Terms of Use

https://hanoverparkil-uat.watersmart.com

The web site at the URL (web address) above (the “Site”) is a copyrighted work belonging to WaterSmart Software, Inc. (“Company”, “us”, “our”, and “we”). Company provides at *.watersmart.com a user interface that allows certain authorized individuals and their invitees (authorized via Company’s contract with his or her water service provider, referred to herein as a “Water Service Provider”), to view and analyze water usage data and to receive personalized water saving recommendations and usage alerts (collectively, with all other services provided through the Site, the “Services”). The Site may also enable such persons to view bills from their Water Service Provider, and facilitate the making of payments through a third party payment processor (“Payment Processor”) on our site or on its separate website (the “Payment Services”).

These Terms of Use (this “Agreement”) sets forth the legally binding terms for your use of the Site and Services (if applicable). By accessing or using the Site or Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not access and/or use the Site or Services.

The terms of the Company’s applicable privacy policy for services (“Privacy Policy for Services”) are incorporated into, and considered a part of, this Agreement. Please review here the Privacy Policy for Services applicable to all users of the Company’s Services.

1. ACCOUNTS

1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Company may suspend or terminate your Company Account in accordance with Section 9.

1.2 Account Responsibilities. If you have a Company Account we will protect your Company Account information in accordance with the Privacy Policy for Services and our contract with your Water Service Provider. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. If you elect to add one or more additional or secondary users to your Company Account by entering their names and contact information on the Site, you acknowledge and provide your express consent for such users to view all of the information you can view on the Site including your personally identifiable information (excluding only financial information like credit card, debit card and bank account numbers). You may add additional or secondary users strictly at your own risk, and Company shall have no liability for any losses or damages such users may cause. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3 Authentication Via Social Media Web Sites. Company may permit you to register for or log into the Site or our Services through certain third party social media services, such as Facebook, Google or Twitter (“Authentication Service”), or by logging into your Water Service Provider’s website. By registering for or logging into the Site or our Services using an Authentication Service or your Water Service Provider’s website, you agree that Company may access your account information from the Authentication Service or your Water Service Provider. You agree that any Authentication Service and/or your Water Service Provider’s web site is a Third Party Site (as defined below) and you are solely responsible for your interactions with the Authentication Service or Water Service Provider website when accessing the Site or our Services through either.

2. SITE

2.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Site and Services (if applicable) for your personal, noncommercial use. With respect to Services, no license is granted unless you have been expressly authorized by Company in collaboration with your Water Service Provider; and any applicable authorization and license to use the Services automatically terminates upon any termination of this Agreement or the expiration or termination of our collaboration or commercial agreement with your Water Service Provider.

2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site, Services, facilitation of Payment Services, or any part thereof with or without notice subject to the terms of the commercial agreement with your Water Service Provider. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, facilitation of Payment Services or any part thereof.

2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.

2.5 Water Saving Recommendations and Water Usage Alerts. You may receive on the Site or via email or mail certain recommendations to help you manage or reduce your water use (“Recommendations”). You may also elect to receive certain optional alerts or notifications via telephone, text and/or email regarding your water usage, bill amounts and due dates, or potential leaks (“Alerts”). Recommendations and Alerts are provided as a convenience to you and are based on data and automated processes which the Company believes to be reliable but which may not be accurate in every instance. You should conduct whatever investigation you deem appropriate with respect to any Recommendations and Alerts, and apply your own judgment and common sense (or seek assistance from appropriate professionals) in deciding how to respond to Recommendations and Alerts (or any water-related situations in which you do not receive a Recommendation or Alert). You may rely on Recommendations and Alerts only at your own risk, and under no circumstances will Company be liable for errors in Recommendations or Alerts, or failure or delay in providing Recommendations or Alerts, or any resulting losses or damages.

