Terms of Service

Last Updated: September 17, 2025

1. Introduction

Welcome to Carter Energy Consulting, LLC ("Carter Energy," "we," "us"). By accessing or using our website, PriceWatch Pro alerts, Advantage Bidding System™, or any related services (the "Services"), you agree to these Terms of Use (the "Terms"). If you are using the Services on behalf of a business, you represent and warrant that you are authorized to bind that business to these Terms.

Applicability. These Terms apply to our website, PriceWatch Pro market alerts, the Advantage Bidding System™, and related communications and support channels. The Services are intended for business users.

2. Definitions

"REPs" means Retail Electric Providers.

"Customer," "you," or "your" means the business and its authorized representatives using the Services.

"Beta Services" means products or features identified as alpha, beta, pilot, limited release, or pre‑release.

"Outputs" means alerts, analytics, estimates, pricing indicators, or other informational content generated by the Services.

Notice. PriceWatch Pro is currently offered as a Beta Service. See Section 11A when available for additional terms.

3. Eligibility and Business Use Only

The Services are intended for U.S. business customers. You must be at least 18 years old and authorized to act for the business you represent. The Services are not for personal or household use.

Commercial Use Only. The Services are offered solely to business and other commercial entities. We may, in our sole discretion and without notice, suspend or terminate access to any individual or organization that is not a commercial customer.

4. What We Do (Service Description and Role)

Carter Energy is an independent, registered Texas energy broker. We are not a REP, utility, or government agency, and we do not sell electricity. We facilitate competitive offers from REPs and help you evaluate them. Any final energy supply agreement is solely between you and the selected REP.

No Professional Advice. We do not provide legal, tax, accounting, investment, or utility‑tariff advice. Any Outputs are informational and should be independently reviewed before you make decisions.

Decisions should be based on executed REP offers and contracts, not on preliminary alerts or indicators.

5. Your Responsibilities

You agree to:

Provide true, accurate, and complete information and promptly update it
Review all contract terms before signing any REP agreement
Make timely decisions on presented offers
Use the Services only for lawful, business purposes

We may suspend or terminate access if we suspect fraud, misuse, or violations of these Terms.

6. Limited Authorization to Act

You authorize us to: (a) request and receive your usage and billing information from utilities or REPs; (b) request quotes and communicate with REPs on your behalf; and (c) present offers and related analysis to you. You remain the decision‑maker for any REP contract and are responsible for reviewing all contract terms.

When you enroll in Advantage Bidding, you will accept specific LOA terms via clickwrap as part of signup.

7. Fees and Compensation Disclosure

We may be compensated by REPs, and the applicable commission will be disclosed to you in writing before you sign any agreement. We do not charge retainers. Our compensation is tied to your executed REP contract and is earned for the contract term. If a contract ends early, our compensation may end accordingly. For additional details, see our PUC Disclosure at https://getcarterenergy.com/puc-disclosure

8. Privacy

Our collection, use, and sharing of information are governed by our Privacy Policy, which is incorporated into these Terms by reference and available at https://getcarterenergy.com/privacy-policy. If these Terms and the Privacy Policy conflict regarding data practices, the Privacy Policy controls.

9. Acceptable Use

You agree not to: (a) access or use the Services in violation of law; (b) attempt to interfere with security or integrity; (c) reverse engineer or scrape; (d) misuse PriceWatch Pro alerts or Advantage Bidding System outputs; or (e) falsely represent authorization or identity.

Use of Outputs. Use Outputs (including alerts, analytics, and pricing indicators) only for internal business purposes, and do not rely on Outputs without independent verification.

10. Intellectual Property

We own all rights, title, and interest in the Services, including the Advantage Bidding System™, PriceWatch Pro, software, content, and trademarks. Subject to these Terms, we grant you a limited, non‑exclusive, revocable license to access and use the Services for your internal business purposes.

Feedback. You grant us a non‑exclusive, worldwide, perpetual, irrevocable, royalty‑free license to use and incorporate into the Services any suggestions, enhancement requests, or other feedback you provide.

