Terms and Conditions

Last updated: April 7, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://bidgely.com website, the HomeBeat web portal, and the HomeBeat mobile application (the “Services”) operated by Bidgely, Inc. (The Company, “us”, “we”, or “our”). You and Your refers to you, the person accessing the Services and accepting the Company’s terms and conditions. Bidgely partners with utility companies (“Utility”) to provide energy-related services to the Utility’s customers.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services.

We may also operate co-branded websites for Your Utility (which are sometimes subdomains of the Site) (“Co-Branded Sites”). These Co-Branded Sites provide services to You by us and Your Utility. Both these Terms of Use and any legal terms of Your Utility will govern Your use of the Co-Branded Sites, and each of our and Your Utility’s privacy policy will also govern any information you provide on the Co-Branded Sites.

Log-in

You acknowledge your log-in credentials and passwords are for your use only. You will ensure that your log-in credentials and password are both kept confidential. You agree to accept sole responsibility for the use and protection of the log-in credentials and passwords. You also agree not to use others’ log-in credentials.

Privacy Statement

To understand our privacy practices, please review the Privacy Policy, which also governs your visit to and use of this website.

Disclaimer – Exclusions and Limitations

You agree that your use of the Services is at your sole risk. Because of the inherent hazards and uncertainties of electricity data and disaggregation, there may be interruptions, delays, omissions, inaccuracies, or other problems with the information provided within the Services. We make no endorsement, representation or warranty of any kind about any content, information, services or recommendations from the Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services. If you rely on the Services, you do so at your own risk.

The Services are provided to you “as is,” “with all faults,” and “as available.” We cannot and do not warrant the accuracy, completeness, usefulness, timeliness, noninfringement, merchantability or fitness for a particular purpose of the information available through the Services, nor do they guarantee that the Services will be error-free, or continuously available, or that the Services will be free of viruses or other harmful components.

Termination of Agreements and Refunds Policy

Both You and the Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Services is deemed to have begun and is, for all intents and purposes, underway. Any payments, if any, that have been made to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using the Services you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links to the Services

You may NOT create a link to any page of the Services without our prior written consent. If you do create a link to a page of the Services you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Services by linking to it.

Links from the Services

The Services may contain links to third­-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of the Services.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. Your accessing of The Services indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Trademark

Bidgely, HOMEBEAT, and the Bidgely LOGO are trademarks of Bidgely, Inc. in the United States. Others marks belong to their respective holders.

Contact Information

Questions, comments, or disputes regarding Terms and Conditions or Bidgely’s Privacy
Policy, or the request to withdraw your consent, should be submitted to the Bidgely
Office by mail to:
Privacy
Bidgely Inc.
110 Pioneer Way, Suite G
Mountain View, CA 94041
Or by e-mail to privacy@bidgely.com
Bidgely’s Privacy Policy is available online at www.bidgely.com/privacy/

Copyright (c) 2017 Bidgely, Inc.