Talen Energy Corporation’s Website Terms of Use

Welcome to Talen Energy Corporation’s web site talenenergy.com (the “Site”), owned and operated by Talen Energy Corporation (together with its subsidiaries, referred to in these Terms of Use as “Talen Energy,” “we,” “us” or “our”). These terms of use (the “Terms of Use”) contain the terms and conditions upon which you (also referred to as “User” or “user”) may access the valuable materials, information and services available through this Site.

BEFORE ACCESSING THIS SITE, PLEASE READ THE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF, AND ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH, THIS SITE.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. By accessing, viewing, or using the materials, information or services available on or through this Site, you indicate that you understand and intend the Terms of Use to be the legal equivalent of a signed written contract and that you accept and are legally bound by such Terms of Use.

Talen Energy reserves the right to change the Terms of Use under which this Site is offered to you. Any changes will appear in the Terms of Use at this space on this Site. If you continue to use this Site after Talen Energy changes the Terms of Use, you will be bound by the Terms of Use as revised. You agree that we will not be liable to you or to any third party for any such modification or any suspension or discontinuance of this Site or any materials, information or services available through this Site.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY TALEN ENERGY TO ACCESS OR OTHERWISE USE THIS SITE.

1. Grant of License. This Site and the materials, information and services available on or through this Site are provided by Talen Energy as a service to its Users. The Terms of Use provide you with a revocable, nonexclusive, non-transferable license to use this Site for your own personal, non-commercial use, conditioned on your continued compliance with and acceptance of the Terms of Use. Except as expressly permitted in the Terms of Use, you may not modify, copy, distribute in any manner or medium (including by email or other electronic means), transmit, reproduce, publish, license, transfer, sell, create derivative works, exploit, mirror, frame, link to or otherwise use any material or information obtained from this Site. As a further condition of your use of this Site, you warrant to Talen Energy that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. From time to time, however, you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

There are a few rules of conduct that you are required to follow when you use this Site:

  • Do not “harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site.
  • Do not use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • Do not obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • Do not “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • Do not circumvent or reverse engineer the Site or its systems.
  • Do not restrict or inhibit another User or Users from using and enjoying this Site.
  • If you post something to this Site, such as comments or other content, do not post anything that:
  • Infringes any third party intellectual property right (such as copyrights),
  • Is defamatory (i.e., something that is negative and untrue about another person or entity);
  • Divulges another person’s or entity’s confidential or private information or trade secret;
  • Is fraudulent, unlawful, threatening, harassing, abusive, obscene or discriminatory;
  • Encourages criminal conduct;
  • Advertises or solicits business for products or services other than those that are offered and promoted on this Site; or
  • Contains any virus, malware, spyware or other harmful content or code.

You also must comply with all applicable laws and contractual obligations when you use this Site.

2. Privacy. By using this Site and agreeing to these Terms of Use, you consent to Talen Energy’s collection, use and disclosure of your personal information consistent with Talen Energy’s Website Privacy Notice.

3. Intellectual Property Rights. We or our licensors or affiliates own the intellectual property rights in the content and any other materials, information and services displayed on this Site (“Content”). All Content contained on or available through this Site, unless otherwise expressly indicated, is protected by law including, but not limited to, United States patent, copyright, trademark, trade secret, and other intellectual property laws, as well as other state, national, and international laws and regulations. Except as expressly provided in the Terms of Use, Talen Energy does not grant any express or implied right(s) to you (or any other user) under any patent(s), copyright(s), trademark(s), trade secret or other intellectual property law. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Talen Energy actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The Content of and all materials, information and services distributed in conjunction with the Site are Copyright © Talen Energy Corporation and/or its affiliates or licensors. All rights reserved. Talen Energy also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s Content. Using the Site does not give you any ownership to our Content and you have no right or interest in our Content except the right to use our Content in the manner described herein.

Talen Energy; Talen; the Talen Energy Logo; certain parts of the preceding trademarks and names; and all other names, logos and icons identifying Talen Energy’s products and services are proprietary marks of Talen Energy and its affiliates, and any use in trade of such marks without the express written permission of Talen Energy is strictly prohibited. Other product and company names mentioned on this Site may be the marks of their respective owners.

If Talen Energy permits posting to this Site and you submit or post any materials or content to this Site, you grant us a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to this Site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

4. Responsibility for Public Postings and Content. Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, managers, officers, stockholders, members, partners, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate User postings or content, or to implement other enforcement measures against any User postings, content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress or regulate User postings or content, or to implement other enforcement measures against any User postings, content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate User postings, content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate User postings or content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any User postings, content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representatives or anyone else acting on our behalf would or would not restrict or redress any User postings, content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by a duly authorized officer of Talen Energy Corporation and dated and signed by the individual or entity to which the modification, waiver or release is granted.

