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Thank you for visiting the internet site (the “Site”) of Strategic Energy L.L.C. (“Strategic Energy”).  Before using this Site, please read the terms and conditions for use (the “Conditions”). If you do not agree with the terms, please do not continue at this Site.

These Conditions also incorporate the Privacy Notice set forth below, and Strategic Energy shall have the right at any time and without prior notice, at its sole discretion, to revise these Conditions or to impose new terms and conditions with respect to access to or use of the Site. You are responsible for reviewing the Site for any modification to these Conditions as they may affect your rights or obligations hereunder.

These Conditions are effective until terminated by Strategic Energy and Strategic Energy may terminate these Conditions without notice and at any time. Strategic Energy shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.

In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Site content, and the disclaimers, indemnities, and limitation of liabilities set forth in these Conditions shall survive such termination.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site including your purchase of products or services on the Site.

USE RESTRICTIONS AND OWNERSHIP RIGHTS

This Site and all materials contained herein are copyrighted works of Strategic Energy, our parent companies or affiliates, or third party suppliers. All trademarks, service marks, and trade names are proprietary to Strategic Energy, our parent companies or affiliates, or third party suppliers. Neither this Site nor any material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as described from time to time throughout the Site.  You must keep intact all copyright and other proprietary notices.  You may not make any modifications to the materials on this Site or any claims to ownership of such material.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically.  By communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting 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

COOKIES

A cookie is a small data file that certain web sites write to your computer’s hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of the Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of information on the Site to our users and to see how effective our navigational structure is in helping users reach that information. No personal information is stored or transmitted with these cookies.

If you prefer not to receive cookies while browsing the Site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of the Site if you do so. In particular, you may be required to accept cookies in order to complete certain actions on the Site. You do not need to have cookies turned on, however, to use/navigate through many parts of the Site, except access to certain web pages on the Site may require a login and password.

LINKS FROM THIS SITE

This Site may contain links to other third-party web sites, which web sites are beyond our control. These third-party web sites may send their own cookies to you, collect data, solicit personal information or contain information that you may find inappropriate or offensive. You understand and agree that Strategic Energy is not responsible for any information or materials contained on such third-party web sites and we make no representation about the accuracy, legality or appropriateness of such third-party web sites.

We reserve the right to disable links from third-party web sites at any time without notice.

We cannot guarantee your satisfaction with any products or services that you purchase from a third-party site that links to or from the Site. We have not verified the accuracy or reliability of content contained in any of the information contained in such third-party web sites. We will not be responsible for, and cannot ensure the security of, any information you might give any third-party. Use of the Site irrevocably waives any claim against Strategic Energy, our parent companies and our affiliates with respect to such third-party sites or third-party content contained therein.

LIABILITY DISCLAIMER

You agree to use this Site at your own risk and you understand and acknowledge that this Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. We assume no liability for any errors or omissions in the content of the Site. We assume no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of this Site or downloading materials. You agree that your sole remedy for any damages, claims, costs or expenses arising out of your use of this Site is to discontinue use of this Site.

This Site and all materials and information contained herein are provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither Strategic Energy nor any other party involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, or punitive damages relating to your access to, or use of, or inability to use this site or its content, functions, or materials

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

CHOICE OF LAW

We created, operate, and maintain this Site from our offices in the Commonwealth of Pennsylvania. This Site may not be appropriate for use outside the United States. Access is prohibited where this Site's contents are considered illegal. The laws of the Commonwealth of Pennsylvania (without giving effect to conflict of law provisions) shall govern these Conditions. This is the complete agreement between you and Strategic Energy regarding your use of the Site. You agree that any cause of action arising out of your use of the Site must be commenced within one year after the claim or cause of action arises and that all disputes arising hereunder shall be decided by binding arbitration proceedings which shall take place in the Commonwealth of Pennsylvania, Allegheny County, and which shall be conducted in accordance with The Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the above, you agree to provide us with written notice at legal@strategicenergy.com of any claim or cause of action you allege regarding your use of this Site and to provide us with ten (10) days to respond to your notice prior to demanding arbitration. If a court of competent jurisdiction holds these terms and conditions or any part of them to be invalid, then that part shall be enforced to the maximum extent possible and the remainder of these terms and conditions will remain in full force and effect.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Strategic Energy and its affiliates and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Conditions, the Site and any product or service provided to you arising out of or relating to your use of the Site.

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Copyright © 2008 Strategic Energy, L.L.C. All rights reserved. | Help | Privacy Policy | Terms and Conditions | Wholesale Transactions Code of Conduct
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Two Gateway Center • Pittsburgh, PA 15222 • Phone: 800.830.5923 • Fax: 412.394.6677
Strategic Energy® and PowerPortfolio® are federally registered trademarks.
PowerAdvantage™ is a trademark of Strategic Energy, L.L.C.
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