These Terms of Service ("Terms") govern your access to and use of the website, content, and services provided by PowerCord Energy LLC ("PowerCord," "we," "us," or "our"). By accessing our website, providing your information, enrolling in our services, or opting in to our communications, you agree to these Terms.
If you do not agree to these Terms, do not use our website or services. These Terms take effect on the effective date shown above and apply each time you use our website or services.
PowerCord Energy is a registered Texas electricity broker (Registration No. BR240257). We help multifamily residents and property management companies enroll in retail electricity service with licensed retail electric providers (REPs). We coordinate the enrollment so it lines up with the lease, and we manage the steps required to get service started.
PowerCord is not a retail electric provider. We do not generate, sell, or deliver electricity, and we do not own or operate transmission or distribution infrastructure. The electricity service contract is between you and the retail electric provider you select. That provider sets your rate, bills you, and is responsible for delivering your electricity service under its own terms.
PowerCord's role is to facilitate the enrollment. We help you choose a plan and complete the steps to start service in your name. The terms of your electricity service itself live in the agreement between you and your retail electric provider.
To use our services, you must be at least 18 years old and able to enter into a binding contract under applicable law. Our enrollment services are offered for properties in the State of Texas served by the deregulated retail electricity market under the Public Utility Commission of Texas (PUCT).
By using our services, you represent that the information you provide is accurate and that you are authorized to enroll in electricity service for the address you submit.
PowerCord Energy operates an SMS and text messaging program. This section explains the program, how you join, and how you leave. Please read it carefully.
The PowerCord Energy messaging program sends recurring automated marketing and transactional text messages. These messages may include enrollment confirmations, account alerts, service notifications, appointment and document reminders, customer support replies, and promotional offers related to electricity enrollment and PowerCord services.
By providing your mobile phone number and opting in, you consent to receive recurring automated marketing and transactional text messages from PowerCord Energy at the number you provided, including messages sent using an automatic telephone dialing system. Consent to receive marketing text messages is not a condition of purchasing any property, leasing any unit, or receiving any product or service from PowerCord.
Message frequency varies. You may receive recurring messages based on your account activity and the communications you have requested.
Message and data rates may apply. Check with your mobile carrier for details on your plan.
You may opt out of the messaging program at any time by replying STOP to any text message you receive from us. After you reply STOP, we will send a single confirmation message and then stop sending program text messages to that number. To rejoin, opt in again through the same method you used to subscribe.
For help with the messaging program, reply HELP to any text message you receive from us, or contact us using the information in Section 17 below. Replying HELP returns information on how to reach us and how to opt out.
Carriers are not liable for delayed or undelivered messages. Delivery of text messages depends on your mobile carrier's network and is not guaranteed.
How we collect, use, and protect the information tied to the messaging program is described in our Privacy Policy. Mobile opt-in data and consent are never shared with third parties for their own marketing purposes.
When you provide your email address, you may receive transactional email about your enrollment and account, and, where you have provided consent, marketing email from PowerCord Energy. We send commercial email in compliance with the federal CAN-SPAM Act.
You may unsubscribe from marketing email at any time by using the unsubscribe link in any marketing message, or by contacting us using the information in Section 17 below. We honor unsubscribe requests promptly. You may continue to receive transactional email related to your active enrollment or account after you unsubscribe from marketing email.
You agree to use our website and services only for lawful purposes and in accordance with these Terms. When using our website and services, you agree that you will not:
We may suspend or terminate your access to the website or services if you violate these Terms or use the website or services in a way that we reasonably believe could cause harm to PowerCord, our customers, or others.
The website and its content, including text, graphics, logos, page layout, and software, are owned by PowerCord Energy LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. The PowerCord Energy name and logo are trademarks of PowerCord Energy LLC.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal, non-commercial use in connection with our services. You may not copy, reproduce, distribute, modify, or create derivative works from the website or its content without our prior written permission.
Your electricity service is provided by a licensed retail electric provider under a separate contract between you and that provider. That contract, including the rate, term, and the provider's own terms and conditions, governs your electricity service. PowerCord is not a party to that contract and does not control the rate, billing, or service decisions of the retail electric provider you select.
Our website may contain links to third-party websites and services, including those of retail electric providers, technology platforms, and payment processors. We provide these links for convenience. We do not control third-party websites and services and are not responsible for their content, products, privacy practices, or terms. Your use of any third-party website or service is governed by that party's own terms and policies.