5. Site Registration and Password Policy. Use of certain portions of this Site requires both log-in information and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

The log-in information is your e-mail address (“User I.D.”). During the registration process for this Site, you must choose a unique sign-on password (“Password”). Each User I.D. and corresponding Password can only be used by one individual or entity. All Passwords must be kept secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your Password, and agree to be responsible for all activity occurring when this Site is accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your Password or account information.

As a condition of use, you must immediately notify Talen Energy if you become aware of any loss or theft of your Password or any unauthorized use of your Password. Talen Energy reserves the right to reset any Passwords that may have been compromised.

6. Electronic Communication. The communications between you and Talen Energy via this Site use electronic means, whether you visit this Site or send us an e-mail, or whether we post notices on this Site or communicate with you via e-mail. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

7. Registration Participation Limitation. When registering with Talen Energy, you represent and warrant that: (a) you are 18 years old or older; (b) you are using your actual identity and any information you provide to Talen Energy is accurate and complete and (c) your registration with Talen Energy and use of this Site will not violate any local, state, national or international laws or regulations. These representations and warranties are in addition to, and not in lieu of, any representations, warranties, covenants or commitments included in any click-through agreement or other agreement made by you in connection with your registration and use of such portions of this Site.

8. Copyright Infringement Notices. If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to Talen Energy’s DMCA Copyright Agent by U.S. Mail to Talen Energy Corporation, 1780 Hughes Landing, Suite 800, The Woodlands, TX 77380, or by email to [email protected], Attn: General Counsel. Please include the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) identification of the allegedly infringing material and a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site. We have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights.

9. Links to Other Sites. This Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. These sites have not been reviewed by Talen Energy and are maintained by third parties over which Talen Energy exercises no control, and accordingly, Talen Energy expressly disclaims any responsibility for the content, the accuracy of the information, and the quality of any products or services provided by or advertised on these third-party Web sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site. In addition, certain third party sites may also provide links to this Site. No such links should be deemed to imply that Talen Energy endorses such third party sites or any content therein.

10. Events Beyond Talen Energy’s Control. Talen Energy will not be responsible for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.

11. DISCLAIMERS. THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON THE SITE ARE PROVIDED “AS IS” AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING EXPRESS, IMPLIED AND STATUTORY WARRANTIES THAT THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
  • THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR REPRESENTATIVES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

12. LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT SHALL TALEN ENERGY OR ANY OF OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF THIS SITE, OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE (INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TALEN ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE TOTAL LIABILITY OF TALEN ENERGY, OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO YOUR USE OF THIS SITE SHALL NOT EXCEED TOTAL AMOUNT PAID BY YOU TO TALEN ENERGY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

13. Indemnity. You agree to defend, indemnify and hold harmless Talen Energy and Our Representatives and their respective predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements made based on information obtained at the Site, your submissions to this Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive the Terms of Use and the termination of your use of this Site.

14. Changes to This Site. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

15. Contact Information. If you have questions regarding this Site or if you are interested in obtaining more information concerning Talen Energy’s products and services, please refer to the “Contact Us” section of this Site. Talen Energy welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material or any other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Talen Energy to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide or act on such content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.

16. Governing Law. These Terms of Use have been made in and will be construed and enforced in accordance with New York law. Any action to enforce these Terms of Use will be brought in the federal or state courts presiding in New York, NY, U.S., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Talen Energy from its offices within the United States. Talen Energy makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

17. Term and Termination. These Terms of Use will take effect at the time the User begins using this Site (thereby indicating acceptance of the Terms of Use). Talen Energy reserves the right at any time to deny you or any user access to this Site or any portion thereof, and to terminate the Terms of Use. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of this Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

18. Entire Agreement. These Terms of Use and Talen Energy’s Privacy Notice, which is incorporated herein by reference, represent the entire agreement between you and Talen Energy with respect to use of and material available on or through this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Talen Energy with respect to this Site.

19. Waiver. Failure to insist on strict performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance.

20. Admissibility. A printed version of the Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. Severability. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

22. User/Talen Energy. No joint venture, partnership, employment or agency relationship exists between you and Talen Energy as a result of these Terms of Use or your use of this Site.

23. Reservation of Rights. Any rights not expressly granted are reserved by Talen Energy.

24. CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Last Updated: July 31, 2019