Last Updated: January 18, 2012
Welcome GreenButtonConnect.com user!
Tendril Networks, Inc. ("Tendril" or "we" or "us") provides GreenButtonConnect.com ("the Site") and the Services available on the Site subject to these Terms of Use.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY OTHERWISE USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.
If you agree to these Terms of Use, you represent that you have the necessary capacity to enter into a binding legal contract. If you agree to these Terms of Use on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and your agreement to these terms will be treated as the agreement of the business.
1. PRIVACY. Tendril takes your privacy seriously. We collect and use the information you provide to us in accordance with our Privacy Policy, which also governs your access to the Service. We encourage you to read the Privacy Policy in its entirety.
2. THE SERVICE.
2.1 Description. The Service is a personal energy management platform that connects your electrical usage information directly with the software applications of your choice ("Apps"). Apps may be provided by Tendril or any number of third-party App developers.
2.2 Registration. When you register for the Service, you will be asked to choose a username and a password. You agree that you will be solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You may not impersonate any other person or use a username or password that you are not authorized to use. If you become aware of any unauthorized use under your username, you agree to notify Tendril immediately at security@tendrilinc.com.
2.3 Personal Non-Commercial Use. Subject to your compliance with these Terms of Use, you may access and use the Service for your own personal non-commercial use. Any commercial use of the Service is expressly prohibited without Tendril's prior written consent.
2.4 Third-Parties Apps and Links. Some parts of the Site or Service contain third-party Apps or links to third-party websites. You acknowledge that Tendril is not responsible for the accuracy, security or content of all Apps or links to websites available on the Site or Service.
2.5 Changes in the Service. Tendril reserves the right, in its sole discretion, to add, exclude and discontinue functionality in the Service and to make changes and modifications in the specifications, design and construction of the Service. Tendril also reserves the right to discontinue the Service.
3. RIGHTS YOU GRANT TO US REGARDING YOUR INFORMATION.
3.1 The Service allows you to upload your electrical usage information and collects other information that you choose to provide (collectively "Information"). By submitting Information to Tendril, you are licensing that Information to Tendril for the purpose of providing the Service to you. By submitting Information to Tendril—or allowing Tendril to collect such Information—you represent that you are entitled to submit it to Tendril for use for this purpose, without any obligation by Tendril to pay any fees or other limitations.
3.2 Right to Create and Use Anonymous and Aggregate Data. By using the Service, you expressly authorize Tendril to create from the Information we collect non-personally identifying anonymous or aggregate data and to use and disclose such anonymous or aggregate data in a non-personally identifiable manner. Tendril owns all right, title, and interest in and to the anonymous and aggregate data it creates.
4. INTELLECTUAL PROPERTY OWNERSHIP AND RESTRICTIONS.
4.1 Title. The contents of the Site and Service, including their "look and feel" (e.g. text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including websites) and other material are protected under applicable patent, copyright, trademark and other laws protecting intellectual property. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Service. Tendril and its licensors own all right, title and interest, including all worldwide patent rights, copyrights, trademarks, service marks, trade secret rights, design rights, moral rights and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), in the Site and Service. All rights not expressly granted to you in these Terms of Use are reserved by Tendril.
4.2 Restrictions on Use. In using the Service, you agree to comply with these Terms of Use and all applicable federal, state and local laws. In addition, and without limitation, you agree that you will not:
(a) use or attempt to 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 the Site or Service or any portion thereof, without Tendril's express written consent, which may be withheld in Tendril's sole discretion;
(b) 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 the Site or Service;
(c) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service, including the Site;
(d) attempt to reproduce, modify, adapt, prepare derivative works of, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service;
(e) use the Service, including the Site, to process data or provide any service bureau activity for any third party;
(f) attempt to disable, circumvent or otherwise avoid any security device, mechanism, protocol or procedure established by Tendril;
(g) collect, or attempt to collect, any personal data about other users without their express permission;
(h) post or transmit any message which: (i) is libelous, defamatory, indecent, obscene, pornographic, harassing, or abusive, (ii) encourages conduct that would violate law, (iii) which discloses private or personal matters concerning any person, (iv) would violate the property rights of others, or (v) is otherwise inappropriate;
(i) copy or use personal identifying or business contact information about other users without their permission; or
(j) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.
