Welcome – we’re delighted to provide you with this (currently) free service and look forward to getting your feedback. We hope you will find our analyses of your Product Data insightful and useful in improving your content, with the result that you can better find and inform consumers, and SELL MORE!
Terms of Service (TOS) are typically written by lawyers and can be intimidating and impenetrable to many users. So, we’ve done 2 things in writing our TOS:
1. We’ve written in plain English the terms that we think most users will care first and foremost about (their data and contact details), and placed them immediately below under Key Provisions.
2. Alongside the “Necessary Tedious Legalese” below, you’ll see that we’ve provided a “plain English” version.
We encourage you to contact us at firstname.lastname@example.org if you have any questions or concerns, or would like help understanding these Terms of Service.
Your Product Data
By submitting your catalog to our service, you grant us a perpetual license to:
1. Use your catalog to provide you with services and to continually refine our algorithms.
2. Use up to 1% or 100 (whichever is greater) of the products in your catalog as anecdotal, anonymous examples.
2. Create and use derivative works such as charts, which summarize your data in an abstract manner.
Your Personal/Company Information & Relationship with Us
1. You agree to provide account information that reflects who you are, as well as your interest in and use of our Services.
2. Our lawyers have thrown so many “what ifs” and scenarios at us that we’ve reluctantly submitted to their demands that we not give you blanket assurances about the use of your contact details, with the exception that we promise not to sell them. However, we can assure you of our intent to act in an honest, transparent and professional manner and to not abuse your trust in any way.
These Terms of Service constitute a legally binding agreement made between you, whether personal or on behalf of an entity (“you,” or “your”) and Attricorp, Inc. dba FINDWATT (“we,” “us” or “our”), concerning your access and use of https://findwatt.com, related websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We offer and make available various services, features, content, information, software, software as a service, and other materials via the Site (“Services”). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service. YOUR USE OF THIS SITE AND THE SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF SERVICE WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SITE.
Supplemental terms and conditions or documents may be posted on the Site from time to time and expressly incorporated into these Terms of Service by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. When we make any changes, we will update the “Revised” date of these Terms of Service. We encourage you to periodically review these Terms of Service and the site in order to keep apprised of updates. You will be deemed to have been made aware of, accepted, and you will be subject to the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
As previously mentioned, we have attempted to make our Terms of Service easier to read by providing a “plain English” version alongside the “necessary tedious legalese” formal Terms of Service. Please note, however, that if there’s a conflict between the two versions, the “necessary tedious legalese” version will prevail.
1. Grant of Rights; Restrictions on Use
Subject to full compliance with these Terms of Service, we grant you a nonexclusive, nontransferable, non-assignable, revocable, limited right to access and use the Site and Services, provided that you agree NOT to:
- Use the Site if you are under the age of 18 years old. By using the Site, you represent you are not under the age of majority in the jurisdiction in which you reside (generally under the age of 18), of if under the age of majority, you have received permission from your parent or legal guardian to use the Site.
- Access the Site through automated or non-human means, whether by engaging in the practice of screen scraping, data scraping, data mining, or any other activity with the purpose of obtaining information from the Site or that uses web bots or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available via the Site.
- Use the Site or Services for any illegal or unauthorized purpose and your use of the Site or Services will not violate any applicable federal, state, local, or international law.
- Republish, incorporate, or otherwise use the Site to reproduce, distribute, publicly perform, or publicly display any Services without our express written consent.
- Copy, use, reproduce, reverse engineer, record, publish, publicly exhibit, attempt to extract the source code of the software or distribute any software made available on this Site.
- Modify or otherwise make any derivative use of the Site or Services.
- Use the Site or Services to gain advertising or subscription revenue.
- Resell or use the Site for commercial use without our express written consent.
- Introduce any virus, Trojan horse, worm or other malicious technology to the Site, launch any kind of denial-of-service attack on the Site, or otherwise attempt to interfere with the proper operation of the Site or Services.
- Download, store, reproduce, transmit, display, copy, distribute, or use material retrieved from the Site.
You may use this Site as long as you are at least 18 years old and you follow these TOS. You promise not to copy, scrape, or misuse our information. Information you upload to the Site is your responsibility (i.e. cannot upload information for which you do not have authorization to use) and you may not submit false information.
2. Creation of Account and Security
For certain services, you must: (i) create an account; and (ii) provide true, up to date and accurate account information about yourself and/or your property. Each person that is provided with a password and user ID to use the Site must agree to abide by this Agreement and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account. You agree to accept responsibility for all activities that occur under the account feature or password.
The account information you provide must be accurate and appropriate – i.e. you may not sign up using an email address that conceals your true intent and you may not disguise use of our services (e.g. by unjustifiably setting up multiple accounts). Remember that your account (including user name and password) is your sole responsibility.
