Terms of Use

Ablewatts Inc.

Terms of Use

Thank you for registering to use ablewatts.com (the “Site”), Ablewatts Inc.’s (“Company” or “Ablewatts" or “we” or “our” or “us”) website for energy usage analysis.  These Terms of Use (this “Agreement”) govern your use of the Site.  Please read this Agreement carefully, as it (among other things) requires in Section 11 that you and the Company arbitrate certain claims instead of going to court and limits class action claims. 

Please press “Accept” if you agree to be legally bound by all terms and conditions herein.  Your acceptance of this Agreement creates a legally binding contract between you and the Company.  If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the Site.

Note for Children.  Use of the Site by anyone under the age of 18 is prohibited.

  1. Privacy Policy.  The Company’s Privacy Policy, at ablewatts.com/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by the Company in connection with the Site.  The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.
     
  2. Ownership; Proprietary Rights.  As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Site, the software and technology used by the Company to provide Site features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”).  Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. To the extent you provide to the Company any ideas, suggestions or feedback regarding the Site (“Feedback”), you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and acknowledge that the Company shall be free to use and exploit such Feedback without compensating you.
     
  3. Third Party Sites.  The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties.  You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party sites and services, products or services made available through them, or your use of or interaction with them.
     
  4. Account Creation and Purchasing

    4.1   You acknowledge that you may perform limited functions on the Site without creating an account on the Site, but to make full use of the Site’s features, including making purchases, you must register an account on the Site. If you register an account on the Site, you acknowledge it is your responsibility to keep your password secure. You will be responsible for all activities (including purchases) made under your account.

    4.2   Subject to Section 4.3, the person creating the account will be the contracting party (“Account Owner”) for the purposes of this Agreement and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Site or Company.

    4.3   If you are creating an account on behalf of your employer, your employer shall be the Account Owner. If you are creating an account on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.

    4.4   By making a purchase on the Site, you represent and warrant that you have the right to authorize the Company and its third party payment services provider to charge the credit card or other payment instrument you provide in connection with such purchase.

    4.5   The Company attempts to be as accurate as possible. However, the Company does not warrant that descriptions of the products or other content on the Site will always be accurate, complete, reliable, current, or error-free. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We do not guarantee that the products described on our Site will be available at all times.  If you submit an order for a product that had the incorrect pricing on the Site, your order will be cancelled and you will be notified of the correct price and have (subject to product availability) the opportunity to place an order for the product at the correct price.

    4.6   The Company may make coupon codes available from time to time at its own discretion.  Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes expire and are no longer valid for redemption as specified at the time you receive the coupon, provided that a coupon may be invalidated earlier than such data at the discretion of the Company. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. The Company reserves the right to change or limit coupon codes in its sole discretion

    4.7   The Company reserves the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

    4.8   The risk of loss and title for all products purchased via the Site pass to you upon delivery of the item to the carrier.

    4.9   All sales on the Site are final and non-cancelable and all amounts paid are non-refundable, except as may be otherwise determined by the Company or the applicable Business Partner (each term as defined in the Privacy Policy).  Without limiting the foregoing, we do not provide price protection or refunds in the event of a price reduction or promotional offering.  Any returns of goods purchased on or through the Site which the Company elects to accept may be subject to a restocking fee. 

    4.10   Some products offered for sale on the Site are offered by our Business Partners and not by the Company; your purchase of such products is subject to any posted terms and policies of the Business Partner, which supersede the foregoing terms of this Section 4 to the extent of any conflict.  You agree the Company shall have no liability to you in connection with any product purchase made from a Business Partner through the Site, and agree to engage with any such Business Partner directly regarding any problems you may have with such purchase.
     
  5. Media.

    5.1   The Site may allow you and other users to post and share comments, pictures or other content (“Media”) through the Site and such other channels as may be enabled by the Company.  You understand that all Media is available only on an “as-available” basis and the Company does not guarantee that the availability of Media will be uninterrupted or bug free.  You agree you are responsible for all of your Media and all activities that occur under your user account.  Some or all of your Media may be removed at any time, for any reason or for no reason and without notice.  Without limiting the foregoing, your Media may be removed if the Company determines (in its sole discretion) that its content is inappropriate or if it is the subject of flagging by other Site users. 

