My Energy Advisor – Terms and Conditions of Use
The following notices, disclaimers, terms and conditions (collectively “Terms“) govern your use of TVA’s platform, My Energy Advisor (“MEA”). If you do not agree with these Terms, do not use My Energy Advisor; your use of My Energy Advisor constitutes your agreement to follow and be bound by these Terms. You acknowledge that these Terms are supported by reasonable and valuable consideration, including your use of My Energy Advisor, receipt of data, and access to usage information. The Tennessee Valley Authority, through its EnergyRight® for Business and Industry Program (the “Program”) reserves the right to modify these Terms and the content of My Energy Advisor at any time, for any reason, without prior notice to you. For this reason, we recommend that you view these Terms whenever you use My Energy Advisor.
By using My Energy Advisor or any of the Program’s websites or applications, you represent, acknowledge and agree that:
- TVA and the Program maintain all ownership rights of the MEA platform.
- The information you provide is true and correct and that you agree that the Program may verify this information.
- You are (i) the local power company’s customer of record or an authorized agent of the customer of record or (ii) a facility owner or an authorized agent of the facility owner of one or more facilities in which customers reside or do business, and as such, you are authorized to request energy use data.
- My Energy Advisor is provided through a hyperlink to a website. When you access My Energy Advisor, you acknowledge that the website is independent from the Program.
- The data provided by the Program in My Energy Advisor is in raw format and unsuitable for billing of electric service. This data may be subject to change by Tennessee Valley Authority or local power companies for billing purposes. The Program assumes no responsibility for errors, omissions, or out-ofdate information. The Program specifically disclaims any duty to update this data.
- The Program has the right to access data contained in My Energy Advisor to perform analysis of customer energy consumption to promote and evaluate its energy programs.
- NEITHER TVA NOR THE PROGRAM MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE MATERIALS OR DATA CONTAINED ON MY ENERGY ADVISOR. ALL INFORMATION PRESENTED ON MY ENERGY ADVISOR IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TVA AND THE PROGRAM DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF MY ENERGY ADVISOR AND ANY RELIANCE ON ANY OF THE MATERIALS, INFORMATION, OR DATA IS AT YOUR SOLE RISK.
- The EnergyRight® name and logos and all other product and service names, marks and slogans are the property of TVA and the Program, and you are not authorized to use such logos, names, marks or slogans in any way or form.
- NEITHER TVA NOR THE PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR OTHER EXPENSES YOU MAY SUFFER AS A RESULT OF USING, COPYING, DISTRIBUTING, REFERENCING OR DOWNLOADING THE INFORMATION CONTAINED IN MY ENERGY ADVISOR OR OTHERWISE RESULTING FROM THE UNAVAILABILITY OF OR INABILITY TO USE THE INFORMATION IN MY ENERGY ADVISOR.
- You agree to defend, indemnify and hold TVA and the Program, including its officers, directors, employees, agents, affiliates and assignees, harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of MEA, or any breach by you of these Terms.
- You must create a username and password to access a portion of the information through My Energy Advisor. The Program will never intentionally disclose passwords to third parties. However, you are ultimately responsible for maintaining the privacy and security of your password, account number and email address.
- If you wish to correct, delete or edit your information or email address online, please log into your My Energy Advisor account and access your online profile for further assistance. You cannot change your username once it has been created.
- These Terms represent the complete agreement between TVA and you and supersede all prior agreements and representations between the parties relating to MEA.
- If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions of these Terms shall remain in full force and effect. Neither TVA nor the Program’s failure to act with respect to a breach of these Terms does not constitutes a waiver and shall not limit TVA or the Program’s rights with respect to such breach or any subsequent breaches.
- These terms and conditions shall be governed by and will be construed under Federal law. In the event Federal law does not provide a rule of decision for any particular dispute, the law of the State of Tennessee will apply; provided, however, in no event shall Tennessee’s choice of law provisions apply. Any action against TVA under or on account of these terms will be brought only in the United States District Court for the Eastern District of Tennessee, and the parties hereby irrevocably waive any right to trial by jury in any such action.
Your continued usage of MEA signifies your acceptance of these Terms