INTRODUCTION

WATTB TERMS OF USE

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.

1. Summary of Services and Basic Terms

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.

2. Personal Information; Privacy; Security

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.

3. Eligibility and Your Obligations as a User

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.

4. Terms and Conditions Use of Services Via the Sites

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.

A. Account Access and Authorization

By using WattB, you authorize WattB, to the extent required by your jurisdiction and when applicable to your use of Services, to act as your agent for the limited purpose of establishing an account for delivery of electricity services with your local regulated public utility company (each, a “Distributor”) and, to the extent required by your jurisdiction and when applicable to your use of Services, to act to act as your agent for the limited purpose of establishing an account for supplying of electricity services to you with your local entity offering electricity for sale (each, a “Supplier”).

You will be required to provide certain personal information in order for your account(s) to be established. This may include your name, birthday, the address where you will receive electricity services, social security number, and certain other information about your or your property.

By using WattB, you grant WattB permission to use and share this personal information with the applicable Distributors and/or Suppliers solely in order to establish your account(s), as applicable to your use of the Services. By using WattB, you grant WattB authorization to request information as necessary from the applicable Distributor and/or Supplier on your behalf. This may include, but is not limited to, your historical energy usage, billing information, and any other information needed to open your account(s).

WattB may need to take additional steps in order to establish your account(s). This may include additional verification procedures, credit checks and/or a security deposit, as required by the applicable Distributor and/or Supplier. In the event such additional steps are required, we will notify you via email and you may be asked to agree to additional terms and conditions.

Once your account is established, the applicable Distributor and/or Supplier will communicate directly with you, and their terms and conditions will be applicable to your account(s). WattB will not have the ability to access your account(s), and you are free to change your login credentials at any time. You are responsible for any payments due under your account(s), as well as terminating your account(s) in the event you select another energy service company through WattB.

WattB does not supply, transmit, or distribute electricity and is not affiliated or endorsed by any Distributor or Supplier. By using WattB’s Services, you acknowledge and agree that WattB is acting only as an intermediary and is not a party to any transaction between you and your Distributor and/or Supplier. Accordingly, WattB assumes no responsibility and will have no liability of any kind whatsoever in respect to your dealings with your Distributor and/or Supplier including with regards to electric delivery, payments, notices, and the proper and timely delivery of goods or services by your Distributor and/or Supplier. WattB in no way endorses, recommends, and/or bears any responsibility or liability for any products, services, statements, made by your Distributor and/or Supplier. Statements and opinions of your Distributor and/or Supplier are not representative of WattB or its business partners.

WattB is not liable for the accuracy or delivery of your bill or statement for your use of electricity, Utility bill credits, and any other related utility good or service (“Utility Statement”). Any discrepancies or disputes regarding the accuracy of your Utility Statement must be addressed with your Distributor and/or Supplier directly.

WattB assumes no responsibility, and will not be liable, for your failure to take any action or inaction with respect to your Distributor and/or Supplier account(s) or your failure to receive any information with respect to any Distributor and/or Supplier account(s).

You agree to hold WattB harmless should your Distributor and/or Supplier fail to deliver your Utility Statement(s). You are responsible for ensuring timely payment of all Utility Statements. These Terms do not alter any liability or obligations that currently exist between you and your Utility Company. You agree that your relationship with your Distributor and/or Supplier is governed solely by the agreement(s) with your Distributor and/or Supplier.

You may rescind this authorization at any time by providing notice to us at info@wattb.com or 866-928-8289.

B. Purchase Process; Payments

WattB does not take or process payments for or from you for either the Services or for your Utility Statements. WattB does not collect or store your payment information. However, to the extent required by your jurisdiction and when applicable to your use of Services, we facilitate a process through which you may submit your payment information directly to your Distributor and/or Supplier through a secure third-party intermediary. You are solely responsible for providing valid information to the Distributor(s) and/or Supplier(s) for this purpose. Further, as stated above, you are solely responsible for ensuring timely payment of all Utility Statements. These Terms do not alter any liability or obligations that currently exist between you and your Utility Company. You agree that your relationship with your Distributor and/or Supplier is governed solely by the agreement(s) with your Distributor and/or Supplier.

5. Use, Information, and Content on the Services

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.

We may publish or include content and promotions from third parties through the Services (collectively, together with all User information or content, “Third Party Content”). WattB does not represent or guarantee completeness, truthfulness, accuracy, appropriateness, or reliability for any Third Party Content, or endorse any opinion expressed in Third Party Content. If you choose to use or rely on Third Party Content published on or obtained through the Services (whether published by Users or third parties), your use or reliance is at your own risk. WattB is not responsible or liable for any consequence, loss, or damage (direct or indirect) arising from or relating to Third Party Content.

