WattzOn Services Terms of Use

This document sets forth the terms on which WattzOn makes WattzOn Services available for use by approved licensees on other Web sites. WattzOn Services allows you ("You") to display WattzOn content on your website via the WattzOn API or a WattzOn Widget.

By using WattzOn Services, You agree to be bound by the WattzOn Services Terms of Use ("Terms of Use"). WattzOn may modify or revise these Terms of Use at any time. Your continued use of WattzOn Services will constitute your acceptance of and agreement to any such changes.

1. Registration with WattzOn

In order to access or utilize WattzOn Services, you must first request a valid WattzOn ID (WID) for the WattzOn Widgets or a valid WattzOn API Key (WAPIKEY). All queries sent to WattzOn requesting data must reference your valid WID or WAPIKEY. This license is personal to you, and any affiliates must seek and obtain their own license and key.

2. Use of WattzOn Services

Subject to your full compliance with these Terms of Use, WattzOn hereby grants to You a non-exclusive, revocable, non-sublicensable, non-transferable license to display WattzOn Services on pages of your website and to reproduce and display the WattzOn name and logo solely in connection with the branding requirements of these Terms of Use.

You may not use WattzOn Services for any other purpose not expressly and unambiguously authorized by these Terms of Use, without WattzOn 's prior written consent. All rights not expressly granted to You under these Terms of Use are reserved by WattzOn.

3. Acceptable Use

You agree not to use WattzOn Services in any way that is unlawful, or harms WattzOn, its service providers, its suppliers, your end users, or any other person. WattzOn may terminate your use if and when WattzOn , in its sole discretion, determines that your use is inappropriate.

You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of WattzOn. You will not provide a means to execute any "bulk download" operations; cache or otherwise store any WattzOn Content; and/or modify any WattzOn Content, without WattzOn 's prior written consent.

4. Branding Requirements

WattzOn Widgets: You agree that you will not modify WattzOn Services in any way except via approved parameters as documented on the WattzOn Widgets page. You agree to display the full WattzOn Widgets on your website and will not occlude or obscure any portion of the WattzOn Widgets with other website elements.

WattzOn API: You agree to follow the required branding as described on the WattzOn API page and include followed hyperlinks from each WattzOn you display back to WattzOn.com. WattzOn will be displayed in a font size that is at least 10 pt and in a location that is above the fold on a 1024x768 display.

5. Proprietary Rights

All WattzOn Content and intellectual property rights contained in any of the foregoing, are and shall at all times remain the sole and exclusive property of WattzOn and are protected by applicable intellectual property laws and treaties.

6. Termination

WattzOn reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue WattzOn Services and/or suspend or terminate your rights under these Terms of Use to access, use and/or display (as applicable) WattzOn Services. Any termination of these Terms of Use shall also immediately terminate the licenses granted to You hereunder. Upon any termination of these Terms of Use, You shall promptly delete and remove all calls to the WattzOn Services from all web pages, scripts, widgets, applications, and other software in your possession or under your control.

7. Indemnity

You agree that your use of the WattzOn Services is at your own risk and You agree to hold harmless and indemnify WattzOn and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your or your users' use of the WattzOn Services or any WattzOn content displayed on your website.

8. No Warranty; No Support

WattzOn services including any and all WattzOn APIs and widgets are provided "as is" without warranty of any kind. Except to the extent required by applicable law, WattzOn disclaims all warranties, whether express, implied or statutory, regarding WattzOn data and the WattzOn including, without limitation, any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and non-infringement of third-party rights. Further, WattzOn disclaims any warranty that your use of WattzOn services will be uninterrupted or error free. For the avoidance of doubt, you acknowledge and agree that these terms of use do not entitle you to any support for WattzOn services.

9. Liability Limitation

Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, and except for bodily injury, in no event shall WattzOn or its subsidiaries, affiliates, officers, agents, employees and suppliers be liable to you or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use WattzOn services, even if WattzOn has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.

10. Limited Relationship

WattzOn and You are, and shall remain, independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicize your use of WattzOn Services, You agree not to make any other statements, without the prior written consent of WattzOn, implying a different kind of relationship between You and WattzOn including any implied endorsement of your content, products, or services by WattzOn. You do not have any authority of any kind to bind WattzOn in any respect whatsoever.

11. General

You represent that you have the authority to bind the organization (if any) identified in your application for the WattzOn Services. You may not transfer, assign, or delegate the Terms of Use and your WID or WAPIKEY to any third party. WattzOn 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and WattzOn with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and WattzOn with respect to WattzOn Services.

12. Contact and Violations

Please contact WattzOn with any questions.

Last modified 7/22/2010