Property Manager Online Services Terms and Conditions

Please read the terms of this agreement. By participating in Baltimore Gas and Electric Company's Property Manager Online Services you agree to the terms and conditions stated below.

Welcome to Baltimore Gas and Electric Company's Property Manager Online Services. We are glad you have decided to join our Property Manager Service; please take a moment to review the Terms and Conditions presented below. This document forms the agreement between you and Baltimore Gas and Electric Company ("BGE"). It is important that you understand both the benefits we provide as well as the limitations on what is provided.

Please note that the terms and conditions for use of the Property Manager Online Services are in addition to the terms and conditions of the Automatic Change Name (ACN) Agreement that you have also executed.To the extent that there is a conflict between the terms and conditions of the ACN Agreement and the terms and conditions of the Property Manager Online Services, the terms and conditions of the Property Manager Online Services will control.

1. Acceptance of Terms:
These Terms and Conditions may be modified from time to time without notice. Your continued use of the Property Manager Online Services thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. If you do not agree to the changes, you agree to discontinue your use of the Property Manager Online Services.

2. Services:
BGE provides landlords and property owners/managers with an ACN Program. Under the ACN Program, when a tenant requests BGE to stop service at a property on the ACN Program, BGE will automatically transfer the service into the landlords and/or property owner/manager's name. BGE will also notify the landlord and/or property owner/manager of the transfer by mail. Properties not included in the ACN Program will have the meters turned off when a tenant calls to discontinue service, unless another tenant or property owner contacts BGE to begin service at the property. Note: Property Manager Online Services enables landlords and property owners/managers to manage their properties on line instead of through written notifications by mail when tenants contact BGE to discontinue service in their name. See C. Notifications of Tenant Transfers.

A. Property Manager Online Services Provided "As-Is"
We hope your experience with our Property Manager Online Services is a productive one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or personalization settings, or other service interruptions. For this reason, you agree that the Property Manager Online Services are provided "As-Is", without warranties of any kind. We do not assume responsibility for timeliness, errors or inaccuracies, deletion, missed delivery, or failure to store any user data, communications or personalized settings.

B. Property Manager Online Services Changes and Discontinuation
BGE reserves the right to change or discontinue, temporarily or permanently, the Property Manager Online Services at any time without notice. You agree that BGE will not be liable to you or any third party for modification or discontinuance of the Property Manager Online Services, or any resulting damages of any kind.

C. Notification of Tenant Transfers
Under your ACN Agreement, BGE provides the landlord and/or property owner/manager written notice through the mail that a tenant has requested that BGE take service out of its name and that service for property has been transferred into the name of the landlord and/or property owner/manager. By enrolling in Property Manager Online Services, YOU AGREE THAT YOU WILL NO LONGER RECEIVE WRITTEN NOTIFICATION OF SUCH TRANSFERS THROUGH THE MAIL. You will be able to view the status of your properties online anytime at your convenience.

D. Errors And Questions
In case of errors or questions about your transactions, you should notify us as soon as possible via one of the following:
Email us at MyBizRep@bge.com
Telephone us at: 410.265.4100 or 1.800.265.6177
Write us at:
BGE
PO Box 1475
Baltimore, MD 21203

E. Disclosure to Third Parties
BGE does not disclose account information to third parties, except as required or permitted by law. BGE will not provide names of BGE customers via Property Manager Online Services. Accounts in tenants' name will be shown as "BGE Customer"."Property Manager" will be shown for accounts in the landlord and/or property owner/manager's name.

F. Failed Transactions
If you are unable to complete your transaction for any reason, you should contact MyBizRep@bge.com or contact BGE's Contact Center at 410.265.4100 or 1.800.265.6177.

G. No Waiver
BGE shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by BGE. No delay or omission on the part of BGE in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

H. Privacy, Terms of Use, and Linking Policies
BGE respects your privacy. The information you provide enables us to provide the Property Manager Online Services to you. It also enables us to give you updates about our Property Manager Online Services. The complete Privacy Policy, Terms of Use, and Linking Policy are incorporated and made a part of this agreement; please take the time to read them. They are available at www.bge.com.

