GREEN BUTTON PROGRAM TERMS OF USE

Participation in San Francisco Public Utilities Commission’s (“SFPUC”) Green Button Connect (“GBC”) program is contingent on and subject to Requestor’s acceptance of the following “Terms of Use”:

1. SFPUC reserves the right to change, implement, modify, or remove restrictions and limits to these Terms of Use at any time. Updates to these Terms of Use will be posted on SFPUC’s website.
2. Through the GBC program, SFPUC provides its customers with the ability to consent to transfer of such customer’s energy usage data (“Data”) to third parties. Requestor shall not be eligible to receive Data without such customer’s prior written consent to such transfer.
3. SFPUC MAKES NO REPRESENTATIONS ABOUT THE DATA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY OR VALIDITY OF THE DATA. ALL DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SFPUC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SFPUC BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR QUALITY OF THE DATA.
4. The Data may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. SFPUC may make improvements and/or changes to the Data and/or the GBC program at any time.
5. As a condition of Requestor’s use of the Data, Requestor shall not use the Data for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Requestor may not use the Data or the GBC program in any manner that could damage, disable, overburden, or impair any SFPUC server, or the network(s) connected to any SFPUC server, or interfere with any other party's use and enjoyment of the Data. Requestor may not attempt to gain unauthorized access to any Data, other accounts, computer systems or networks connected to any SFPUC server or to any of the Data, through hacking, password mining or any other means.
6. SFPUC will make reasonable commercial efforts to provide limited technical support to Requestor during business hours as necessary to access the Data. However, SFPUC does not guarantee any level of service to Requestor, verbally or in writing, and will not be responsible for any losses or expenses associated with an interruption, lack of responsiveness, or performance lag in the GBC program services.
7. SFPUC reserves the right to terminate Requestor’s access to any or all of the Data at any time, without notice, for any reason. Any violation of any of these Terms of Use shall be grounds for immediate and permanent suspension of Requestor from the GBC program. SFPUC has no obligation to monitor Requestor’s use of the Data or its participation in the GBC program.
8. To the extent permitted by applicable law, requestor covenants and agrees to indemnify, defend and hold harmless SFPUC (including its officers and directors, employees and agents, as well as its divisions and subsidiaries and their officers, directors, employees and agents) from and against any and all claims, demands, penalties, suits, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including investigatory costs, reasonable attorneys’ fees, and any extra claims, obligations, payments and costs, however they may be described and arise, that SFPUC shall incur or suffer resulting from or arising out of: (a) the failure of Requestor to comply with all federal, state and local laws and regulations applicable to the Data or the use thereof; (b) any breach by Requestor of these Terms of Use; (c) unauthorized disclosure of the Data to any other third party or (d) any acts or omissions of Requestor with respect to Requestor’s use of the Data or participation in the GBC program.