BY ACCESSING AND USING WBH OR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE WEATHERBUG HOME SERVICES.
Earth Networks-WeatherBug (hereinafter “EN” or “we”) operates the world’s largest proprietary weather observation network. Enterprises such as utilities, consumers and government agencies use our real-time, dense set of weather data and products to make informed decisions that are associated with the weather. For instance, weather is a large factor in determining electrical load. Earth Networks is now using this same data set combined with advanced algorithms to provide insight into and improve the control of heating and cooling of structures via our WeatherBug Home (WBH) service. WBH is a new service currently being offered in a series of home and commercial energy programs. These programs use data from your thermostat and from WeatherBug-Earth Networks’ real-time, local weather sensor network to optimize your thermostat settings based on the weather for energy efficiency and grid stability.
There are multiple services (hereinafter “Services”) that may be provided within the WBH program: 1 – WeatherBug Home Connect which allows consumers to pair their connected thermostats with our service to get personalized insights that show how hard your home’s HVAC system is working to keep you comfortable given the weather, and/or link your utility accounts with our service so you can get analysis of total home energy use against the weather; 2 – An energy efficiency solution that optimizes your energy use via your connected thermostat to minimize the energy used to heat and cool your house, helping save you money (“Energy Efficiency Optimization”) while maintaining comfort; 3 – An optional energy efficiency analysis service that provides home energy ScoreCards to consumers with information on their energy use, next month’s bill forecast, suggestions on thermostat schedules and more; and 4 – An emergency service that electric utilities use to smooth the load on the grid to reduce the chance of interruption to electric service, thereby improving grid stability (“Grid Stability”).Earth Networks is collaborating with utilities and connected thermostat providers to bring both WBH services above to market. 5 – Communicating Devices (as defined below) which allow consumers to see appliance usage from participating manufacturers and allows the utility to control these devices during Grid Stability events (“Demand Optimization Events”). EN may get paid by the utility or consumer to provide these services.
- Participation in the WBH Program. WBH offers two main benefits to consumers–Energy Efficiency and Grid Stability. The details of the specific WBH services, benefits, and terms that apply to you depend on your geographic location and the type of structure (i.e. house, apartment, etc.) where you live. Your utility, EN or our partners will notify you of the benefits and terms of the program that are available to you during the sign-up process and in a sign-up confirmation email. The sign-up confirmation email will also include information on how to opt-out of the program. WBH may periodically provide digital messaging to you in an effort to update you on new service offerings as they become available.Energy Efficiency Optimization is the WBH Service whereby WBH manages controlled thermostats for energy efficiency, based on the occupant comfort settings, weather, thermostat data, and smart meter data (where available). If provided by the utility, and/or the manufacturer of a Communicating Device, WBH uses this data to build a thermodynamic model of the house that allows WBH to minimize energy used to heat or cool your house to maintain your comfort settings. Sign up for the WBH program via your thermostat portal or mobile application. Once your home has been modeled and the Service is active, WBH will control your thermostat, and cooling and heating systems, for energy efficiency only given your programmed set points. We will also provide you with a monthly Home Efficiency Score Card that provides insights on your energy usage and suggests ways in which you could reduce your usage and potentially your bills. There are many factors that can influence the degree of efficiency that can be obtained for a given home, including the weather and how the home is situated and constructed. For more information regarding the Energy Efficiency Optimization Service, please go to: http://www.weatherbughome.com .
Grid Stability is the WBH Service whereby WBH manages connected thermostats by shifting heating and cooling load or other Communicating Devices by delaying or curtailing operation to balance electrical grid supply and demand during peak electric days when a grid emergency has been declared by the utility. Your comfort and settings will be maintained as much as possible, and you are likely to be unaware of the shift. The utilities use this service to reduce the possibility of service interruptions and to better manage the load during peak conditions. In order to participate in the Grid Stability Program you must live in the service area of one of our utility providers that is sponsoring a grid stability program. By agreeing to participate in the WBH Grid Stability program you agree to allow WBH, upon instructions from the utility, to modify the control of your Communicating Device as warranted by system load. For more information, see http://www.weatherbughome.com for information regarding the WBH Grid Stability program. If you do not live in one of the areas participating in the WBH Grid Stability Program, you can still take advantage of the energy savings offered by WBH for Energy Efficiency. If a WBH Grid Stability service becomes available in your area, EN may notify you via email of program specifics.
