Terms of Use

These Terms of Use were last revised on March 24, 2017.

Welcome to www.wegowise.com (the “Site”), a service for tracking utility usage and costs. The Site is operated by WegoWise, Inc. and its corporate affiliates (collectively, “we”, “us” or “WegoWise”). By accessing or using the Site or by registering for our services individually or on behalf of your organization as a subscriber of the Site (you and, as appropriate, your organization are collectively referred to hereafter as “User”, “you” or “your”) you signify that you have read, understand and agree to be bound by these Terms of Use.You also consent to the collection and use of your information as described in our Privacy Policy, which is incorporated into these Terms of Use by reference, whether or not you register on the Site. If you are unwilling to consent to our collection and use of your Personal Data as described in the Privacy Policy and to accept these Terms of Use you should not use the Site and your subscription will not be activated.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use, or the Privacy Policy, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions. To the extent that these terms are inconsistent or conflict with the terms of any other agreement that you have entered with WegoWise, the terms of that agreement shall supersede these Terms of Use and shall govern.

Subscriber Eligibility

Persons under the age of majority in their jurisdiction are prohibited from registering or subscribing with the Site (either action referred to herein as becoming a “Subscriber”). By becoming a Subscriber you represent that you are at least the age of majority of your jurisdiction with authorized access to the applicable utility accounts that you submit information about on the Site. Subscribers are also required to be residents of the United States of America.

Proprietary Rights in Site

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) are the proprietary property of WegoWise or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without WegoWise’s prior written permission. You are granted a limited, revocable license to access and use the Site and the Site Content in accordance with these Terms of Use, including any member areas to which you have properly gained access, solely for your personal, non-commercial use. You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited, unless otherwise agreed to by WegoWise. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to WegoWise’s intellectual property rights.

User Conduct

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. You may not use the Site to conduct any activity that is illegal or violates the rights of others or any applicable laws, regulations, rules or agreements that you have with third parties.

You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found on the 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 other Subscriber. You shall not use contact information provided by Subscribers, or collect email addresses or other information about our Subscribers, to facilitate the sending of unsolicited bulk communications such as spam or allow others use of your subscription to take such actions.

You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or Site Content (defined below) 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.

Subscription

If you become a Subscriber to any of our services, you agree to provide accurate and complete information about you, the utility accounts to be tracked, the properties to which such accounts relate and any other necessary or relevant information as may be prompted by any forms on the Site in order to provide our services, and you consent to such use. To the extent such information about you, the accounts or the properties subsequently changes, you agree to promptly update such information with the Site to keep it accurate, current and complete. By becoming a Subscriber, you represent and warrant that you have full power and authority to register your organization and agree to these Terms of Use on behalf of the organization.

You are responsible for maintaining the confidentiality of your user 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 Subscriber privileges may be suspended temporarily or terminated. You agree to immediately notify WegoWise of any unauthorized use of your user password or login.

By becoming a Subscriber and using the Site, you agree that WegoWise may compile and use detailed utility-related information about your properties for analytics purposes and may share such data in accordance with our Privacy Policy. Unless otherwise agreed to in any written agreement between you and WegoWise, any subscription shall have a term of 12-months. Termination for any reason except for your breach will take effect at the end of the current month of your subscription, unless otherwise agreed to by you and WegoWise.

In certain circumstances you may authorize a third party to share data regarding you or your utility-related information directly with WegoWise under a shared account. If you are a User of the Site that is providing data on behalf of a third-party, you represent that you have acquired written consent from such third party to provide such data. If you are a User that has a subscription that obtains data and utility-related information about you under a shared account with a third party, you acknowledge that WegoWise may use such data in performance of the services on the Site and acknowledge you have provided access to such third party for such purposes.

Privacy

The WegoWise Privacy Policy is hereby incorporated herein by reference. You agree that you have read, understood and accept the terms of our Privacy Policy, which governs the collection, use and sharing of personal and non-personal information from you when using the Site.

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 publicly available pages. 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.

Subscription Termination

You agree that WegoWise may, with or without cause, immediately terminate or limit your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by WegoWise of a User’s subscription and use of the Site:

  1. non-payment of agreed-upon subscription fees
  2. breaches or violations of these Terms of Use or other WegoWise agreements or guidelines
  3. requests by law enforcement or other government agencies
  4. a request by you (self-initiated membership cancellation)
  5. unexpected technical issues or problems
  6. 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.

Fees

Certain features of the Site may be available only to Users who have a subscription or are authorized by a User to access a User’s subscription. Any fees associated with a subscription, including the method and frequency of payment, invoicing, terms of renewal, conversion and termination will be agreed upon by you and WegoWise at the time of purchase or through a separate agreement, provided that absent such agreement, you will be charged monthly for certain subscriptions via credit card or other agreed-upon payment method, and you hereby consent and approve to such monthly charges.

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, Site Content or services will be uninterrupted or error-free or that defects in the Site will be corrected.

Certain sections of the Site may include advice, recommendations, information and/or conclusions provided by other users or third parties. Any such advice, recommendations, information and/or conclusions are not vetted, approved or endorsed by WegoWise. You use such information at your own risk. Further, WegoWise does not make any warranty regarding the success or cost-savings associated with any advice, recommendations or conclusions that may be offered by WegoWise in connection with your use of the Site. If you choose to act on any such advice, recommendations or conclusions, you do so at your own risk.

You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the 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 the Site or due to your reliance on any of the content contained or the services provided on or through the Site. WegoWise’s aggregate liability to you shall not exceed the amount of fees paid or payable by you or your organization under a subscription within the twelve months immediately prior to the event creating such liability.

Indemnification

You agree to indemnify and hold harmless WegoWise, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the Site, delivery of any data or information to WegoWise by you or a third party authorized by you or your violation of these Terms of Use.

Subscriber Notices

If you become a Subscriber, you agree that WegoWise may send notices to you by email at the email address you provide when registering to become a Subscriber (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.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with your subscription or your use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

Miscellaneous Terms

“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 these Terms of Use or any other agreement with WegoWise 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 your subscription or any agreement (including these Terms of Use) without the express written consent of WegoWise.

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.

The failure of WegoWise to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any that or any instance.

Contact Us

If you have any questions or suggestions regarding these Terms of Use, please contact WegoWise at:

WegoWise, Inc.
20 Ashburton Place, Suite 401
Boston, MA 02108
Massachusetts
or by email: