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ABS Terms And Conditions Content
06/22/2018 (Version 2.0)
General & Eligibility.
SCE's online Automated Benchmarking Service allows SCE to electronically upload your building's aggregated energy usage, as well as to view, create, access and modify such data in the Environmental Protection Agency (EPA) Portfolio Manager database.
To use this service, you understand that you must be the building owner or the authorized representative of the building owner of the buildings designated ("Buildings"), and you may be required to provide proof of Building ownership prior to accessing data. You represent that you are the owner, or authorized representative of the owner, of these Buildings.
As part of your use of the Automated Benchmarking Service, you will be asked to provide certain information to SCE. You agree to provide accurate and complete information.
By accepting these Terms and Conditions or otherwise using this service, you agree to the Terms and Conditions of this agreement ("Agreement") and you authorize SCE to release your building energy usage data through the EPA Portfolio Manager for the Buildings.
To use SCE's Automated Benchmarking Service, you must be properly enrolled in this service and be able to access and retain electronic documents over the Internet. To access data, you must sign up for EPA Portfolio Manager and have a SCE.com User ID. After you substantiate that you are eligible to receive data regarding the Buildings, and upon your request, SCE will upload to the EPA Portfolio Manager database the most recently available 24 calendar months of aggregated energy usage data for your Building(s).
After your initial data request is filled, SCE will automatically upload your meter data on EPA Portfolio Manager each calendar month for the next 36 months, unless you terminate your participation in the Automated Benchmarking Service program.
The monthly billing cycles for SCE accounts vary. Such variation may cause the energy usage for some Buildings to be unavailable for the most recent billing period(s).
You are required to notify SCE, within 30 days, of any ownership transfers, or substantial changes (such as new construction, remodeling and/or demolition) of the Buildings. If the Building ownership or Building management changes, you will be ineligible to continue receiving data for such Building. See ENERGY STAR Buildings FAQs for instructions about how to transfer "ownership" of your Building in the Portfolio Manager website. Once you have transferred ownership in the Portfolio Manager, the new Building owner may sign up for and use SCE's Automated Benchmarking Service.
SCE does not currently charge any fees for using Automated Benchmarking Service.
You may choose to cancel Automated Benchmarking Service at any time with no fee.
If you wish to discontinue using this service, you may cancel online by using the EPA Portfolio Manager, or by sending a cancellation notice to Benchmarking inbox.
Termination will be effective within ten (10) days of SCE's receipt of your request.
SCE reserves the right to discontinue Automated Benchmarking Service and/or suspend or terminate your access to this service, without notice, at any time and for any reason.
SCE will attempt to provide you with prior notice of discontinuance, suspension or termination of this service by sending notice, but SCE shall not be liable for any failure to do so.
The terms of this Agreement may be modified or amended by SCE from time to time. In such event, SCE will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on the Terms and Conditions for the Automated Benchmarking Service located on SCE.com.
Any use of Automated Benchmarking Service or the EPA Portfolio Manager (with respect to the covered Buildings in SCE's service territory) after SCE provides you with a notice of change will constitute your agreement to such change(s).
You may terminate this Agreement if you do not agree with any such amendments.
Access to EPA Portfolio Manager.
You will need a password to access the Portfolio Manager. Only the Building owner or its authorized representative may access the information we upload on Portfolio Manager. Therefore, you should keep your password confidential at all times, and you should not provide it to any party, other than your authorized representative. You are responsible for keeping your Password confidential and protecting it against improper and unauthorized use. You are solely responsible for any and all transactions, entries or instructions initiated using your password, and any and all claims, losses, damages, expenses and costs incurred by the improper or unauthorized use of your password and/or the use of your password by others.
This Agreement shall be governed by the law of the State of California without regard to its conflicts of laws provisions.
Disclaimer of Warranties.
SCE's Automated Benchmarking Service and any content, information, software, functions and applets provided on or through this service, including but not limited to data uploaded on the EPA Portfolio Manager website, are made available on an 'as is' and 'as available' basis.
SCE does not warrant that this service or any content or services provided in connection with this service will be timely, secure, uninterrupted, or error-free, or that defects in this service or in any content or services provided through this service, as may exist from time to time, will be corrected.
SCE will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation of or transmission of data through this service, any other services, or related content, including those due to communication line failures, or computer viruses associated with the operation of this service.
SCE Makes no express or implied warranties with respect to SCE's Automated Benchmarking Service or the EPA Portfolio Manager, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You expressly agree to use this service at your sole risk.
SCE makes every attempt to ensure the accuracy of the aggregated consumption date. However, due to certain unusual billing situations, there is a possibility that actual usage data may vary from aggregated usage data. SCE assumes no liability for any discrepancies between reported data and actual data.
Limitation of Liability.
You agree to release and hold harmless SCE from any liability, claims, demands, causes of action, damages or expenses resulting from any release of information or data to the EPA for the Automated Benchmarking Service pursuant to this authorization or the unauthorized use of this information or data by the EPA or other party.
SCE, its affiliates or subsidiaries, and their officers, directors, employees, agents, successors, or assigns, will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation, damages resulting from lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Automated Benchmarking Service.
In no event will the liability of SCE, its affiliates or subsidiaries, or their officers, directors, employees, agents, successors, or assigns, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages.
Use of Electronic Communication.
By accepting below or otherwise using Automated Benchmarking Service and the EPA Portfolio Manager, you also agree that any and all notices, disclosures and communications regarding this service between you and SCE, including this Agreement, may be made electronically, in accordance with applicable law.
Any electronic notice, disclosure or communication SCE makes will be considered made when transmitted by SCE.
Privacy of Information.
You acknowledge that SCE will receive certain personal, private and/or confidential information in connection with your use of Automated Benchmarking Service; and that absent your express authorization, SCE will not rent, sell or otherwise make available to any third party for any reason any of this information that personally identifies you or your SCE account, other than to provide Automated Benchmarking Service or to comply with applicable laws or regulations, including CPUC or court orders. Notwithstanding the foregoing, you understand that SCE may use your data received pursuant to the Automated Benchmarking Service for internal analysis and evaluation regarding, among other things, the effectiveness of its programs.
You understand that while SCE will exercise due care to protect confidential customer information, SCE is not responsible for the confidentiality of information entered into the EPA Portfolio Manager website or on SCE.com related to provision of the Automated Benchmarking Service. Moreover, you understand that pursuant to California Assembly Bill 802, energy usage data aggregated in accordance with the statute shall not be deemed customer utility usage information or confidential information by the SCE for purposes of delivery to the building owner, building owner's agent, or operator of a building. SCE shall not have any liability for any use or disclosure of aggregated energy usage data delivered as required by Public Resource Code (PRC) 25402.10. See PRC 25402.10(c)(2)(A)
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