Terms and Conditions
TERMS AND CONDITIONS
Description of Services
FirstEnergy Advisors provides services (hereinafter, “Services”) to help connect customers who register to receive the Services in the manner described below (hereinafter “Registered Users”) to competitive retail electric and gas prices from utility suppliers. We identify and recommend competitive alternative pricing in light of market timing and supplier participation. We then facilitate enrollment with the supplier of the Registered User’s choice, both at the time of registration and at the time of any renewal. (See below for a description of the renewal process). In addition, FirstEnergy Advisors provides a Procurement Data Management Platform, accessible at https://get.firstenergyadvisors.com (hereinafter, the “Website”) that is available to customers as a resource for obtaining information on competitive pricing available. The Website is also considered part of the Services.
Given that the enrollments contemplated above only occur at the time of registration and at renewal, FirstEnergy Advisors DOES NOT guarantee that you will at all times be paying the lowest price available in the market, or that your electric and/or natural gas bills will decrease in overall amount as a result of your receipt of the Services. The amount of your electric and/or natural gas bill is based on a number of factors, other than price, including levels of energy usage, and other factors outside of FirstEnergy Advisors’ control. By registering to receive Services under these Terms, you acknowledge that your energy bill may increase due to one or more of these factors. Unless explicitly stated otherwise, the Terms will apply to any new features of or enhancements to the Services offered at the time of your registration. NOTE: FIRSTENERGY ADVISORS IS NOT AN ENERGY SUPPLIER.
Registration, Payment, and Renewal
To receive Services, you must sign up to be a Registered User. To become a Registered User, visit https://get.firstenergyadvisors.com and create an account. When creating your account, you must provide true, accurate, current and complete information about yourself in all required fields. By becoming a Registered User, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form.
If any of your information changes after registering, you agree to update your registration information as soon as possible. If FirstEnergy Advisors suspects that your registration information is not true, accurate, complete, or current, or that you have otherwise violated these Terms, your receipt of Services, including your ability to use the Website, may be subject to suspension or termination.
Upon registration, you will have the opportunity to be connected to a competitive price for gas or electric service, which may result in a change of your gas or electric supplier. Supply charges for your monthly gas or electric use at the price selected by you will appear on your regular local utility bill. A FirstEnergy Advisors and Zentility, Inc. agent fee is included in your gas or electric supply price.
Your registration will remain valid from the date of registration until the end of any supply contract between you and any supplier with which you enroll through the Services (hereinafter, the “Contract Period”). Near the end of your Contract Period, you will receive email notifications indicating that your supply contract is about to expire and giving you the option to renew your supply contract via the Services. In its sole discretion, FirstEnergy Advisors reserves the right to deactivate your registration at any time that you are not a party to any supply contract with a supplier with which you enrolled through the Services.
Electronic Disclosure and Consent
By registering to receive Services, you consent to your electronic receipt of disclosures, documents, and other information (“Information”) by electronic means, including via the Website, by email, or via social media channels. Information may include disclosures and notices which may be required under federal and state law; as well as information, agreements, disclosures and notices that are being provided to you regardless of whether required by applicable laws, rules, regulations or ordinances.
When we send you information or documentation via email, FirstEnergy Advisors will use the email address that you provide to us. It is your sole responsibility to update this email address by using the “change of designated e-mail address” feature on the Website in the event you change your email address, or your email address is compromised in any way. Any change of your designated e-mail address will be effective as of the end of the following business day.
USE OF THE WEBSITE
Once you have become a Registered User, you will have access to the Website, which includes resources and information about competitive and utility pricing. By using the Website, you agree to comply with all applicable laws, rules, and regulations in accessing and/or using the Website. In addition, your use of the Website is conditioned on your agreement that you will NOT engage in any of the conduct enumerated below.
Use the Website for any fraudulent or unlawful purpose.
Except as allowed under applicable law, send unsolicited commercial email (including spam, chain emails, advertising solicitations and similar email solicitations) to the email addresses provided on or through the Website.
Impersonate any person or entity, including, but not limited to, any Website employee, agent, or representative.
Forge any TCP/IP packet header or any part of the header information in any e-mail.
Falsely state or otherwise misrepresent your identity or your affiliation with any person or entity.
Expressly state or imply that FirstEnergy Advisors endorses any statement you make.
Transmit to or from the Website any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
Attempt to probe, scan, or test the vulnerability of the Website, system, or network or to breach security or authentication measures without proper authorization.
Restrict or inhibit any other person from using the Website, including by means of hacking or defacing any portion of the Website.
