Last Updated: January 18, 2012
Welcome GreenButtonConnect.com user!
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 firstname.lastname@example.org.
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.
(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
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.
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 email@example.com
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.
11.5 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 firstname.lastname@example.org 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.