The website, located at uniform resource locator www.energyharbor.com (“EH Site”) (a “Site” ), is provided by Energy Harbor (a “Company," collectively, "we," "our," or "us") to the person accessing the Site ("you," "your").
1. You Agree to These Terms by Using this Site
2. Permitted Use of the Site; Monitoring
The information and materials on this Site are provided for general informational purposes. You may use this Site solely for informational purposes or for the purpose of reviewing and/or purchasing the Company’s services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose.
We retain the right, but do not have the obligation, to monitor any and all activities on this Site and to record, screen, edit, curtail, or remove any content on this Site at any time and for any reason. The Company shall have no liability to any user or third party for the performance or non-performance of any monitoring or other actions.
3. User Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. The Company does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, the Company reserves the right to block or remove communications or materials that it determines to be unacceptable to it in its sole discretion.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including the Company’s employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications
When you visit this Site or send emails to the Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Mobile Communication Tools and Text Messaging
The Site provides access to and content for our customer app and mobile website, which provides on-the-go access to important information and services related to your electric account. While there is no direct cost to the public imposed by the Company to utilize any of its mobile application services (including text notification deliveries), STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE CARRIER. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed.
You may opt out of text delivery from Energy Harbor at any time by texting STOP to 69337. You also have the ability to temporarily discontinue your participation in Energy Harbor's text program by texting PAUSE to 69337.
7. Typographical Errors
In the event that a product or service is mistakenly listed at an incorrect price or with incorrect specifications, the Company reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and the Company cancels your order, the Company shall issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer - Warranty
THIS SITE, ITS CONTENT, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Company does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FIRSTENERGY SOLUTIONS CORP., NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Third-Party Links
Energy Harbor's trademarks on this Site, include without limitation: Energy Harbor. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. We aggressively enforce our intellectual property rights. Our trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
Copyright © 2020, Energy Harbor. ALL RIGHTS RESERVED.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Energy Harbor or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Energy Harbor and protected by U.S. and international copyright laws. All software used on this Site is the property of Energy Harbor or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
14. Copyright Complaints
Energy Harbor respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at on our Contact Us Form.
Energy Harbor. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 888-254-6359.
15. No Investment Advice or Soliciting Offers
Nothing in this Site constitutes investment advice, including our SEC filings. We provide investor relations materials for your convenience and information only. In addition, investor relations materials and our other Site content are not offers to sell or solicitations of an offer to buy any security.
All investors should know that there are "ups" and "downs" in every business and stock. There are no guarantees about the future performance of the stock market or our stock. Before you invest in any security, you can protect yourself by being an educated investor. If you are interested in Energy Harbor stock, we recommend that, at a minimum, you read our latest annual report and Form 10-K, Form 10-Q and Form 8-K reports to the SEC over the past year. Our recent proxy statements for shareholder meetings also contain important information. It is also advisable to learn more about us and our industry through a variety of publicly available materials.
Our recent annual reports, Form 10-K and Form 10-Q reports and other materials are accessible through this Site. Other materials we have filed with the SEC are available through its Site at http://www.sec.gov. You can also visit the SEC at its Washington or various regional offices for the same information or hire a document retrieval service to obtain the filings for you.
16. Forward-Looking Information
Some of the statements on our Site, including those relating to projected future financial performance or events, are considered forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. Sometimes these statements will use words such as "anticipate," "estimate," "expect," "project," “will,” "intend," "plan," "believe," "outlook," "forecast," and other similar words. These statements are not guarantees of our future performance and are subject to risks, uncertainties and other important factors that could cause our actual performance to be materially different from those we project.
Our actual results will be different due to the inherent nature of projections and may be better or worse than projected. Given these uncertainties, you should not rely on forward-looking statements. These forward-looking statements also represent our estimates and assumptions only as of the date that they initially were made. We expressly disclaim a duty to provide updates to any forward-looking statements, and the estimates and assumptions associated with them, to reflect events or circumstances or changes in expectations or the occurrence of anticipated events after the date they initially were made.
17. Stock Information
We do not generate the information on the Stock Information & Analyst Coverage page. We believe the information on the Stock Information & Analyst Coverage page is accurate, but we cannot guarantee or warrant the accuracy, completeness, or timeliness of the information. You should not rely on such information for trading or investment purposes. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that arise from reliance on information on the Stock Information & Analyst Coverage page.
18. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
19. Law and Jurisdiction
21. Questions and feedback
Energy Harbor welcomes your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to our Contact Us Form.
Energy Harbor welcomes your questions, comments, and concerns about this Site. Please contact us at 888-254-6359.