2.6 Customer Service. . For any customer service needs you should contact your Water Service Provider, not Company. Company shall not be responsible for transmitting any communications or service requests to your Water Service Provider. Even if you receive certain emails which appear to be from Company, please know that emails are from or sent on behalf of your Water Service Provider; and if you reply to such emails Company is not responsible for responding.

3. USER CONTENT

3.1 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. Feedback shall not include Personal Data as defined in the Privacy Policy for Services. To the extent applicable, the foregoing provisions of this Section 3 are subject to our contract with your Water Service Provider and our applicable Privacy Policy for Services as incorporated herein.

4. ACCEPTABLE USE POLICY. THE FOLLOWING SETS FORTH COMPANY‘S ACCEPTABLE USE POLICY:

4.1 You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) conduct or promote any illegal activities; (h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

4.2 We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion (including terminating your Company Account in accordance with Section 9 and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. As indicated in our Privacy Policy for Services, regardless of any choices you make regarding your personal data, WaterSmart may disclose any personal data and any other information if we believe in good faith that such disclosure is necessary or appropriate to comply with relevant laws or to respond to subpoenas or warrants served on WaterSmart or assist law enforcement authorities, or in any litigation involving WaterSmart.

5. INDEMNITY.

YOU AGREE TO INDEMNIFY AND HOLD COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) HARMLESS, INCLUDING WITHOUT LIMITATION FOR REASONABLE DEFENSE COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, OR YOUR AGREEMENTS WITH A PAYMENT PROCESSOR, PAYMENT CARD ISSUER, BANKING INSTITUTION, OR WATER SERVICE PROVIDER. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

6. THIRD PARTY CONTENT, SITES & ADS

6.1 Content from third parties may be made available to you through the Site and/or the Services consistent with our contract with your Water Service Provider. If you are a user of our Services this content has been approved or permitted by your Water Service Provider and is meant to aid in helping you understand and manage your water use. Such content may also include presentment of bills from your Water Service Provider. 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 third parties or violation of any third party rights related to such content.

6.2 The Site might contain links to, or may re-display or otherwise access, third party websites (“Third Party Sites”) to provide additional recommendations and/or information or services related to our Site or Services. Such Third Party Sites, specifically including without limitation any site, API, application or module available on the Site from a Payment Processor, are not under the control of Company and Company is not responsible for any Third Party Sites or Payment Services they may offer. Company provides access to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. This means Company, or your Water Service Provider, will under no circumstances have any liability to you relating to your use of Third Party Sites. When you link to or otherwise access a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices, and you may be required to electronically enter into a separate agreement with such third party before using its website or services. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites. You specifically acknowledge that Payment Services, if available to you, are provided by a third party Payment Processor, and any payment information you enter on our Site or the third party’s web site (such as credit, debit or bank account numbers) will be transmitted to or collected by such Payment Processor; and Company is not responsible for: (i) any of the materials, information, products or services made available to you by the Payment Processor, or (ii) your credit card, debit card, bank account or other financial or personal information received by a Payment Processor.

6.3 Release. You hereby release and forever discharge us (and our officers, directors, employees, agents and representatives, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

7. DISCLAIMERS

THE SITE AND SERVICES, AND ANY THIRD PARTY SITE, THIRD PARTY SERVICES, AND PAYMENT SERVICES (IF OFFERED), ARE PROVIDED AS-IS AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES, OR ANY THIRD PARTY SITE, THIRD PARTY SERVICES, OR PAYMENT SERVICES (IF OFFERED): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