3. Privacy and Electronic Communications
4. Submission of Feedback
You acknowledge and agree that any questions, comments, suggestions, unsolicited ideas, or other information about us, the Site, or the Services (“Feedback”) submitted by you to us are non-confidential and nonproprietary and it will become our sole property. We will be free to use, reproduce, disclose and distribute such Feedback for any lawful purpose, without limitation and without acknowledgement to you or compensation. You hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
We own the feedback you give us.
5. Third Party Products and Services
The Site may contain (or you may be sent via the Site or Services) links or referrals to other websites, third party products or services, which are not investigated, monitored, or checked for accuracy or appropriateness by us. Your dealings or correspondence with, or participation in promotions of, such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible for liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or from any third-party products or services, and you use such third-party products or services at your own risk. We do not sponsor, endorse, recommend, or approve any such third-party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any third party.
You agree and acknowledge that we do not endorse, recommend, or preapprove any of the products or services offered or available on third party websites. It should also be noted that we do not make any assurance as to the timeliness or accuracy of content provided by any third-party service provider. Additionally, you agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from your purchase of any products or services from third parties or from any contact with third party websites.
When you use our Site, you may see information, content or services provided by other people or companies; please make sure you are careful when using these services. We are not responsible for your interaction with them.
6. Intellectual Property
We retain all right, title, and interest in and to the Services. Nothing herein will be construed to restrict, encumber, alter, deprive, or adversely affect the Services or any of our rights or interests therein or any other of our intellectual property, software, information, documentation, content, processes, or methodologies. Additionally, the Site and Services include both registered and unregistered trademarks, service marks, logos, slogans, designs, and other proprietary information that are our property, including but not limited to text, graphics, software, sounds, as well as the entire look and feel of the Site (“Materials”). Our Materials are privately owned or licensed and all right, title, and interest therein shall remain the property of the owners, licensors, their licensees, successors and assigns thereof. All Materials on the Site are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, or international conventions. The Materials are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or Services and no Materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may browse the Site, download and print content as long as you keep intact all copyright, proprietary statements, and trademark notices. Any violation of these restrictions may result in copyright, trademark or other intellectual property right infringement that maybe subject to civil and/or criminal penalties.
We grant you a limited license to use and enjoy our services, which includes our software, and our other materials, and we want to protect them, so please help ensure that.
7. DMCA Notice
Unless otherwise indicated, the Site and the Services are our proprietary property and protected by United States copyright laws. All rights are reserved. You may not use the Site or Services for anything else that is not allowed under these Terms of Service or the copyright laws of the United States. Additionally, we respect the intellectual property rights of others, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Site. If you believe that any material presented via the Site or Services infringes upon any copyright which you own or control, and you would like to bring it to our attention, you may file a notification of such infringement with us by email to email@example.com. Please see 17 U.S.C. 512(c)(3) for the proper requirements of a takedown notice, which must include (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (ii) an identification of the copyrighted work and the location of the allegedly infringing work; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (iv) your name and contact information, including telephone number and email address; and (v) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any material you submitted, which was removed (or access was disabled), is not infringing, or that you are authorized by the copyright owner’s agent, or by law, to post and use such material, then you may send a counter-notification to firstname.lastname@example.org, acting as our designated copyright agent, containing the following information: (a) your physical or electronic signature; (b) identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (c) a statement that you have a good faith belief the material was removed or disabled as a result of mistake or a misidentification of the material; (d) your name, address, phone number, and email address; (e) a statement that you consent to the jurisdiction of the United States District Court, Central District of California, located in Los Angeles, California; and (f) a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such party that we may replace the removed material in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider or you, the removed material may be replaced or access to it restored, in 14 days after receipt of the counter-notice, at our sole discretion.
We also value your copyright protections. If content that infringes your copyrights is posted on our Site, please let us know immediately and we will rectify it.
WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE QUALITY OR ACCURACY OF OUR SITE OR SERVICES, AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE OFFER THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF THE SITE OR SERVICES. IN ADDITION, WE DON’T MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR SERVICES. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE SITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.
While using our Services, we provide you with a useful tool, which will be valuable and advantageous, but we cannot guarantee that this tool will, without a doubt, assist you on your ultimate goal, nor that it will be 100% accurate and/or that the delivery of the Services will be always on time.
9. User Content
The Site may provide opportunities for you to submit content (“User Content”) via blogs and other community pages in the Site or in connection with the Services.
User Content does NOT include any Data Feed that you upload or send to FindWAtt.
