Blue Barrel Solutions Inc.(referred to as “Company,” “us” or “we”), provides the WattZero.com website (https://WattZero.com) (collectively referred to as the “Site”), as well as providing consumers with an energy analytics platform which you can use to understand your usage and reduce energy consumption and shop for energy and home services(collectively referred to as “Offerings”), subject to your compliance with the following Terms of Service and Conditions of Use (“Terms”), as well as any other written agreement(s) between you and us.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, or delivering this Site or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE OR THOSE PARTICULAR PRODUCTS, OFFERINGS, OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.
Offerings. The Company provides several Offerings for users on its Site, including an energy analytics platform you can use to understand your usage and reduce energy consumption and shop for energy. The Company works solely as an agent/broker that is required to fulfill the “transaction ”. A “transaction” involves identifying the right service based on your data, getting your approval to share information about your service request with contractors, scheduling the service, and following up to ensure the service experience was excellent. The Company requires access to your information related to your energy contract and account to provide the Offerings. To this effect, you authorize the Company, its managers, employees, and contractors as your designated agent with limited power of attorney to act on your behalf to:
To perform our Offerings, the Company will need access to your energy usage. The Company gains access to your use through a request to Smart Meter Texas for your data. By selecting the services on the Site you authorize the Company, its managers, employees, and contractors to send a request to Smart Meter Texas for your data using your Personally Identifiable Information (“PII”) and such as that found on your energy bill.
Examples of PII may include your first and last name, email address, physical address (including zip code), telephone and facsimile numbers, Smart Meter Texas Data, current energy provider, recent energy contract documents, access to your existing energy provider account, copies of your energy bills, payment history, and other identifying information that a potential Retail Energy Provider requires. We will perform all actions maintaining the Offerings as defined in our Privacy Policy.
On obtaining our request, Smart Meter Texas will send you an email to acknowledge your data sharing agreement with the Company. You are responsible for accepting the agreement. The Company is not liable for non-receipt of email from Smart Meter Texas and our Offerings not functioning in the absence of access to your data.
Using the Offerings, you acknowledge and authorize the Company to enroll the physical address/location identified by you with a selected Retail Energy Provider. You further acknowledge that, when necessary, the representatives of the Company can manually intervene to ensure the successful enrollment or management of energy or home service.
You may use our Offerings to select and sign up for an electricity contract or a home service. The Company provides the Offerings and is not a party to any electricity contract or a home service contract that is procured using the Offering. The Company is not responsible or liable to you in any way, including but not limited to any disputes arising out of the contract between users and third-party Retail Energy Providers or Home Service Providers.
You may choose to enroll in our subscription service and become a “Member” and allow us to manage your electricity purchases on an ongoing basis or conduct a one-off transaction to purchase electricity. As part of our Service, The Company provides curated deals and discounts for home services and products. You may choose to enroll in our Offerings and become a “Member” to avail of these discounts or conduct a one-off transaction to purchase these home services. A complete list of Offerings provided can be viewed on our Solutions Page https://blog.WattZero.com/Offerings.
You must provide accurate, complete, and current information about your energy bills and any other PII as requested by the Offerings. You must also maintain and promptly update any change in such information. Any change in information may be shared with the Company via email, phone, or wherever possible within the Site. Failure to provide accurate and complete information, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, will result in the suspension or termination of your account. We may at will, refuse all current or future use of the Services or any portion thereof. Please note that your information will be handled by us following our Privacy Policy.
No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site. The energy rate described in the energy plan, details of the electricity facts label, terms of service of the plan, and your rights are defined by the signed agreement between you and the Retail Energy Provider that provides the plan. We cannot guarantee the rates or services provided by the third-party vendor. Under no circumstances will the Company be required to issue refunds for our Offerings.
The contract between you and the Retail Energy Provider, including but not limited to service price, contract terms, insurance, and liability, and your rights, are defined by the agreement between you and the Retail Energy Provider. We cannot guarantee the rates or services provided by the third-party vendor. Under no circumstances will the Company be required to issue refunds for our Offerings.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as everyday events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
Fees. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all costs associated with the Offerings.
This Site does not process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Stripe.com. If you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of Offerings.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased. In that case, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal costs.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience. It does not imply endorsement of or association with the Site or party by us any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated in addition to that, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that users can view on our Site and owned by the Company or its Affiliates.
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any intellectual property or other proprietary rights available within the United States and is the sole property of Company or its Affiliates.
The following are registered trademarks, trademarks, or service marks of Company Inc. or its Affiliates: . All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Company Inc. or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, or the name of the Company or its Affiliates.
Certain of the ideas, software, and processes incorporated into the Offerings available on this Site are protected by patent applications pending in the United States. We intend to prepare and file additional patent applications in selected foreign jurisdictions.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this Site will not infringe the rights of third parties.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
Storage Provided by Us. While If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning the use of the Offerings available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the total disk space that will be allotted, and the maximum number of times you may access the services in a given period. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription fee (if applicable), that remain inactive for longer than 90 days, or in cases where you have violated one or more terms of this Agreement.
Login Required. To access some of the Offerings on this Site or post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate.
Passwords & Security. Suppose you register for an account on the Site. In that case, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities or charges incurred under your account. Therefore, you must take reasonable steps to ensure that others do not access your password and account. Our employees will never ask you for your password.
Disclosure to Third Party Affiliates. You grant us the right to disclose to third parties particular Registration Info about you. The information we obtain through your use of this Site, including your Registration Info, is subject to our Privacy Policy, which is expressly incorporated by reference into these Terms of Use.
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE PRECEDING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the 365 days before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. At our own expense, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses.
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in addition to that. Sections 1 and 3-10 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their initiative and at their own risk. Suppose you choose to access this Site from outside the United States. In that case, you are responsible for compliance with local laws in your jurisdiction, including but not limited to the taxation of products purchased over the Internet. Any offer for any product, Offerings, or information made in connection with this Site is void where prohibited.
Governing Law. We control this Site (excluding any Third Party websites) from our offices in the State of Texas, and the statutes and laws of the State of Texas shall be controlling, without regard to the conflicts of laws principles thereof. You agree and submit to the exclusive personal jurisdiction and venue of the Superior Court of the State of Texas or the U.S. District Court for the Southern District of Texas concerning such matters controlled by that court.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at customerservice@wattzero.com, if by email, or to our address at Blue Barrel Solutions, Inc. [Company Address], if by conventional mail. You agree to allow us to submit notices to you either through the email address provided or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. Suppose any part of these Terms is held invalid or unenforceable. In that case, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter and supersede all prior agreements and understandings of the parties concerning it. These Terms may NOT be altered, supplemented, or amended by using any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.