PowerDash Inc. ("PowerDash") provides an on-demand energy monitoring platform, consisting of our website, www.powerdash.com (together with the other websites we own and control, the "PowerDash Websites") and any tools and services offered on the PowerDash Websites (together with the PowerDash Websites, the "Service"). In using the Service, you agree to the following terms.
If you have a separately signed contract with PowerDash and any provision in that contract is found to conflict with this General Website Terms of Service, your separately signed contract will take precedence.
During the subscription term and subject to compliance by you, your PowerDash account users, and end users with these Terms, you have the limited right to access and use the Service consistent with the service plan you subscribe to for your internal business purposes. Without limiting the foregoing, Your right to access and use the Application Programming Interface ("API") is also subject to the restrictions and policies implemented by PowerDash from time to time with respect to the API as set forth in the API documentation or otherwise communicated to you in writing.
You are responsible for compliance with the provisions of these Terms by PowerDash Service account users within your organization and end users and for any and all activities that occur under your account. Without limiting the foregoing, you are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for your purposes.
This Service is provided on an "as is" and "as available" basis without warranties that the site or content will be (i) uninterrupted, timely, secure, or error-free; or that (ii) results from site will be effective, accurate, or reliable. The site may contain occasional technical mistakes, inaccuracies, or typographical errors.
In order to use the Service, you must first agree to these Terms. You may not use the Service if you do not accept these Terms. You can accept the Terms by: (I) clicking to accept or agree to the Terms, where this option is made available to you by PowerDash in the user interface for any Service; or (II) actually using the Service. In this case, you understand and agree that PowerDash will treat your use of the Service as acceptance of the Terms from that point onwards
PowerDash is always trying to improve its Service. You acknowledge and agree that the form and nature of the Service which PowerDash provides may change periodically without prior notice to you. As part of this continuing process of improvement, you acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. Likewise, you acknowledge that PowerDash endeavors to choose the best partners for providing its Service but is not responsible for any interruptions or mistakes on the part of its partners or affiliates.
In order to access certain Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you provide will always be accurate, correct and up to date. You may change or be issued one or more passwords as a registered user of the site. You shall be responsible for maintaining the confidentiality of your password.
You agree to use the Service only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to use PowerDash with the intention of artificially altering the results of the Service. You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by PowerDash including the PowerDash website, widgets, and "official" apps, unless you have been specifically allowed to do so in a separate agreement with us. With the exception of published data feeds offered by PowerDash, you specifically agree not to access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, sell, trade or resell the Service for any purpose.
You agree that you are solely responsible for (and that PowerDash has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which PowerDash may suffer) of any such breach; and you agree to indemnify and hold us harmless from any such loss or damage.In addition, without limiting any of the above, you agree not to use the Service to:
You may display on your own personal or business web site one or more of the data feeds or widgets we make available, subject to these Terms and any additional terms specified as a condition of that use. Except through the proper use of such display devices, you may not republish any PowerDash Content on any Internet, Extranet or Intranet service or incorporate the information in any database or compilation except those used solely by yourself and your family.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless we have agreed otherwise in writing, nothing in the Terms gives you a right to use any of PowerDash’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
We acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with us, you agree that you are responsible for protecting and enforcing those rights and that PowerDash has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service. If you believe those notices are there in error, you will so inform us.
Unless you have been expressly authorized to do so in writing by us, you agree that in using the Service, you will not use any trade mark, service mark, trade name or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
PowerDash respects the intellectual property of others. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give PowerDash a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service.
You agree that this license includes a right for PowerDash to make such Content available to other companies, organizations or individuals with whom PowerDash has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You confirm and warrant to PowerDash that you have all the rights, power and authority necessary to grant the above license.
You agree that in order to provide the Service anticipated hereunder, PowerDash is authorized by you to collect certain information and data with respect to your energy production and/or consumption ("Data") and to share it with third parties as provided herein. PowerDash does not make, and does not have, any claims of ownership or of proprietary rights in the Data it collects from you in carrying out PowerDash's Service (including monitoring and reporting) and agrees that, as between PowerDash and you, you shall own all Data in its original collected form. Notwithstanding the foregoing, you agree that PowerDash is hereby granted a perpetual non-exclusive right to use the Data in aggregated or abstracted form (namely, a form that does not identify, or allow to be identified, your name or address, or the name or address of any of your energy systems) and to supply it to third parties who are not directly connected to or involved with the monitored system. Such unrelated third parties might include research firms, government agencies, and the like. Any additional use beyond the foregoing, requires separate permission by you, which may be obtained using such means as a standard opt-in procedure within the PowerDash online account management system.
PowerDash may make changes to these Terms. When these changes are made, PowerDash will make a new copy of the Terms available at http://www.powerdash.com/terms. You understand and agree that if you use the Service after the date on which the Terms of Service have changed, PowerDash will treat your use as acceptance of the updated Terms.
Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and PowerDash and govern your use of the Service (but excluding any services which PowerDash may provide to you under a separate written agreement), and completely replace any prior agreements between you and PowerDash in relation to the Service. You agree that PowerDash may provide you with notices, including those regarding changes to the Terms, by email or postings on the Service.
You agree that if PowerDash does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PowerDash has the benefit of under any applicable law), this will not be taken to be a formal waiver of PowerDash’s rights and that those rights or remedies will still be available to PowerDash.
You acknowledge and agree to indemnify and hold PowerDash, its affiliates, officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Service or Site, your violation of these Terms, or the infringement by you or made under your PowerDash account(s), of any intellectual property or other right of any person or entity.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with PowerDash under the Terms, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any dispute relating in any way to the Service or these Terms shall be submitted to confidential arbitration in Middlesex or Suffolk Counties, Massachusetts, except that PowerDash may apply for injunctive relief (or other equitable relief) in any jurisidiction, for which purposes you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, jurisdiction in the state and federal courts of Massachusetts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim, action or proceeding by you related in any way to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If you have any comments, questions, requests for assistance, or other messages to communicate to us, please send your message to firstname.lastname@example.org.
Last updated 9/10/2013