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SUPPLIER SITE TERMS OF USE

DETROIT EDISON PROVIDES THIS ELECTRIC CHOICE SUPPLIER SITE (SUPPLIER SITE) AND SITE-RELATED SERVICES SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. Unless otherwise indicated or reasonably implied below, definitions as indicated by initial capital letters will have the meanings contained in the Retailer Agreement (for Retailers) or Marketer Agreement (for Marketers) found in the Supplier Handbook at this Supplier Site. The term Supplier means Retailer and/or Marketer. The term Service Agreement means Retailer Agreement, Marketer Agreement, and/or Transmission Service Agreement.

  1. Service Agreements. Prior to signing a Service Agreement with Detroit Edison, these Supplier Site Terms of Use apply. After a prospective Supplier signs a Service Agreement with Detroit Edison, if any of the provisions of the Service Agreement conflict with these Supplier Site Terms of Use, the provisions of the Service Agreement shall control.

  2. Copyright Information. All pages within this Supplier Site are the copyrighted property of The Detroit Edison Company unless other ownership is indicated. You may copy or download information from this Supplier Site but only for such use as is in compliance with these Supplier Site Terms of Use, or is necessary for processing your qualification as a Supplier in the Electric Choice Program, or is in compliance with the applicable Service Agreement; including information which, by its nature or context, is invited to be copied or downloaded in order to use Supplier Site related services. You may not copy, modify, re-use, distribute or transmit any information in this Supplier Site for public or commercial purposes other than qualification in, or performance of, Detroit Edison's Electric Choice Program unless you have the prior written permission of The Detroit Edison Company.

  3. Trademark Notice. DTE ENERGY and the names of all DTE Energy affiliated companies are trade names and/or service marks or trademarks of DTE Energy Company. DTE ENERGY and the "head/Corona" logo are trademarks or service marks of The Detroit Edison Company or its affiliated companies. All other trademarks, service marks and logos used in this Supplier Site are the trademarks, service marks or logos of their respective owners.

  4. Warranty Disclaimer. THIS SUPPLIER SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SUPPLIER SITE RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

  5. Risk Assumption. THE USER OF THIS SUPPLIER SITE ASSUMES TOTAL RESPONSIBILITY AND RISK OF USE OF THE SUPPLIER SITE AND SUPPLIER SITE RELATED SERVICES.

  6. Limitation of Liability. DETROIT EDISON, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SUPPLIER SITE, SUPPLIER SITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SUPPLIER SITE.

  7. Limitation of Remedy. YOUR SOLE REMEDY FOR PROBLEMS WITH THE SUPPLIER SITE AND/OR SUPPLIER SITE-RELATED SERVICES IS TO NOTIFY DETROIT EDISON OF ANY PROBLEMS WITH THE SUPPLIER SITE. DETROIT EDISON'S SOLE OBLIGATION WILL BE TO ATTEMPT TO CORRECT ANY PROBLEMS WITH THE SUPPLIER SITE. Prior to signing a Service Agreement you are invited to convey any issues relating to the use of the Supplier Site to Detroit Edison, but Detroit Edison does not guarantee that your issue will be addressed to your satisfaction. After signing a Service Agreement, you will have additional remedies.

  8. Accuracy of Site. Although Detroit Edison attempts to ensure the integrity and accuracy of the Supplier Site, Detroit Edison makes no guarantees whatsoever as to the correctness or accuracy of the Supplier Site. It is possible that the Supplier Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Supplier Site by third parties. In the event an inaccuracy arises, you agree to immediately inform Detroit Edison so that it can be corrected.

  9. Supplier Site Links. This Supplier Site may contain links to third-party web sites, which are not under the control of Detroit Edison. Detroit Edison makes no representations whatsoever about any other web site to which you may have access through this Supplier Site. When you access a non-Detroit Edison web site, you do so at your own risk and Detroit Edison is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those sites. Detroit Edison provides these links merely as a convenience and the inclusion of such links does not imply that Detroit Edison endorses or accepts any responsibility for the content or uses of such web sites.

  10. Third Party Software. Any third party software made available through this Supplier Site is the property of the third-party software provider. You will honor all copyright, trademark, and other intellectual property rights of any third-party software owner. Detroit Edison makes no warranties or representation as to any third-party software.

  11. Credit Checks. If a Supplier or potential Supplier explicitly or implicitly authorizes Detroit Edison to check the Supplier's or prospective Supplier's creditworthiness, the Supplier or prospective Supplier authorizes Detroit Edison to use any lawful credit review procedures available.

  12. Miscellaneous. These Supplier Site Terms of Use are governed by and construed in accordance with the laws of the State of Michigan, exclusive of its choice of laws rules. Each person who uses this Supplier Site agrees to submit to the exclusive jurisdiction of the state and federal courts sitting in Wayne County, Michigan and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Supplier Site Terms of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any of these provisions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Supplier Site Terms of Use shall otherwise remain in full force and effect.

  13. Modifications. Provided a modified Supplier Site Terms of Use is not in conflict with a Service Agreement, The Detroit Edison Company may modify these Supplier Site Terms of Use at any time by making the modification and posting the date of the latest modification on this page