By using NRG's Online Account Management Service you are agreeing to the terms and conditions of this Agreement with Reliant Energy Northeast LLC ("NRG"). NRG's Online Account Management Service (the "Service") is provided in part with assistance from third parties. You agree we may share information with such parties and understand that they will be allowed to use information collected from you only as necessary to assist NRG in providing the Service according to the terms set forth herein.

 

 

The NRG Online Account Management Service consists of the following features:

 

    (i) An electronic portal for customer account information

    (ii) Other features and services NRG may elect to provide from time to time under this Agreement.

 

NRG reserves the right to modify or discontinue any or all features of the Service at any time without notice, or to offer specific features only to qualified customers. You may elect to use one or more of the features without using them all. Notwithstanding anything to the contrary, you are responsible for ensuring timely payment of all bills.

 

Use of the Service requires both log-in information and a password. During the registration process for the Service, you must choose a unique sign-on username (“Username”) and password (“Password”). Anyone with knowledge of both a User’s User I.D. and Password can gain access to the Service and the information that is available regarding your account. Accordingly, you must keep your Password secret. By agreeing to the terms and conditions of this Agreement, you agree to be solely responsible for the confidentiality and use of your Password, as well as for any communications entered using the Service..

 

As a condition of use, you must tell us at once if you believe your Password has been lost or stolen or that someone has accessed your account without your permission. You may contact us 24 hours a day:

 

Email: support@nrghomepower.com 

 

Phone: 1-844-460-0309

 

NRG reserves the right to reset any Passwords.

 

 

NRG may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Usage Agreement.

 

 

You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider to get online to access the Service.

 

 

Use of this Service is solely at your own risk. Although NRG has endeavored to create a secure and reliable Service, the confidentiality of any communication transmitted over the Internet cannot be guaranteed. Accordingly, NRG and its affiliates are not responsible for the security of any information transmitted via the Internet. Actual or attempted unauthorized use of this Service may result in criminal and/or civil prosecution. For your protection, NRG reserves the right to view, monitor and record activity on the Service without notice or permission from you.

 

Consistent with our Privacy Statement, NRG will store and protect this information in the same manner we store and protect other personally identifying customer information. We may disclose information to third parties about your account or the transfers you make as discussed in our Privacy Statement, including:

 

(i) Where it is necessary for completing transactions, or (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or (iii) To respond to information requests of governmental authorities or where required by law or regulation, or (iv) If you give us your written permission.

 

We also reserve the right to provide non-personally identifying information such as aggregate data to third parties. See our Privacy Statement for further details. Users of this service may review and correct personal information about them maintained by NRG by selecting the Settings link within the Service.

 

Users of this service may review and correct personal information about them maintained by NRG by selecting the Settings link within the Service.

 

Subject to liability imposed by applicable data security and other laws, NRG 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.

 

 

This Agreement, applicable fees, privacy practices and service charges may be altered or amended by NRG from time to time. In such event, NRG shall provide notice to you. Any use of the Service after the time specified in the notice will constitute your agreement to such change(s). Further, NRG may from time to time revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, NRG reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the more recent revisions and updates.

 

 

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR TIMELY PAYMENT OF ALL ELECTRIC SERVICE BILLS.

 

 

The terms and conditions set forth herein are in addition and are not by way of limitation to any Terms of Service or tariffs or other regulations governing the terms and conditions pursuant to which NRG provides you energy supply and related services or the terms and conditions pursuant to which NRG provides you use of the NRG website.

 

 

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice of law or conflict of law rules thereof.

 

 

In the event of a dispute regarding the service, you and NRG agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and NRG which supersedes any proposal or prior agreement, oral or written, and any other communications between you and NRG relating to the subject matter of this Agreement. If there is a conflict between what a representative of NRG or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

 

Class Action Waiver. EACH PARTY WAIVES THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.

 

 

You may not assign this Agreement to any other party. NRG may assign this Agreement or assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

 

 

NRG shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by NRG. No delay or omission on the part of NRG in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

 

 

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

 

 

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.

 

 

When registering for Online Account Management Service, you represent and warrant that: (i) you are 18 years old or older; (ii) you are using your actual identity and that any information you provide to NRG is accurate and complete; and (iii) your registration with NRG will not violate any local, state, national or international laws or regulations.

 

 

IN NO EVENT SHALL NRG ENERGY BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $2,500.00 OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.