Terms of Service

Welcome.

Welcome. Thank you for visiting GenOn.com. These Terms of Service (TOS) apply to your use of this website,.

Your use of the site is subject to these TOS. This website is solely for information purposes and, with the exception of these TOS and the Privacy Policy, is not intended to, and shall not, constitute any offer or acceptance with respect to any transactions or other matters. Please read the TOS carefully before you start to use this website. By using this website, you accept and agree to be bound and abide by these TOS and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this website.

We may modify or update the TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of this website thereafter. Your continued use of this website following the posting of revised TOS means that you accept and agree to the changes.

In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time. All such additional terms and conditions are hereby incorporated by reference into the TOS.

Throughout the TOS, "you" and "your" refer to any visitors to the site.

Privacy Policy

All information we collect on the site is subject to our Privacy Policy. For more information, please see our full Privacy Policy under the Legal Notices section of GenOn.com.

Usage

You may use this website only for lawful purposes and in accordance with the TOS. Any use of this website for any purpose contrary to applicable law or the TOS is strictly prohibited.

You are entitled to view, download, and copy any materials, including images, text, illustrations, documents, photographs, video clips and other materials that are made generally available on the site but only for your own internal business purposes or personal use. No right, title, or interest in any downloaded or copied materials is transferred to you as a result of such downloading or copying. Any sale, transmission or redistribution of this website or its content, and any copying, modification or other use of the site or the site’s content for any purposes other than your own internal business purposes or personal use, are strictly prohibited.

You are prohibited from using this website to interfere with, disrupt, damage, or gain unauthorized access, directly or indirectly, to GenOn’s computer systems or a third party's computer systems. You shall not interfere with another user's use or enjoyment of this website.

GenOn reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this TOS, including but not limited to terminating your access to the site, filing of criminal charges against you, or the initiating a civil action against you.

To the extent required to do so by law, GenOn will fully cooperate with any law enforcement authorities or court order requesting or directing GenOn to disclose information regarding users of the site.

Geographic Restrictions

We provide the site for use only by persons located in the United States. We make no claims that this website or its contents is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnity

You agree to defend, indemnify, hold harmless, and release GenOn, its affiliates, licensors and service providers from and against any and all claims, liabilities, expenses (including attorney's fees) and damages arising out of or relating to your use of the information or the site, including, without limitation, any claims that if the allegations were true would constitute a breach of this TOS.

Termination

You agree that GenOn, in its sole discretion, may terminate your access to or use of the one or more of the site, and remove and discard any content within the site, for any reason, including but not limited to any user name, password or other identifier. GenOn may also, in its sole discretion, and at any time discontinue providing any of the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GenOn may immediately deactivate or delete all related information and files. Further, you agree that GenOn shall not be liable to you or any third-party for any termination of your access to the site.

Links to Third-Party Sites

The site may provide, or third parties may provide, links to other websites or resources. Such websites are publicly available and GenOn is providing access to such websites through the site solely as a convenience to you. Because GenOn has no control over such sites and resources, you acknowledge and agree that GenOn is not responsible for your use of such websites. The fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by GenOn. GenOn does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Consequently, we cannot be responsible or liable for the accuracy, relevancy, copyright compliance, legality, or appropriateness of material contained in such websites.

GenOn'S Proprietary Rights

The site, its content, and any necessary software used in connection with the site are owned by GenOn, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws. Except as expressly authorized by GenOn or advertisers, you agree not to reproduce, modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the site, in whole or in part.

All graphics, logos, product and service names, designs and slogans are trademarks of GenOn or its affiliates or licensors. You must not use such marks without the prior written permission of GenOn.

Linking Policy

You may link to the site’s respective home provided you comply with the following terms and conditions:

• You must link to the home page only. Links to other pages on the site are prohibited. Permission to link to any web page other than the "home page" must be obtained from GenOn in advance.

• Links must be an active, text-based hyperlink. You many not use any of our logos.

• You may not create frames around the site’s respective homepages or use other techniques that alter the visual presentation or appears of the site.

• You will not imply that GenOn is endorsing you and/or any of the products or services that you provide. You will not misrepresent your relationship with GenOn or any of its affiliates or any of the products and/or services that GenOn or its affiliates provide.

• You acknowledge and agree that GenOn has no responsibility or liability for any content that appears on the website from which you link to the site.

• You agree to cooperate with GenOn in causing any unauthorized linking immediately to cease.

• We reserve the right to withdraw linking permission or change this Linking Policy without notice, so it is your responsibility to periodically review this page for any changes.

Disclaimer of Warranties

GenOn STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THE SITE. HOWEVER, GenOn MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THE SITES. GenOn ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITES. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GenOn EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;

GenOn MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GenOn OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GenOn SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GenOn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Notice

Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on the site.

General Information

The failure of GenOn to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the parties hereto mutually believe, any provision of this TOS, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this TOS will continue in full force and effect and will be construed as if the invalid or unenforceable provision or part thereof had been deleted.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

THIS TOS SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TOS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS OF TEXAS IN EACH CASE LOCATED IN THE CITY OF HOUSTON AND HARRIS COUNTY AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.