THIRD PARTY ACCESS AGREEMENT
Please read this Third Party Authorization Agreement (the “Agreement”) carefully. By authorizing a third party to access and use My Account (as defined below) on your behalf, you are agreeing to this Agreement.
This Agreement is between you and Consolidated Edison Company of New York, Inc. (“Con Edison” or “we” or “us”) concerning access to your Con Edison account through the MY ACCOUNT portal (“My Account”) by a third-party representative (“Representative”) on your behalf (such third-party access through My Account, and any related features or functionalities, the “Service”).
You hereby affirm that you are of legal age to enter into this Agreement.
If you are an individual acting on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual accepting this Agreement and to any such Organization.
- Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service or My Account. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service or My Account, including your continued authorization of the Representative, following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
- Customer Authorization. You hereby authorize Con Edison to provide each Representative with access to your Con Edison account and to all Customer Data (as defined below), and the ability to perform any Customer Action (as defined below) on your behalf. You are solely responsible for monitoring Representative, ensuring Representative acts within the scope of authority granted by you, and enforcing any limitations on Representative’s abilities that you may agree upon with Representative. You are solely responsible for your Con Edison account and all acts or omissions taken in connection with your Con Edison Account, whether by you or a Representative, and regardless of whether the Representative is acting within the scope of any agreement you may have. Con Edison is not a party to any agreement between you and any Representative, and is not responsible or liable for any acts or omissions of any Representative or your acts or omissions with respect to any Representative.
- Customer Data. “Customer Data” means any and all data and information of or concerning you or your Con Edison account that is accessible through My Account, which may include: name, telephone number and service address; billing information; electric energy usage, electric service (including service account number, service start date, electricity demand (e.g., kilowatts), credit history, rate schedule(s), meter read dates, interval usage or interval time-of-use indicators, or number or type of meters at a location). You acknowledge and agree that Representative will have access to any or all Customer Data through My Account, and that Con Edison is not responsible for any use or disclosure of or inability to access Customer Data by Representative or by any other third party to whom Representative has made available your Customer Data. If you do not want Representative to have access to Customer Data, do not authorize Representative to use My Account on your behalf.
- Customer Actions. “Customer Actions” means any and all actions relating to you or your Con Edison account that may be performed through My Account by a Representative, which may include: making payments; starting, stopping and transferring service; reporting an outage; submitting meter readings; enrolling in programs with energy service companies; managing account preferences, which may include notification settings; enrolling in assistance programs; entering new credit card or bank account information; and requesting payment agreements and extensions. You acknowledge and agree that Representative will have the ability to perform any or all Customer Actions through the Service, and that Con Edison is not responsible for Representative’s performance (or failure to perform, or errors in or manner of performing) any Customer Actions. Con Edison may (but has no obligation to) inform you of any Customer Actions taken by Representative. If you do not want Representative to have the ability to perform Customer Actions, do not authorize Representative to use My Account on your behalf.
- Revocation of Access. If you notify us that you wish to revoke the authorization granted under this Agreement, we will use commercially reasonable efforts to disable Representative’s ability to use My Account on your behalf within a reasonable time period. Please note that such revocation may not become effective immediately. You must notify us of any revocation by logging into My Account or by using any method on the “Contact Us” page. Please note that Con Edison is not responsible or liable for the use or disclosure of any Customer Data that Representative retains after any such revocation.
- Additional Terms. You acknowledge and agree that your use of My Account is also subject to any additional terms and conditions that Con Edison may make available in connection with My Account, and you hereby agree to be bound by any such additional terms and conditions.
- Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Con Edison to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Con Edison, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
- Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove any information or other material that you submit, before or after it appears on My Account, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone (including the Representative) for any reason or purpose.
- Con Edison’s Proprietary Rights. We and our suppliers own the Service and My Account, which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Service and My Account not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service or My Account should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
- Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Service, My Account and any Customer Data are made available on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Con Edison disclaims all warranties with respect to the Service, My Account and any Customer Data, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Con Edison and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
- Limitation of Liability. To the fullest extent permitted under applicable law: (a) Con Edison will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions) or the Service or My Account, even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Con Edison will not be liable for damages of any kind resulting from your or Representative’s use of or inability to use the Service or My Account, any Customer Actions taken by Representative using the Service, or from any Customer Data, including from any virus that may be transmitted in connection therewith, or for any acts or omissions of Representative, or for any delay in revoking the access of any Representative; (c) your sole and exclusive remedy for dissatisfaction with the Service, My Account or any Customer Data is to stop using the Service and My Account; and (d) the maximum aggregate liability of Con Edison for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (a) the total amount, if any, paid by you to Con Edison to use the Service; and (b) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Con Edison and the Affiliated Entities, and their respective successors and assigns.
- Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Con Edison and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to: (a) Representative’s access to and use of the Service and My Account, and any activities in connection with the Service and My Account, including any Customer Action that Representative may perform or fail to perform; (b) Representative’s access to and use of any Customer Data; (c) any agreement or dispute between you and Representative, including in connection with any authorization granted by you; and (d) any violation or alleged violation of this Agreement by you.
- Termination. This Agreement is effective until terminated. Con Edison may terminate or suspend your use of the Service or My Account at any time and without prior notice, for any or no reason, including if Con Edison believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service and My Account will immediately cease, and Con Edison may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3, 5–8 and 11–17 shall survive any expiration or termination of this Agreement.
- Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in New York County, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Con Edison. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any assignment, transfer or sublicense in violation of this Section shall be null and void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Con Edison relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Con Edison relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Con Edison will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Last Updated: July 18, 2019
Service © 2019 Consolidated Edison Company of New York, Inc. unless otherwise noted. All rights reserved.
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