Last Updated: May 15, 2015
Energy Datametrics, LLC, operating through its HomeSelfe division, helps consumers
conduct an energy and water usage self-assessment of their home and connect with
a variety of service providers (collectively, “Service Providers”). The following
Terms of Use outline your obligations when using Energy Datametrics, LLC’s HomeSelfe
websites, mobile applications, technology and services. In these Terms of Use, Energy
Datametrics, LLC is referred to as “HomeSelfe,” “we,” “us,” or “our”; and you are
referred to as “you” or “your.”
1. ACCEPTANCE OF TERMS
The HomeSelfe Internet site available at www.homeselfe.com, the HomeSelfe mobile
application, all related sites and mobile applications, and the various content,
features, technology and services offered on and in connection with these sites
and applications (collectively, the "Sites and Services") are owned and operated
by Energy Datametrics LLC and can only be accessed and used by you under the Terms
of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY
OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND
USE THE SITES AND SERVICES.
1. MODIFICATIONS OF TERMS OF USE
HomeSelfe may, in its sole discretion, modify these Terms of Use at any time effective
upon posting the modified Terms of Use on and in connection with the Sites and Services,
with or without additional notice to you. You are responsible for regularly reviewing
information posted on the Sites and Services to obtain timely notice of such changes,
and if you do not agree to the amended terms, you agree to immediately stop using
the Sites and Services and to provide HomeSelfe notice to remove you from any distribution
lists or other communication list that are available to you through your use of
the Sites and Services. YOUR CONTINUED USE OF THE SITES AND SERVICES AFTER SUCH
POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY
THE MODIFIED TERMS OF USE.
1. USE OF THE SITES AND SERVICES
Subject to full compliance with these Terms of Use, HomeSelfe grants you a nonexclusive,
nontransferable, nonsublicensable, terminable license to access and use the Sites
and Services for your personal use. You agree to not access, reproduce, duplicate,
copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites
and Services or any of their Content for any purpose except for your personal use
and as described in these Terms of Use, without the express written consent of HomeSelfe.
HomeSelfe may modify, update, suspend or discontinue the Sites and Services, in
whole or in part, in its sole discretion for any or no reason, at any time and with
or without notice. HomeSelfe shall not be liable to you or any other party for any
such modification, update, suspension or discontinuance.
1. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission
or access to any Content, you agree not to use the Sites and Services for any purpose
that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably
intended by HomeSelfe. As used herein, “Content” means any ratings, reviews, communications,
information, data, text, photographs, audio clips, audiovisual works, or other materials,
that are submitted to or accessed from HomeSelfe and/or its Sites and Services.
By way of example, and not as a limitation, you agree not to:
- intentionally or unintentionally violate these Terms of Use, other applicable agreement
with HomeSelfe, and any applicable local, state, national or international law,
and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that
infringes, misappropriates or violates any third party's rights, including, but
not limited to, transmitting any Content that may infringe, misappropriate or violate
a third party's rights of publicity, contractual rights, fiduciary rights or intellectual
property rights;
- use the Sites and Services or its Content for any purposes not authorized by these
Terms of Use, including commercial, political, or religious purposes, including
the submission or transmission of any Content that contains advertisements, promotional
materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the
Sites and Services for any commercial, educational, or any other non-personal purpose,
without the express written consent of HomeSelfe, which consent may be withheld
by HomeSelfe in its sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on HomeSelfe’s infrastructure,
interfere or attempt to interfere with the proper working of the Sites and Services
or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other
person, falsify your contact or other information, misrepresent a relationship with
any person or entity, including misrepresenting a relationship with HomeSelfe, or
otherwise attempt to mislead others as to the identity of the sender or the origin
of Content you submit;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites
and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts,
or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of HomeSelfe
or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services,
or any other systems or networks connected to the Sites and Services or to any server
used by HomeSelfe by hacking, password 'mining' or any other illegitimate or unauthorized
means, including attempting to obtain password, account, or any other personal or
private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information,
or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that
contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other
computer programming routines that are likely or intended to damage, interfere with,
disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services
through artificial means (including but not limited to use any 'deep-link', 'scraper',
'robot', 'spider' or other automatic device, program, algorithm or methodology,
or any similar or equivalent automatic or manual process, or in any way reproduce
or circumvent the navigational structure or presentation of the Sites and Services
or any content, to obtain or attempt to obtain any Content, materials, documents
or information through any means not purposely made available through the Sites
and Services;
- probe, scan or test the vulnerability of the Sites and Services or any network connected
to the Sites and Services, or breach the security or authentication measures on
or of the Sites and Services or any network connected to the Sites and Services.