YOU ACKNOWLEDGE THAT YOUR USE OF THE COMPANY’S SERVICES PROVIDED ONLINE MAY BE INTERRUPTED BY CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL INVOLVING THIRD PARTIES, INCLUDING WITHOUT LIMITATION COMPUTER, TELECOMMUNICATIONS, NETWORK, INTERNET SERVICE PROVIDER OR HOSTING FACILITY FAILURES OR DELAYS INVOLVING HARDWARE, SOFTWARE, NETWORKS, OR POWER SYSTEMS NOT WITHIN THE COMPANY’S POSSESSION OR DIRECT CONTROL, AND NETWORK INTRUSIONS OR DENIAL OF SERVICE ATTACKS (COLLECTIVELY, “THIRD PARTY ACTS”). THE COMPANY SHALL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY THIRD PARTY ACTS, INCLUDING, WITHOUT LIMITATION, ANY DELAYS, FAILURES, OR SECURITY BREACHES AND DAMAGES RESULTING FROM OR DUE TO ANY THIRD PARTY ACTS, INCLUDING ANY LOSS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES, SO IF THE LAW OF SUCH A JURISDICTION APPLIES TO YOU IT IS POSSIBLE THAT NOT ALL OF THE ABOVE EXCLUSION MAY APPLY TO YOU.

8. LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, PAYMENT SERVICES, OR ANY THIRD PARTY SITE OR THIRD PARTY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES, PAYMENT SERVICES, AND ANY THIRD PARTY SITE AND THIRD PARTY SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TWENTY U.S. DOLLARS ($20) OR (B) AMOUNTS YOU HAVE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL APPLY NOTWITHSTANDING ANY CONFLICTING PROVISIONS OR ANY FAILURE OF ESSENTIAL PURPOSE WITH RESPECT TO A LIMITATION OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IF THE LAW OF SUCH A JURISDICTION APPLIES TO YOU IT IS POSSIBLE THAT NOT ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY APPLY TO YOU.

9. TERM AND TERMINATION.

SUBJECT TO THIS SECTION, THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE OR SERVICES. EXCEPT AS PROVIDED IN OUR CONTRACT WITH YOUR WATER SERVICE PROVIDER, WE MAY (A) SUSPEND YOUR RIGHTS TO USE THE SITE AND/OR SERVICES (INCLUDING YOUR COMPANY ACCOUNT) OR (B) TERMINATE THIS AGREEMENT, AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITE OR SERVICES IN VIOLATION OF THIS AGREEMENT. UPON TERMINATION OF THIS AGREEMENT, YOUR COMPANY ACCOUNT AND RIGHT TO ACCESS AND USE THE SITE AND SERVICES WILL TERMINATE IMMEDIATELY. COMPANY WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF THIS AGREEMENT, INCLUDING FOR TERMINATION OF YOUR COMPANY ACCOUNT. EVEN AFTER THIS AGREEMENT IS TERMINATED, AND SUBJECT TO ALL APPLICABLE LAWS, THE FOLLOWING PROVISIONS OF THIS AGREEMENT WILL REMAIN IN EFFECT: SECTIONS 2.2, 2.3, 2.4, 3, 4, 5, 6, 8, 9, 10, 11.2, 11.3, 11.4.

10. ELECTRONIC COMMUNICATIONS

We can only provide access to our Site and many of our Services’ features by conducting business through the Internet. Therefore we need you to consent to our giving you Communications electronically. This section 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 non-electronic form. 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. Please keep us informed of any changes in your email address so that you continue to receive all Communications without interruption.
By providing Company with any email address, telephone number (including any mobile phone number), or other such contact information, you are consenting to receive Communications from Company and/or your Water Service Provider relating to the Company’s Services or Water Service Provider’s services at such email address, telephone number or other such contact point.

11. GENERAL

11.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any material changes to this Agreement will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services after we provide notice as indicated above shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all claims or disputes relating to this Agreement, the Services, or the Payment Services, and you shall not file a claim or dispute elsewhere. Notwithstanding the foregoing, Company may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction, in which case you agree to submit the personal jurisdiction of such court(s).

11.3 Entire Agreement. This Agreement (which includes the applicable Privacy Policy for Services and any other rules posted on the Site) constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

11.4 Copyright/Trademark Information. Copyright © 2010-2025, WaterSmart Software, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.