I. Cancellation
You may cancel your enrollment in our Property Manager Online Services at any time by contacting BGE's Contact Center at 410.265.4100 or 1.800.265.6177. We may cancel your enrollment in our Property Manager Online Services at any time for any reason by notifying you.

3. Conditions for Use
For the benefit and security of our users, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road". Any conduct that violates these usage conditions will automatically terminate your enrollment. For this reason, you must abide by and therefore carefully read and follow these usage conditions.

A. Provide Accurate Information
You agree to provide:
True, accurate, current and complete information about yourself as requested in our registration form and account setup forms.
You agree not to misrepresent your identity.
You agree to keep your registration and email address up to date and accurate.

B. Execute Automatic Name Change Agreement
Prior to participating in BGE's Property Manager Online Services, the landlord or property manager/owner must fully execute an ACN Agreement and be accepted by BGE into its ACN Program.

C. Responsibilities of Principal Administrator
For each Property Manager ID number (PMID #), a maximum of two individuals shall be designated as Principal Property Managers. The individual(s) identifying himself as the Principal Property Manager represents and warrants that he or she is legally authorized to act on behalf of the landlord or property manager/owner and to carry out the responsibilities of the Principal Property Manager in these Terms and Conditions of the Property Manager Online Services. It is the responsibility of the Principal Property Manager to identify those properties (by ACN agreement #) that each Associate is authorized to view and maintain. It is also the responsibility of the Principal Property Manager to delete an Associate's access to those properties that an Associate is no longer authorized to view or maintain.

D. "Stop or Start Service" Service Orders
Each Principal Property Manager and/or Associate represents and warrants that he or she is legally authorized to enter a "Stop" or "Start" service order request through Property Manager Online Services on behalf of a tenant. Any Principal Property Manager and/or Associate entering a "Stop or Start Service" service order request through Property Manager Online Services on behalf of a tenant agrees to provide the tenant with a copy of the information entered through Property Manager Online Services.
You will be able to make changes to your "stop or start" service order request as long as it is in the submitted status.That is, the stop/start service order request has not been processed by BGE.Any changes or cancellations needed to a "stop or start" service order request in any other status must be made by contacting BGE's Contact Center at 410-265-4100 or 1-800-265-6177.

If a "stop or start" service order request issued through Property Manager Online Services has a different effective date than a "stop" or "start" service order request that was called in by your tenant to our Customer Contact Center, the effective date that was called in by your tenant will override the effective date entered through Property Manager Online Services. BGE will not be bound by any written or oral agreement between a landlord or property owners/managers that is contrary to the operation or terms and conditions of the ACN Program.

E. Guard Your Password, Property Manager Identification Number and ACN #
You will be asked to select a BGE User ID and password when registering. You are responsible for maintaining the confidentiality of your password as well as your Property Manager Identification Number (PMID #) and ACN agreement #. You are fully responsible for all activities that occur using your BGE User ID, password, PMID # and/or ACN agreement #. BGE will not be liable for any damage or loss that you may incur as a result of someone else using your BGE User ID, password, PMID # and/or ACN agreement #, either with or without your knowledge. You may not use anyone else's password at any time.

F. Obey the Law:
You agree not to use the Property Manager Online Services for illegal purposes or for the transmission of material that is or may be unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, or that infringes the rights of others. BGE may immediately discontinue the Property Manager Online Services if it believes you are acting in any such way.

G. Proprietary Rights
You acknowledge and agree that BGE owns all rights to this Website and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Property Manager Online Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of BGE's technology.

H. Restrictions
You agree not to do any of the following with respect to your access and use of any and all web sites and web pages, documentation, reports and files (&guot;Deliverables"):
i. reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code from the Deliverables;
ii. modify the Deliverables;
iii. sell, lease, market or otherwise commercially exploit the Deliverables;
iv. use the Deliverables to perform information processing or any other function whatsoever for any person, entity or business, including without limitation providing information processing in any service bureau arrangement;
v. unless compelled by an order of a court of competent jurisdiction, disclose or grant access to the Deliverables to any third party; and
vi. copy or reproduce the Deliverables in any manner (except for purposes reasonably necessary).