You may not reverse look-up, trace or seek to trace any information on any other
user of the Sites and Services, or any other customer of HomeSelfe, including any
HomeSelfe account not owned by you, to its source, or exploit the Sites and Services
or any service or information made available or offered by or through the Sites
and Services, in any way where the purpose is to reveal any information, including
but not limited to personal identification information or information other than
your own information, except as expressly authorized by HomeSelfe and provided for
by the Sites and Services; or
- reverse engineer, decompile, or disassemble any of the Sites and Services by any
means whatsoever, or alter, modify, or create a derivative work of the Sites and
Services. You may not remove, alter, or obscure any product identification, copyright,
or other intellectual property notices on the Sites and Services.
1. HOMESELFE ACCOUNT AND OTHER HOMESELFE SERVICES
When using, accessing, or purchasing particular services or features of the Sites
and Services, you shall be subject to any posted agreements, guidelines, or rules
applicable to such services or features that may be posted from time to time. All
such agreements, guidelines, or rules are hereby incorporated by reference into
these Terms of Use.
1. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the
Sites and Services and use certain products and features. We may require that you
provide login information such as a username and password to access and utilize
your account. As a condition of your use of the Sites and Service, you agree to
(a) provide HomeSelfe with true, accurate, current and complete information as prompted
by the HomeSelfe registration forms, when registering for or using the Sites and
Services and (b) update and maintain the truthfulness, accuracy and completeness
of such information. You are responsible for maintaining the confidentiality of
any password or other account information not generally available to others and
you are fully responsible for all activities that occur under your username and
password. While there are limited, legitimate reasons for creating multiple accounts,
creating serial or overlapping accounts may result in account termination in HomeSelfe’s
sole discretion. Please contact us if you have questions about managing multiple
accounts.
1. SUBMITTING CONTENT
As a condition of you submitting any Content or other materials to the Sites or
Services, you agree that:
- you (i) grant to HomeSelfe a royalty-free, perpetual, irrevocable, worldwide, nonexclusive,
transferable, and sublicensable license to use, reproduce, copy, adapt, modify,
merge, distribute, and publicly display such Content, create derivative works from
such Content, and incorporate such Content into other works; (ii) grant to HomeSelfe
all rights necessary to publish or refrain from publishing your name and address
in connection with Content you submit to HomeSelfe; (iii) grant to HomeSelfe the
right to sublicense the foregoing Content and related rights through multiple tiers,
and (iv) acknowledge that this license cannot be terminated by you once your Content
is submitted to the Sites and Services;
- you grant to HomeSelfe all rights necessary to prohibit the subsequent aggregation,
display, copying, duplication, reproduction, distribution, or exploitation of your
Content by any other party;
- your name and report information may be made available to the public and to the
Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content
submitted by you to be used by you, HomeSelfe, and others as described and otherwise
contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in
your Content, if any, (and if a minor, the parent or guardian of the minor) has
provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- HomeSelfe may, in its sole discretion, choose to remove or not to remove reviews
and ratings once published;
- you will not submit any reviews that may be considered by HomeSelfe, in its sole
discretion, to be infringing, harassing, libelous, abusive, threatening, obscene,
profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially,
ethnically or otherwise objectionable, or that violate any relevant law or right
of any other party;
- all of your reviews and ratings will either be based upon (i) your actual first-hand
experiences with the Service Provider you are reviewing or (ii) as provided below,
an individual and that individual's actual first-hand experience with a Service
Provider whereby you have the legal authority to disclose such information and experience
of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will
be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of,
any of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption or marriage, if the Service Provider
is an individual) to any of the Service Providers for which you submit reviews or
ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review
(for example, submitting a review describing a service contractor as "He/She is
great." without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other
users;
- you will not submit reviews with hyperlinks; and
- the reviews and ratings that you provide do not reflect the views of HomeSelfe,
its officers, managers, owners, employees, agents, designees or other users.
1. PUBLICATION AND DISTRIBUTION OF CONTENT
HomeSelfe cannot and does not guarantee the accuracy, integrity, quality or appropriateness
of any Content transmitted to or through the Sites and Services. You acknowledge
that HomeSelfe acts as a passive conduit and an interactive computer service provider
with respect to the publication and distribution of user-generated Content. You
understand that all Content posted on, transmitted through or linked through the
Service, is the sole responsibility of the person from whom such Content originated.
