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Opower TERMS OF USE

Welcome to Opower (“Opower,” “we,” or “us”)! We provide the website located at opower.com (the “Site”), as well as a number of related websites and services (collectively, the “Services”), to our users.  The following terms and conditions (the “Terms of Use”) form a binding agreement between You and us, and govern Your use of the Sites and the Services. We partner with utility companies and certain companies that utilities work with (each, a “Utility”) to promote energy efficiency to the Utility’s customers. We provide our users (collectively, “You” or “Your”), many of whom are Utility customers, with the Sites and Services, which include resources and information about energy efficiency. Please note, however, that the Services governed by these Terms of Use do not include Utility Services (defined below), which are governed by separate terms.

In addition to the Services we provide directly to You, we may also serve as a service provider for certain Utilities via a number of different Web sites and/or subdomains, through which those Utilities provide certain online and offline services to their end users (“Utility Services”), including collection, use and dissemination of data and information from those end users.  These companies have entered into separate written agreements with Opower governing those back-end services provided by Opower. These Terms of Use do not apply to those Utility Services.  In each case, it is the Utility providing the Utility Services, not Opower. In those cases, the Utility, not Opower, is responsible for the collection, use and dissemination of any data or personal information provided by, or obtain from, end users of these Utilities and Utility Services, and it is the Utility’s terms of use, not these Terms of Use, that will apply with respect to such data and information.

There may be times when we also offer certain services in conjunction with Your Utility through co-branded websites (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.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND US WITH RESPECT TO THIS AGREEMENT, AS FURTHER DETAILED IN SECTION 15.

Opower may, at its sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is Your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event Your continued use of the Sites following the posting of changes to these Terms of Use constitutes Your acceptance of any changes. We will notify You of any such material changes by posting notice of the changes on the Site, and/or, in Opower’s sole discretion, by email.

