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Portfolio Manager Terms and Conditions

​The U.S. Environmental Protection Agency (“EPA”) has developed a building energy performance benchmarking tool known as Portfolio Manager.  This tool has been adapted by Natural Resources Canada (“NRCan”) for use by Canadian customers.  FortisBC Energy Inc. (“FortisBC”) is facilitating access to Portfolio Manager for its commercial customers by offering automated uploads of consumption data to Portfolio Manager (“Automated Uploading”) for those customers who request it, in accordance with these Terms and Conditions.  For the purposes of these Terms and Conditions, “Customer” means the person or organization that is legally responsible for the applicable FortisBC account.

IMPORTANT:  Before clicking “Send Connection Request”, you must carefully read and agree to all of these terms below and confirm your agreement by checking “I agree to FortisBC’s Terms of Use”.  If you do not agree to, or are unclear on, any of these terms, click “Cancel” to exit.

Eligibility

  1. To be eligible for Automated Uploading,  the Customer must:
    1. be a FortisBC account holder in good standing; and
    2. receive natural gas from FortisBC under any rate class except rate 1. 
  2. By agreeing to these Terms and Conditions and submitting a request for Automated Uploading, you represent and warrant that you are an authorized representative of the Customer, and have the authority to bind the Customer to these Terms and Conditions.

Authorization and Consent

  1. By agreeing to these Terms and Conditions and submitting a request for Automated Uploading, Customer requests, consents and authorizes FortisBC to automatically release Customer’s energy consumption data from Customer’s FortisBC account to NRCan/EPA via the Portfolio Manager web service.  The data to be released will be:
    1. historical energy consumption data for Customer’s FortisBC account for the three (3) year period prior to Customer’s submission of this Automated Uploading request, or from the time of creation of Customer’s FortisBC account, whichever is shorter; and
    2. future energy consumption data for Customer’s FortisBC account from the date of Customer’s submission of this Automated Uploading request until:
      1. termination of Customer’s FortisBC account; or
      2. termination of the Automated Uploading service by Customer or FortisBC, in accordance with these Terms and Conditions.
        Historical data will be released upon receipt of this request via a one-time upload.  Future data will be released on a monthly basis after each FortisBC billing period.
  2. By agreeing to these Terms and Conditions and submitting a request for Automated Uploading, Customer authorizes FortisBC to have free, full, unrestricted and perpetual access to the information and data in Customer’s Portfolio Manager account, and Customer acknowledges and agrees that FortisBC may use this information and data for the purpose of developing FortisBC energy-efficiency programs and assisting the Customer to improve the energy efficiency of their facilities associated with the Customer’s Portfolio Manager account.

General Terms and Conditions

  1. Customer acknowledges and agrees that Portfolio Manager is not owned, operated, or controlled by FortisBC.  Once data is released by FortisBC, FortisBC will have no control whatsoever over where Customer’s data will be stored or how the data will be handled, used, and/or further distributed.  Portfolio Manager data is currently stored outside of Canada by the EPA, under the control of NRCan.  Customer is solely responsible for reviewing the terms of use for the Portfolio Manager service and website, as well as all applicable security and privacy policies FortisBC assumes no responsibility or liability whatsoever for the operation of the Portfolio Manager service or website, or Customer’s use thereof.
  2. All data released by FortisBC via the Automated Uploading service is provided on an “as is” and “as available” basis without any warranty of any kind.  FortisBC makes no representation or warranty, express or implied, with respect to the Automated Uploading service, including, without limitation, any warranties as to accuracy, reliability, security, completeness, or fitness for a particular purpose.  FortisBC will not be responsible for errors, omissions, interruptions, or delays in the operation of or transmission of data through the Automated Uploading service.  FortisBC does not retract, erase, or modify, any data after release to the Portfolio Manager web service, and will not re-release any data to Portfolio Manager.  Customer acknowledges that use of Portfolio Manager and the Automated Uploading service is at the Customer’s sole risk.
  3. Customer is responsible for verifying the accuracy and completeness or any data contained on the Portfolio Manager website.  If there is any discrepancy between data contained in FortisBC’s records and that contained on the Portfolio Manager website, the records kept by FortisBC shall govern.
  4. Customer releases FortisBC, its affiliates, and ours and their respective directors, officers, agents and employees from all past, present and future suits, proceedings, actions, liability, damages, claims, demands, expenses and costs suffered by the Customer arising from or occurring by reason of the Customer’s use of the Automated Uploading service, FortisBC’s release of Customer’s information or data to NRCan/EPA in accordance with these Terms and Conditions,  any access or use of Customer’s information or data by FortisBC in accordance with these Terms and Conditions, or the Customer’s use of Portfolio Manager.
  5. Customer will indemnify FortisBC, its affiliates, and our and their respective shareholders, directors, officers, employees and agents and each of them (collectively, “Indemnitees”) against any and all suits, proceedings, investigations, assessments, liabilities, losses, claims, demands, actions, damages, costs, charges, expenses and fees when and as incurred (including, without limitation, reasonable investigative and legal expenses and fees for the investigation and defence of a matter), losses, fines or penalties, of any nature or kind whatsoever by or on behalf of any person, entity, government, or other body anywhere in the world, directly or indirectly arising out of, or in any manner whatsoever associated or connected with the Customer’s use of the Automated Uploading service, FortisBC’s release of Customer’s information or data to NRCan/EPA in accordance with these Terms and Conditions,  any access or use of Customer’s information or data by FortisBC in accordance with these Terms and Conditions, or the Customer’s use of Portfolio Manager, regardless of any actual or alleged negligence or other fault, or contributory negligence, on the part of any Indemnitees.
  6. In no event shall FortisBC or any of its directors, officers, agents or employees be liable to the Customer for any general, special, direct, indirect, incidental, exemplary, punitive or consequential damages or loss of goodwill whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise, in any way arising from or relating to these Terms and Conditions or the Automated Uploading service, even if FortisBC has been notified of the possibility or likelihood of such damages occurring.
  7. By agreeing to these Terms and Conditions and submitting a request for Automated Uploading, Customer acknowledges that FortisBC collects and uses the information and data in Customer’s Portfolio Manager account for the purpose of developing FortisBC energy-efficiency programs and assisting the Customer to improve the energy efficiency of their facilities associated with the Customer’s Portfolio Manager account.  The information and data in Customer’s Portfolio Manager account may include personal and/or confidential information.  FortisBC will not disclose this information and data to any third party without Customer’s prior written consent.
  8. FortisBC may, at its sole discretion, terminate Customer’s Automated Uploading service at any time, with or without notice. 
  9. Customer may terminate its use of the Automated Uploading service at any time by terminating its connection with FortisBC on the Portfolio Manager web site.  
  10. FortisBC may amend, modify, or terminate the Automated Uploading service and/or these Terms and Conditions at any time, without notice.  FortisBC reserves the right to charge fees for the Automated Uploading service.  Customer will be provided with no less than 90 days prior written notice, if fees are implemented for the Automated Uploading service.
  11. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia, and Customer agrees to attorn to the jurisdiction of the courts of British Columbia.