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Utility Data Sharing Authorization and Agreement

NOTE: If you are a third party company that requests data from account holders, your use of this platform is covered by the Third-Party Data Services Agreement.

Consumers Energy provides a service, operated by UtilityAPI, Inc., that allows you to share your utility account, billing and usage data ("Utility Data") with third parties that you authorize ("Authorized Persons"). This Utility Data Sharing Authorization and Agreement (this "Agreement") sets forth the terms and conditions under which we provide this service (the "Service") through our website located at greenbutton.consumersenergy.com (the "Site").

If you don't agree to this Agreement, do not sign it and do not use the Service.

By clicking to accept or agree to this Agreement where that option is made available or by signing this Agreement (including via digital signature) and submitting your information to us, you certify that you have read and agree to be bound by the terms and conditions of this Agreement and by Consumers Energy's Privacy Policy. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, PLEASE DO NOT CLICK TO ACCEPT OR AGREE TO THESE TERMS OR ACCESS OR USE THE SERVICE.

To use the Service, you must be legally authorized to accept and be bound by the terms of this Agreement and be of a legal age to form a binding contract with Consumers Energy.

If you use the Service, you represent and warrant to Consumers Energy that you are the owner of the underlying account. If your use of the Service is on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Agreement will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

When you click "Authorize" for the Green Button Connect service (the "Service"), you unconditionally agree to the following terms and conditions, as well as, the general website terms & conditions, legal notices, and the privacy policy for www.consumersenergy.com, which are incorporated herein by reference (collectively, the "Terms"). Consumers Energy reserves the right to update or modify the Terms at any time without prior notice to you. For this reason, we recommend that you review the Terms whenever you use this Site. If you do not agree to (or cannot comply with) any of these Terms, do not use the Service.

You acknowledge that using the Service requires Consumers Energy to send your personal information and data to a third party and you consent to such disclosures. The Service is optional and you may revoke your consent at any time by using the "Revoke Access" action within the Service. You recognize, however, that once your personal information and data is shared with a third party at your request, Consumers Energy has no control over the third party's use of that information and data. Similarly, any revocation of your consent will not result in any third parties returning or destroying the information and data you shared.

References in the Service to any names, marks, products or services of third parties, or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Consumers Energy's endorsement, sponsorship or recommendation of the third party, its information, products or services. Consumers Energy is not responsible for the practices or policies of such third parties, nor the content of any third-party sites, and does not make any representations regarding third-party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third-party sites or share your information or data with any third parties, you do so entirely at your own risk. Consumers Energy may make changes to the content and the products, services and programs described in the Service at any time without notice.

These Terms shall be governed by the laws of the State of Michigan, without regard to its conflicts of law principles

You agree to defend, indemnify and hold harmless Consumers Energy and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Service or any breach by you of the Terms.

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND. CONSUMERS ENERGY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, RELATING TO THE SERVICE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE PERFORMANCE, SECURITY OR ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SERVICE. Some jurisdictions may not allow for exclusion of implied warranties so some of these exclusions may not apply to you.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CONSUMERS ENERGY OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA ARISING OUT OF USE OF OR CONNECTED WITH THE SERVICE OR THE USE OR RELIANCE UPON INFORMATION CONTAINED IN OR ACCESSED FROM THE SERVICE EVEN IF CONSUMERS ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

If you have any questions about this Agreement please contact us at support@consumersenergy.utilityapi.net or (510) 907-0009 or Consumers Energy c/o UtilityAPI, Attn: Consumers Energy Authorization Agreement, 1212 Broadway, 16th Floor, Oakland, CA 94612.

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