Thank you for using WattBuy. These Terms of Use (the “Terms”) explain the agreement you make with WattB, Inc., a Delaware corporation operating an Energy Data Website that analyzes electricity consumption data to help customers optimize their consumption (collectively, including our subsidiaries and other affiliates, “WattB,” “we,” “us,” or “our”), when you:
(i) access and use our websites, online store, blogs, mobile applications, and other services (collectively, the “Sites”); and
(ii) otherwise access or use any other services or resources made available by us (collectively, and together with the Sites, the “Services”).
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EVERYTHING IN THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.
These Terms apply to all websites, software, mobile applications, tools, and resources developed, offered, or operated by WattB. The Terms apply to you and all other users of the Services (“you” and “Users”).
As a general policy, you are exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you will be solely responsible.
We collect, store and use certain electronic information about you when you use the Services in the ways we explain below and in the Privacy Policy. We have attempted to provide clear explanations of our information policies so you can make meaningful decisions about whether to use the Services.
WattB respects and values the privacy of your information, and we take voluntary steps to protect it as best we can. That said, we cannot guarantee the complete security and privacy of Users. More information about the privacy and security of your information is available below and in the Privacy Policy.
We may change the Services from time to time without notice. We may stop providing the Services, or restrict use of the Services, without notice and for any reason.
We rely on third-party providers for certain parts of the Services. Because of this and for other reasons, the Services may be unavailable, interrupted or terminated from time to time for many reasons (including routine maintenance).
By using the Services, you agree that WattB will not be responsible or liable to you or any third party for any consequence, loss or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally, unless specifically described otherwise in these Terms.
By using the Services, you acknowledge and agree that WattB collects, stores, and uses certain electronic information about you. To understand specifically what information we collect, and how we store and use that information, please refer to our Privacy Policy here.
You must be able to form a binding contract to use the Services. By using the Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Services. Any attempt by a person under the age of 13 to use the Services will be automatically void. If WattB receives credible notice that a User is under 13 years old, we will automatically remove the User and delete all information about and from that User from the Services.
WattB may, in its sole discretion and for any reason, (i) refuse to offer the Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Services at any time. You agree to provide truthful and complete information when using the Services. If you are using the Services as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. If you are using the Services on behalf of any entity, you represent that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to us if you or the entity violates these Terms.
You are solely responsible and liable for all activity that occurs on and through the Sites under your name or in connection with your use of the Services. You are solely responsible and liable for safeguarding the security and accuracy of your use of the Services and notifying WattB of any unauthorized use.
Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your use of Services and prosecution for damages. You agree that WattB will not be liable, and you will indemnify, hold harmless, and reimburse WattB for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out above.
PLEASE READ THIS SECTION CAREFULLY. This section governs the terms and conditions of our Services via the Sites. BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law.
You will have exclusive responsibility and liability for your account. WattB is not responsible or liable for any User information or content, or any consequence, loss, or damage (direct or indirect) caused by or related to User information or content.
When you use the Services, you keep your rights to information you submit or make available on or through the Services. However, by using the Services, you grant WattB an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use your information for providing or improving the Services, subject to the Privacy Policy. By using the Services, you agree that you will not be entitled to any compensation from WattB (or other companies, organizations or individuals who partner with WattB) for your information or for use of your information.
WattB exclusively and perpetually owns and holds all right, title, and interest in and to the Services and all information and content published by WattB on the Services. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WattB and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WattB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WattB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WattB or our licensors except as expressly authorized by these Terms.
We reserve the right to terminate, suspend, or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you.
We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information as described in the Privacy Policy or that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests; and (v) protect the rights, property, or safety of WattB, our Users, and the public.
Feedback, comments, and suggestions you provide about WattB or the Services are welcome and is entirely voluntary. We are free to use all feedback, comments, and suggestions without any obligation or compensation to you.
When you use the Services, WattB gives you a limited, personal, revocable, non-transferable, and non-exclusive license to use the Services. This limited license is only so you may use and enjoy the benefit of the Services as provided by WattB as allowed under these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. This license is revocable at will and may be terminated by WattB without notice to you.
These Terms will continue to apply until your use of the Services is terminated by either you or WattB.
You may end your legal agreement with WattB at any time for any reason by discontinuing your use of the Services. You do not need to notify WattB when you stop using the Services.
WattB may suspend or terminate your use of the Services (or quit providing you with all or part of the Services) at any time for any reason, including, but not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for WattB; or (iii) the Services are no longer commercially viable. In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 3, 4, 5, 6, 7, 10, 11 and 12.
PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of WattB and its past, present, and future parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “WattB Parties”). BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.
By using the Services, to the maximum extent permitted by applicable law, you agree to indemnify, hold harmless, and reimburse WattB and its past, present, and future officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) that arise from or relate to your use or access of the Services, including but not limited to any activity and content associated with your use of Services (whether by you or a third party), unless a court of competent jurisdiction enters a final judgment that the claim, liability, obligation, settlement, loss, expense, debt or damage was the result of affirmative and intentional actions or omissions by WattB. You agree to promptly notify WattB of any third party claims arising from or relating to your use of the Services. WattB reserves the right to assume exclusive control of and direct the defense or settlement of any matter otherwise subject to indemnification by you. You agree to assist and cooperate with WattB in the defense upon request.