    5.2   Ablewatts does not claim ownership of any Media that you post on the Site. Rather, you hereby grant the Company a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit, prepare derivative works of, distribute and perform the Media that you post on the Site, for purposes of operating the Site and the Company’s (and its successor’s) business, in any media formats and through any media channels. 

    5.3   In connection with your Media, you further agree that you will not use, create, provide or post: (i) material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) advertisements or marketing content or solicitations of business, or any content of a commercial nature.  The Company may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time.  If you are a copyright holder and believe in good faith that your content has been made available through the Site without your authorization, you may follow the process outlined at http://ablewatts.com/copyright-dispute to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.

    5.4   You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Site, and further acknowledge that the Company does not control the Media posted by Site users and does not have any obligation to monitor such content for any purpose. 
     
  6. Prohibited Uses.  As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound.  You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.  In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).  By using the Site, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
     
  7. Termination.  You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Site account through the Site user interface.  If you are for any reason unable to delete your account through the Site user interface, you may also send us a request for deletion of your account to admin@ablewatts.com.  Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation.  Certain data (including your Media) may continue to be stored in our backup systems until regularly scheduled deletions occur.  You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Site.  The Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.  You agree that any termination of your use of the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination.  Sections 2-11 and 13 will survive any termination of this Agreement. 
     
  8. Disclaimers; No Warranties.  THE SITE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC LEVEL OF ENERGY SAVINGS OR OTHER MONETARY BENEFIT FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES REFERENCED ON OR RECOMMENDED BY THE SITE.  ACTUAL ENERGY SAVINGS AND MONETARY BENEFITS VARY WITH FACTORS BEYOND THE COMPANY’S CONTROL OR KNOWLEDGE. YOU ACKNOWLEDGE THAT ANY PRODUCTS AND SERVICES REFERENCED OR RECOMMENDED ON THE SITE (SUCH AS SOLAR PANELS OR CONNECTED THERMOSTATS) ARE DESIGNED, MANUFACTURED AND SOLD BY THIRD PARTIES AND THAT COMPANY IS NOT RESPONSIBLE TO YOU FOR THE PERFORMANCE THEREOF.  YOU AGREE THAT NOTHING ON THE SITE CONSTITUTES A GUARANTEE OF ACTUAL SAVINGS, AND YOU AGREE NOT TO SEEK MONETARY OR OTHER REMEDIES FROM COMPANY IF YOUR SAVINGS DIFFER FROM THOSE INDICATED ON THE SITE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  THE COMPANY AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
     
  9. Indemnification; Hold Harmless.  You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Site, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence.  The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
     
  10. Limitation of Liability and Damages.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE SITE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED FIFTY U.S. DOLLARS.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 
     
  11. Arbitration

    11.1   Agreement to Arbitrate.  This Section 11 is referred to herein as the “Arbitration Agreement.”  The parties hereby agree that any and all controversies, claims, or disputes between you and the Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  The arbitrator will decide the substance of all claims in accordance with the laws of the state of New York, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential.

    11.2   Class Action Waiver.  YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

    11.3   Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 10.  You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.

    11.4   Venue; Costs. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

    11.5   Severability.  If a court decides that any term or provision of this Arbitration Agreement other than Section 11.2 is invalid or unenforceable, you and the Company agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 11.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
     
  12. Changes to Agreement.  The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time.  Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Site user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. 
     
  13. Miscellaneous.  Under this Agreement, you consent to receive communications from the Company electronically.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Site that is not subject to arbitration under Section 11 shall be filed only in the state or federal courts in New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
     
  14. Contact Information.  The Site is provided by Ablewatts Inc.  If you have any questions, complaints or claims with respect to the Site, you may contact Ablewatts at admin@ablewatts.com. All requests for support should be sent to support@ablewatts.com.
     
  15. California Residents.  The Company is located at 530 Divisadero St #266 San Francisco, CA 94117. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

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