  1. USERS. You may simply browse the Sites (a “Visitor’), or You may become a registered user of the Sites as a Utility customer or an employee of a Utility using the Sites or Services in Your capacity as an employee (“Registered User”). Certain features of the Sites are limited to Registered Users. In the event You join our Sites or otherwise provide us with information on the Sites or Services, You agree to only provide us with true, accurate, current and complete information. If we believe or suspect that Your information is not true, accurate, current or complete, we may deny or terminate Your access to the Sites or Services (or any portion thereof). Visitors are not required to provide us information, but if You do so, You agree that any such information will be true, accurate, current and complete information. Visitors agree not to attempt to access Registered User areas of the Sites.
  2. REGISTRATION. To become a Registered User, You must register with us on the portion of the Sites designated for customers of Your Utility, at which point You must provide Your name, email address and select a password (Your “Account Credentials”), which You may not transfer to or share with any third parties. We will verify Your registration using certain information including Your name and Utility account number. If someone accesses our Sites or Services using Your Account Credentials, we will rely on those Account Credentials and will assume that it is really You or Your representative who is accessing the Sites and Services. You are solely responsible for any and all use of Your Account Credentials and all activities that occur under or in connection with Your account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Sites and Your Account Credentials, including without limitation terminating Your access to the Sites or Services, changing Your password, or requesting additional information to authorize activities related to Your registration. In no event and under no circumstances will Opower be held liable to You for any liabilities or damages resulting from or arising out of (i) any action or inaction of Opower under this provision, (ii) any compromise of the confidentiality of Your Account Credentials, and (iii) any unauthorized access to or use of Your Account Credentials. Please notify us immediately at info@opower.com if You become aware that Your Account Credentials are being used without authorization.
  3. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Sites or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Sites according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Sites or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Opower or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Sites or Services will be governed by such third parties’ licenses and not by these Terms of Use.
    Certain materials, information and content made available or displayed on the Sites or sent to You through the Services, and any derivative works thereof, whether made by us or You but in all cases excluding Your Content (collectively, “Content”) are proprietary to us or our licensors and should be considered our confidential information. Subject to these Terms of Use, we hereby grant You a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for Your personal, informational, non-commercial and internal review and solely in accordance with these Terms of Use.  You may not: (i) use the Content or any part thereof to develop products or technologies similar to the products of Opower; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. As between You and us, we retain all right, title and interest in and to the Content, and all related intellectual property rights.  We reserve all rights not granted in these Terms of Use.
  4. YOUR CONTENT. To the extent permitted through any Services, You may have the ability to post, submit, email or otherwise make available on the Sites or the Services certain information, text or materials (“Your Content”). You are entirely responsible for each individual item of Your Content. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Your Content.  You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to Your Content, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content.  You agree that any of Your Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers, except that information You submit directly to us relating to Your interest in a job opening with Opower will be used and disclosed in accordance with our Privacy Statement. You represent and warrant that Your Content will not:
    1. Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
    2. Violate the privacy, publicity, or other rights of third parties;
    3. Violate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
    4. Be false or inaccurate or becomes false or inaccurate at any time;
    5. Be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
    6. Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
    7. Misrepresent Your identity in any way;
    8. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    9. Advocate or encourage any illegal activity; or
    10. Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
    Though we strive to enforce these rules with all of our users, You may be exposed through the Sites or Services to Content that violates our policies or is otherwise offensive. You access the Sites and Services at Your own risk. We may, but are not obligated to, remove Content from the Sites for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for Your exposure to Content on the Sites or through the Services whether it violates our content policies or not. Our discussion forums may be public (or, at a minimum, available to fellow Utility customers), so others may read Your question or comments. Please respect the confidentiality of others.
  5. General Rules of User Conduct. It is our goal to make access to our Sites and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not:
    1. Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Sites or Services; (b) Your use of the Sites or Services, or (c) Your access to the Sites or Services, in each case for any purpose other than for which the Sites or Services are being provided to You;
    2. Conduct or promote any illegal activities while using the Sites or Services;
    3. Upload, distribute or print anything that may be harmful to minors;
    4. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
    5. Attempt to gain access to secured portions of the Sites or Services to which You do not possess access rights;
    6. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
    7. Use the Sites or Services to generate unsolicited email advertisements or spam;
    8. Use the Sites or Services to stalk, harass or harm another individual;
    9. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Sites or Services (including without limitation robots, spiders or scripts);
    10. Interfere in any way with the proper functioning of the Sites and Services or interfere with or disrupt any servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites or Services;
    11. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Sites or the Content contained on any such web page for commercial use without our prior express written permission;
    12. Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
    13. Mirror or frame the Sites or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
  6. FEEDBACK. In the event that You provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Sites or the Services (collectively “Feedback”), You agree we may use the Feedback to modify our Services and that You will not be due any compensation, including any royalty related to the product or service that incorporates Your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether You provide the Feedback on the Sites or through any other method of communication with us, unless we have entered into a separate agreement with You that provides otherwise.
  7. PRIVACY. We know that Your privacy is important. For this reason, we have created a privacy policy (the “Privacy Statement”) that describes our collection, use and disclosure practices regarding any personal information that You provide to us. The security of Your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of Your personal information. However, You understand and agree that such steps do not guarantee that the Sites and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Opower reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of Your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
    As we detail in our Privacy Statement, we may also collect information with or on behalf of Your Utility, including on Co-Branded Sites, in which case You acknowledge and agree that such information will be considered to be collected by both us and Your Utility. While this Privacy Statement governs our use and disclosure of that information, You should be aware that Your Utility may have different practices, and all such information may be used and disclosed by Your Utility in accordance with their own privacy policy. While we do not actively provide Your Personal Information to Your Utility, Your Utility may have access to any information collected on a Co-Branded Sites through its customer service center. We encourage you to review Your Utility’s privacy practices.
  8. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Sites or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Sites and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Sites or Services as so modified. You agree that we, in our sole discretion, may immediately terminate Your access to the Sites and Services at any time, for any reason, in our sole discretion. Please note that if Your access to the Sites and Services is through your employer, your access will be terminated upon Your employer communicating to us that You are no longer an employee of such employer. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
  9. THIRD PARTY CONTENT AND OTHER WEBSITES. Content from other users, suppliers, advertisers, and other third parties may be made available to You through the Sites and/or the Services. Because we do not control such content, You agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Sites and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Sites and/or Services You may be exposed to third-party websites that You find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Sites or Services. We provide these links for Your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Sites and Services may contain links to websites that are operated by us but which operate under different terms of use. It is Your responsibility to review the privacy policies and terms of use of any other website You visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
  10. DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Opower “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Opower MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
    We make no warranty that the Sites or Services will meet Your requirements, or that the Sites and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Sites or Services, or that defects in the Sites or Services will be corrected. You understand and agree that You will be solely responsible for any damage to Your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by You from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
  11. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our 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, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
  12. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Opower, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) Your use of the Sites or Services, including any Your Content (except to the extent prohibited by law); (ii) Your violation of these Terms of Use; (iii) Your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by You into the Sites or Services.
  13. RELEASE. You hereby release Opower, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of the Site. You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and You waive any other similar provision of the laws of any other applicable jurisdiction.
  14. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that You claim has been infringed;
    3. A description of where the material that You claim is infringing is located on the Sites or Services;
    4. Your address, telephone number, and email address;
    5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

    Our copyright agent for notice of claims of copyright infringement on the Sites or the Services can be reached by mail at: Copyright Agent, Opower, Inc., 1515 N Courthouse Rd, 8th Floor Arlington, VA or by email at copyright@Opower.com.
  15. Electronic Communications. We can only give You the benefits of our service by conducting business through the Internet, and therefore we need You to consent to our giving You Communications electronically. This Section 15 informs You of Your rights when receiving Communications from us electronically. For contractual purposes, You (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of Your interactions and transactions with us. The foregoing does not affect Your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw Your consent to receive Communications electronically by contacting us in the manner described below. If You withdraw Your consent, from that time forward, You must stop using the Sites and Services. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time You withdraw Your consent. Please keep us informed of any changes in Your email or mailing address so that You continue to receive all Communications without interruption.
  16. General Terms. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between You and Opower will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or Your use of the Sites or Services must be instituted exclusively in the federal or state courts located in Arlington County, Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to You, and You may not transfer, assign or delegate Your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between You and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
  17. SURVIVAL. Sections 1, 3, 4 through 7 and 9 through 18, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.
  18. CONTACTING US. If You have any questions or concerns about our Site, our relationship with Your Utility, or anything else, please send an e-mail to info@opower.com. We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to info@opower.com or as otherwise expressly provided. Please report any violations of these Terms of Use to info@opower.com.

LAST UPDATED.  November 28, 2011.

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