1. Accepting the Terms
By using the information, tools, features and functionality located on VisibleEnergy.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the VisibleEnergy.com website) or you are a "Member" (which means that you have registered with Visible Energy). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Visible Energy.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about Visible Energy's data protection practices, please read Visible Energy's
Privacy and Security Policy. This policy explains how Visible Energy treats your personal information, and protects your privacy, when you access VisibleEnergy.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Service allows Members to track, visualize, understand, and change their energy use on VisibleEnergy.com. Based on such information, the Service may also present information relating to third party products or services ("Visible Energy Offers").
The Service is provided to you by Visible Energy without charge and is meant as an aid to assist you in understanding and managing your energy use. It is not intended to provide any other advice.
4. Account Information from Third Party Sites
With the Service, Members may direct Visible Energy to retrieve their own information maintained online by third-party institutions with which they have customer relationships or maintain accounts or engage in financial transactions ("Account Information"). Visible Energy makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Visible Energy is not responsible for the products and services offered by or on third-party sites.
Visible Energy cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Visible Energy cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
5. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
6. Your Use of the Service
Your right to access and use VisibleEnergy.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use VisibleEnergy.com for lawful purposes.
Accurate records enable Visible Energy to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of VisibleEnergy.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of VisibleEnergy.com or other actions that Visible Energy, in its sole discretion, may elect to take.
7. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, "Accounts Content") you provide to us through the Service, you are licensing the Accounts Content to Visible Energy solely for the purpose of providing the Service. Visible Energy may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to Visible Energy for use for this purpose, without any obligation by Visible Energy to pay any fees or other limitations.
By using the Service, you expressly authorize Visible Energy to access your Account Information maintained by identified third parties, on your behalf as your agent. Visible Energy will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Visible Energy to use information submitted by you to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Visible Energy a limited power of attorney, and appoint Visible Energy as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Visible Energy IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Visible Energy IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
8. Visible Energy's Intellectual Property Rights
The contents of VisibleEnergy.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of VisibleEnergy.com belong or are licensed to Visible Energy, Inc. or its software or content suppliers. Visible Energy grants you the right to view and use VisibleEnergy.com subject to these terms. You may download or print a copy of information provided on VisibleEnergy.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from VisibleEnergy.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
9. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor VisibleEnergy.com or any portion of VisibleEnergy.com, without VisibleEnergy's express written consent, which may be withheld in Visible Energy's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search VisibleEnergy.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of VisibleEnergy.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of VisibleEnergy.com or the Service.
10. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH VisibleEnergy.com OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Visible Energy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF VISIBLEENERGY.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Visible Energy MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON VISIBLEENERGY.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Visible Energy MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
11. Limitations on Visible Energy's Liability
Visible Energy SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO VisibleEnergy.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Visible Energy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Visible Energy'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
12. Your Indemnification of Visible Energy
You shall defend, indemnify and hold harmless Visible Energy and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
13. Your Relationship with Visible Energy
Visible Energy may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Visible Energy in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
14. Modifications
Visible Energy may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the VisibleEnergy.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes
This Agreement, and your relationship with Visible Energy under this Agreement, shall be governed by the laws of the State of Arizona without regard to its conflict or choice of laws provisions. Any dispute with Visible Energy, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Arizona within the county of Coconino, Arizona, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Visible Energy may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Visible Energy is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Visible Energy, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
16. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Visible Energy does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Visible Energy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Visible Energy's rights and that those rights or remedies will still be available to Visible Energy.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Visible Energy regarding the subject matter of the same, and supersedes all other previous agreements.