Interfere or attempt to interfere with the proper functioning of the Website or FirstEnergy Advisors, including.
Interfere with or violate any other Website visitor’s or user’s right to privacy or other rights.
Harvest or collect information about Website visitors or users, or about FirstEnergy Advisors, including employees and representatives identified on the Website, without their express consent.
Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Website.
Modify, alter, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.
Frame or mirror all or any part of the Website without our prior express written authorization.
Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein
Copy or distribute any part of the Website in any medium without FirstEnergy Advisors’ prior written authorization.
Use or launch any automated system, including “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the FirstEnergy Advisors servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
When you become a Registered User (as discussed above), a website account is created on your behalf. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You may change your password at any time by updating your Account Profile page on the Website. In addition, you agree to immediately notify FirstEnergy Advisors of any unauthorized use of your account or any other breach of security.
Third Party Links on the Website
The Website may contain links that make it easier for you to connect to third-party websites. Linked third-party websites are not under the control of FirstEnergy Advisors, and FirstEnergy Advisors is not responsible for the contents of any linked website. The existence of links to third-party websites on the Website is not an endorsement by FirstEnergy Advisors in favor of such websites, or the products or services contained therein. If you choose to access a third-party website linked on this Website, you do so entirely at your own risk. Concerns regarding services or resources offered through third-party websites should be directed to the provider of the service or resource.
Not withstanding any of the above, you are permitted to link to our homepage: https://firstenergyadvisors.com. FirstEnergy Advisors at all times reserves the right to rescind consent for any link to this Website and to take any legal action it deems appropriate
Intellectual Property Rights
The content on the Website, including without limitation, the text, graphics, and photos created by and for FirstEnergy Advisors, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to FirstEnergy Advisors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you for your informational use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of FirstEnergy Advisors or as expressly provided herein. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. FirstEnergy Advisors retains all rights to the Website and the Content unless otherwise expressly stated.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRSTENERGY ADVISORS, ZENTILITY, INC., AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold harmless FirstEnergy Advisors and Zentility, Inc. and their respective parents, subsidiaries, affiliates, members, officers, directors, agents, representatives against any and all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) arising from, or incurred as a result of: (a) your activities in connection with the Website; (b) any violation of the Terms by you.
Limitation of Liability
The exclusive measure of damages recoverable for claims arising from, under or in connection with the Services, whether arising by negligence, intended conduct or otherwise will be limited to direct damages only, and such damages will be the sole and exclusive remedy hereunder. All other remedies or damages are waived. In no event will FirstEnergy Advisors be liable for any incidental, consequential, punitive, exemplary, or indirect damages, lost profits, or other business interruption damages, lost or prospective profits, in tort, contract or otherwise. Neither FirstEnergy Advisors nor Zentility, Inc. shall be liable for damages resulting from any unauthorized access to or alteration of your personal data. The provisions of this Section will survive the termination of the Terms.
Choice of Law/Venue
These Terms are governed by and will be construed in accordance with laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Ohio. FirstEnergy Advisors and you mutually consent to the jurisdiction of the federal and state courts in the State of Ohio and agree that any action, suit, or proceeding concerning, related to, or arising out of these Terms shall be brought there. FirstEnergy Advisors and you agree not to raise any defense or objection or file any motion based on lack of personal jurisdiction, improper venue, or inconvenience of the forum in any case filed in a federal or state court in the State of Ohio.
No Third-Party Beneficiaries
The Terms are intended for the exclusive benefit of FirstEnergy Advisors and you and any respective successors and permitted assigns. Nothing in the Terms shall be construed as creating any rights or benefits in or to any third party.
The Terms constitute the entire agreement between you and FirstEnergy Advisors and shall supersede any prior or contemporaneous, oral or written, express or implied understanding between them respecting the subject matter hereof. No modification, amendment or waiver will be effective or binding without the written consent.
Waiver and Severability
No waiver or consent, express or implied, of any default in the performance of any provision herein will operate or be construed as a waiver or consent of any other default whether of a like or different nature. Failure to complain of any act or to declare a default with respect to the Terms, regardless of how long that failure continues, will not constitute a waiver with respect to that default until the applicable statute of limitations period has run.
If any provision of the Terms is, for any reason, adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment will not affect, impair or invalidate the remainder of the Terms which shall be enforced as fully as possible, but will be confined in its operation to the provision directly involved in the controversy in which judgment will have been rendered. The provision rendered invalid or unenforceable shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.