5. PROVIDING FEEDBACK AND POSTING CONTENT. Various areas of the Service may allow you to post or provide comments, questions, feedback and other content ("Shared Content"). However, by posting or providing "Shared Content" through the Service you agree: (a) you are responsible for all Shared Content you submit to Tendril; (b) you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Shared Content in connection with Tendril and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels; and (c) you hereby grant each user a non-exclusive license to access your Shared Content and to use, reproduce, distribute, prepare derivative works of, display and perform such content.
6. INDEMNIFICATION. You agree to indemnify, and hold Tendril, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Service; (b) your violation of these Terms of Use; (c) your violation of any third party right, including without limitation any Intellectual Property Right or any publicity, confidentiality, property or privacy right; or (d) any claim that your use of the Site or Service caused damage to a third party.
7. No Warranty and Disclaimer. YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TENDRIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, COURSE OF DEALING, TRADE, QUIET ENJOYMENT OR ACCURACY OF INFORMATIONAL CONTENT OR RESULTS OR SYSTEM INTEGRATION) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT. Tendril makes no warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of the Site or Service; (b) that the Site or Service will be error-free or that any errors will be corrected; (c) that the Service will meet your needs or requirements; or (d) that the content that may be available through the Site and 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, intercept or expropriate any system, data, or personal information. No advice or information, whether oral or written, obtained by you from Tendril, will create any warranty not expressly stated in these Terms of Use. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL TENDRIL, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TENDRIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL TENDRIL'S CUMULATIVE LIABILITY TO YOU EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. TERMINATION AND ACCOUNT CANCELLATION.
9.1 Termination. Without limiting any other remedies available to Tendril, Tendril may terminate or suspend the Site, Service or your access thereto at any time and for any reason. You may cancel your account at any time, for any reason by sending an email to tendril-app-dev@tendrilinc.com
9.2 Rights at Termination. Upon termination, all rights granted to you by these Terms of Use will immediately cease. Tendril is not liable to you or any third party for termination of the Site or Service, or termination of your use of the Site or Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Tendril will have no obligation to, maintain any information stored in our database related to your Account or to forward any information to you or any third party.
9.3 Survival. Any suspension, termination or cancellation of the Site or Service will not affect your obligations to Tendril under these Terms of Use (including, without limitation: Rights You Grant Us Regarding Your Information, Providing Feedback and Posting Content, Intellectual Property Ownership and Restrictions, Indemnification, No Warranty and Disclaimer, and Limitation of Liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
10. MODIFICATION. Tendril reserves the right to modify these Terms of Use, at any time and without advance notice. If Tendril modifies these Terms of Use, the modification will be posted on the Site or within the Service. Tendril will also update the "Last Updated Date" in these Terms of Use. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Service, and if applicable, cancel your Account. By continuing to access or use the Site or Service after Tendril makes any such revision, you agree to be bound by the revised Terms of Use.
11. General.
11.1 Entire Agreement. These Terms of Use are the entire and exclusive agreement between Tendril and you regarding the Site and the Service, and supersede and replace any prior agreements between Tendril and you regarding this Service.
11.2 Severability and Waiver. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Tendril to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
11.3 International Trade Compliance. You agree not to export or re-export the Service except in compliance with the export control laws of any relevant jurisdiction.
11.4 Governing Law. These Terms of Use and the relationship between you and Tendril will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Tendril agree to submit to the personal and exclusive jurisdiction of the courts located in Boulder County, Colorado.
11.5 Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by Tendril via email to the address that you provide; (b) by Tendril via a posting on the Site; or (c) by you via email to tendril-app-dev@tendrilinc.com or to such other addresses as Tendril may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
11.6 Questions. If you have questions about these Terms of Use please contact Tendril at tendril-app-dev@tendrilinc.com.