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This website, located at www.smart-mart.com (the "Site") is provided by FirstEnergy Corp. and its affiliates (referred to herein individually and collectively as "Company," "we," "our," or "us") to the person accessing these Sites ("you," "your").

You Agree to These Terms by Using this Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using this site, you confirm that you are a customer of a FirstEnergy utility company (if buying a FirstEnergy utility product) and accept without limitation or qualification, these Terms of Use. The Company may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in writing signed by the Company.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site immediately.

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Privacy

We believe strongly in the protection of the privacy of our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

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Information on Our Site

All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The Company makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be used only in a lawful manner.

In the event that a product or service is mistakenly listed at an incorrect price or with incorrect specifications, we reserve the right to refuse or cancel any orders placed for products listed incorrectly, whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and we cancel your order, we shall issue a credit to your account in the amount of the incorrect price.

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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 a Company 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.

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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.

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Terms and Conditions for Products and Services

Products and services sold through this Site are subject to product-specific terms and conditions of sale, which describe your rights and obligations, and limitations for such product or service. The product-specific terms and conditions may be accessed in the product description for such product or service. Some products sold on the Site are fulfilled by third-party sellers or manufacturers. Please see the product-specific terms and conditions of sale for information on returns and shipping that are specific to the seller.

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Paying for Your Order

The product description and ordering information for each product and service offered through this Site, together with the product-specific terms and conditions, will describe the payment option(s) for that product or service. Certain products and services offered by utility company affiliates of FirstEnergy will be charged to you as an additional line item charge on your periodic utility bills during the term of your participation in the program. For other products and services, we will generally charge your credit or debit card for an item when we ship the item to you. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you preorder with a debit card, we will debit your card when you place the preorder. For special delivery items, we will charge your card when you confirm a delivery time.

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Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we have already charged you for, we will refund you the full amount of the canceled portion of the order.

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Returns and Refunds

In the event of any problem with the products or services that you have purchased from the Site, you may seek a return and refund for such product or services as provided in the product-specific terms and conditions for that product or service.

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Third-Party Links

In an attempt to provide increased value to our visitors, the Company may link to websites or electronic services sponsored or operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites or the content therein, all of which may have separate privacy and data collection practices or policies or separate conditions or terms of use, independent of the Company. If you visit a linked site, the separate practices, policies, conditions or terms of use of the linked site will apply, so you should read them before using the linked site or any related service and before disclosing any personal information. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, the Company makes no warranty of any kind with respect to linked sites and specifically disclaims any responsibility for such sites or services: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. The Company does not endorse and is not responsible or liable for the conduct of such sites’ operators or for the content, availability, products, services or other materials that may be offered at such sites. Nonetheless, the Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

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Trademarks

FirstEnergy trademarks on this Site, include without limitation: FirstEnergy®, Ohio Edison®, The Illuminating Company®, Toledo Edison®, Met-Ed®, Penelec®, Penn Power®, West Penn Power®, Jersey Central Power & Light®, Mon Power®, Potomac Edison®, and Smartmart™. 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.

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Copyright

Copyright © 2017, FirstEnergy Corp., and FirstEnergy Ventures Corp. ALL RIGHTS RESERVED.

All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is either the property of the Company 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 the Company and protected by U.S. and international copyright laws. All software used on this Site is the property of the Company, its affiliates, 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.

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Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others, and require that the people who use the Site do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please send the following information (or any statement of conformance with the DMCA) to us using the Contact Us Form.

  • 1. Your name, address, telephone number, and email address;
  • 2. A description of the copyrighted work that you claim has been infringed;
  • 3. A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
  • 4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
  • 6. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

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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, including New Jersey, do not permit limitations or exclusions on warranties in which case (or if you live in those states), the above limitations do not apply to you.

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Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet or mobile device account.

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Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FIRSTENERGY CORP. NOR ANY OF ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS 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, including New Jersey, do not permit limitations of liability or damages in which case (or if you live in those states), the above limitations do not apply to you.

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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.

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Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

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Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Ohio, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Ohio, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

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Termination of Use

You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.

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Assignment

The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

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Customer Service

Our customer service representatives are here to help you with any questions you might have about your Smartmart purchase. Simply call us at 1-866-828-1176 anytime day or night to speak with a representative regarding:

  • Shipping and status tracking
  • Scheduling claims and service
  • Payment history, previous services or claims, including remaining balance on your program
  • Changing the payment method on your program
  • Program Terms and Conditions
  • Product returns and program cancellations
  • Any additional questions or concerns

If you would prefer to contact us via email, simply use our convenient online Contact Us Form. Please note, the following activities will require a phone call: scheduling services and claims, product returns, program cancellations or changes to your account.

 

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