Terms Of Use

Welcome, this website (or any mobile version thereof) (the "Website") is provided to you by Lowfoot Inc. ("Lowfoot").

The Website allows users who register and create an account ("Members" and each a "Member") to, among other things, track their energy usage, monitor their electricity demand, interact with other Members and review methods and suggestions to help meet their goals (collectively, the "Services").

By using the Website and, in consideration of the mutual benefits to you and Lowfoot relating to your use of the Website and/or becoming a Member and receiving the benefits of the Service, you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a Member. If you wish to become a Member and communicate with other Members and make use of the Services, you are required to carefully read this Agreement and indicate your acceptance of this Agreement by following the instructions set out in the account activation process contained in this Website.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR THE SERVICE.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be amended, varied or modified by Lowfoot at any time and from time to time, all as set out below:

Representations and Eligibility

You must be 18 years of age or older to register as a Member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant to Lowfoot that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use your membership or otherwise assign or transfer your membership to any other person or entity without the express written consent of Lowfoot, which may be arbitrarily withheld. You further warrant and represent to Lowfoot that the information posted from time to time by you in your profile (or otherwise) is posted by you and that you are the sole author of such posted information.

Access

To use the Service, you will be required to create a personal account that will be accessed through the use of a username and a password and which will be strictly used for personal, non-commercial use (the "Account"). In creating your Account, you will provide Lowfoot with certain personal information that is required for the provision by Lowfoot of the Service. You may not create more than one (1) Account. You may not impersonate anyone else or adopt their identity. You must provide accurate and valid information. You will make all reasonable efforts to maintain the security of your username and password and the integrity of your Account and you will immediately advise Lowfoot in writing of any unauthorized use of your username or your password or your Account.

Registration and Accounts

To register for the Service, you must complete the membership registration process by providing Lowfoot with current, complete, and accurate information including your designated e-mail address and a password to access your Account. You are solely responsible for the protection of your password and you acknowledge that you take full responsibility for your (and any third party) use of your Account to access the Service or otherwise. You are solely responsible for any and all activities that occur under your Account. You agree to notify Lowfoot immediately upon learning of any unauthorized use of your Account or any other breach of security. From time to time, Lowfoot support staff (or its authorized agents) may log into your Account in order to maintain or improve the Service, including, without limitation, to provide you with technical assistance and you hereby irrevocably acknowledge and consent to such access. Lowfoot (or its' affiliates or associates) may from time to time send a Member certain marketing messages to the email identified during the registration of the Members' Account. If a Member does not wish to receive such marketing messages, he or she may opt out by updating their Member profile. Under no circumstances shall a Member opt out of receiving administrative notices from Lowfoot.

By creating an Account and becoming a Full Member (as defined in the Membership section of this Website), you will enable Lowfoot to track your historical and ongoing utility data (collectively, the "Data") from the utility provider identified by you during your Account registration process.

Term of Agreement

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time and for any reason by either (a) following the termination procedures set out in the Website or (b) upon receipt by Lowfoot of notice of termination from you in writing or by email. Lowfoot may terminate your membership for any reason at any time without notice to you. If Lowfoot terminates your membership in the Service for breach of this Agreement, you will not be entitled to any total or partial refund of any fees (as may be applicable) relating to your membership or use of the Service. Following termination of this Agreement for any reason whatsoever, you agree to remain bound by the terms and conditions of this Agreement.

Use of Website

Use of this Website is strictly intended for the express personal use of individual Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and/or unauthorized framing of or linking to the Website (or any portions of the Website) will be investigated and, in such case, appropriate legal action will be taken by Lowfoot including, without limitation, civil, criminal and/or injunctive remedies. You agree that we may rely upon all registration or membership data provided to us by you as accurate, current and complete and you acknowledge that Lowfoot reserves the express right to terminate this Agreement and your use of the Service (without any fee refunds where and if applicable) if such registration or membership data is untrue, inaccurate, not current or incomplete in any respect whatsoever.

