Terms of Use

These Terms of Use were last revised on September 10, 2013.

Welcome to www.wegowise.com (the “Site”), a useful resource 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 individually or on behalf of your organization as a member 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, whether or not you are a registered member of the Site.

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. If you or your organization have entered into a WegoWise Partnership Agreement, the terms of the WegoWise Partnership Agreement shall supersede the terms in these Terms of Use to the extent that the respective terms are inconsistent.

Membership Eligibility

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

The Site may include a social networking interface through which you can post messages and respond to the messages of others. WegoWise does not assert any ownership over the information and content posted or uploaded by its members onto the Site in the community or private areas (“User Content”) and, except for the below license, you retain all rights that you may have in the User Content you post or upload. By posting User Content to the Site you grant, and you represent and warrant that you have a right to grant, WegoWise and our affiliates, subject to the terms of the Privacy Policy and for purposes of operating, developing, and expanding the Site, a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Content. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

You may not post, transmit, or share User Content on the Site that you did not create unless you have permission to post such User Content from the owner of such content. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to WegoWise.

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

All content on the Site (other than your User Content), 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, it licensors, or other Users. 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, except that the foregoing does not apply to your own User Content that you legally post on the Site. You are granted a limited 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. Except for your own User Content, 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. 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 any license to 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 (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.

Membership Registration

If you register as a member of the Site, you agree to provide accurate and complete information about you, the utility accounts to be tracked and the property to which such accounts relate as may be prompted by any registration forms on the Site. To the extent such information about you, the accounts or the property subsequently changes, you agree to promptly update such registration information with the Site to keep it accurate, current and complete. You shall not register for more than one User account or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity. By registering your organization as a member of the Site, 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 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.

Privacy

You agree that you have read, understood and accept the terms of WegoWise’s Privacy Policy. This policy 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 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.

Membership Termination

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:

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

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.

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 this Site or your violation of these Terms of Use.

Member Notices

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:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  2. 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
  3. a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address
  4. 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
  5. 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 is: DeWitt Jones

WegoWise, Inc.
201 South Street, Suite 616
Boston, MA 02111
Massachusets

email:
telephone: 617-367-9346

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:

  1. your physical or electronic signature
  2. 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
  3. 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
  4. 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

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 membership in or 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 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.

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.

Effective Date

These Terms of Use were last revised on September 10, 2013.

Contact Us

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

WegoWise, Inc.
201 South Street, Suite 616
Boston, MA 02111
Massachusets
or by email: