ARCADIA – METERGY TERMS AND CONDITIONS

The Services involve the use of Arcadia to retrieve utility bills and related information directly from the applicable local distribution company (“LDC”) on your behalf.

By using the Services, you expressly authorize Metergy and Arcadia to access, collect, and process utility bill and rate information associated with your accounts for the purposes of providing the Services.

You represent and warrant that you have the legal authority to provide such authorization for all accounts linked to the Services.

You are solely responsible for:
(a) ensuring that your account credentials and authorizations for utility data retrieval are accurate, valid, and up to date; and
(b) notifying Metergy promptly of any changes to your utility accounts that may affect data retrieval.

Data obtained from the LDC will be used solely for the purpose of providing billing and rate processing services to you and/or your end-users.

Metergy may share such data with Arcadia and other service providers engaged to support the Services.

Metergy does not guarantee the accuracy, completeness, timeliness, or availability of any data retrieved from the LDC or processed by Arcadia.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

METERGY MAKES NO WARRANTY AND DISCLAIMS ALL REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN FACT OR BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE OF THE SERVICES. THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL MEET THE CLIENT’S REQUIREMENTS.

In no event shall Metergy, or its officers, directors, employees or agents be liable to you or any other party for any direct, indirect, incidental, consequential, punitive or other special damages suffered by you or any third party arising out of or related to the Services contemplated by these Terms, including without limitation damages for lost profits, lost data, business interruption or goodwill, even if Metergy or any of its respective officers, directors, employees or agents has been advised of the possibility of such damages. Unless otherwise required by applicable law, in no event shall you bring a claim directly against Metergy, any of Metergy’s suppliers or any of their respective officers, directors, employees or agents directly in connection with the Services contemplated by these Terms.

You agree to release, indemnify and hold harmless Metergy and its officers, directors, employees, consultants, shareholders, contractors, agents, successors and assigns from and against any and all liability, damages, claims, proceedings, costs and expenses of any kind, including reasonable attorneys’ fees, resulting from your use of the Services, including any retrieval, processing, or reliance on data from an LDC.

Metergy may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including your breach of these Terms.

These Terms shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

These Terms constitute the entire agreement between you and Metergy regarding the Services.

These terms and conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Metergy reserves the right to amend these Terms from time to time by providing notice to you (including through electronic means).