Limited License

Lowfoot grants you a limited, revocable (in accordance with this Agreement), non-transferrable license (without any rights of sublicense) to access and use the Website and the Data. Such license is subject to the terms of this Agreement and specifically conditioned upon the following: (i) you may only use the Website and the Data for your own informational and personal purposes; (ii) you may not modify or otherwise make derivative uses of the Website, Data or any portions thereof; (iii) you may not use any data mining, robots or similar data gathering or extraction methods; (iv) you may not use the Website or Data other than for their respective intended purposes; and (v) you may not reproduce, prepare derivative works from, distribute or display the Website or the Data (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or the Data without the prior written permission of Lowfoot is strictly prohibited and will terminate the license granted herein. For greater certainty, you shall not sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or otherwise make the Service or Data available to any third party under any circumstances whatsoever.

The Website may contain links to third-party web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a convenience for users. Lowfoot may not have reviewed all Third-Party Sites or Third-Party Content and you acknowledge that Lowfoot is not responsible for the content of any off-site pages or any other sites linked to the Website and your linking to any other off-site pages or other sites accessible from the Website is strictly at your own risk.

Use of Service

You agree that Lowfoot has no responsibility or liability for the deletion, corruption or failure to store any Content (as defined below) maintained or transmitted on this Website or by the Service. You acknowledge that features, parameters or other services provided by Lowfoot may change at any time and from time to time without prior notice to you. You acknowledge that Lowfoot reserves the right to sign out, terminate or delete your Account for being "inactive" as determined in Lowfoot's sole discretion. Your use of the Services is subject to any limitations, conditions and restrictions established by Lowfoot at any time and from time to time and Lowfoot may alter, suspend or discontinue any aspect of the Service at any time including, without limitation, the availability of any Service or Data feature, database or content and Lowfoot may impose limits on certain features and aspects of the Service (or restrict your access to all/parts of the Service) from time to time without notice or liability. Your membership and account details are private and should not be used by anyone else and you are solely responsible for all usage and activity on the Service by users using your password or Account.

Service Fees

Any fees or prices charged by Lowfoot for use of the Service at any time and from time to time will be set out in this Website. Lowfoot expressly reserves the right to change any fees or prices charged for the Service at any time and from time to time without further notice to you.

Proprietary Rights

Lowfoot owns and retains all proprietary and intellectual property rights in the Website and in the Service. The Website contains the copyrighted material, trademarks and/or other proprietary information of Lowfoot and its licensors, partners and/or advertisers. All other trademarks, logos, service marks, company or product names of any third parties set forth in this Website are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by Lowfoot, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information.

Content Posted on the Website

You agree that Lowfoot may review and delete any publicly or privately displayed content, messages, photos, videos, profiles, text or other written or graphical content, materials or communications (collectively, "Content") which does or may, in the sole judgment of Lowfoot, violate the terms of this Agreement or which might be considered offensive or illegal and/or that might violate the rights or otherwise harm or threaten the safety of any Members.

Where applicable, you are solely responsible for the Content that you publish, post or display on the Service or transmit to other Members.

In consideration of providing the Service to you and permitting you to post Content to any area of this Website, where applicable, you automatically grant, and you represent and warrant that you have the right to grant, to Lowfoot an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and/or distribute any Content originally or subsequently posted by you in any public areas of this Website (collectively, "Public Content") and to prepare derivative works of, or incorporate into other works, such Public Content, and to grant and authorize sublicenses of the foregoing. You further waive absolutely any and all moral right to be identified as author of such Public Content posted by you to any area of this Website and any similar rights in any jurisdiction. For purposes of this paragraph, you expressly agree that any Content which you initially post in any private area of this Website, where applicable, and subsequently re-post in any public area of this Website is hereby deemed Public Content and that any Public Content which is subsequently re-posted by you in any private area of this Website shall remain Public Content.

