TERMS & CONDITIONS FOR HOME CONSULTATIONS

  • The home consultations through Walnut Creek Saves are FREE to Walnut Creek residents and sponsored by the City of Walnut Creek. To track program results, residents are required to provide energy data to WattzOn before and after a home visit as follows:
  • Energy data: Sign up for an EnergyCenter account and link it to your utility account. Instructions on how to link are provided to participating residents. Data transfer before the home visit and for the following 6 months is required to receive the FREE home visit.
  • If you remain at the same address in Walnut Creek, you must maintain the link between your EnergyCenter account and your utility provider. On occasion, this may require you to update your utility account password or user name, or accept new terms and conditions from your utility’s website. EnergyCenter will prompt you if this need arises. WattzOn will call you, if needed, to prompt you to maintain the connection between your utility account and EnergyCenter. We expect the data transfer to proceed automatically after a home visit and that no actions will be required. However, on occasion, we may make this request.
  • If you do not provide pre- and post- visit energy data as outlined above, you may be required to reimburse the cost of the home visit ($250 plus the cost of any installed products) to [Program Name]. Residents are required to provide a 24 hour cancellation notice when canceling or changing an appointment.

By participating in the program, you agree to allow authorized agents from WattzOn to access and view your home energy usage information.

Limitation of Liability

We have protocols for how we work in your home, so that we are safe and so is your home. Despite this, accidents may happen. In case of any accidental damage to your home, we will repair it, up to $250, using our network of trade partners. Here are the legal details:

To the fullest extent permitted under applicable law, customer agrees that any and all liability or claim for damages, cost of defense, or expense of Walnut Creek Saves or WattzOn and its individual members in connection with this agreement shall be limited to a sum not to exceed $250, and agrees to use a company from the WattzOn network of handyman and contractors to perform the repair work. This limitation shall include any liability, claim or expense arising from any breach, error, omission or negligence by Walnut Creek Saves or WattzOn in the course of performing services under the agreement.

Notwithstanding anything else herein, in no event will Walnut Creek Saves , WattzOn or customer be responsible for lost profits, lost revenues, or consequential, incidental or special damages of the other party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of such loss or damages and irrespective of how such loss or damages were caused, including as a result of a party’s negligence or wrongful act or inaction, but not any deliberate or willful activity. The customer agrees that any claim arising in connection with this agreement shall be promptly made in writing to WattzOn at 705 N. Shoreline Blvd., Mountain View, CA 94043 by certified mail or overnight delivery. The customer shall have no cause of action against Walnut Creek Saves or WattzOn after one (1) year from the date of the home energy assessment.

Warranties

The services provided hereunder are provided “as is.”

WattzOn makes no warranties, express or implied, under this agreement and the consultation and any report produced by WattzOn are not a guarantee or warranty of any kind. WattzOn specifically disclaims any and all implied warranties or conditions of title, merchantability, fitness for a particular purpose, and non-infringement.

Dispute Resolution

In the event of a disagreement or dispute regarding the terms of this agreement or performance of it, an executive of each of the parties shall agree to meet in person to amicably discuss and work in good faith to resolve any such disagreement and/or dispute between them. If such discussions do not promptly resolve the disagreement and/or dispute to the reasonable satisfaction of both parties, then the parties shall be free to pursue any legal remedies available to them.

 

TERMS & CONDITIONS FOR PERSONALIZED OUTREACH

Personalized outreach begins December 2016. The specialized outreach program is focused on reaching the one-fourth of city residences with the highest energy use. The program’s goal is helping high users become aware of, and take advantage of the FREE home consultations and EnergyCenter account.

Previous programs by WattzOn, and similar programs by other companies around the country show that personalized data increases customer response and help cities reach efficiency goals.

To opt-out of receiving personalized mailers, please call WattzOn at 650-948-2004 or email walnutcreek@wattzon.com.