The website and PowerCord's enrollment services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, PowerCord disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
PowerCord facilitates enrollment with licensed retail electric providers. The electricity service contract is between you and the retail electric provider you select. The retail electric provider, not PowerCord, sets your rate, bills you, and is responsible for delivering your electricity service under its own terms. PowerCord does not guarantee the rates, plans, billing, or service of any retail electric provider.
To the fullest extent permitted by law, PowerCord and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of the website or services, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, PowerCord's total liability for any claim arising out of or related to these Terms or your use of the website or services will not exceed five hundred dollars ($500).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you. In that case, our liability is limited to the fullest extent permitted by applicable law.
Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, or any liability that cannot be limited or excluded under applicable law, including the Texas Deceptive Trade Practices-Consumer Protection Act.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law provisions. Subject to Section 11 (Dispute Resolution and Arbitration), you agree that any dispute arising out of or related to these Terms or your use of the website or services will be subject to the exclusive jurisdiction of the state courts located in Collin County, Texas, and the United States District Court for the Eastern District of Texas, Sherman Division, and you consent to personal jurisdiction in those courts.
As a registered Texas electricity broker, PowerCord operates under oversight of the Public Utility Commission of Texas (PUCT). Nothing in these Terms limits any right you have under PUCT Substantive Rules or other applicable Texas law.
PowerCord does not charge you a fee to enroll you in retail electricity service. You may contact the Public Utility Commission of Texas with questions or complaints about retail electricity service.
Please read this section carefully. It affects how disputes between you and PowerCord are resolved and requires individual arbitration for most disputes instead of court proceedings and jury trials.
If you have a dispute with PowerCord, contact us first using the information in Section 17 below so we can try to resolve it informally. Most concerns can be settled this way. If we cannot resolve the dispute within sixty days, either of us may start an arbitration as described below.
You and PowerCord agree that any dispute that cannot be resolved informally and that arises out of or relates to these Terms or your use of the website or services will be resolved by binding individual arbitration rather than in court, except as stated in the small-claims and opt-out provisions below. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitrator decides the dispute, and the arbitrator's decision is final and may be entered as a judgment in a court of competent jurisdiction.
You and PowerCord agree that each may bring a dispute against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If this waiver is found to be unenforceable as to a particular claim, that claim is severed from arbitration and brought in court, and the remaining claims proceed in arbitration.
PowerCord will pay the arbitration filing, administration, and arbitrator fees for consumer claims to the extent required by the applicable arbitration rules.
Either you or PowerCord may bring an individual claim in small-claims court instead of arbitration if the claim qualifies and stays in that court. This option remains available to both parties.
You may opt out of this arbitration agreement by sending written notice to PowerCord at the contact information in Section 17 below within thirty days after you first accept these Terms. Your notice must include your name, the address tied to your account or enrollment, and a clear statement that you want to opt out of arbitration. If you opt out, the Governing Law section above applies to your disputes. Opting out of arbitration does not affect any other part of these Terms.
PowerCord acts as your enrollment facilitator. PowerCord is a licensed Texas electricity broker (Registration No. BR240257). PowerCord is not the agent of, and does not bind, any retail electric provider. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PowerCord. This section does not affect the separate electricity service contract between you and the retail electric provider you select, which governs your electricity service under that provider's own terms.
If any provision of these Terms is found to be invalid or unenforceable, that provision is limited or removed to the minimum extent necessary, and the remaining provisions stay in full force and effect.
These Terms, together with our Privacy Policy, are the entire agreement between you and PowerCord regarding the website and our enrollment services, and they replace any prior agreement on that subject. These Terms do not affect the separate electricity service contract between you and your retail electric provider.
PowerCord may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign these Terms or any of your rights or obligations under them without PowerCord's prior written consent. These Terms bind and benefit each party's permitted successors and assigns.
We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide additional notice on our website. Your continued use of the website or services after any update means you accept the revised Terms. We encourage you to review these Terms periodically.
If you have questions about these Terms, please contact us:
PowerCord Energy LLC
3400 N. Central Expwy, Stes. 110-277
Richardson, Texas 75080
Email: info@powercordenergy.com
Phone: 214-831-6510
For how we handle your information, including data tied to our SMS and email programs, see our Privacy Policy.