The following is a partial and non-exhaustive list of the kind and type of Content that is illegal or prohibited for posting or use on the Website. Lowfoot expressly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone (including any Member) who violates this provision, including without limitation, removing the offending Content from the Website and the Service and terminating the membership of such violators. This includes, without limitation, Content that:

• (i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
• (ii) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
• (iii) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory and/or libelous;
• (iv) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices or providing pirated music or links to pirated music files;
• (v) contains restricted or "password only" access pages, or hidden pages or images (those not linked to or from another accessible page);
• (vi) provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18;
• (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
• (viii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• (ix) engages in commercial activities and/or sales without the prior written consent of Lowfoot (such as contests, sweepstakes, barter, advertising and pyramid schemes).

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not transmit any chain letters or junk email to other Members. Although Lowfoot cannot monitor the conduct of its Members off the Website, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse or harm another person or in order to contact, advertise to, solicit, or sell to any Member without their prior express consent. In order to protect our Members from such advertising or solicitation, Lowfoot reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Lowfoot deems appropriate in its sole discretion.

Prohibited Practices

In connection with your use of this Website and the Service, you expressly agree that you will not:

• (a) impersonate any person or entity;
• (b) "stalk" or otherwise defame, libel, abuse, harass, threaten or otherwise cause emotional distress or violate the rights of any person (including any Lowfoot employees or customer service representatives);
• (c) commit any criminal or quasi criminal offence, including without limitation, any pornography, hate, assault or economic crime whatsoever or violate any law of any applicable jurisdiction;
• (d) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, violent or unlawful material or information;
• (e) express or imply that any statements you make are endorsed by Lowfoot without our specific prior written consent;
• (f) advertise or offer to sell any goods or services or conduct or forward any surveys, contests or chain letters;
• (g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or this Website;
• (h) remove any copyright, trademark or other proprietary rights notices contained in this Website or in relation to the Service or violate any copyright, trademark or other proprietary or intellectual property rights of others;
• (i) interfere with or disrupt the Services or this Website or the servers or networks connected to the Services or this Website or obtain or attempt to obtain any unauthorized access to the Services or this Website whether by circumvention any authentication or security feature or otherwise or accessing unauthorized data or using an unauthorized account or probing the security of the Service or this Website or attempting to overload the Service or burden its resources by any "denial of service" attacks, "flooding" of networks or other attempts to "crash" a host;
• (j) post, email or otherwise transmit any Content that contains software viruses or any other harmful or other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to this Website or through the Service;
• (l) "frame" or "mirror" any part of the Service, without Lowfoot's prior written authorization and you will not use meta tags, links or code or other devices containing any reference to Lowfoot or this Website or the Service in order to direct any person to any other web site for any purpose; and
• (m) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion or aspect of this Website or the Service or cause others to do so.

Lowfoot reserves the right to report to any appropriate authority any behavior which it (in its' sole discretion) believes is unlawful or in bad faith.

Copyright Matters

You may not post, distribute, display or reproduce in any manner any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Complaint Procedures

You are solely responsible for your interactions with other Lowfoot Members and Lowfoot reserves the right, but has no obligation, to monitor disputes between you and other Members. Should you have any complaints about the use of this Website or the Service by another Member, please contact us by using this form.

Privacy Policy

The personal information (including sensitive personal information) you provide to Lowfoot will be stored on our servers and in our databases. Use of this Website and the Service is expressly governed by our Privacy Policy which details, among other things, the uses to which Lowfoot may make, from time to time, of your personal information and your consent to such uses by us from time to time.