You understand that HomeSelfe does not control, and is not responsible for Content
or Service Provider Content made available through the Sites and Services, and that
by using the Sites and Services, you may be exposed to Content that is inaccurate,
misleading, or offensive. You agree that you must evaluate and make your own judgment,
and bear all risks associated with, the use of any Content.
You further acknowledge that HomeSelfe has no obligation to screen, preview, monitor
or approve any user-generated Content on the Sites and Services. However, HomeSelfe
reserves the right to review, modify and/or delete any Content that, in its sole
judgment, violates these Terms of Use. By using the Sites and Services, you agree
that it is solely your responsibility to evaluate and bear any risks associated
with the use, accuracy, usefulness, completeness or appropriateness of any Content
that you submit, receive, access, transmit or otherwise convey through the Sites
and Services. Under no circumstances will HomeSelfe be liable in any way for any
Content, including, but not limited to, any Content that contains any errors, omissions,
defamatory statements, or confidential or private information or for any loss or
damage of any kind incurred as a result of the use of any Content submitted, accessed,
transmitted or otherwise conveyed via the Sites and Services. You waive the right
to bring or assert any claim against HomeSelfe or any of its affiliates relating
to Content, and you release HomeSelfe and its affiliates from any and all liability
for or relating to any Content. HomeSelfe has no obligation to review, monitor,
or remove any Content or other materials, except as required by law.
You may, however, report Content that you believe violates these Terms of Use or
is otherwise unlawful by sending an email to
helpdesk@homeselfe.com (for copyright complaints, please see below). Please
note that you may be liable for damages (including costs and attorneys’ fees) for
unlawful misrepresentations. If you are uncertain whether an activity is unlawful,
we recommend seeking advice of an attorney.
You agree that HomeSelfe may establish general practices, policies and limits, which
may or may not be published, concerning the use of the Sites and Services, including
without limitation, the time that reviews and ratings will be retained, the maximum
number of reviews and ratings that may be sent from an account, the length of reviews
and ratings sent, and the maximum number of times and the maximum duration for which
you may access the Sites and Services in a given period of time. You agree that
HomeSelfe has no responsibility or liability for the deletion or failure to store
any Content or other materials maintained or transmitted by or through the Sites
and Services. You agree that HomeSelfe has the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
1. SERVICE PROVIDERS
HomeSelfe does not endorse and is not responsible or liable for any Content, data,
advertising, products, goods or services available or unavailable from, or through,
any third party or Service Provider. You agree that, should you use or rely on such
Content, data, advertisement, products, goods or services, available or unavailable
from, or through any third party or Service Provider, HomeSelfe is not responsible
or liable, indirectly or directly, for any damage or loss caused or alleged to be
caused by or in connection with such use or reliance. Your dealings with, or participation
in promotions of any Service Provider, and any other terms, conditions, representations
or warranties associated with such dealings, are between you and such Service Provider
exclusively and do not involve HomeSelfe. You should make whatever investigation
or other resources that you deem necessary or appropriate before hiring or engaging
Service Providers.
Third parties and Service Providers may link or otherwise direct Internet users
to our Sites and Services for the purpose of utilizing one or more of the services
we provide on behalf of others. Additionally, we may provide links or otherwise
direct you to third party or Service Provider websites. HomeSelfe does not control
or operate any such third party or Service Provider websites. Any information you
provide to these third party or Service Provider websites while on these third party
or Service Provider websites is subject to the respective policies of those third
parties or Service Providers, and not HomeSelfe's policies. It is your responsibility
to review such third party or Service Provider policies, including any relevant
privacy policies. You agree that HomeSelfe will not be responsible or liable for,
and does not endorse any content, advertising, goods or services provided on or
through these outside websites or for your use or inability to use such websites.
HomeSelfe does not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other personal information)
you might be requested to give to any third party or Service Provider sites. You
use these third party or Service Provider websites at your own risk.
You (a) agree that HomeSelfe is not responsible for the accessibility or unavailability
of any Service Provider or for your interactions and dealings with them, (b) waive
the right to bring or assert any claim against HomeSelfe relating to any interactions
or dealings with any Service Provider, and (c) release HomeSelfe from any and all
liability for or relating to any interactions or dealings with Service Providers.