The blogs and other community pages offered via the Site are intended to be a safe and supportive community for all users. If you submit User Content, you represent and warrant that you are the creator of the User Content or have express authority (in advance) from the creator to submit the User Content. You undertake not to upload or publish in the Site any User Content that:
- Is unlawful, harmful, hateful, vulgar, threatening, abusive, harassing, pornographic, obscene, libelous, or otherwise objectionable;
- Infringes upon any third party Intellectual property, including patents, trademarks, trade secrets, copyrights or other proprietary rights of any party;
- Contradicts applicable law or any contractual or fiduciary relationships;
- May be used for unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or commercial solicitation;
- Falsely states or otherwise misrepresents the author or an affiliation with any person or entity;
- Intimidates or harasses another user; or, uses or attempts to use another user's account, service or system, or creates a false identity on the Site.
If you see any inappropriate User Content posted in the Site, please notify us immediately via e-mail at email@example.com.
You acknowledge and agree that User Content becomes automatically public domain and may still be used by others even after your account is terminated (for any reason), without limitation of time, and no claim, suit or demand will be made against us in this context. This approval is deemed to be a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use content in connection with the operation of the Site, the Services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You hereby waive any claims arising from or relating to the exercise of our rights granted hereunder, and you understand that you will not be compensated for any exercise of the license hereby granted.
We do not control or endorse the content, messages, or information found in any User Content and the views and opinions expressed by users of the Site and Services do not necessarily reflect our views; therefore, we specifically disclaim any liability with regard to User Content. We may maintain and store User Content as long as we operate the Site.
When using our public forums please be respectful of others.
Many of our Services let you create, upload, post, send, information. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Note that User Content does NOT include any Data Feed that you upload or send to FindWAtt.
Nothing in this Terms of Service will be construed to place either you or us into an agency, employment, franchise, joint venture, or partnership relationship. You will have no authority to obligate or bind us in any manner and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third party.
Our only relationship with you is that you are our customer/client.
11. Limited Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEY FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE, SERVICES OR OUR FAILURE TO PERFORM OUR OBLIGATIONS, PROVIDED THAT NOTHING IN THESE TERMS OF SERVICE WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. FOR EXAMPLE, WE WILL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE (WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR KNOWN): (i) LOSS OF REVENUE; (ii) LOSS OF ACTUAL OR ANTICIPATED PROFITS; OR (iii) LOSS OR CORRUPTION OF, OR DAMAGE TO, DATA, SYSTEMS OR PROGRAMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW EXCLUSIONS AS BROAD AS THOSE CONTAINED HEREIN, THE ABOVE LIMITATIONS MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES, AS YOUR SOLE AND EXCLUSIVE REMEDY YOU MAY DISCONTINUE USING THE SITE AND SERVICES.
In the unlikely event anything goes wrong, unfortunately, we will not agree to be responsible for any losses or damages you may incur as a result of using the site or services.
You agree to indemnify, defend and hold us harmless, including our officers, directors, employees, agents and third party service providers, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising out of your use of or inability to use the Site, any User Content, your violation of any terms of these Terms of Service, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms of Service and your use of the Site and Services.
If we are sued as a result of something you did (or failed to do), then you will pay for the lawyer we need to hire to defend our interests.
13. Updates and Vailability
With new products, services and features, new changes may be made to the Site and/or the Services from time to time. Although we aim to offer you the best Services, we make no promise or guarantee that we will meet your requirements. We have no control over such matters, and therefore, we cannot guarantee that the Site will be always available. If you believe there is a problem on our end, please do not hesitate to contact us and we will attempt to make any corrections we see fit. Notwithstanding the aforementioned, your access to the Site may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer access to the Site for reasons beyond our control (such as a problem with our provider). In this event, we will attempt to restore the service as soon as reasonably practicable. Any such restrictions or interruptions shall not constitute a breach of these Terms of Service.
There are going to be times when the Site is not available, this could be for a variety of reasons, so please be patient.
14. Termination; Refusal to Provide Services
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease and we may deactivate any user account. Furthermore, we reserve the right not to respond to any requests for information.
We have the right to stop your use of the Site and/or the Services.
15.Governing Law and Dispute Resulution
These Terms of Service are to be construed in accordance with and governed by the laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of California to the rights and duties of the parties. Any legal suit, action or proceeding arising out of or relating to these Terms of Service will be commenced in federal courts in the Northern District of California or in state court in the County of Sonoma, California, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. All disputes, differences, claims, controversies or questions concerning or connected with the interpretation or implementation of these Terms of Service (“Dispute”) shall in the first instance be resolved through good faith consultation between the parties, which consultation shall begin promptly after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve a Dispute within thirty (30) business days following the date of such written request, either party may refer the Dispute to binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”).
We hope that any dispute that comes up can be resolved in an amicable way; but if it doesn’t, we would rather resolve it through arbitration than a formal trial. We will follow the laws of the State of California.
If any provision in these Terms of Service is held to be legally invalid or unenforceable, then both you and us shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or u nenforceable, and these Terms of Service shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result.
If a provision of these terms of service turns out to be unenforceable, we will strike the bad wording and try to come to an agreement.