- Your Account and Use of WBH. WBH and Co-Branded Sites may be used only by persons over 18 years of age. You must register to use WBH, including the web and mobile enabled functionality. To register, you must provide the information specified in the registration form (“Registration Data”). By registering, and in consideration for your use of WBH, you represent that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if EN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of WBH; and (iv) you have installed, or will install prior to your use of a Service, a functioning and connected thermostat or Communicating Device, and maintain it in a connected state throughout the Program period in order to participate in the program. Your use of WBH must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. By using WBH you represent that you have the right to provide the information you provide to us, including the consent of third parties when required. In connection with your use of WBH, you and your utility may provide WBH with data about your energy use, including data or information resulting from your use of WBH.
- Limited Use License to WBH. EN grants you a personal, non-transferable and non-exclusive right and license to use WBH and to view and download the Content solely for your internal/personal use, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or access to WBH. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers.” You agree not to modify WBH, or any part thereof, in any manner or form, nor to use modified versions of WBH for the purpose of obtaining unauthorized access to WBH. You agree not to access WBH by any means other than through the interface that is provided by EN expressly for the purpose of accessing WBH. WBH may not be used for any illegal purpose. You may not access our networks, computers, or WBH in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of WBH. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with WBH. No commercial use or redistribution of any Content is permitted.
- Required Connectivity. Some portions of WBH require a data connection between your home and our servers. You must provide this connection, at your sole expense and responsibility. We are not responsible for the availability of this connection or liable for any consequences that may result from the unavailability or quality of such connection. Some portions of WBH may require a connection to your electric, gas, or other utilities (between you and the utilities, the utilities and us, or both). We are not responsible for the availability of these connections or liable for any consequences that may result from the unavailability or quality of such connections. If provided by the utility, you agree to allow us access to your billing and usage information from the utilities for the purpose of our providing that information to you through WBH.
- System Feature Acknowledgements. Devices may automatically download and install software, firmware and other updates. By registering you agree to receive such updates.
- Security. WBH is a secure system designed to require authentication to access and use WBH. Upon registering, you will receive instructions regarding your use of existing user name(s) and password(s) or other authentication method established with your Communicating Device manufacturer or utility, or in the absence of these you may receive a new username and password. Certain other Content, features, or functionalities within WBH may require additional access codes. Your username, password, and any other access codes assigned to you are, collectively, your “Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your Credentials, (ii) not allowing another person to use your Credentials to access WBH, (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Credentials. You agree to (a) immediately notify EN in writing of any unauthorized use of your Credentials or any other breach of security. EN is not and shall not be liable for any harm arising from or relating to the theft of your Credentials, your disclosure of your Credentials, or the use of your Credentials by another person or entity.
- Termination. Your use of WBH is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by EN, your permission to use WBH ends automatically. We may terminate and/or suspend your access to any portion of WBH for any reason. Any such termination or suspension shall be in EN’s sole discretion and may occur without prior notice, or any notice. This suspension or termination may delete information, files and other previously available Content. EN further reserves the right to terminate or suspend any user’s access to WBH or to any portion of WBH for any conduct that EN, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to EN or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. EN further reserves the right to terminate or suspend any user’s access to WBH, or to terminate WBH and/or Services in their entirety, for any reason or for no reason at all, in EN’s sole discretion, without prior notice, and with no liability to you.
- No Archive. WBH is not and shall not function as an archive. EN shall have no liability to you or any other person for loss, damage, or destruction to your information, including, without limitation, any utility bills, usage information or similar. You shall be solely responsible for maintaining independent archival and backup copies of your information.
- Indemnification. You agree to defend, indemnify and hold EN, your utility and their respective parents, subsidiaries, affiliates, distributors and strategic partners and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (hereinafter, the “Indemnified Parties”) (including EN’s, its distributors’ and its strategic partners’, and your utilities’ reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms, and (2) your unauthorized or unlawful use of WBH, Services, or Content, and (3) the unauthorized or unlawful use of WBH by any other person using your Credentials, (4) any Contributions by you, and (5) any third-party actions related to or arising from your receipt or use of WBH or any portion thereof, whether authorized or unauthorized under these Terms.
