This is a limited-time offer to which terms, conditions, and restrictions apply. Brilliant Energy, LLC (“Brilliant Energy”) is a retail electric provider licensed by the Public Utility Commission of Texas, license number 10140. The CoolSaver© Program [link to CoolSaver Program website advertisement] is not a Brilliant Energy program. Receipt of electric service from Brilliant Energy is not conditioned on your participation in the CoolSaver© Program. The CoolSaver© Program is not available exclusively through Brilliant Energy and may be offered, independently or in concert, by 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 Brilliant 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 will be provided on a first-come-first-served basis, and time is of the essence with respect to your scheduling a Tune-Up appointment.
Brilliant Energy does not, and you agree that Brilliant 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. Brilliant 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 Rule 25.272(c)(5) of the Substantive Rules Applicable to Electric Service Providers (see P.U.C. Subst. R. 25.272(c)(5) at https://www.puc.texas.gov/agency/rulesnlaws/subrules/electric/25.272/25.272.pdf).
BRILLIANT ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS, PRODUCTS, OR SERVICES DESCRIBED HEREIN OR RELATED HERETO, AND BRILLIANT ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 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 Brilliant Energy, including, but not limited to, Brilliant Energy’s current and future parent companies, subsidiaries, and their respective directors, officers, managers, shareholders, employees, agents, and representatives, from any and all claims, suits, actions, judgments, losses, damages, demands, and liability of any and all kinds and without regard to foreseeability, including, but not limited to, injury or death of persons or injury to property, and indirect, special, incidental, exemplary, consequential, punitive, and other damages, whether sounding in contract, tort, statute, equity, or otherwise, that arise from, or are otherwise 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 Energy, CLEAResult, or any independent contractor, or other person or entity.