Disclaimers

Lowfoot is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Lowfoot is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Lowfoot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Lowfoot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, browser or other software, failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Lowfoot be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users or Members of the Website, whether online or offline. Both the Website and the Service are provided on an "as is" basis and Lowfoot expressly disclaims any kind of express, implied or statutory warranty or condition including, without limitation, warranties as to merchantability or fitness for a particular purpose or non-infringement. Lowfoot does not and cannot guarantee or promise that any Member will achieve or realize any specific result(s) from use by such Member of the Website and/or the Service. Lowfoot does not warrant that your use of this Website or the Service will be secure, uninterrupted, always available, error-free or will meet your requirements or that any defects in the Service will be corrected and Lowfoot disclaims any liability for, and no warranty is made with respect to, connectivity and availability. It is possible that other Members or users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. Notwithstanding the measures taken by Lowfoot to preserve the security and confidentiality of your personal information (see our "Privacy Policy"), others may (by coincidence or through recognition of your user "nickname") ascertain personal information about you due to your use of the Service and may further use such information to harass or injure you. We are not responsible for the use of any personal information that you directly or indirectly (voluntarily or otherwise) disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

Limitations and Exclusive Remedies

To the maximum extent permitted by law, in no event will Lowfoot be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or financial damages arising out of your communicating and/or meeting with other Members of this Service) arising from your use of the Website or the Service or the inability to use same, even if Lowfoot or its agents have been advised of the possibility of such damages. If you are dissatisfied with this Website or the Service or with these terms and conditions, your sole and exclusive remedy is to discontinue using this Website and the Service. In such event, you agree to destroy all materials obtained by you from using this Website and the Service and all copies thereof. These terms and conditions shall expressly survive any such termination of these terms and conditions.

Jurisdiction

Any disputes arising involving your use of the Website and/or the Service will be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. You expressly consent to the exclusive forum, jurisdiction and venue of the court of Ontario and/or the Federal Court of Canada in Ontario or any other judicial district or jurisdiction as Lowfoot may determine in any and all actions, disputes or controversies relating hereto. The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of the Province of Ontario, Canada.

Indemnification

You agree to defend, indemnify and hold harmless Lowfoot, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of this Website or the Service in violation of this Agreement and/or arising from any breach of this Agreement.

Amendments

LOWFOOT RESERVES THE EXPRESS RIGHT, AT OUR SOLE DISCRETION, TO AMEND, MODIFY OR VARY (COLLECTIVELY, "AMENDMENTS") THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME AND SUCH AMENDMENTS SHALL BE EFFECTIVE UPON POSTING OF SUCH AMENDED TERMS AND CONDITIONS ON THIS WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS OF THIS WEBSITE PERIODICALLY TO BE AWARE OF SUCH AMENDMENTS AND YOUR CONTINUED USE OF THIS WEBSITE AND THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH AMENDMENTS AND AMENDED TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY AMENDMENTS, YOU SHOULD TERMINATE YOUR USE OF THIS WEBSITE AND THE SERVICE.

Notices

Except as otherwise stated in these terms and conditions, Lowfoot reserves the express right to provide notice to you, from time to time, either by mail, e-mail or posting on this Website.

Functional Equivalency

You agree that electronic pages accessed by you on this Website are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK" or "I Accept", "I Agree", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Lowfoot for their content. You accept any records or documents stored or produced by Lowfoot through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you. YOU SHOULD PRINT OUT A HARDCOPY OF THESE TERMS AND CONDITIONS FOR YOUR PERSONAL RECORDS.

Miscellaneous

This Agreement together with any rules, policies, privacy policies, guidelines or other agreements, which are hereby accepted by you upon use of the Website and/or becoming a Member and using the Service, contains the entire agreement between you and Lowfoot regarding the use of this Website and/or the Service and this Agreement supersedes any prior agreement you may have with Lowfoot. The parties have required that these terms and conditions and all documents relating thereto be drawn up in English. No waiver by either Lowfoot or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Lowfoot expressly reserves the right to assign all or any rights or duties under this Agreement to any third party and, in such case, Lowfoot shall be relieved of any and all liability under this Agreement. Where there is any disagreement as to the interpretation and/or effect of any provisions in this Agreement, Lowfoot's determination of such dispute shall be final and binding on you.

© Copyright 2011 Lowfoot Inc. All Rights Reserved.

Last update June 10, 2010