NOTE: If you are a Consumers Energy customer trying to share data with a third party, your use of this service is covered by the Utility Data Sharing Authorization and Agreement.
This Third-Party Data Services Agreement (this "Agreement") is entered into by and between Consumers Energy and the entity identified as the company seeking to obtain utility account, billing and usage data ("Utility Data") for authorized Consumers Energy customers ("Service"). This Agreement is effective as of the day you check a box indicating your agreement with the terms of this Agreement (the "Effective Date").
If you don't agree to this Agreement, do not register or use the Service.
Consumers Energy uses the UtilityAPI, Inc. platform and services for third-party functionality. When you register to use this Service, an account will be created on UtilityAPI's system that you will use to manage your settings and access Utility Data that Consumers Energy customers have consented to share with you.
You acknowledge that using the Service enables Consumers Energy to send you personal information and data from its customers upon their request and you agree to only use such information and data consistent with the purpose that led to a particular customer's request. The Service is optional and you may revoke your participation at any time by using the "Revoke Access" action within the Service. You recognize, however, that any revocation of your participation will not end your obligations with respect to personal information and data you have received for Consumers Energy's customers.
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, 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 email@example.com or (510) 907-0009 or Consumers Energy c/o UtilityAPI, Attn: Consumers Energy Authorization Agreement, 1212 Broadway, 16th Floor, Oakland, CA 94612.