11. Disclaimers

THE SERVICES, INCLUDING ANY OUTPUTS AND MARKET DATA, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR‑FREE, OR THAT ANY PARTICULAR SAVINGS OR OUTCOME WILL BE ACHIEVED. WE DO NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE.

11A. Beta Services (PriceWatch Pro)

From time to time, we may offer products or features identified as alpha, beta, pilot, limited release, or pre‑release (collectively, “Beta Services”), including PriceWatch Pro. Beta Services are provided for evaluation purposes only, may be changed or discontinued at any time, and are provided “AS IS” without warranties or commitments of any kind. Beta Services may be incomplete or contain errors and may not function as intended. We have no obligation to provide support, service levels, or continued availability for Beta Services.

Outputs and Decisions. PriceWatch Pro alerts are for discussion and scheduling purposes only and are not offers or quotes. Alerts, analytics, and other outputs generated by Beta Services are informational only and do not constitute legal, tax, accounting, investment, or procurement advice. You are responsible for your decisions and for validating whether outputs are suitable for your business needs.

12. Limitation of Liability

To the fullest extent permitted by law, Carter Energy will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, or data, even if advised of the possibility. Our aggregate liability for all claims arising out of or related to the Services will not exceed the greater of $100 or the fees you paid to Carter Energy in the 12 months before the event giving rise to the claim.

13. Indemnification

You will indemnify and hold Carter Energy harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your breach of these Terms, your reliance on Outputs without independent verification, or information you provide that is inaccurate or unlawful.

14. Third‑Party Services and Links

We may link to external sites or use third‑party tools. We are not responsible for their content or practices. Review their terms and policies separately. Utilities, REPs, and other third‑party services are independent of Carter Energy; their terms and privacy policies govern your use of their services.

15. Communications

If you sign up for PriceWatch Pro, we will send market alerts when we identify meaningful pricing downturns. If you sign up for Advantage Bidding, we will only contact you for required information and service updates related to the bidding process. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not required to use the Services. We may still send non‑promotional service messages.

These alerts are informational and intended to help schedule a discussion; binding pricing is provided only by REPs through their offers.

16. Compliance and Record‑Keeping

In compliance with Texas regulations, we will maintain required records of contracts, Letters of Authorization (LOAs), and communications for the periods specified by applicable law and PUCT guidance. You agree to retain and provide necessary authorizations and to comply with applicable rules.

17. Changes to Services and Terms

We may modify or discontinue features at any time. We may update these Terms by posting the updated Terms with an updated "Last Updated" date and, for material changes, providing additional notice consistent with applicable law. Your continued use after the effective date constitutes acceptance.

18. Governing Law and Dispute Resolution

These Terms are governed by Texas law, without regard to conflict‑of‑law rules. You agree to the exclusive jurisdiction and venue of state or federal courts located in Dallas County, Texas. The parties waive jury trial to the extent permitted by law.

18A. Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration will be Dallas County, Texas. Judgment on the award may be entered in any court of competent jurisdiction. You and Carter Energy waive any right to a jury trial and to participate in a class action or class-wide arbitration. Either party may seek relief in small claims court for qualifying claims. You may opt out of arbitration within 30 days of first accepting these Terms by emailing results@getcarterenergy.com with the subject line “Arbitration Opt Out” and including your business name and contact details.

19. Miscellaneous

Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

Assignment. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.

Severability. If a provision is unenforceable, the remainder remains in effect.

Entire Agreement; Waiver. These Terms, together with the Privacy Policy, are the entire agreement regarding the Services. Waivers must be in writing and are not continuing unless stated.

No Third‑Party Beneficiaries. These Terms create no third‑party beneficiary rights.

Publicity. You grant Carter Energy permission to use your business name and logo in customer lists, presentations, and website pages identifying you as a customer, unless you opt out by emailing results@getcarterenergy.com. We will not disclose confidential information without your prior written consent.

Export. You agree to comply with U.S. export control and sanctions laws as applicable.

20. Contact Information

Carter Energy Consulting, LLC

316 South Broadway Avenue Tyler, TX 75702

Results@getcarterenergy.com

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.