Account Holder Authorization and Agreement

NOTE: If you are a third party company that requests data from account holders, your use of this platform is covered by the Third-Party Data Services Agreement.

Last Updated: 3/12/24

1. Customer Consent to Disclosure of Energy Data - Texas

El Paso Electric Company (the “Utility”) provides a service that allows a customer (“Customer” or “you”) to share read-only access to your advanced meter data, including meter data used to calculate charges for service, historical and on-demand load data, and any other proprietary customer information ("Utility Data") with third parties expressly authorized by the Customer ("Authorized Parties"). This Account Holder Authorization and Agreement (this "Agreement") sets forth the terms and conditions pursuant to which the Utility provides this service (the "Service").

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK TO ACCEPT THIS AGREEMENT OR AUTHORIZE OR USE THE SERVICE. BY AUTHORIZING OR USING THE SERVICE, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.

By accepting this Agreement, including by authorizing or using the Service:

• Customer acknowledges and agrees to the terms and conditions of this Agreement and the Utility’s Privacy Policy, as well as the general website terms & conditions and legal notices applicable to your use of the Utility’s website (collectively, the "Terms").
• You represent and warrant that you are the customer of record of the applicable utility account and are fully authorized to give instructions and consents in connection with the account; or, if the account is held by an entity, you represent and warrant that you have the authority to bind that entity and that your acceptance of the Agreement is on behalf of that entity (and, in such case, the terms “you” and “your” herein shall be deemed to be references to such entity).
• You affirm that you are not a customer of Utility that receives electric service at transmission level voltage.
• You acknowledge that the purpose of the Service is to transmit your Utility Data to Authorized Parties, and you hereby authorize the Utility to make such disclosure under 16 TAC § 25.44. The Service is optional and you may revoke the authorization provided by the prior sentence at any time by using the "Revoke" function within the Service. You recognize, however, that once your Utility Data has been shared with an Authorized Party, the Utility will have no control over, and will not monitor, such Authorized Party’s management or use of your Utility Data. Similarly, revocation of such authorization will not result in any Authorized Parties returning or destroying your Utility Data. If you decide to share your Utility Data with any third parties, you do so entirely at your own risk.

The Utility reserves the right to update or modify the Terms at any time without prior notice to you. For this reason, we recommend that you review the Terms whenever you use the Service. If you do not agree to (or cannot comply with) any of the Terms, do not use the Service. The Utility may make changes to the Service at any time without notice.

References or hyper-text links in the Service to any sites, names, marks, products or services of any Authorized Party or other third party are provided solely as a convenience to you and do not in any way constitute or imply the Utility’s endorsement or recommendation of such other party or its products or services. The Utility does not provide any assurances regarding third-party products or services or the content or accuracy of any material on such third party sites.

This Agreement shall be governed by the laws of Texas, without regard to its conflicts of law principles.

THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. THE UTILITY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, RELIABILITY, SECURITY, ABSENCE OF VIRUSES OR ERRORS, OR NON-INFRINGEMENT. IN ADDITION, THE UTILITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE UTILITY DATA TRANSMITTED THROUGH THE SERVICE. ALL SUCH UTILITY DATA IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SERVICE AND THE UTILITY DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER THE UTILITY NOR ANY ITS SUBSIDIARIES, AFFILIATES, AGENTS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR FOR LOSS OF PROFITS OR OTHER ECONOMIC LOSS, AND REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE USE OR RELIANCE UPON UTILITY DATA OR OTHER INFORMATION CONTAINED IN OR ACCESSED FROM THE SERVICE, WHETHER OR NOT THE UTILITY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE UTILITY AND ITS SUBSIDIARIES, AFFILIATES, AGENTS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY BREACH BY YOU OF THE TERMS.

If you have any questions about this Agreement please contact us at customercare@epelectric.com.

By clicking "Authorize," you expressly agree to the terms of this Agreement and authorize this Service as a “customer-approved service” under 16 TAC § 25.44.

2. Customer Consent to Disclosure of Energy Data - New Mexico

El Paso Electric Company (the “Utility”) provides a service that allows a customer (“Customer” or “you”) to share read-only access to your advanced meter data, including meter data used to calculate charges for service, historical and on-demand load data, and any other proprietary customer information ("Utility Data") with third parties expressly authorized by the Customer ("Authorized Parties"). This Account Holder Authorization and Agreement (this "Agreement") sets forth the terms and conditions pursuant to which the Utility provides this service (the "Service").

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK TO ACCEPT THIS AGREEMENT OR AUTHORIZE OR USE THE SERVICE. BY AUTHORIZING OR USING THE SERVICE, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.

By accepting this Agreement, including by authorizing or using the Service:

• Customer acknowledges and agrees to the terms and conditions of this Agreement and the Utility’s Privacy Policy, as well as the general website terms & conditions and legal notices applicable to your use of the Utility’s website (collectively, the "Terms").
• You represent and warrant that you are the customer of record of the applicable utility account and are fully authorized to give instructions and consents in connection with the account; or, if the account is held by an entity, you represent and warrant that you have the authority to bind that entity and that your acceptance of the Agreement is on behalf of that entity (and, in such case, the terms “you” and “your” herein shall be deemed to be references to such entity).
• You affirm that you are not a customer of Utility that receives electric service at transmission level voltage.
• You acknowledge that the purpose of the Service is to transmit your Utility Data to Authorized Parties, and you hereby authorize the Utility to make such disclosure under NMSA 1978, § 61-8-11. The Service is optional and you may revoke the authorization provided by the prior sentence at any time by using the "Revoke" function within the Service. You recognize, however, that once your Utility Data has been shared with an Authorized Party, the Utility will have no control over, and will not monitor, such Authorized Party’s management or use of your Utility Data. Similarly, revocation of such authorization will not result in any Authorized Parties returning or destroying your Utility Data. If you decide to share your Utility Data with any third parties, you do so entirely at your own risk.

The Utility reserves the right to update or modify the Terms at any time without prior notice to you. For this reason, we recommend that you review the Terms whenever you use the Service. If you do not agree to (or cannot comply with) any of the Terms, do not use the Service. The Utility may make changes to the Service at any time without notice.

References or hyper-text links in the Service to any sites, names, marks, products or services of any Authorized Party or other third party are provided solely as a convenience to you and do not in any way constitute or imply the Utility’s endorsement or recommendation of such other party or its products or services. The Utility does not provide any assurances regarding third-party products or services or the content or accuracy of any material on such third party sites.

This Agreement shall be governed by the laws of New Mexico, without regard to its conflicts of law principles.

THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. THE UTILITY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, RELIABILITY, SECURITY, ABSENCE OF VIRUSES OR ERRORS, OR NON-INFRINGEMENT. IN ADDITION, THE UTILITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE UTILITY DATA TRANSMITTED THROUGH THE SERVICE. ALL SUCH UTILITY DATA IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SERVICE AND THE UTILITY DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER THE UTILITY NOR ANY ITS SUBSIDIARIES, AFFILIATES, AGENTS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR FOR LOSS OF PROFITS OR OTHER ECONOMIC LOSS, AND REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE USE OR RELIANCE UPON UTILITY DATA OR OTHER INFORMATION CONTAINED IN OR ACCESSED FROM THE SERVICE, WHETHER OR NOT THE UTILITY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE UTILITY AND ITS SUBSIDIARIES, AFFILIATES, AGENTS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY BREACH BY YOU OF THE TERMS.

If you have any questions about this Agreement please contact us at customercare@epelectric.com.

By clicking "Authorize," you expressly agree to the terms of this Agreement and authorize this Service under NMSA 1978, § 61-8-11.