Terms Of Service
Effective from: May 23, 2018
1. General

T
he terms and conditions stated herein (collectively, the "Terms") constitute a binding legal agreement between you and Advisor Energy Inc., a Texas corporation (the "Company"). In these Terms, "Advisor Energy", "we", "us" or "our" means Advisor Energy Inc., and/or "User", "Authorized User", "you" or "your" means any user of the Services (defined below).

These Terms govern your access to our websites at https://heaconnect.com, https://about.heaconnect.com, https://advisor.energy, https://discover.energy or our mobile applications HEA Research, HEA Events (the "Platforms") and use of our online Content (defined below), data visualization and analytics tools (collectively the "Services").

An organization or other third party that we refer to in these Terms as "Customer" has separately entered into a written agreement with us ("
Contract") so that you ("Authorized User") can access the Platforms and use the Services. The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its workspace on the Platforms.

The Contract also provides Customer with choices and control over Content (defined below). Customer may also provision or de-provision access to the Platforms for Authorized Users, enable or disable third party integrations, manage permissions, retention and export settings, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Content.

Please also read carefully our Privacy Policy, Cookie Policy and the Acceptable Use Policy (the "Policies"). If you do not agree to these Terms and the Policies, you have no right to access the Platforms or otherwise continue using the Services. Failure to access the Platforms and use the Services in accordance with these Terms and Policies may subject you to civil and criminal penalties. In order to access the Platforms and use the Services you must agree to the terms and conditions that are set out below. By accessing the Platforms and using the Services, you hereby expressly acknowledge and agree to be bound by the Terms, Policies and any future amendments and additions to these as published from time to time at this page.

By accessing our Platforms, using our Services or by clicking "Submit", "Sign in", "Log in", "Accept" or "Agree" to these Terms, you acknowledge that you have read, understand and agree to be bound by these Terms and Policies.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FURTHER DOWN (DISPUTE RESOLUTION). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE DISPUTE RESOLUTION CLAUSE, YOU AND ADVISOR ENERGY INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ADVISOR ENERGY INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Modifying these Terms


Advisor Energy reserves the right, at its sole discretion, to modify the Terms and Policies at any time and without prior notice. If we modify these Terms and Policies, we will post the modification through our Platforms or provide you with notice of the modification. We will also update the "Effective from" at the top of our Terms and Policies. By continuing to access the Platforms or use the Services after we have posted a modification through our Platforms or have provided you with notice of a modification through some other means, you are indicating that you agree to be bound by the modified Terms and Policies. If the modified Terms or Policies are not acceptable to you, your only recourse is to cease accessing the Platforms and using the Services.

3. Who can access the Platforms?

The Platforms are intended solely for persons who are 18 or older. Any access to the Platforms by anyone under 18 is expressly prohibited. By accessing the Platforms or using the Services you represent and warrant that you are 18 or older.

4. Your account

In order to access the Platforms and use the Services, you must have a valid account ("Account"). You must create an account directly on our Platforms, using your email address. We will create your Account based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Platforms if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

5. Rights we grant you


Subject to your compliance with these Terms and Policies, Advisor Energy grants you a limited a non-exclusive, non-sub-licensable, non-assignable, royalty-free, and worldwide license to access the Platforms and use the Services in a way that these Terms and our Policies, such as the Acceptable Use Policy, allow. Advisor Energy retains all rights in the Platforms and any associated trademarks, copyrights, trade secrets or other intellectual property rights.

6. User Conduct

All Users must comply with our Acceptable Use Policy. These Terms and all of the Policies remain effective until Customer's subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us.

7. Content

The Platforms allow you to view, interact with or otherwise access original Advisor Energy or Customer Content. "Content" includes, but is not limited to, text, graphics, videos, charts, data in the form of, by way of example and not limitation, reports, spreadsheets and analytics. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant, but in addition, shall remain non-transferable. Customer Content displayed or accessible through the Platforms is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s).

These Terms do not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content. The Platforms' software features are protected by copyright, trademark and other intellectual property laws, and are the sole property of Advisor Energy.

You understand that all Customer Content is the sole responsibility of the Customer from which such Content originated. Advisor Energy does not control the Customer Content published via the Platforms and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Advisor Energy be liable in any way for any Customer Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

You acknowledge that Advisor Energy does not pre-screen Customer Content, but that Advisor Energy and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available through the Platforms. Without limiting the foregoing, Advisor Energy and its designees shall have the right to remove any Customer Content that violates the Terms and Policies or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. The Content will be regularly modified by Advisor Energy or its Customers, at its sole discretion and without notice.

8. Export Compliance

Advisor Energy makes no representation that accessing the Platforms and using the Services is appropriate or available outside of the United States. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed the import or export of goods, on the United States Treasury Department's List of Specially Designated Nationals or United States Commerce Department's Table of Deny Orders.

9. Privacy Policy

We are committed to helping you safeguard your privacy online. Each User must review our Privacy Policy for details about how we collect and use information about your access to the Platforms and the use of our Services.

10. Links to other resources

Our Platforms or the Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Advisor Energy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

11. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platforms and Services ("Feedback"). You may submit Feedback by emailing us at [email protected] or through the "Contact Us" section of our Platforms. You acknowledge and agree that all Feedback will be the sole and exclusive property of Advisor Energy and you hereby irrevocably assign to Advisor Energy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Advisor Energy' request and expense, you will execute documents and take such further acts as Advisor Energy may reasonably request to assist Advisor Energy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

12. Technical Requirements


Use of the Platforms requires internet access through your computer or mobile device. The user interface and functionality may not be the same across all platforms. Access to the Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Advisor Energy is not responsible for any delays, delivery failures, or other damage resulting from such problems.

13. Termination

Advisor Energy may suspend your access to the Platforms or your ability to use all or any element of the Services or may terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, Advisor Energy may suspend your access to the Platforms if we believe you to be in violation of any part of these Terms.

After any suspension or termination, you may or may not be granted permission to re-establish an Account. In the event of suspension or termination you may not be granted access to your Account or any files or other Content contained in your Account, and Advisor Energy may delete your user Content, although residual copies of information may remain in our system for some time for back-up purposes.

To easily access, view, update or remove your Account, please sign into the Platform and visit Settings". You can also access the setting area of your account from the Terms & Privacy Center.

You may also remove your Account at any time by sending an email to [email protected] Please note that if your Account is removed, we do not have an obligation to delete or return to you any Feedback that you have sent us. After your account is removed, you will no longer have access to the Platforms, you won't be able to use any of the Services and your personal data will become unaccessible and unrecoverable.

You agree that Advisor Energy shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms.

14. Communications

Advisor Energy may send you messages to provide you with information regarding our Platforms or Services. We may send push notifications to your device or contact you through the Platforms for any reason that relates to you accessing the Platforms or your use of the Services. You hereby expressly consent to receiving such messages.

You also understand and agree that certain communications from Advisor Energy, such as service announcements, administrative and system messages, etc., are considered part of the Services and you will not be able to opt out of receiving them.

To update your subscription preferences, please sign into the Platform and visit "Settings". You can also access the setting area of your account from the Terms & Privacy Center.

You may report a problem to us regarding the Services, but we cannot guarantee that we will contact you to remedy such problem.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF ADVISOR ENERGY AND ITS AGENTS TO YOU SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). ADVISOR ENERGY AND ITS AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE PLATFORMS; THE COST OF SUBSTITUTE SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE PLATFORM. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

ACCESSING THE PLATFORMS IS AVAILABLE THROUGH THE INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR TELECOMMUNICATIONS PROVIDER. ADVISOR ENERGY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

You and Advisor Energy understand and agree that the disclaimers, exclusions and limitations in this Section titled "Limitation of Liability" and in the Section below titled "Disclaimer of Representation and Warranties" are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Advisor Energy would be unable to make access to the Platforms and use of the Services available to you except on these terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