When you use or provide information on the Sites as a User, or otherwise use the Services, you represent and warrant that your use:

Does not include personal identification, financial, or confidential information about yourself that you expect to be treated differently than as described in these Terms and the Privacy Policy;

Does not include any personal identification, financial, or confidential information of any other person or entity without prior consent, or that is counterfeit or stolen;

Does not include any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);

Is not for any unlawful purpose or in furtherance of illegal activities (international users agree to comply with all local laws regarding online conduct and acceptable content);

Is not false, fraudulent, or deceptive;

Is not threatening, violent, abusive, harassing, defamatory, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;

Is not unsolicited advertising, junk mailing, or spamming; does not use the Sites to send altered, deceptive, or false information; and does not interfere with or disrupt (or attempt to do so) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming or scripting the Sites;

Does not contain software viruses, malware/phishing, or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of WattB or third party equipment, software, or systems;

Does not attempt by any method to determine or reverse engineer source code or underlying algorithms of any part of the Services;

Does not access or tamper with non-public areas of the Sites, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Sites without the prior consent of WattB;

Does not violate any contractual obligation;

Does not infringe or violate the intellectual property or proprietary rights of WattB or any third party;

Does not solicit Users or guests to use other on- or off-line services that are competitive with WattB;

Does not falsely imply affiliation with or sponsorship by WattB without the prior written consent of WattB; or

Does not breach any of the terms or conditions of these Terms or the Privacy Policy (collectively, “Prohibited Content and Usage”).

WattB reserves the exclusive right to determine whether your use of the Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your use of the Services without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Users engaging in any of these behaviors may be investigated for abuse.

The Services may include advertisements and other marketing messages from WattB and its partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that WattB and its third party partners may advertise on and through the Services.

Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your use of the 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.

6. Our License to Your Information

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.

7. Our Rights as WattB

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 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.

8. Your License to Use the Services

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 partys 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.

9. Termination

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.

10. Disclaimers and Limitations of Liability; Your Risks and Responsibilities

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.

A. Use is at Your Own Risk; The Services are Available “AS-IS”

WattB and the WattB Parties have no fiduciary or special relationship with you. Your access to and use of the Services are at your own risk. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WATTB AND/OR THE WATTB PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WATTB AND/OR THE WATTB PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. WATTB AND/OR THE WATTB PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATTB AND/OR THE WATTB PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WATTB OR ANY OF THE WATTB PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

To the maximum extent permitted under applicable law, except as expressly set out in these Terms, WATTB AND THE WATTB PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE.

WattB and the WattB Parties make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure, or error-free basis; and (v) any third-party claims, consequence, loss, or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from WattB or the WattB Parties, or through the Services, will create any warranty not expressly made in these Terms.

IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY, OR LINKED SITE.

B. Third-Party Links and Resources

The Services may contain printed promotion of or links to third-party websites or resources. Except as expressly set out on the Sites, you acknowledge and agree that the WattB is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such websites or resources. Inclusion of printed materials about or links to such websites or resources do not imply endorsement by WattB or the WattB Parties of the websites, resources, or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party website or resource.

C. Third-Party Providers and Partners

WattB relies on third-party providers and partners for parts of the Services. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from WattB, you hereby acknowledge and consent that WattB may share such information and data with any third party with whom WattB has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers. Except as expressly set out by WattB, you acknowledge and agree that WattB and the WattB Parties are not responsible or liable for: (i) the availability, functionality, or accuracy of the parts of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension, or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss, or damage (direct or indirect) arising from third-party providers and partners. On written request by a User, WattB will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are used for the Services.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATTB AND THE WATTB PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY PRODUCTS PURCHASED, USED, OR ACCEPTED VIA THE SERVICES, OR CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WATTB AND THE WATTB PARTIES EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (U.S. $500.00) OR THE AMOUNT YOU PAID WATTB, IF ANY, FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM. THE FOREGOING REMEDY WILL CONSTITUTE WATTB’S AND THE WATTB PARTIES’ SOLE LIABILITY AND OBLIGATION WITH RESPECT TO ANY CLAIM BY YOU.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT WATTB OR THE WATTB PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnification

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.

12. General Terms

A. Waiver and Severability

The failure of WattB to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.

B. Controlling Law and Jurisdiction

These Terms and any dispute related to the Terms will be governed by the laws of Delaware without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 13C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Delaware, and you consent to the exclusive jurisdiction and venue of those courts.

C. Dispute Resolution

You agree that you will notify WattB in writing of any dispute or problem related to the Services. WattB will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: 227 Bellevue Way NE #871 Bellevue, WA 98004.

Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Delaware, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.

D. Consent to Electronic Communication

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address associated with your use of Services and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from WattB will be deemed effective when sent to the email address associated with your use of Services or when posted publicly on the Services.

E. Entire Agreement

These Terms and the Privacy Policy are the entire and exclusive agreement between WattB and you about the Services. These Terms supersede and replace any other or prior agreements between WattB and you about the Services. Other than users of the group of companies of which WattB is the parent, no other person or company will be third party beneficiaries of the Terms.

If these Terms conflict with any other documents, these Terms will control.

We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: https://wattbuy.com/terms-of-use. If we believe in our sole discretion that a revision is material, we may also notify you by email. By continuing to use the Services after revisions are effective, you will be bound by the revised Terms.

These Services are operated and provided by WattB. If you have any questions about the Terms, please contact us at info@wattb.com.

By registering for and/or using Services in any manner, including but not limited to visiting or browsing the WattB website, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies, and/or procedures that may be published by WattB from time to time on the Services, each of which is incorporated by reference and may be updated by WattB at any time without notice to you. These Terms apply to all users of the Services without exception.

Effective as of 12 April 2020

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