Home Terms of Use

Terms of Use

The web site at the URL (web address) above (the “Site”) is a copyrighted work belonging to Smart Earth Technologies, LLC. (“SET”, “us”, “our”, and “we”). In addition to providing informational content, Company may elect to make available on the Site certain services (the “Services”).

 

These Terms of Use (this “Agreement”) sets forth the legally binding terms for your use of the Site and Services (if applicable). By accessing or using the Site or Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not access and/or use the Site or Services.

 

The terms of the Company’s general privacy policy (the “Privacy Policy”) are incorporated into and considered a part of this Agreement. Please review the Company’s Privacy Policy here.

 

Please note that if you are a user of services offered by the Company in collaboration with your water services provider which relate to your water usage data, a different terms of use agreement and privacy policy apply to you which you should review when logging into said Customer Portal.

 

  1. SITE REGISTRATION

 

1.1 Registration. In order to use certain features of the Site (e.g., to use the Services), you may be required to provide your email address and/or certain information about yourself as prompted by the Site (collectively, “Site Registration”). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Company may suspend or terminate your Site Registration in accordance with Section 9.

 

1.2 Responsibilities. If you have a Site Registration we will protect your Site Registration information in accordance with the Privacy Policy. You are responsible for maintaining the confidentiality of your Site Registration login information (if applicable) and are fully responsible for all activities that occur under your Site Registration. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Site Registration or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

1.3 Authentication Via Social Media Web Sites. Company may permit you to register for the Site or our Services through certain third party social media services, such as Facebook, Google or Twitter (“Authentication Service”). By registering for or logging into the Site or our Services using an Authentication Service, you agree that Company may access your account information from the Authentication Service. You agree that any Authentication Service is a Third Party Site (as defined below) and you are solely responsible for your interactions with the Authentication Service when accessing the Site or our Services through the Authentication Service.

 

  1. SITE

 

2.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Site and Services (if applicable) for your personal, noncommercial use.

 

2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.

 

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

 

2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

 

  1. USER CONTENT

 

3.1 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

 

  1. ACCEPTABLE USE POLICY. THE FOLLOWING SETS FORTH COMPANY’S ACCEPTABLE USE POLICY:

 

4.1 You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) conduct or promote any illegal activities; (h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

 

4.2 We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion (including terminating your Site Registration in accordance with Section 9 and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including without limitation your Site Registration information, username and password if applicable, IP address and traffic information, and usage history.

 

  1. INDEMNITY.

 

YOU AGREE TO INDEMNIFY AND HOLD COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) HARMLESS, INCLUDING WITHOUT LIMITATION FOR REASONABLE COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

 

  1. THIRD PARTY CONTENT, SITES & ADS

 

6.1 Content from third parties may be made available to you through the Site and/or the Services. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties or violation of any third party rights related to such content.

 

6.2 The Site might contain links to third party websites (“Third Party Sites”) to provide additional recommendations and/or information related to our Site or Services. Such Third Party Sites are not under the control of Company and Company is not responsible for any Third Party Sites. Company provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. This means Company will under no circumstances have any liability to you relating to your use of Third Party Sites. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.

 

6.3 Release. You hereby release and forever discharge us (and our officers, directors, employees, agents and representatives, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

  1. DISCLAIMERS

 

THE SITE AND SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON- INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

 

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES, SO IF THE LAW OF SUCH A JURISDICTION APPLIES TO YOU IT IS POSSIBLE THAT NOT ALL OF THE ABOVE EXCLUSION MAY APPLY TO YOU.

 

  1. LIMITATION ON LIABILITY

 

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY).

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IF THE LAW OF SUCH A JURISDICTION APPLIES TO YOU IT IS POSSIBLE THAT NOT ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY APPLY TO YOU.

 

  1. TERM AND TERMINATION.

 

SUBJECT TO THIS SECTION, THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE OR SERVICES. WE MAY (A) SUSPEND YOUR RIGHTS TO USE THE SITE AND/OR SERVICES (INCLUDING YOUR SITE REGISTRATION) OR (B) TERMINATE THIS AGREEMENT, AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITE OR SERVICES IN VIOLATION OF THIS AGREEMENT. UPON TERMINATION OF THIS AGREEMENT, YOUR SITE REGISTRATION AND RIGHT TO ACCESS AND USE THE SITE AND SERVICES WILL TERMINATE IMMEDIATELY. COMPANY WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF THIS AGREEMENT, INCLUDING FOR TERMINATION OF YOUR SITE REGISTRATION. EVEN AFTER THIS AGREEMENT IS TERMINATED, THE FOLLOWING PROVISIONS OF THIS AGREEMENT WILL REMAIN IN EFFECT: SECTIONS 2.2, 2.3, 2.4, 3, 4, 5, 6, 8, 9, 10, 11.2, 11.3, 11.4.

 

  1. ELECTRONIC COMMUNICATIONS

 

We can only provide access to our Site and many of our Services’ features by conducting business through the Internet. Therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. Please keep us informed of any changes in your email address so that you continue to receive all Communications without interruption.

 

  1. GENERAL

 

11.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any material changes to this Agreement will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services after we provide notice as indicated above shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

11.2 Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all such claims or disputes, and you shall not file a claim or dispute elsewhere. Notwithstanding the foregoing, Company may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction, in which case you agree to submit the personal jurisdiction of such court(s).

 

11.3 Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site) constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

11.4 Copyright/Trademark Information. Copyright © 2019, Smart Earth Technologies, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.

 

These Terms of Use were last revised on October 25, 2019