Without limiting the foregoing, your correspondence or business dealings with, consumption
of products or services of, or participation in promotions of, third parties or
Service Providers found on or through the use of the Sites and Services, including
payment for and delivery or fulfillment of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings,
are solely between you and such third party or Service Provider. You agree that
HomeSelfe shall not be responsible or liable, directly or indirectly, for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such third parties or Service Providers on the HomeSelfe Sites
and Services.
1. TERMINATION OF ACCESS
HomeSelfe may terminate your privilege to use or access the Sites and Services immediately
and without notice for any reason whatsoever. Upon such termination, you must immediately
cease accessing or using the Sites and Services and agree not to access or make
use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge
that HomeSelfe reserves the right to take all actions, technical, legal or otherwise,
to block, nullify or deny your ability to access the Sites and Services. You understand
that HomeSelfe may exercise these rights in its sole discretion, and these rights
shall be in addition to and not in substitution for any other rights and remedies
available to HomeSelfe.
All provisions of these Terms of Use which by their nature should survive termination
shall survive the termination of your access to the Sites and Services, including,
without limitation, provisions regarding ownership, warranty disclaimers, indemnity,
and limitations of liability.
2. INTELLECTUAL PROPERTY
The Sites and Services are protected by copyright, trademark, and other intellectual
property laws and regulations. HomeSelfe owns the entire right, title and interest
in and to the Sites and Services and in and to any and all associated intellectual
property rights, worldwide.
HomeSelfe, and other Sites and Services’ graphics, images, logos, designs, page
headers, button icons, scripts, domain names, trade names, service names and other
source identifiers are the trademarks, service marks, and trade dress of HomeSelfe
in the United States and foreign countries. You are not permitted to use such trademarks,
trade dress or other intellectual property rights of HomeSelfe, including as part
of other trademarks and/or domain names, keyword advertisements, or email addresses,
or in connection with any product or service in any manner that is likely to cause
confusion.
You should assume all Content and materials made available on the Sites and Services
is protected by copyright law and/or other intellectual property law. Aside from
user-submitted Content, all other materials and other information on the Sites and
Services, including, but not limited to, all text, graphics, logos, icons, images,
audio and video clips, downloads, data compilations and software are the exclusive
property of HomeSelfe and/or its licensors and are protected by all United States
and international copyright and other intellectual property laws.
3. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
HomeSelfe respects the intellectual property rights of others. It is our policy
to respond expeditiously to legitimate claims of copyright infringement and other
intellectual property infringement. We will promptly process and investigate notices
of alleged infringement and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA, or other notices
of intellectual property infringement, we may act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to be the subject of
infringing activity and may act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be infringing. We may
terminate access for users of the Site and Service who are infringers.
Notifying HomeSelfe of Copyright Infringement: To provide us with notice
of an infringement, you must provide a written communication to the attention of
“Site: DMCA Notification Dept.” at info@energydatametrics.com that sets forth the
information specified by the DMCA
(http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys’ fees)
if you materially misrepresent that an activity is infringing your copyright. We
will need the following information from you:
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a detailed description of where the material that you claim is infringing is located
or found on the Sites and Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing HomeSelfe with Counter-Notification: If we remove or disable
access to Content in response to an infringement notice, we may make reasonable
attempts to contact the owner or administrator of the affected content. If your
material has been removed and you feel that your material does not constitute infringement,
you may provide us with a counter notification by written communication to the attention
of “DMCA Counter Notification Dept.” info@energydatametrics.com that sets forth
all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys’ fees)
if you materially misrepresent that an activity is not infringing the copyrights
of others. If you are uncertain whether an activity constitutes infringement, we
recommended seeking advice of an attorney.
4. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other
problems inherent in the use of the Internet and electronic communications. HomeSelfe
is not responsible for any delays, failures or other damage resulting from such
problems.
5. USER FEEDBACK
HomeSelfe appreciates hearing from you, as well as our other users, and welcomes
your comments regarding our Sites and Services. Please be advised, however, that
our policy does not permit us to accept or consider creative ideas, suggestions,
or materials other than those which we have specifically requested in writing. Although
we do value your feedback on our Sites and Services, please do not submit creative
ideas, suggestions or materials. If, despite our request, you send us creative suggestions,
ideas, drawings, concepts or other information (collectively, the "Submissions"),
such Submissions will be the property of HomeSelfe. In addition, none of the Submissions
will be subject to any obligations of confidentiality and HomeSelfe will not be
liable for any future use or disclosure of such Submissions by HomeSelfe or any
other party.