- Exclusion of Warranties. WBH AND THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF WBH, CO-BRANDED SITES AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH WBH OR THROUGH ANY LINKS PROVIDED BY WBH, INCLUDING CO-BRANDED SITES. THE INDEMNIFIED PARTIES SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH WBH. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH WBH OR CO-BRANDED SITES; OR (2) THE USE OF OR INABILITY TO USE WBH OR CO-BRANDED SITES; OR (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; OR (4) BREACHES OF SECURITY; OR (5) INFORMATION COMMUNICATED THROUGH EMAIL; OR (6) ANY OTHER FAILURE TO PERFORM BY THE INDEMNIFIED PARTIES OR EN’S CONTENT PROVIDERS, OR LICENSORS. NEITHER THE INDEMNIFIED PARTIES DO NOT MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. WBH AND ANY CO-BRANDED SITES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND THE INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATION CONCERNING WBH WHEN USED IN ANY OTHER COUNTRY. THE INDEMNIFIED PARTIES DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH WBH, CO-BRANDED SITES, OR SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE INDEMNIFIED PARTIES MAKE NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY DATA STORAGE FACILITIES OFFERED BY EN, ITS DISTRIBUTORS OR PARTNERS.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY AUTHORIZED USER ON ACCOUNT OF THAT USER’S USE AND/OR RELIANCE ON WBH, CO-BRANDED SITES OR THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WBH, CO-BRANDED SITES, OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON WBH, CO-BRANDED SITES OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN WBH OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON WBH, CO-BRANDED SITES, OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN WBH, CO-BRANDED SITES, OR SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, WBH, CO-BRANDED SITES, OR SERVICES OR THE EN NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES , BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. IF, NOTWITHSTANDING THESE LIMITATIONS OF LIABILITY, THE INDEMNIFIED PARTIES ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU IN ANY WAY, IN NO EVENT SHALL THEIR COLLECTIVE LIABILITY EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO EN, ITS DISTRIBUTORS OR STRATEGIC PARTNERS (AS APPLICABLE) RELATING TO WBH OR ANY CO-BRANDED SITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). YOU AND THE INDEMNIFIED PARTIESAGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND THE INDEMNIFIED PARTIES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, THE INDEMNIFIED PARTIES WOULD NOT PROVIDE WBH OR SERVICES TO YOU.
- Our Proprietary Rights. As between you and EN, EN owns and retains, solely and exclusively, all rights, title, and interest in WBH and all software (including source code and object code), Content, and documentation that is available through WBH or that is used to instantiate WBH (collectively, the “Licensed Materials”). WBH and the Licensed Materials are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. WBH and the Licensed Materials and all intellectual property in WBH and the Licensed Materials belong to and are the property of EN (or its licensors). Without limiting the preceding sentence, EN (or its licensors) owns and retains all copyrights in the Content, individual web pages, components of web pages, and collective works available through WBH.
- General Legal Terms. You agree that EN has the right to make changes to these Terms at any time. We will provide notice of a change to these terms on a Portal and by email, if applicable. You can review the most current version of the Terms at any time at https://weatherbughome.com/weatherbug-home-end-user-license-agreement-eula/. Your continued use of WBH following a change in the terms constitutes your agreement to the changed Terms. You agree that these standards for notice of amendments to these Terms are reasonable. EN may assign this agreement, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without EN’s prior written permission, which it may withhold in its sole discretion. Any attempt to assign your rights under these Terms without EN’s permission shall be void. This Agreement is the entire agreement between you and us relating to WBH and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this Agreement. If there is any conflict between this Agreement and a signed, written agreement between you and us related to WBH, the signed, written agreement will control. Our licensors may be third-party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third-party beneficiaries to this Agreement, the rights and protections provided to us hereunder inure to their benefit. There are no other third-party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this Agreement creates an agency, partnership or joint venture. This Agreement is governed by the law of the state in which your Communicating Device is located, excluding that state’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE STATE IN WHICH YOUR COMMUNICATING DEVICE IS LOCATED. YOU AND WE BOTH CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this Agreement limits either party’s ability to seek equitable relief. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO WBH, SERVICES, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
This policy was last updated on April 26, 2016.