 

ADDITIONAL WALNUT CREEK SAVES TERMS AND CONDITIONS

Limitation of Liability

To the fullest extent permitted under applicable law, customer agrees that any and all liability or claim for damages, cost of defense, or expense of the City of Walnut Creek or WattzOn and its individual members in connection with this agreement shall be limited to a sum not to exceed $250, and agrees to use a company from the WattzOn network of handyman and contractors to perform the repair work. This limitation shall include any liability, claim or expense arising from any breach, error, omission or negligence by Walnut Creek Saves or WattzOn in the course of performing services under the agreement.

Notwithstanding anything else herein, in no event will Walnut Creek Saves , WattzOn or customer be responsible for lost profits, lost revenues, or consequential, incidental or special damages of the other party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of such loss or damages and irrespective of how such loss or damages were caused, including as a result of a party’s negligence or wrongful act or inaction, but not any deliberate or willful activity. The customer agrees that any claim arising in connection with this agreement shall be promptly made in writing to WattzOn at 705 N. Shoreline Blvd., Mountain View, CA 94043 by certified mail or overnight delivery. The customer shall have no cause of action against Walnut Creek Saves or WattzOn after one (1) year from the date of receiving a mailing and/or a home visit, whichever is earlier.

Warranties

The services provided here under are provided “as is.”

WattzOn makes no warranties, express or implied, under this agreement and the consultation and any report produced by WattzOn are not a guarantee or warranty of any kind. WattzOn specifically disclaims any and all implied warranties or conditions of title, merchant ability, fitness for a particular purpose, and non-infringement.

Dispute Resolution

In the event of a disagreement or dispute regarding the terms of this agreement or performance of it, an executive of each of the parties shall agree to meet in person to amicably discuss and work in good faith to resolve any such disagreement and/or dispute between them. If such discussions do not promptly resolve the disagreement and/or dispute to the reasonable satisfaction of both parties, then the parties shall be free to pursue any legal remedies available to them.

 

WEB TERMS OF SERVICE

For Utility Data Acquisition and Home Energy Management Services

Effective Date: November 30th, 2016


1.  Acceptance Of This Agreement

Your access to and use of this website (the “Site”) along with any reports, recommendations, analyses, statements, mobile applications, or other products or services provided to you by WattzOn (collectively, the “Service”) is subject to these Terms of Service (“Terms”) and our Privacy Policy available at  [WEBSITE]. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms you must immediately stop using the Site.

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.

We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for the Services. All notices are effective upon posting or when sent.

Additionally, we may modify these Terms of Service and/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective after they are posted to the Site or sent to you via email.

 

3.  Links to Third Party Websites

The Site may include links to third party websites 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, solely as is necessary for WattzOn to provide the Services to you and/or provide the Content you entered therein to the third party provider of energy products and/or related products and services (“Vendor”), its affiliates, and sales agents who you were made aware when you submitted such Content and subject to the terms of the agreement governing the use of such Content between Vendor and WattzOn.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 at info@wattzon.com 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 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

a)  Registering Your Account. You must register for an account in order to use some features of the Service. Registration information may include your email address, customer account identifier and a password. You agree and understand that you are responsible for maintaining the confidentiality of your password that, together with your email address, allows you to access the Service. The email address, account identifier, and password, together with any mobile number or other contact information you provide, form your “Registration Information.” For more information about how we protect, use, and share your Registration Information, please see our Privacy Policy at http://simivalleyconserves.org/privacy-policy/.

b)  Connecting Your Account. By connecting the Service with a third party service (such as Facebook, Twitter, or your 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. Your utility data may be sent to the provider of energy products and/or services that has requested you to provide such information in connection with your potential purchase or use of energy products and/or services. 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.

 [Revoking registration] You may revoke the foregoing authorization at any time by sending an e-mail to info@wattzon.com with your name, e-mail address and name of your utility(s).


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.


9.  Indemnity

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 material breach by you of these Terms.


10.  Severability

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.  Limitation on
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 YOU HAVE 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 SERVICe OR 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.


13.  Headings

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 that has not been made expressly in this Agreement.

This document was last updated on Oct 7th, 2016