THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18, OR TO ANY PERSON SUSPENDED OR REMOVED FROM THE SERVICE BY WATTZON. BY ACCESSING, BROWSING, OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.
2. Changes to Site and Services & Notice
WattzOn reserves the right to:
change or remove (temporarily or permanently) the Site or any part of it.
change, remove, or discontinue any service, or promotion (including but not limited to any parts thereof, licensing, pricing) as advertised on this Site.
3. Links to Third Party Websites
The Site may include links to third party website’s that are controlled and maintained by others. Any link to other website’s is not an endorsement of such website’s and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Any use of third party website’s is subject to those website’s own terms and policies.
4. Site Content
a. Content you Post or Submit. “Content” means text, images, graphics, photos, audio, video, location data, information, suggestions, guidance, and all other forms of data, communication, or materials. You may have the opportunity to submit Content, including feedback regarding your experiences with the Services including by participating in the interactive and community features of the Services. It is important that you act responsibly when providing Content. When participating in other interactive or community aspects of the Services, please do not post any information that another user may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
b. Copyright Ownership. You shall be solely responsible for your Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content; and you agree to and hereby do license to WattzOn, and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, fully transferable, worldwide license to reproduce, distribute, publicly perform, publicly display, publish, make available, communicate to the public, translate, prepare derivative works of, and otherwise use and exploit your Content.
If you are a copyright owner or an agent thereof and believe that any Content posted to the Site infringes upon your copyrights, or any other intellectual property rights you own, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent firstname.lastname@example.org with a written notification (see 17 U.S.C 512(c)(3) for further detail). WattzOn will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer. WattzOn reserves the right to decide whether user Content violates these Terms for reasons other than copyright infringement. WattzOn may at any time, without prior notice, and in its sole discretion, remove such user Content and/or terminate a user’s account for submitting such material in violation of these Terms.
c. Restrictions on Posted Content. We reserve the right to publish Content you submit as part of the Services and to remove your Content for any reason. We are not responsible for any failure or delay in removing Content. Keep in mind that the Content of others is simply opinion and should not be relied on. The following is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Services. You may not post Content that: (i) is false or intentionally misleading; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of unsolicited mass mailing or “spamming”; (iv) violates the intellectual property or other rights of any person; (v) is threatening, obscene, defamatory or libelous; (vi) is pornographic or sexually explicit in nature; (vii) is unlawful or promotes or encourages illegal activity; or (viii) falsely implies that it is sponsored or endorsed by WattzOn. WattzOn reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision.
5. WattzOn Property
The Intellectual Property Rights in this Site and the materials on or accessible via it belong to WattzOn or its licensors. This Site and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this Site). WattzOn and the WattzOn Logo are trademarks which belong to WattzOn and they may not be may not be used, copied or reproduced in any way without written consent from WattzOn.
“Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other rights in confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations thereof and applications therefor.
6. Your Registration Information
b. Connecting Your Account. By connecting the Service with a third party service (such as Facebook, Twitter, or your PG&E or utility account), you give us permission to access and use your information from that service as permitted by that service, and store your log-in credentials for that service. For your convenience, when you choose to log-in through a third party service, such as Facebook, we may, and you authorize us to, pre-populate your registration information with some of the information already available from that account, such as your name and email address. If you do not want us to access this information, please do not log in through the third party service, or change your preferences on that third party account. We may also offer the option of posting information to your third party account, such as your Facebook wall or Twitter feed, and will post such information if you give us permission to do so.
c. Accuracy. By providing us with your email address, you agree to receive periodic notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate; we will have no liability for failure to deliver notices that result from inaccurate account information.
d. Mobile Phone Information. You may receive SMS, text, or similar messages from WattzOn in response to your one-time request, or in response to a subscription request. In response to your initial request for such messages, you authorize WattzOn to send an opt-in message to your phone. By responding to this opt-in message, you authorize WattzOn to send ongoing messages to your phone in connection with the Service. We may also send periodic messages to your phone giving you additional opportunities to opt-in or opt-out of these messages. By failing to opt-out or responding to opt-in, you grant WattzOn continuing authorization to send messages to your phone. You acknowledge that third party message and data rates may apply and that you are solely responsible for your dealings with any provider of telecommunications services, as well as any Internet service provider, wireless carrier, or other carrier or similar service provider in connection with your use of the Service, and for paying any fees or other amounts charged by any such provider(s) in connection with such use.
7. Billing and Payment
WattzOn may choose to offer goods and services for purchase through the WattzOn Service. The following terms govern payments made through the WattzOn Service from WattzOn.
a. Payment. WattzOn accepts payments through payment methods detailed on the applicable payment screen. WattzOn does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for any services that you purchase through the Service and you agree that we may charge your selected payment instrument for any such payments. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. To the extent WattzOn is obligated to collect such taxes, the applicable tax will be added to your billing account.
b. Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to WattzOn within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. You also agree to attempt in good faith to resolve any such dispute directly with WattzOn prior to resorting to any alternate remedy or dispute resolution mechanism, including without limitation issuing a chargeback request to your payment provider.
8. Disclaimer & Limitation Of Liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
You acknowledge and agree that the quality of the Service provided by WattzOn is limited by the quality of the data provided to WattzOn. Any reports, suggestions, analyses, statements, or other comments provided by WattzOn are merely recommendations and WattzOn cannot and does not guarantee any particular results. Actual results may vary. You acknowledge and agree that you shall not hold WattzOn liable for any actions you may take based on WattzOn’s reports or recommendations. To the extent permitted by law, WattzOn will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Service.
WattzOn makes no warranty that the functionality of the Site or Service will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
You agree to indemnify and hold WattzOn and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against WattzOn arising out of any breach by you of these Terms or other liabilities arising out of your use of this Site or the Services.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, such provision shall be deemed amended in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
11. U.S. Government Liability
THE MATERIAL EMBODIED IN THIS SOFTWARE IS PROVIDED TO YOU “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE UNITED STATES DEPARTMENT OF ENERGY OR THE UNITED STATES GOVERNMENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT DOE OR THE U.S. GOVERNMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR PERFORMANCE OF THIS SOFTWARE.
12. Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the State of California whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the State of California.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
These Terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. In agreeing to these Terms, you have not relied on any representation other than those expressly stated in these Terms and you agree that you shall have no remedy in respect of any representation which has not been made expressly in this Agreement.
This document was last updated on February 14, 2013