information about you that is requested in connection with your participation in the CoolSaver© Program, some of which information may be “proprietary customer information” as that term is defined by the Public Utility Commission of Texas in Rules 25.5(89) and 25.272(c)(5) (see Rule 25.5 at https://ftp.puc.texas.gov/public/puct-info/agency/rulesnlaws/subrules/electric/25.5/25.5.pdf and Rule 25.272 at https://ftp.puc.texas.gov/public/puct-info/agency/rulesnlaws/subrules/electric/25.272/25.272.pdf).
CHARIOT ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS, PRODUCTS, OR SERVICES DESCRIBED HEREIN OR RELATED HERETO, AND CHARIOT ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You agree to and hereby do, indemnify, defend, release from liability, covenant not to sue, and otherwise hold harmless, Chariot Energy (including, without limitation, Chariot Energy’s current and future parent companies, affiliates, and their respective directors, officers, managers, shareholders, employees, agents, representatives, and their respective successors and assigns) for, from, and against any and all claims, suits, actions, judgments, losses, damages, demands, and liability of any and all kinds, without regard to foreseeability, including (without limitation) injury or death of persons, in jury to property, and indirect, special, incidental, exemplary, punitive, consequential, and other damages, whether sounding in contract, tort, statute, equity, or otherwise, that arise from or otherwise are related in any way to your eligibility for or participation in the CoolSaver© Program, availability or supply of Tune-Ups, or the goods, products, or services marketed by or received from CenterPoint, CLEAResult, or any independent contractor.
