Information Website Terms of Use

Background

This Terms of Use Statement applies to the Information Website (hereafter referred to as “the Site”) for the FirstEnergy Solutions CSAPR Emission Allowance Auction.

FAQ Disclaimer

The information provided in the Frequently Asked Questions (“FAQs”) section of the Site has been prepared by FirstEnergy Solutions and its advisors for the purposes of facilitating the Auction. 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 Auction. 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 Auction process. Each recipient should not rely on this information and should make its own independent assessment of the potential value to purchase emission allowances after making all investigations it deems necessary.

Forward Looking Statements

Some material in the Site includes forward-looking statements based on information currently available to management. Such statements are subject to certain risks and uncertainties. These statements typically contain, but are not limited to, the terms "anticipate," "potential," "expect," "believe," "estimate" and similar words. Actual results may differ materially due to a variety of factors including but not limited to market conditions and policy and regulatory decisions made by state and federal governments.

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, or updates to the Site may occur without notice.

Ownership

CRA or FirstEnergy Solutions (as the case may be), unless otherwise indicated, 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. 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 FirstEnergy Solutions, CRA and FirstEnergy Solutions 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 FirstEnergy Solutions consider it appropriate at their sole discretion.

No Warranties

The information provided in the Auction, or on the Site, has been prepared to assist bidders in evaluating the Auction. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. Neither FirstEnergy Solutions nor CRA makes 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 Auction or any omissions from the Auction, or any information provided to a bidder by any other source. A bidder should check the Site frequently to ensure it has the latest documentation and information. Neither FirstEnergy Solutions nor CRA, nor any of their representatives shall be liable to a participant or any of its representatives for any consequences relating to or arising from the participant's use of outdated 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 FirstEnergy Solutions 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 FirstEnergy Solutions 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 FirstEnergy Solutions, 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.

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 of Use and Privacy Statement (“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 FirstEnergy Solutions 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 FirstEnergy Solutions 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 FirstEnergy Solutions and are not subject to the Terms of Use or Privacy Statements on this Site.

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 CRA or FirstEnergy Solutions does not exercise or enforce any right available to it under these Terms, it 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 Commonwealth of Massachusetts govern the Site and all who use it submit to the non-exclusive jurisdiction of the Courts of the Commonwealth of Massachusetts.

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