Terms & Conditions
 

1. Introduction

 

Our terms and conditions set forth below (the “Terms”) govern all use of WattCarbon Services (as defined below).

 

Your agreement with us includes these Terms, the Privacy Policy, and the Subscription Service Level Agreement (the “Agreements”). You acknowledge that you have read and understand the Agreements and agree to be bound by them.


 

2. Description of WattCarbon and the Services

 

WattCarbon, Inc., a Delaware corporation (“WattCarbon,” “We,” “Us,” “Our”), maintains a carbon accounting platform (the “Platform”) to provide Subscribers with:

  • tools to submit information about buildings, structures, energy resources, or other carbon-related assets (“Assets”);

  • information and analysis related to the carbon carbon emissions of Assets (the “WattCarbon Report”); and

  • tools to make purchases connected to environmental impact mitigation.

 

We refer to these services collectively as the “Services”.

 

WattCarbon aims to keep our data and platform accurate, current, and up to date. However, we cannot guarantee that all of the information we provide will be current and accurate.


 

3. Amendments to Terms

 

We may amend Terms at any time by posting the amended terms on our website, available here. It is your responsibility to review these Terms periodically.

 

Your continued use of WattCarbon following the posting of revised Terms means that you accept and agree to the changes.


 

4. Accessing to the Services

 

In order to use and/or access the Services, you may be required to register an account with WattCarbon. You may be asked to input and/or upload information about your Assets, including, but not limited to, geographical location, size, energy consumption or capacity.


 

5. Communications

 

By creating an account with WattCarbon, you agree to receive newsletters, marketing, or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at unsubscribe@wattcarbon.com.


 

6. Fee Changes

 

WattCarbon, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

WattCarbon will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of the Services after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.


 

7. Refunds

 

Except where required by law, paid Subscription fees are non-refundable.


 

8. Account Information and Security

 

You consent to all actions we take with respect to your information in compliance with our Privacy Policy. 

 

You are entirely responsible for any and all activities that occur under your account. You may not use a third party’s account at any time.

 

You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or log-in credentials, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

 

We reserve the right to refuse registration of, or cancel, a user at our sole discretion. We have the right to disable any username or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.


 

9. Changes to the Platform

 

We reserve the right to withdraw or amend the Platform, and any Service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some of, or the entire, Platform, to users, including registered users. 


 

10. Reliance on Information Posted

 

We do not warrant the accuracy or completeness or usefulness of any information on the Platform, including any documents that are posted for use on the Platform or through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on such information by you or any other visitor to the Platform, or by anyone who may be informed of its contents.

 

The Platform may include content, data, or derived data provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.


 

11. Ownership

 

The Platform is owned and operated by WattCarbon. All right, title, and interest in and to the materials provided on the Platform, including but not limited to information, documents, logos, graphics, sounds, images and video (“Materials”) are owned by WattCarbon or its affiliates, third party authors, developers, vendors, or third parties (“Third Party Providers”). None of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Platform shall be construed to confer any license under any of the WattCarbon’s intellectual property rights. Any rights not expressly granted herein are reserved by WattCarbon, Inc.


 

12. Intellectual Property Rights.

 

Each Party shall retain all rights, title and interest in any Intellectual Property Rights. The rights granted to You to use the Service(s) under this Agreement do not convey any additional rights in the Service(s) or in any Intellectual Property Rights of WattCarbon associated therewith. Subject only to limited rights to access and use the Service(s) as expressly stated herein, all rights, title and interest in and to the Services and all hardware, software and other components of or used to provide the Services, including all related Intellectual Property Rights, will remain with WattCarbon and belong exclusively to WattCarbon.

 

WattCarbon shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You or other third parties acting on Your behalf. WattCarbon also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by suggestions, enhancement requests, recommendations or other feedback We receive from You or other third parties acting on Your behalf.


 

13. Disclaimer of Warranty

 

This site and Services are provided by WattCarbon on an "as is" and "as available" basis. WattCarbon makes no representations or warranties of any kind, express or implied, as to the operation of this site, or the information, content or materials included on this site. You expressly agree that your use of this site, the services, its content, and any Services or items obtained through the Platform is at your sole risk.

 

Neither WattCarbon nor any person associated with WattCarbon makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither WattCarbon nor anyone associated with WattCarbon represents or warrants that the services, its content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

 

WattCarbon hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.


 

14. Limitation of Liability

 

Except as prohibited by law, you will hold WattCarbon and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this Agreement, including without limitation any claim for personal injury or property damage, arising from this Agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if WattCarbon has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of WattCarbon, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.


 

15. Governing Law and Jurisdiction

 

All matters relating to the Platform and Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Delaware.

 

Any legal suit, action or proceeding arising out of, or related to, Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

At WattCarbon’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.


 

16. Waiver and Severability

 

No waiver by WattCarbon of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WattCarbon to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.


 

17. Entire Agreement

 

The Agreement together with the Privacy Policy and Subscription Services Level Agreement constitutes the sole and entire agreement between you and WattCarbon with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.


 

18. Acceptance of Terms

 

Terms are entered into by and between you and WattCarbon, and they govern your access to and use of the Platform and all related services, and all updates and revisions thereto, including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.

 

This Agreement remains in full force and effect while you use the Platform. We may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply stop using the Platform, not renew your subscription, or contact us at support@wattcarbon.com. All provisions of Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


 

19. Acknowledgment

 

By using the Platform or other Services provided by WattCarbon, you acknowledge that you have read these terms of use and agree to be bound by them.