6. WARRANTIES AND DISCLAIMERS
You acknowledge that HomeSelfe has no control over, and no duty to take any action
regarding: which users gain access to or use the Sites and Services; what effects
the Content on or in connection with the Sites and Services may have on you; how
you may interpret or use the Content on or in connection with the Sites and Services;
or what actions you may take as a result of having been exposed to the Content on
or in connection with the Sites and Services. You release HomeSelfe and its affiliates
from all liability arising from your having acquired or not acquired Content or
information through the Sites and Services. The Sites and Services may contain,
or direct you to sites containing, information that some people may find offensive
or inappropriate. HomeSelfe makes no representations concerning any content contained
in or accessed through the Sites and Services, and HomeSelfe will not be responsible
or liable for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Sites and Services. HomeSelfe makes no guarantee
or warranty, express or implied, as to the reliability, accuracy, timeliness or
completeness of that information and assumes no responsibility for any errors or
omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES
ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND
ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HOMESELFE, NOR ITS AFFILIATES,
NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD PARTY CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION
OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED
TO ANY LOST PROFITS, USE, DISCLOSURE, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY
DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HOMESELFE, ANY COMPUTER
VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO,
OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR
CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT
THE SITES AND SERVICES. IN NO EVENT WILL HOMESELFE OR ANY OF ITS AFFILIATES, OR
THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS
BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL
HOMESELFE OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS,
OFFICERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER
PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE
SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM HOMESELFE OR THROUGH OR FROM THE SITES AND SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, HOMESELFE DOES NOT REPRESENT
OR WARRANT THAT (I) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE
SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SITES AND SERVICES SOFTWARE WILL BE CORRECTED. YOU AGREE
THAT FROM TIME TO TIME WE MAY REMOVE THE SITES AND SERVICES FOR INDEFINITE PERIODS
OF TIME, OR CANCEL THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION
OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HOMESELFE AND ITS AFFILIATES
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
HOMESELFE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HOMESELFE HEREBY DISCLAIMS
ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION
IN ANY WAY.
HomeSelfe has no control over and no duty to take any action regarding: other users’
behavior; what effects Content may have on you; how you may interpret or use Content;
or what actions you may take as a result of having been exposed to Content. You
release HomeSelfe and its affiliates from all liability for you having acquired
or not acquired Content through the Sites and Services. Neither HomeSelfe nor any
of its affiliates makes any representations concerning any Content, including the
accuracy thereof, contained in or accessed through the Sites and Services, and neither
HomeSelfe nor any of its affiliates will be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed through
the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because
HomeSelfe has no control over such sites and resources, you acknowledge and agree
that HomeSelfe is not responsible for the availability of such external sites or
resources, and HomeSelfe does not endorse and is not responsible or liable for any
content, advertising, products or other materials on or available from such sites
or resources. You further acknowledge and agree that neither HomeSelfe nor any of
its affiliates shall be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such site or
resource.
7. INDEMNITY
You agree to indemnify, defend and hold harmless HomeSelfe, its affiliates, and
their officers, directors, managers, owners, employees, agents, designees, users,
successors, assigns, service providers and suppliers from and against all losses,
liabilities, expenses, damages, claims, demands and costs, including reasonable
attorneys' fees and court costs due to or arising from: (a) any violation of these
Terms of Use by you; (b) the inaccurate or untruthful Content or other information
provided by you to HomeSelfe or that you submit, transmit or otherwise make available
through the Sites and Services; or (c) any intentional or willful violation of any
rights of another or harm you may have caused to another. HomeSelfe will have sole
control of the defense of any such damage or claim.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMESELFE AND ITS AFFILIATES AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOMESELFE OR
SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY,
"DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO:
(A) THE USE OR INABILITY TO USE THE SITES AND SERVICES; (B) THE COST OF ANY GOODS
AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES;
(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS,
DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT
OR OTHERWISE CONVEY THROUGH THE SITES AND SERVICES; (E) STATEMENTS OR CONDUCT OF
ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES
AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH
OF THESE TERMS OF USE BY HOMESELFE OR THE FAILURE OF HOMESELFE TO PROVIDE THE SITES
AND SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS
YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).
TO THE EXTENT HOMESELFE, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES
AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE
OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100
IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGE
ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS AND
EXCLUTIONS MAY NOT APPLY TO YOU.
9. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the Content on the Sites and Services has significant value
to HomeSelfe and that the damage caused to HomeSelfe for any violation of these
Terms of Use pertaining to such Content will be difficult to accurately estimate.
