Your privacy is important to us:
Therefore, we guarantee that:
We do not rent or sell your personal information to anyone.
Any personal information you provide will be secured by us.
You will be able to erase all the data we have stored on you at any given time. To request data termination, please contact our customer support.
Mutual Non Discloser Policy
THIS AGREEMENT governs the disclosure of information by and between, General Account Agent Organization and the Member as of today (the "Effective Date").
1. Definition of Confidential Information. As used herein, "Confidential Information" shall mean any and all technical and non-technical information related to regulatory compliance, measurement, metering, and/or associated cost of utility usage or consumption from the Member Utility through General Account Agent Organization to the Member, including but not limited to any:
2. Identification of Confidential Information. If the Confidential Information is embodied in tangible material (including without limitation, software, hardware, drawings, graphs, charts, disks, tapes, prototypes and samples), it shall be labeled as "Confidential" or bear a similar legend. If the Confidential Information is disclosed orally or visually, it shall be identified as such at the time of disclosure.
3. Handling of Confidential Information. Each party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose other than validation and verification of regulatory compliance, measurement, metering, and/or associated cost of utility usage or consumption from the Member Utility through General Account Agent Organization to the Member, or other party to this Agreement. Each party shall only permit access to Confidential Information of the other party to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
4. Terms and Termination. This Agreement shall terminate three (3) year(s) after the Effective Date. The Recipient's obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the Recipient's heirs, successors and assigns indefinitely. Upon termination or expiration of the Agreement, or upon written request of the other party, each party shall promptly return to the other all documents and other tangible materials representing the other's Confidential Information and all copies thereof.
5. Warranties. Each party represents and warrants to the other party that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes its legally binding obligation, enforceable in accordance with its terms, and (iii) its execution and performance under this Agreement, including its disclosure of Confidential Information to the Recipient, will not result in a breach of any obligation to any third party or infringe or otherwise violate any third party’s rights.
6. No Export. Neither party shall export, directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval.
7. No Reverse Engineering. Each of the parties agrees that the software programs of the other party contain valuable confidential information and each party agrees it will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information of the other party without the prior written consent of the other party.
8. No Grant of Rights. The parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither party shall make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information of the other party.
9. Equitable Remedies. Recipient acknowledges that Recipient’s breach of this Agreement may cause irreparable harm to Discloser for which Discloser is entitled to seek injunctive or other equitable relief as well as monetary damages.
10. Miscellaneous. Neither party shall transfer or assign this Agreement to any other person or entity, whether by operation of law or otherwise, without the prior written consent of the other. Any such attempted assignment shall be void and of no effect. This Agreement shall be governed by, enforced under, construed and interpreted in accordance with, the laws of The State of Illinois without reference to any conflict of laws or principles. Each party agrees consent to venue and personal jurisdiction in Sangamon County, City of Springfield, State of Illinois. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such un-enforceable or invalid provision within the limits of applicable law. Neither party will assign or transfer any rights or obligations under this Agreement, including by operation of law, without the prior written consent of the other party. The Agreement is the complete and exclusive agreement regarding the disclosure of Confidential Information between the parties, and replaces any prior oral or written communications between the parties regarding Confidential Information.
11. Designation of General Account Agent. As provided for in the tariffs of the Member Utility (ComEd), Customer hereby designates the following third-party General Account Agent Organization (GAAO) to act as Customer’s General Account Agent for all purposes in arranging and managing tariffed services provided by the Member Utility in regard to the Account number(s) input on the Create Account form. The Member Utility may rely and act on any and all representations and requests made by General Account Agent on behalf of Customer as if made by Customer directly, except that General Account Agent shall not have authority to request that the Memeber Utility release prior credit history or disconnect service. Customer acknowledges that General Account Agent is an agent of Customer, not of the Memeber Utility. Customer acknowledges that the Memeber Utility will send all bills and notices, including notices prior to disconnection, to General Account Agent 420 North First Street Springfield Illinois 62702. Customer may or may not receive such notices directly from the Memeber Utility in the future. the Memeber Utility is not a party to, and shall not be bound by, the agreement(s) between Customer and General Account Agent. The use of a General Account Agent does not amend, modify, or alter the Memeber Utility tariffs or any contracts between the Memeber Utility and Customer. General Account Agent has no authority to enter into any agreement on behalf of the Memeber Utility or to amend, modify, or alter any of the Memeber Utility’s tariffs, contracts, or procedures, or to bind the Memeber Utility by making any promises, representations, or omissions. This Designation of General Account Agent shall be valid until Customer or General Account Agent provides the Memeber Utility with written notice of its termination or until this Designation is otherwise terminated in accordance with the Memeber Utility tariffs. The designation or use of a General Account Agent does not affect Customer’s responsibilities to timely pay the Memeber Utility all amounts due and perform and satisfy all other obligations applicable to Customer. Customer shall remain liable to timely pay the Memeber Utility for all balances due for services rendered by the Memeber Utility and all other balances owed the Memeber Utility, even if General Account Agent fails to remit to the Memeber Utility amounts paid by Customer to General Account Agent for remittance to the Memeber Utility. Customer shall be responsible to protect its interests with General Account Agent. The appointment of General Account Agent shall not give Customer or General Account Agent any additional rights beyond those Customer would have under the Memeber Utility tariffs and any agreements between the Memeber Utility and Customer. the Memeber Utility shall not be required to perform services for General Account Agent as agent of Customer that the Memeber Utility does not perform for Customer. the Memeber Utility will begin processing this Designation of General Account Agent form on the Requested the Memeber Utility Processing Date. This may take one to 10 business days.