FirstEnergy's Pennsylvania Default Service Program

INFORMATION WEBSITE TERMS AND CONDITIONS OF USE

Background

These terms and conditions apply to this Website (hereafter referred to as “Information Website” or “Site”) for the Default Service auctions (“Default Service Auctions”) for the Metropolitan Edison Company (“Met-Ed”), Pennsylvania Electric Company (“Penelec”), Pennsylvania Power Company (“Penn Power”), and West Penn Power Company (“West Penn Power”) (each of which may be referred to as a “Company”, and/or in combinations as “Companies”). These terms and conditions of use, along with any privacy statement on this Site, are together referred to herein as the “Terms.” CRA International, Inc. d/b/a Charles River Associates ("CRA") is the operator of this Site.

FAQ Disclaimer

The information provided in the Frequently Asked Questions (“FAQs”) section of the Site has been prepared by the Companies and their advisors for the purposes of facilitating the Default Service Auctions. The information presented and distributed here is subject to update, modification and/or amendment. The information is current as of the posting date. The material presented and distributed here is for informational purposes only and is made available with the understanding that any individual accessing it will use it for the sole purpose of participating in the aforementioned Default Service Auctions. The information is not intended to form any part of the basis of any investment decision, valuation, or any bid that may be submitted during the Default Service Auctions. This information should not be relied upon, and each recipient should make its own independent assessment of the subject opportunity after making all investigations it deems necessary.

Accurate Information

By accessing this Site you represent that you will provide complete, accurate, and current information when submitting or responding to information requests on the Site. CRA may phone or email you to verify such information.

Access

The Site may not always be available for use. Maintenance, repairs, changes, updates, or outages to the Site may occur without notice.

Ownership

CRA or the Companies (as the case may be) owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, business names, trade names, icons, and sound recordings) and the software, as well as other material underlying and forming part of the Site unless otherwise indicated. Without prior written permission, you may not in any form or by any means:

  • adapt, reproduce, copy, store, distribute, print, display, perform, publish, or create derivative works from any part of this Site; or
  • commercialize, copy, or on-sell any information or items obtained from any part of this Site.

Use of the Site and Termination of Use

Use of the Site for any unlawful purpose is strictly prohibited.

Without limiting any other rights and remedies available to CRA or the Companies, CRA and the Companies may limit your activities on the Site, remove your access to the Site, or refuse to provide any other services to you, if you breach these Terms, or where CRA and the Companies consider it appropriate at their sole discretion.

No Warranties

The information provided in the Default Service Auctions, or on the Site, has been prepared to assist bidders in evaluating the Default Service Auctions. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. the Companies and CRA do not make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and shall not, either individually or as a corporation, be liable for any representation expressed or implied in the Default Service Auctions or any omissions from the Default Service Auctions, or any information provided to a bidder by any other source. A bidder should check the Site frequently to ensure it has the latest information including the latest documentation. Neither the Companies nor CRA, nor any of their respective representatives, shall be liable to a user of this Site or to a bidder in the Default Service Auctions or any of its representatives for any claims, losses or damages relating to or arising from the user’s or bidder's use of or reliance on such information.

Exclusion of Liability

CRA will use its reasonable endeavors to ensure the availability of the Site, subject to any downtime required for maintenance; however, CRA accepts no responsibility in connection with any Site unavailability or for any loss that is incurred as a result of the Site or any services contained on the Site being unavailable. Further, CRA assumes no responsibility for the corruption of any data or information held by CRA.

To the fullest extent allowed by law, neither the Companies nor CRA, nor their respective officers, employees, advisors, or agents, accept any responsibility for, and shall not be responsible for, any loss or damage arising from or as a consequence of, use of, or reliance upon, any information, data or material contained on the Site. CRA and the Companies expressly disclaim any liability which is based on your use of this Site or arises out of the information, data, or material contained on this Site.

Indemnity

By accessing the Site you indicate your agreement to fully indemnify, defend and hold harmless CRA and the Companies, and their respective officers, employees, advisors, agents, and suppliers from any liability, loss, claim and/or expense related to your breach of your obligations and responsibilities hereunder.

Security

CRA will use commercially reasonable efforts to keep your personal information secure in our files and systems. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.

If you receive user-specific login information, you are responsible for keeping such information, including passwords, secret and secure. Without limiting the foregoing, you agree:

  • not to permit any other person (other than one of your authorized representatives) to use your user name; and
  • not to disclose, or provide to any other person (other than one of your authorized representatives), your password, or any other information in connection with your login status, that may allow them to gain access to the Site.

You agree that you will not damage, interfere with or harm the Site, or any network or system underlying or connected to them, or attempt to do so.

Please refer to this Site’s Privacy Statement for information about how CRA gathers, uses, and protects information about visitors to this Site.

Force Majeure

CRA has no liability for any lack of performance, unavailability or failure of the Site, or any failure of CRA to comply with these Terms, where the same arises from any cause reasonably beyond the control of CRA.

Changes to this Statement

The Terms may be amended, in whole or in part, by CRA from time to time at its discretion. Amendments will be effective immediately upon posting the amended Terms on this Site. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Site indicates your agreement to be bound by the Terms as they may exist at the time of use.

General

CRA and the Companies assume no responsibility for sites linked to this Site. CRA provides links only as a convenience, and the inclusion of any link does not imply the endorsement, investigation or verification by CRA or by the Companies of the linked site.

Please note that if you link to a third party site from the Site, any information you provide to that site and any use of that information by the third party are not under the control of CRA or the Companies and are not subject to these Terms.

If any provision of these Terms becomes or is held to be invalid, unenforceable, or illegal for any reason, or in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

If any right available to CRA or the Companies under these terms is not exercised or enforced by them, that does not constitute a waiver of those rights.

Those who access the Site from locations outside the United States are responsible for compliance with local laws. The laws of the State of New York govern the Site and all who use it submit to the non-exclusive jurisdiction of the Courts of the State of New York.

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