Thus you shall be liable to pay us the following amounts as liquidated damages,
and you agree that the liquidated damages are a reasonable estimate of HomeSelfe’s
damages for the specified breaches of these Terms of Use:
- If you post Content in violation of these Terms of Use, you agree to promptly pay
HomeSelfe One Thousand Dollars ($1,000) for each item of Content posted in violation
of these Terms of Use. We may (but shall not be required to) to issue you a warning
before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose
any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars
($100) for each record or report that you displayed, copied, duplicated, reproduced,
sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records
or reports from the Sites and Services or otherwise damage, interfere with, disrupt,
impair, disable or otherwise overburden the Sites and Services, you agree to pay
One Hundred Dollars ($100) for each report or record that is aggregated, disrupted,
damaged or otherwise affected by you.
- Except to the extent that HomeSelfe exercises its rights under the foregoing subparagraphs
(a) through (c), inclusive, you agree to pay the actual damages suffered by HomeSelfe,
including, but not limited to attorneys' fees and court costs, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision
of these Terms of Use, we reserve the right to seek the remedy of specific performance
of any term contained herein, or a preliminary or permanent injunction against the
breach of any such term or in aid of the exercise of any power granted in these
Terms of Use, or any combination thereof.
10. NOTICE
By use of the Sites and Services, you consent to receive electronic communications
from HomeSelfe (via email or via a posting on the Sites), and you agree that any
such communications satisfy any legal requirement to make such communications in
writing. You also agree that HomeSelfe may communicate any notices to you under
these Terms of Use, through electronic mail, regular mail or posting the notices
on the Sites and Services. All notices to HomeSelfe will be provided by either sending:
(i) an email to info@energydatametrics.com; or (ii) a letter, first class certified
mail, to Energy Datametrics, LLC, HomeSelfe Division, 6700 E. Pacific Coast Highway,
Suite 201, Long Beach, California 90803, Attn: Member Services. Such notices will
be deemed delivered upon the earlier of the verification of delivery or two (2)
business days after being sent.
11. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference
to these Terms of Use including, without limitation, the Privacy Policy, constitutes
the entire agreement between you and HomeSelfe. It supersedes any prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between you and
HomeSelfe regarding the subject matter contained in these Terms of Use. Additional
terms and conditions may exist between you and third parties, including but not
limited to, Service Providers and others. You represent and warrant that those third
party agreements do not interfere with your obligations and duties to HomeSelfe
under these Terms of Use.
12. GOVERNING LAW
These Terms of Use and the relationship between you and HomeSelfe will be governed
by the laws of the State of California, notwithstanding the choice of law provisions
of the venue where any action is brought, where the violation occurred, where you
may be located or any other jurisdiction. You agree and consent to the exclusive
jurisdiction of the state or federal courts located in California and waive any
defense of lack of personal jurisdiction or improper venue or forum non conveniens
to a claim brought in such courts, except that HomeSelfe may elect, in its sole
discretion, to litigate the action in the county or state where any breach by you
occurred or where you can be found. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out or related to your
use of the Sites and Services or these Terms of Use shall be filed within one (1)
year after such claim or cause of action arose or will forever be barred.
13. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with HomeSelfe,
HomeSelfe may pursue any legal or equitable remedy available, including but not
limited to, direct, consequential, and punitive damages and injunctive relief. HomeSelfe's
remedies are cumulative and not exclusive. Failure of HomeSelfe to exercise any
remedy or enforce any portion of these Terms of Use at any time shall not operate
as a waiver of any remedy or of the right to enforce any portion of the Agreement
at any time thereafter. If any provision of these Terms of Use is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms of Use shall otherwise remain in full force and effect
and enforceable. These Terms of Use are not assignable, transferable or sublicensable
by you except with HomeSelfe's prior written consent. We may transfer, assign or
delegate the rights and obligations under these Terms of Use in whole or in part
without your consent. Users of the Sites and Services are responsible for compliance
with all applicable regulations and laws. No joint venture, partnership, employment
or agency relationship exists between you and HomeSelfe as a result of these Terms
of Use or use of the Sites and Services. You acknowledge and agree that each of
the parties released under Sections 8 and 15 shall be an intended third party beneficiary
of these Terms of Use.
14. CONTACTING US
If you have any comments or questions regarding these Terms of Use, or wish to report
any violation of these Terms of Use, please contact us at
info@energydatametrics.com. We will address any issue to the best of our
abilities.