Common use of Limitation of Liability and Warranty Clause in Contracts

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets.

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity services in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to to, acts of terrorism, strikes, sabotage, or acts of God. XOOM may cancel this Agreement if there is any change in regulation, acts of governmental authoritylaw, and events of Force Majeure occurring with respect to the Local Utilitypricing structure, PJM Interconnection, LLCtariff, or other change in procedure required by any third party systems that results in XOOM being prevented, prohibited, or assetsfrustrated from carrying out the terms of this Agreement. XOOM may cancel this Agreement if your usage of electric power changes substantially.

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets. Cash Back Rewards Program Terms Eligbility: Your rewards are offered by XOOM Energy Rewards are subject to the following terms and conditions. For purposes of receiving rewards, active accounts are defined as those (i) that are billing more than $0 and (ii) for which we have not received a request to discontinue (drop) service or change programs. XOOM Energy may at its discretion send a combined reward payment if you have more than one account enrolled. Rewards are also subject to the Terms and Conditions between XOOM Energy and you, including, but not limited to, all terms related to dispute resolution. XOOM Energy reserves the right to disqualify any account holder from participation in reward programs. Rebate Information: Any tax liability relating to a rebate is your sole responsibility. XOOM Energy is not responsible for resolving any conflicting claims to rebates. Rebates may not be applied as credits or offsets to reduce the amount owed on your account. Rebates shall have no cash value until the rebates are issued. You have no property rights or other legal interest in rebates until rebates are received. You may not assign, transfer or pledge rebates. The terms and conditions of rebates may be modified or rebates may be discontinued at any time at XOOM Energy‘s sole discretion. If XOOM Energy discontinues the rebate programs, you will be eligible for a pro-rated rebate, based on the portion of your Program or Rebate Period that has been completed. However, if rebates are found to be in violation of any applicable law, then XOOM Energy will not have any obligation to provide any rebates to you. Electric Cash Back Information: Cash Back is a rebate program offered by XOOM Energy. Upon enrollment with SimpleFlex, your account will automatically be enrolled in the Cash Back rebate program, and you will become eligible to receive a 5% Cash Back rebate for every $1 spent on the supply portion of your monthly residential electricity bills. To be eligible, you must remain active and in good standing on all qualifying accounts for 12 consecutive months. For avoidance of doubt, should you choose to change your plan within one of the 12-month periods, you will forfeit all existing cash back values for that period. Similarly, your account must be in good standing with no past due billing at the time rebate is paid. Your Cash Back rebate will be paid via check or rewards card and sent to the mailing address associated with your account after every 12 consecutive months of service on the SimpleFlex plan. Please allow 60 days after the close of every 12-month period to receive each rebate. Rebates will be paid via check and delivered to the mailing address on your account. Budget billing customers will be awarded based on the monthly budget billing amount, plus or minus any periodic reconciliation or true-up that is required.

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY NATURAL GAS OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY NATURAL GAS TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity natural gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets. Cash Back Rewards Program Terms Eligibility: Your rewards are offered by XOOM Energy Rewards are subject to the following terms and conditions. For purposes of receiving rewards, active accounts are defined as those (i) that are billing more than $0 and (ii) for which we have not received a request to discontinue (drop) service or change programs. XOOM Energy may at its discretion send a combined reward payment if you have more than one account enrolled. Rewards are also subject to the Terms and Conditions between XOOM Energy and you, including, but not limited to, all terms related to dispute resolution. XOOM Energy reserves the right to disqualify any account holder from participation in reward programs. Rebate Information: Any tax liability relating to a rebate is your sole responsibility. XOOM Energy is not responsible for resolving any conflicting claims to rebates. Rebates may not be applied as credits or offsets to reduce the amount owed on your account. Rebates shall have no cash value until the rebates are issued. You have no property rights or other legal interest in rebates until rebates are received. You may not assign, transfer or pledge rebates. The terms and conditions of rebates may be modified or rebates may be discontinued at any time at XOOM Energy‘s sole discretion. If XOOM Energy discontinues the rebate programs, you will be eligible for a pro-rated rebate, based on the portion of your Program or Rebate Period that has been completed. However, if rebates are found to be in violation of any applicable law, then XOOM Energy will not have any obligation to provide any rebates to you. Natural Gas Cash Back Information: Cash Back is a rebate program offered by XOOM Energy. Upon enrollment with SimpleFlex, your account will automatically be enrolled in the Cash Back rebate program, and you will become eligible to receive a 5% Cash Back rebate for every $1 spent on the supply portion of your monthly residential natural gas bills. To be eligible, you must remain active and in good standing on all qualifying accounts for 12 consecutive months. For avoidance of doubt, should you choose to change your plan within one of the 12-month periods, you will forfeit all existing cash back values for that period. Similarly, your account must be in good standing with no past due billing at the time rebate is paid. Your Cash Back rebate will be paid via check or rewards card and sent to the mailing address associated with your account after every 12 consecutive months of service on the SimpleFlex plan. Please allow 60 days after the close of every 12-month period to receive each rebate. Rebates will be paid via check and delivered to the mailing address on your account. Budget billing customers will be awarded based on the monthly budget billing amount, plus or minus any periodic reconciliation or true-up that is required.

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY NATURAL GAS OR FOR TRANSMITTING THE AND DISTRIBUTING ELECTRICITY NATURAL GAS TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity natural gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets.

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY NATURAL GAS OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY NATURAL GAS TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity natural gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets.. Entire Agreement: This Agreement, including the Contract Summary and the Enrollment form and/or Welcome

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets.. Entire Agreement: This Agreement, including the Contract Summary and the Enrollment form and/or Welcome

Limitation of Liability and Warranty. XOOM WILL NOT BE RESPONSIBLE FOR GENERATING YOUR ELECTRICITY NATURAL GAS OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY NATURAL GAS TO YOUR SERVICE ADDRESS. XOOM ALSO IS NOT LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES, AND XOOM’S LIABILITY NOT EXCUSED BY FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY AND NOT FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. YOU WAIVE ALL OTHER REMEDIES AT LAW OR EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Force Majeure/Uncontrollable Circumstances: XOOM will not be responsible for supplying electricity natural gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to acts of terrorism, strikes, sabotage, acts of God, acts of governmental authority, and events of Force Majeure occurring with respect to the Local Utility, PJM Interconnection, LLC, or other third party systems or assets. Cash Back Rewards Program Terms Eligbility: Your rewards are offered by XOOM Energy Rewards are subject to the following terms and conditions. For purposes of receiving rewards, active accounts are defined as those (i) that are billing more than $0 and (ii) for which we have not received a request to discontinue (drop) service or change programs. XOOM Energy may at its discretion send a combined reward payment if you have more than one account enrolled. Rewards are also subject to the Terms and Conditions between XOOM Energy and you, including, but not limited to, all terms related to dispute resolution. XOOM Energy reserves the right to disqualify any account holder from participation in reward programs. Rebate Information: Any tax liability relating to a rebate is your sole responsibility. XOOM Energy is not responsible for resolving any conflicting claims to rebates. Rebates may not be applied as credits or offsets to reduce the amount owed on your account. Rebates shall have no cash value until the rebates are issued. You have no property rights or other legal interest in rebates until rebates are received. You may not assign, transfer or pledge rebates. The terms and conditions of rebates may be modified or rebates may be discontinued at any time at XOOM Energy‘s sole discretion. If XOOM Energy discontinues the rebate programs, you will be eligible for a pro-rated rebate, based on the portion of your Program or Rebate Period that has been completed. However, if rebates are found to be in violation of any applicable law, then XOOM Energy will not have any obligation to provide any rebates to you. Natural Gas Cash Back Information: Cash Back is a rebate program offered by XOOM Energy. Upon enrollment with SimpleFlex, your account will automatically be enrolled in the Cash Back rebate program, and you will become eligible to receive a 5% Cash Back rebate for every $1 spent on the supply portion of your monthly residential natural gas bills. To be eligible, you must remain active and in good standing on all qualifying accounts for 12 consecutive months. For avoidance of doubt, should you choose to change your plan within one of the 12-month periods, you will forfeit all existing cash back values for that period. Similarly, your account must be in good standing with no past due billing at the time rebate is paid. Your Cash Back rebate will be paid via check or rewards card and sent to the mailing address associated with your account after every 12 consecutive months of service on the SimpleFlex plan. Please allow 60 days after the close of every 12-month period to receive each rebate. Rebates will be paid via check and delivered to the mailing address on your account. Budget billing customers will be awarded based on the monthly budget billing amount, plus or minus any periodic reconciliation or true-up that is required.