Customer hereby acknowledges the receipt of the [SDG&E Home and Business Area Network Customer Guide v.1.3, 5/6/2013] (the “Customer Guide”). Without limiting the generality of the [MyAccount and General Website T’s and C’s] and the Customer Guide, each incorporated herein by this reference, Customer acknowledges and agrees that:
SDG&E shall have no liability hereunder in connection with any noncompatibility of Customer’s HAN-enabled devices with SDG&E’s smart meter system or other technology systems. SDG&E may upgrade or modify such systems at any time, in its sole discretion, which may render such devices inoperable with such systems. Customer agrees to disclose this to purchasers and lessees its business or residence if such purchase or lease includes any such devices. Such upgrades or modifications may require device changes by Customer and retesting, at the discretion of the vendor of such devices, in order to be re-validated. “HAN-enabled device” shall mean any device which is capable of being connected via a home or business area network to SDG&E’s smart meter system or other technology system.
SDG&E, its current and future parent companies, subsidiaries, affiliates, and their respective directors, officers, managers, shareholders, employees, agents, and representatives (each an “SDG&E Party”) shall have no liability whatsoever for damages, losses, liabilities, expenses and costs (including, reasonable outside and allocated in-house attorneys’ fees), whether consequential, indirect, direct or otherwise, and whether arising in connection with personal injury, property damage, data loss or otherwise, arising out of or in connection with Customer’s HAN-enabled Devices. SDG&E makes no representations as to the safety, reliability, performance, security or efficiency of such devices.
Customer agrees to promptly notify SDG&E if any HAN-enabled device is disconnected from SDG&E’s smart meter system. Such notification shall be made pursuant to one of the contact methods specified in the Customer Guide, and shall occur within one business day of disconnection. Additionally, SDG&E has the right to disconnect any HAN-enabled device, without notice, in its sole discretion if it believes in good faith that such device poses a potential risk to the performance, security or integrity of its smart meter systems, technology systems or ability to provide service.