DATA DISCLAIMER AND TERMS OF USE

Website owned and operated by Tangent Energy Solutions, Inc. Neither NRG Curtailment Solutions, Inc., nor its parent company, NRG Energy, Inc., is in any way affiliated with Tangent Energy Solutions, Inc., and makes no representations or warranties of any kind with respect to that company's products or services. All articles, images, logos and trademarks in this site are property of their respective owners.

NRG Curtailment Solutions, Inc. (“NRGCS”) makes meter data and additional data (hereinafter, “Data”) available without additional charge as a customer courtesy on the express condition that users who view, download, transfer or otherwise access or use the Data expressly agree to these Terms of Use. If you do not accept these terms, you may not view or otherwise use the Data for any purpose. These restrictions on use of the Data apply to you and to any transferee, vendee or other end user of yours (collectively, “users”). If you transfer to, or use the Data in connection with, any such end user in a format or context revealing NRGCS as the source of the Data, you agree to inform such user(s), by copy of these Terms of Use or otherwise, that NRGCS does not warrant the Data in any way and makes each of the disclaimers set forth herein. NRGCS does not maintain and is not responsible for the performance or reliability of this third party website. The vendor (Tangent Energy Solutions, Inc.) may change the functionality or temporarily suspend the site for maintenance without notice. Performance and reliability are solely the responsibility of the vendor.

BY ACCESSING THE WEB SITE, PRINTING OR DOWNLOADING MATERIALS FROM THIS SITE, OR OTHERWISE USING THIS SITE OR ANY RELATED WEB PAGES (COLLECTIVELY REFERRED TO AS “SITE”) IN ANY MANNER, YOU (“YOU”, “YOUR” OR “USER”) AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE THAT ARE POSTED ON THE SITE. THE SITE IS PROVIDED BY TANGENT ENERGY SOLUTIONS, INC. AND/OR ITS SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO AS “WE”, “US” OR “COMPANY”).

DATA WARRANTY

All NRGCS data is expressly provided AS IS. NRGCS makes no warranty of any kind, express or implied, concerning this information, including but not limited to any warranties of merchantability or fitness for any particular purpose. NRGCS assumes no responsibility or legal liability concerning the Data’s accuracy, reliability, completeness, timeliness, or usefulness. The Data is not intended to be used for purposes of calculating any program payments or settlements. Users should not act (or refrain from acting) based upon information in the Data without independently verifying the information. The Data may be collected from various sources, and may be modified over time without notice to improve accuracy. NRGCS disclaims responsibility for the accuracy and attribution of Data and makes no warranty concerning it.

LIABILITY DISCLAIMER

NRGCS disclaims any responsibility or legal liability to users for damages of any kind, including lost profits, lost savings or any other incidental or consequential damages relating to the providing of the Data or the use of it. NRGCS expressly disclaims any responsibility to defend or indemnify users against claims of others based on users’ copying, reliance, distribution, or other use of any of the Data. Users assume the risk of using this Data and shall have no remedy at law or equity against NRGCS in case the Data provided is inaccurate, incomplete or otherwise defective in any way.

TERMINATION OF DATA AVAILABILITY

NRGCS reserves the right to modify the Data in any way or discontinue providing any or all of the Data at any time without notice and is not liable for any modification, suspension, or discontinuation of access to the Data. Additionally NRGCS may require the termination of any and all display, distribution, or other use of any or all of the Data for any reason including, without limitation, the violation of any provision of these Terms of Use.

USE OF SITE AND ENERGY MONITORING SERVICES

This Site provides access to certain meter data that has been polled or otherwise received from meters you designated to Company.

YOUR RESPONSIBILITIES

You are responsible to maintain the privacy and security of your login information, including user names and passwords, and not allow others to use the login information. You will notify us of any breach in secrecy of your login information. You agree to immediately notify Company by e-mail to Tammi Poore (tpoore@tangentenergy.com)_of any potential breaches of secrecy of the login information and of the departure of any employee with access to the login information. You agree not to link, “frame” or “mirror” any content or information contained on or accessible from the Site without the prior written approval of the Company or its licensors, as may be appropriate.

USE OF THE SITE

You agree not to purposely use the Site for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that you will not:

  • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
  • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Site;
  • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
  • Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site;
  • Permit anyone other than Your authorized users to gain access to or use the Site, or logins and passwords of You;
  • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
  • Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

You agree to:

  • Comply with all notices, instructions and rules posted on the Site; and
  • Implement all Internet access and all security procedures required to use the Site at the sole expense of CP.

THIRD PARTY CONTENT AND LINKS

From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.

INDEMNITY

You agrees to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.

LIMITATIONS

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES INCURRED BY YOU.

DISCLAIMERS

THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MISCELLANEOUS

The Company may amend, modify or otherwise change these Terms of Use by posting such modifications on the Site. In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute consent to any prior or subsequent breach. The laws of the Commonwealth of Pennsylvania, United States of America will govern these Terms of Use.