Terms of Service

1 Definitions

For purposes of these Terms:

• "The Energy Exchange Market," "we," "us," "our": a wholesale, independent energy consultancy.
• "You" or "Client": the business entity or authorized representative accessing our Site or engaging our services.
• "Services": energy advisory, procurement, demand response, capacity management, and analytics services described in Section 2.
• "Supplier": any licensed competitive retail electric supplier to whom The Energy Exchange Market submits bids or executes supply arrangements on your behalf.
• "Supply Contract": any supply agreement executed between you and a Supplier, facilitated by The Energy Exchange Market as broker.
• "Interval Data": your 15-minute or hourly electricity usage data retrieved from your utility via EDI or Letter of Authorization (LOA).

2 Description of Services

The Energy Exchange Market is a wholesale, independent energy consultancy. Our Services include, but are not limited to:

• Commercial and industrial energy supply procurement, load profile analysis, and contract negotiation
• Energy audit, supplier bid solicitation, and normalized bid comparison across 30+ investment-grade suppliers
• Demand response program enrollment and settlement management (PJM ELRP, ISO-NE FCM, and related programs)
• Peak Load Contribution (PLC) tag management, ICAP optimization, and coincident peak curtailment advisory
• Forward market intelligence, Base Residual Auction (BRA) analysis, and renewal advisory
• Budget-to-actual variance reporting and executive energy reporting

The Energy Exchange Market operates exclusively in deregulated electricity markets. All energy supply agreements are executed directly between you and a licensed Supplier; The Energy Exchange Market is not a party to Supply Contracts and does not generate, transmit, or distribute electricity.

3 Eligibility and Authorization

By using our Site or requesting Services, you represent, warrant, and covenant that:

• You are at least 18 years of age and legally authorized to act on behalf of the business entity you represent
• You have all necessary authority to authorize an energy audit, release account data, authorize The Energy Exchange Market to communicate with your utility or current supplier on your behalf, and to execute Supply Contracts on behalf of your organization
• All information you provide is accurate, current, complete, and not misleading
• Your facility or account is located in a deregulated electricity market served by The Energy Exchange Market
• You will promptly notify The Energy Exchange Market if any representation above ceases to be accurate

4 Broker Compensation Disclosure

The Energy Exchange Market provides advisory and procurement services at no direct charge to you. We are compensated through a broker margin embedded in the supplier's price, paid by the energy Supplier upon execution of a Supply Contract.

For demand response enrollment, The Energy Exchange Market earns a percentage of the capacity market revenue your facility receives. The specific revenue-sharing percentage will be set forth in a separate Demand Response Services Agreement executed prior to enrollment.

5 Authorization to Act on Your Behalf

By submitting an audit request or executing a services agreement, you authorize The Energy Exchange Market to:

• Request Interval Data, account usage history, and account information from your utility via EDI or Letter of Authorization on your behalf
• Share relevant account information with investment-grade Suppliers solely for the purpose of obtaining competitive supply bids
• Submit enrollment paperwork to PJM Interconnection, ISO New England, or relevant demand response program administrators where you have explicitly authorized specific program enrollment
• Communicate with your utility, current supplier, or program administrator as necessary to perform our Services

This authorization expressly does not permit The Energy Exchange Market to execute any binding Supply Contract or financial commitment on your behalf without your explicit written approval of the specific agreement terms.

6 Accuracy of Estimates and Projections

Energy savings estimates, demand response revenue projections, capacity cost analyses, and other financial projections are estimates based on available market data, historical Interval Data, current program parameters, and assumptions about future market conditions. They are not guarantees, representations, or warranties of future results.

You are solely responsible for independently verifying all estimates and projections and for making your own informed decisions regarding energy procurement and demand response participation.

7 Your Obligations

In connection with your use of our Services, you agree to:

• Provide accurate, complete, and current information about your energy accounts, facilities, and operational requirements
• Promptly notify The Energy Exchange Market of any material changes to your account, facility operations, or energy usage that may affect any active Supply Contract, demand response enrollment, or ongoing engagement
• Comply with the terms of any Supply Contract you execute with a Supplier, and all applicable demand response program rules and performance obligations
• Not misrepresent your authority, facility characteristics, usage data, or any other information provided to The Energy Exchange Market or to Suppliers
• Use the Site and Services only for lawful purposes and in accordance with these Terms

8 Intellectual Property

All content on the Site, including text, graphics, market analyses, methodology descriptions, proprietary tools, savings calculators, the Energy Exchange Market brand, trade names, and logos, is owned by or licensed to The Energy Exchange Market and is protected by applicable U.S. and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your own internal business evaluation purposes. Unauthorized use terminates this license immediately.

9 Third-Party Services and Links

Our Site may link to or embed third-party platforms, including appointment scheduling tools, payment processors, and regulatory resources. The Energy Exchange Market does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party service. The Energy Exchange Market is not liable for any harm or loss arising from your use of third-party services.

10 Disclaimers of Warranty

11 Limitation of Liability

In no event shall The Energy Exchange Market's total aggregate liability exceed the total broker compensation actually received in connection with your specific account during the twelve (12) calendar months immediately preceding the event giving rise to the claim.

12 Indemnification

You agree to defend, indemnify, and hold harmless The Energy Exchange Market and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your breach of any representation, warranty, or obligation under these Terms; (b) your violation of any applicable law or regulation; (c) any misrepresentation you make to The Energy Exchange Market, any Supplier, or any program administrator; or (d) your use of the Site or Services in any manner not authorized by these Terms.

13 Confidentiality

Each party agrees to: (a) hold all confidential information in strict confidence; (b) use such information only as necessary to perform obligations under these Terms; and (c) not disclose such information to any third party without prior written consent of the disclosing party, except as required by law. The Energy Exchange Market's obligations to maintain the confidentiality of your account data are further described in our Privacy Policy.

14 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

15 Dispute Resolution and Arbitration

Informal resolution first. Before initiating any formal proceeding, you agree to contact The Energy Exchange Market in writing and provide a description of the dispute and the relief sought. The parties will attempt to resolve the dispute informally for thirty (30) calendar days.

Binding arbitration. If unresolved, any remaining dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Chester County, Pennsylvania.

Class action waiver. You and The Energy Exchange Market agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16 Modifications to These Terms

The Energy Exchange Market reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. For active clients, material changes will be communicated by email with at least fourteen (14) days' advance notice. Your continued use of our Site or Services after the effective date constitutes acceptance of the revised Terms.

17 Termination

Either party may terminate an engagement at any time upon written notice. Termination does not affect the terms of any Supply Contract or Demand Response Services Agreement already executed. Sections 8, 10, 11, 12, 13, 14, 15, and 18 survive termination.

18 Regulatory Disclosure

The Energy Exchange Market is a wholesale, independent energy consultancy. We are not a utility, are not affiliated with any local distribution company (LDC), and are not affiliated with PJM Interconnection, LLC, ISO New England Inc., the New York Independent System Operator, the Electric Reliability Council of Texas, or the Southeast Energy Exchange Market (SEEM). The Energy Exchange Market does not generate, transmit, or distribute electricity.

19 Contact and Notices

All formal notices and communications under these Terms must be in writing. Notices sent by email are effective upon confirmed receipt. Notices sent by certified mail are effective three (3) business days after mailing.