Peak Notification Program Terms
This Peak Notification Service Agreement, as established by a commercial, industrial, or governmental client (“Client”) filling out their information below, clicking on the “I ACCEPT” button on behalf of their organization, and/or by using the Service (as defined herein), by and between Patriot Energy Group, Inc. (“Patriot”) and Client, (each a “Party”; collectively, the “Parties”) for the purpose of providing a service intended to notify the Client of potential peak electricity demand days and times via electronic mail (the “Service”).
BY CLICKING I ACCEPT, I WARRANT THAT I AM AN AUTHORIZED REPRESENTATIVE OF THE CLIENT IN ORDER TO BIND THE CLIENT TO THE AGREEMENT AND THAT CLIENT IS NOT USING THE SERVICE IN AN INDIVIDUAL OR RESIDENTIAL CAPACITY
- The Service: Relationship of the Parties: Patriot is acting as an independent contractor, providing Client with its energy efficiency and management services. With respect to this Agreement and the Service, Patriot is not acting as Client’s agent or representative. Notification Service. Patriot may monitor energy markets and make commercially reasonable efforts to issue, when appropriate, electronic messages (“Notifications”) to the Client regarding the potential for peak electricity demand events (“Events”) in the Client’s electricity market. Events will occur when it is believed that electricity demand in locations relevant to Client’s location (as selected by Client below) reaches a peak level for the period in which it occurs. Patriot does not warrant or guarantee that all such events will result in energy or demand savings, nor does Patriot warrant or guarantee that Patriot will predict any for peak usage or savings. Term and Termination: Patriot and Client agree that the Term of the Agreement commences when executed by both Patriot and Client. The Service may be terminated by Client by email notification to Patriot at email@example.com or such email address as Patriot may designate on the Notification(s). Patriot may terminate this Agreement upon 30 days’ written notice, at any time, for any reason without any penalty or further obligation.
- Warranties: PATRIOT DOES NOT WARRANT OR GUARANTEE THAT ANY PREDICTIONS, WHICH ARE BASED ON HISTORICAL, METEOROLOGICAL, ISO/RTO OUTPUT, AND OTHER FACTORS WILL YIELD ANY BILL CREDITS, SAVINGS, INSTALLED CAPACITY DECREASES OR OTHER SPECIFIC RESULTS FOR THE CLIENT. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND PATRIOT EXPRESSLY DISCLAIMS AND CLIENT EXPRESSLY WAIVES ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. PATRIOT SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. THIS SECTION STATES PATRIOT’S TOTAL LIABILITY AND CLIENT’S SOLE REMEDIES FOR ANY DEFECTIVE PRODUCT PROVIDED BY PATRIOT HEREUNDER.
- Limitation of Liability/Indemnification: Limitation of Liability: Given the free nature of the service, Client waives any and all liability for any and all claims of any kind arising from or relating to this Agreement and/or the Service. BOTH PARTIES SPECIFICALLY AND KNOWINGLY WAIVE ALL MULTIPLE, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, SPECIAL, AND ANY OTHER FORM OF DAMAGES, REGARDLESS OF THEORY. Client shall also release from liability, indemnify, defend, and hold harmless Patriot, its agents, subcontractors, and vendors against any claims or losses as a result of actions or lack thereof by Patriot, its agents, subcontractors, an under this Agreement, except for the willful misconduct or gross negligence of Patriot. Indemnification: Client shall, indemnify, defend and hold harmless Patriot, its parents, subsidiaries, affiliates, officers, directors, trustees, employees, subcontractors, successors, assigns, and agents (collectively, “PEG”) from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) imposed upon or incurred by or asserted against PEG resulting from, arising out of or relating to any act or omission in the performance under this Agreement by PEG. The obligations of the Client under this Section shall survive any expiration, termination, or assignment of this Agreement.
- Miscellaneous: This Agreement will be governed by, subject to the jurisdiction of, and construed in accordance with the laws and courts (if necessary) of the Commonwealth of Massachusetts without respect to conflict of laws provisions. This Agreement contains the entire understanding among the Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.
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