- USERS. You may simply browse the Sites (a “Visitor’), or You may become a registered user of the Sites as a Utility customer or an employee of a Utility using the Sites or Services in Your capacity as an employee (“Registered User”). Certain features of the Sites are limited to Registered Users. In the event You join our Sites or otherwise provide us with information on the Sites or Services, You agree to only provide us with true, accurate, current and complete information. If we believe or suspect that Your information is not true, accurate, current or complete, we may deny or terminate Your access to the Sites or Services (or any portion thereof). Visitors are not required to provide us information, but if You do so, You agree that any such information will be true, accurate, current and complete information. Visitors agree not to attempt to access Registered User areas of the Sites.
- REGISTRATION. To become a Registered User, You must register with us on the portion of the Sites designated for customers of Your Utility, at which point You must provide Your name, email address and select a password (Your “Account Credentials”), which You may not transfer to or share with any third parties. We will verify Your registration using certain information including Your name and Utility account number. If someone accesses our Sites or Services using Your Account Credentials, we will rely on those Account Credentials and will assume that it is really You or Your representative who is accessing the Sites and Services. You are solely responsible for any and all use of Your Account Credentials and all activities that occur under or in connection with Your account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Sites and Your Account Credentials, including without limitation terminating Your access to the Sites or Services, changing Your password, or requesting additional information to authorize activities related to Your registration. In no event and under no circumstances will Opower be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of Opower under this provision, (ii) any compromise of the confidentiality of Your Account Credentials, and (iii) any unauthorized access to or use of Your Account Credentials. Please notify us immediately at email@example.com if You become aware that Your Account Credentials are being used without authorization.
- YOUR CONTENT. To the extent permitted through any Services, You may have the ability to post, submit, email or otherwise make available on the Sites or the Services certain information, text or materials (“Your Content”). You are entirely responsible for each individual item of Your Content. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Your Content. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to Your Content, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content. You agree that any of Your Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers, except that information You submit directly to us relating to Your interest in a job opening with Opower will be used and disclosed in accordance with our Privacy Statement. You represent and warrant that Your Content will not:
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violate the privacy, publicity, or other rights of third parties;
- Violate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
- Be false or inaccurate or becomes false or inaccurate at any time;
- Be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresent Your identity in any way;
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
- General Rules of User Conduct. It is our goal to make access to our Sites and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not:
- Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Sites or Services; (b) Your use of the Sites or Services, or (c) Your access to the Sites or Services, in each case for any purpose other than for which the Sites or Services are being provided to You;
- Conduct or promote any illegal activities while using the Sites or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Sites or Services to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Sites or Services to generate unsolicited email advertisements or spam;
- Use the Sites or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Sites or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Sites and Services or interfere with or disrupt any servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Sites or the Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
- Mirror or frame the Sites or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- FEEDBACK. In the event that You provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Sites or the Services (collectively “Feedback”), You agree we may use the Feedback to modify our Services and that You will not be due any compensation, including any royalty related to the product or service that incorporates Your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether You provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate agreement with You that provides otherwise.
- MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Sites or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Sites and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Sites or Services as so modified. You agree that we, in our sole discretion, may immediately terminate Your access to the Sites and Services at any time, for any reason, in our sole discretion. Please note that if Your access to the Sites and Services is through your employer, your access will be terminated upon Your employer communicating to us that You are no longer an employee of such employer. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
- DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Opower “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Opower MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
- RELEASE. You hereby release Opower, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of the Site. You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and You waive any other similar provision of the laws of any other applicable jurisdiction.
- COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Sites or 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 owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Sites or the Services can be reached by mail at: Copyright Agent, Opower, Inc., 1515 N Courthouse Rd, 8th Floor Arlington, VA or by email at copyright@Opower.com.
LAST UPDATED. November 28, 2011.