16. Disclaimer of Representation and Warranties

Certain information contained in the Services (including financial information) has been obtained from published and non-published sources. Such information has not been independently verified by Advisor Energy. In considering any performance data, you should bear in mind that past performance is not indicative of future results. The actual results will depend on, among other factors, future operating results, the value of the assets and market conditions. Certain information and data contained herein may constitute forward-looking statements, which can be identified by coloring or labeling of respective charts or identified by the use of terms such as "may", "will", "should", "expect", "anticipate", "target", "project", "estimate", "intend", "continue" or "believe" (or the negatives thereof) or other variations thereof. Due to various risk and uncertainties, including those discussed above, actual results may differ materially from those reflected or contemplated in such forward-looking statements or data. As a result, you should not rely on such forward-looking statements in making any investment decisions.

The information and data contained in the Services is not, and may not be relied on in any manner as, legal, tax or investment advice. None of the information contained herein has been filed with the Securities and Exchange Commission, any securities administrator under any state securities laws or any other governmental or self-regulatory authority.

Advisor Energy shall use reasonable efforts consistent with prevailing industry standards to maintain the Platforms in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Access to Platforms may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Advisor Energy or by third-party providers, or because of other causes beyond Advisor Energy' reasonable control, but Advisor Energy shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, ADVISOR ENERGY AND ITS AGENTS REPRESENT THAT THE PLATFORMS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. ADVISOR ENERGY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE PLATFORMS AND/OR THE SERVICES. ADVISOR ENERGY AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE PLATFORMS, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, ADVISOR ENERGY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR PLATFORMS IS AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVISOR ENERGY AND ITS AGENTS WILL NOT BE LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA, INFORMATION OR CONTENT, FOR ANY SERVICES INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTS OF FORCE MAJEURE OR ACTS THAT ARE OTHERWISE OUTSIDE OF ADVISOR ENERGY' OR ITS AGENTS' REASONABLE CONTROL, OR ANY INTERNET OR TELECOMMUNICATIONS FAILURE OR YOUR INABILITY TO ACCESS THE SERVICES OR THE PLATFORM. NOR CAN ADVISOR ENERGY OR ITS AGENTS GUARANTEE THE COMPLETE SECURITY OF THE SERVICES OR THE PLATFORM, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE SERVICES OR THE PLATFORM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS. IN ADDITION, WE CANNOT ALWAYS ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES WITH THE SERVICES, EITHER PRESENTLY OR AS THEY EVOLVE; THE SERVICES MAY CONTAIN BUGS, ERRORS OR OTHER PROBLEMS, WHICH MAY RESULT IN LOSS OF DATA OR SETTINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER ADVISOR ENERGY NOR ITS PARTNERS SHALL BE RESPONSIBLE FOR INVESTMENT AND OTHER FINANCIAL DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE PLATFORMS.

17. Indemnification

You agree to indemnify, defend and hold us and all of our officers, directors, employees, agents, and information providers harmless from and against any and all third-party claims, damages, liability and costs (including attorneys' fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services and/or our Platforms, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under these Terms, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

18. Entire Agreement

These Terms and Policies constitute the entire and exclusive understanding and agreement between Advisor Energy and you regarding our Platform and Services, and these Terms and Policies supersede and replace any and all prior oral or written understandings or agreements between Advisor Energy and you regarding the Platforms and Services.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Advisor Energy' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Advisor Energy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

20. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Advisor Energy (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21. Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Harris County, Texas or a United States District Court located in Harris County, Texas for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.

22. Dispute Resolution

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Advisor Energy or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Advisor Energy must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR ADVISOR ENERGY MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Advisor Energy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Advisor Energy also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or Advisor Energy may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Harris County, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Harris County, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Harris County, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Advisor Energy shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Harris County, Texas.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800–778–7879 or visit the AAA website at http://www.adr.org.

23. Other

You agree that no joint venture, partnership, or employment relationship exists between you and Advisor Energy as a result of these Terms or use of the Services. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. The failure of Advisor Energy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Advisor Energy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

24. Contacting Advisor Energy

If you have any questions about these Terms, please contact us at [email protected]