Persons under the age of 18 are prohibited from registering as members. By registering as a member you represent that you are age 18 or older with authorized access to your utility accounts. Members are also required to be residents of the United States of America.
Usage of Utility Data and Building Characteristics
You agree that WegoWise may compile demographic information, utility usage data, and building characteristics relating to your properties and share that data in a number of different formats with third parties for purposes of energy efficiency research and a range of other commercial and non-commercial purposes.
Posting and Use of User Content
You agree not to disclose to any person or entity personally identifiable information about other members that you learn while using this Site without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the below restriction on non-commercial use.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect WegoWise’s systems and customers, or to ensure the integrity and operation of WegoWise’s business and systems, WegoWise may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.
Proprietary Rights in Site
You shall not post, upload, transmit or share any information or other content on the Site that:
- is false, inaccurate or misleading
- is obscene or indecent
- infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party
- is defamatory, libelous, threatening, abusive, hateful, or contains pornography
- contains unsolicited or unauthorized advertisements, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- contains any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
You shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) of WegoWise without WegoWise's express written consent in advance.
You shall not solicit personal information from anyone under the age of 18 or solicit passwords from any member. You shall not use contact information provided by members, or collect email addresses of other information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify WegoWise of any unauthorized use of your membership password or login.
By registering as a member of the Site and using the Site, you agree that WegoWise may compile and use detailed utility-related information about your property for analytics purposes.
Your Linking to Site
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray WegoWise or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not "deep link" or link to any other pages of this Site except the introductory page. You may not use any logo or other proprietary graphic or trademark of WegoWise to link to the introductory page of this Site without the express written permission of WegoWise. This limited right may be revoked at any time.
Links to Other Websites
WegoWise may contain links to other websites that are not under the control of WegoWise. The inclusion of any link does not imply endorsement by WegoWise of such site and WegoWise is not responsible for the content of such linked sites. If you decide to leave the Site and access a third party website, you do so at your own risk.
You agree that WegoWise may, with or without cause, immediately terminate your WegoWise membership and access to the Site (including to User Content you may have posted) without prior notice. Without limiting the foregoing, the following may lead to a termination by WegoWise of a member’s membership and use of the Site:
- requests by law enforcement or other government agencies
- a request by you (self-initiated membership cancellation)
- unexpected technical issues or problems
- extended periods of inactivity
WegoWise has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
To the extent that you or your organization have not agreed to use the Site on a fee payment basis, WegoWise Inc. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. WegoWise does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. WegoWise does not warrant that access to the Site, your or other members’ User Content, other Site content. or services will be uninterrupted or error-free or that defects in the site will be corrected.
The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by WegoWise, and you use such information at your own risk.
You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk.
Limitation of Liability
Under no circumstances shall WegoWise, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.
If you register as a member, you agree that WegoWise may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
Comments and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to WegoWise are non-confidential and that WegoWise shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any User Content or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site
- a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address
- a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
WegoWise’s designated Copyright Agent for notice of claims of infringement
201 South Street, Suite 616
Boston, MA 02111
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to WegoWise’s customer service through [contact link]. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent:
- your physical or electronic signature
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
- a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material
- your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter notification is received by the Copyright Agent, WegoWise may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, WegoWise may, in appropriate circumstances, terminate access, at WegoWise’s sole discretion, of any User that we find to be a repeat infringer of others copyrights. WegoWise may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such User is a repeat offender or not.
Governing Law and Venue
“WegoWise™” and the WegoWise logo are trademarks of WegoWise, Inc. You agree not to display or use these trademarks in any manner without WegoWise’s prior, written permission.
WegoWise may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
please contact WegoWise at:
201 South Street, Suite 616
Boston, MA 02111 or by email: email@example.com