4. Rights You Grant to BGE Advertising
You agree that BGE may display advertisements and promotions of all kinds in and with the Property Manager Online Services.

B. Account Access In order to ensure that BGE is able to provide high quality services that are responsive to customer needs, you agree that BGE employees may have access to the accounts for the properties covered by your ACN Agreement(s) while the service for such properties is the name of the landlord or property manager/owner as reasonably needed to investigate complaints and other matters with respect to the accounts and services and products offered by BGE.

5. Other Legal Terms

A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PROPERTY MANAGER ONLINE SERVICES IS AT YOUR SOLE RISK. THE PROPERTY MANAGER ONLINE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BGE MAKES NO WARRANTY THAT:
i. THE PROPERTY MANAGER ONLINE SERVICES WILL MEET YOUR REQUIREMENTS.
ii. THE PROPERTY MANAGER ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPERTY MANAGER ONLINE SERVICES WILL BE ACCURATE OR RELIABLE.
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROPERTY MANAGER ONLINE SERVICES WILL MEET YOUR EXPECTATIONS.
v. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROPERTY MANAGER ONLINE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BGE OR THROUGH OR FROM THE PROPERTY MANAGER ONLINE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS AND CONDITIONS, THEN THIS SECTION WILL CONTROL.

B. LIMITATION OF LIABILITY. YOU AGREE THAT BGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM:
I. THE USE OR THE INABILITY TO USE THE PROPERTY MANAGER ONLINE SERVICES.
II. THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PROPERTY MANAGER ONLINE SERVICES.
III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
IV. STATEMENTS OR CONDUCT OF ANYONE WITH RESPECT TO THE PROPERTY MANAGER ONLINE SERVICES.
V. ANY OTHER MATTER RELATING TO THE PROPERTY MANAGER ONLINE SERVICES OR THESE TERMS AND CONDITIONS. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

C. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE BGE AND ITS AFFILIATES, AND SERVICE PROVIDERS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE PROPERTY MANAGER ONLINE SERVICES, YOUR VIOLATION OF THE TERMS AND CONDITIONS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

D. OTHER
EXCEPT AS PROVIDED IN THIS AGREEMENT, THIS AGREEMENT CANNOT BE CHANGED OR ANY OF BGE'S RIGHTS WAIVED UNLESS BALTIMORE GAS AND ELECTRIC AGREES IN WRITING. THIS AGREEMENT IS PERSONAL TO YOU AND YOU MAY NOT ASSIGN IT TO ANYONE. BGE MAY, BUT SHALL NOT BE OBLIGATED TO, BROADCAST NOTICES OR MESSAGES THROUGH THE ELECTRONIC BILL SERVICE TO INFORM YOU OF CHANGES TO THE TERMS AND CONDITIONS, THE ELECTRONIC BILL SERVICE, OR OTHER MATTERS OF IMPORTANCE; SUCH BROADCASTS SHALL CONSTITUTE NOTICE TO YOU. ALL NOTICES TO BGE MUST BE MADE IN WRITING. IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD TO BE UNENFORCEABLE, THEN SUCH PROVISION SHALL BE CONSTRUED, AS NEARLY AS POSSIBLE, TO REFLECT THE INTENTIONS OF THE PARTIES WITH THE OTHER PROVISIONS REMAINING IN FULL FORCE AND EFFECT. THE LAWS OF THE STATE OF MARYLAND APPLY TO THIS AGREEMENT WITHOUT RESPECT TO ANY CONFLICTS OF LAW PRINCIPLES. THESE TERMS AND CONDITIONS ARE THE ENTIRE UNDERSTANDING BETWEEN YOU AND BGE ON THE PROPERTY MANAGER ONLINE SERVICES.
Contact Information
If you have any questions about this policy, please contact:
BGE
Attn: Social Media & Web Engagement Unit
110 West Fayette Street, 9th Floor
Baltimore, MD 21201
webstaff@bge.com
Last updated: May 14, 2011
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