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Account Creation

Welcome to Western Mass Saves. In order to complete registration, Users of the Site (“Users”) must indicate that they have read and agreed to the Terms and Conditions (“Terms”) of use. Please read these Terms carefully. Users of the Site must be residents of Western Massachusetts, with an address that contains a Western Massachusetts zip code number, and must be age 13 and over.

By accessing or using the Western Mass Saves Web Site (“Western Mass Saves Web Site”) you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered User of the Western Mass Saves Web Site. Western Mass Saves reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice; any such change, modification, addition or deletion will be effective when it is posted on the Western Mass Saves Web Site.

Files Uploaded to the Site

The Site Users may upload photos and various other files to the Site. All Users must comply with copyright and similar laws and must not infringe on the rights of others. Note, however, that Western Mass Saves does not monitor in any manner whether Users are complying with those laws or honoring those rights, and Western Mass Saves is not responsible for protecting the copyright, license or other similar rights of any User.

Users agree not to use the Site to upload files or content that is copyrighted by parties other than the Users uploading the files or content. Western Mass Saves reserves the right to suspend or otherwise terminate file or content exchanges it believes infringe on the rights of others under copyright law or other applicable law.

Please see the section titled “Copyright Complaints” if you believe a file has been uploaded or downloaded illegally using the Site.

By uploading files to publicly accessible areas of the Site (including Profiles), you grant Western Mass Saves worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s) to use and publicly display such content on the Site in connection with the Site, the operation of the Site and in connection with Western Mass Saves’ operations. This license exists only for as long as you elect to continue to include such content on the Site and will terminate at the time you remove or Western Mass Saves removes such content from the Site. Western Mass Saves does not claim any rights to a User’s files other than the right to display it in the Site and the rights set forth above.

Copyright Complaints

If you believe that any material on the Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name and contact information of Agent Designated to Receive Notification of Claimed Infringement:

Bruce Temkin
100 Pearl Street 14th Floor
Hartford, Connecticut 06103, USA
E-Mail Address of Designated Agent: btemkin@brucetemkin.com

To meet the notice requirements under the Digital Millennium Copyright Act (“DMCA”), the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Maintaining the Integrity of the Community

Western Mass Saves believes that the Site should be a positive, empowering environment that encourages cordial behavior and activity among its Users.

Western Mass Saves reserves the right, without prior notice to affected Users, to remove material (including, but not limited to photos, text, files, User submissions, User profiles, and User accounts) from the Site because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of Western Mass Saves, to be objectionable or incompatible with these Terms and/or the goals of the Site.

Users’ Agreement not to use the Western Mass Saves Web Site for certain purposes:

Users agree not to use the Site to upload, post, email, transmit or otherwise make available any content that Western Mass Saves, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation, except for the placement of Western Mass Saves advertisements using the Western Mass Saves Advertising System, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of eco-friendly activities, events or other related content, as determined by Western Mass Saves, in its sole discretion; send unsolicited email advertisements to Western Mass Saves Web Site User email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User; or use or attempt to use another User’s account, service or system without prior written authorization from Western Mass Saves, or create a false identity on the Site.

Privacy

All Users must comply with the Western Mass Saves Privacy Policy. Western Mass Saves takes the privacy of the Site Users very seriously. Western Mass Saves does not share User information (including information Users enter as part of their Profiles) without prior written consent from Users. Western Mass Saves does not share User information with marketers or advertisers; however, Western Mass Saves may do so in the aggregate without making reference to or identifying individual Users or their contact information.

An important part of the Site is the informational profiles Users receive upon registration. Users can choose what information they would like to make public by adding it to their Profiles, and such information will be visible to other Users of the Site.

Users agree not to share, syndicate, reproduce, or otherwise disseminate the information from another User’s Profile or other information exchanged via communication facilitated by the Site without the express written consent of that User.

Users are not licensed to add other Western Mass Saves Web Site Users to their mail list (email or physical mail) without that other User’s express written consent. Users may not use our communication tools to send spam or otherwise send content that would violate these Terms.

Western Mass Saves may disclose information about Western Mass Saves Web Site Users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Western Mass Saves may also disclose information about Western Mass Saves Web Site Users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms, respond to claims that any posting or other User Submission violates the rights of third-parties, or to protect the rights, property, or personal safety of Western Mass Saves, its owners, officers, directors, agents, subsidiaries, joint venturers or employees, the Site, its Users or the general public.

Although Western Mass Saves makes good faith efforts to store information in a secure operating environment not available to the public, Western Mass Saves cannot guarantee complete security. Western Mass Saves disclaims liability for unintentional security breaches.

For further information regarding Western Mass Saves’ privacy policy please refer to Western Mass Saves’ Privacy Policy located at the Site.

Utility Usage and Savings Data and Related Financial Instruments

Western Mass Saves may measure your utility usage by logging in to your online utility accounts and downloading the usage data for your registered account or through other means. By providing your utility account information to Western Mass Saves, you certify that you own the account(s) you have registered with Western Mass Saves, and you authorize Western Mass Saves to act as your agent to obtain usage data by logging into those utility accounts or through other means.

You hereby assign the right to aggregate and market financial instruments associated with the reduction in utility usage on your registered account to Western Mass Saves. This assignment shall remain in effect until you terminate your registered account. You understand that you cannot simultaneously assign this right to any other entity.

You understand that the measurement, creation and marketing of any financial instruments generated from a reduction in utility usage are at Western Mass Saves’ sole discretion and that Western Mass Saves makes no warranty as to the marketability or market value of any financial instrument. You agree that any financial instruments generated from reduction in utility usage on the Site are the exclusive property of Western Mass Saves.

Membership

Registration with Western Mass Saves is free of charge. Western Mass Saves agrees to terminate memberships upon receipt of termination notification from Users. Western Mass Saves, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in particular memberships at any time, including the right to adjust storage and bandwidth limits associated with different classes of membership.

Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the User’s account or password.

Children Under Age 13

The Site is not intended for use by children. The Federal Trade Commission regulates the means by which web site operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Act of 1998 (the “Act”). Western Mass Saves does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Site. If you are under 13, please do not register for the Site, or send any information about yourself to Western Mass Saves, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the Site. In the event that Western Mass Saves learns that it has collected personal information from a child under age 13, without verification of parental consent, Western Mass Saves will delete that information as quickly as possible. If you believe that Western Mass Saves might have any information from or about a child under 13, please contact us at info@westernmasssaves.com. For more information about the Act and children’s on-line privacy in general, visit the FTC’s website at http://www.ftc.gov.

Children Between the Ages of 13 and 17

Western Mass Saves recommends that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.

Western Mass Saves complies with the acceptable methods for verifying parental consent around the transmission of personally identifiable information for minors between the ages of 13 and 17 as described under Code of Federal Regulations Title 16, Volume 1, Part 312 Children's Online Privacy Protection Rule, Section 312.5(2).

User Disputes

Users of the Site are solely responsible for their interactions with other Western Mass Saves Users, whether on or off the Western Mass Saves Web Site. The Site may enable Users to apply terms (“User’s Terms”) to various interactions with other Users, such as contests, games, groups, events and friend requests. Users of the Site are solely responsible for the User’s Terms they apply to their membership in contests, games, groups, events and friend requests on the Site. Western Mass Saves is not responsible for enforcing User’s Terms or arbitrating, hearing or settling disputes over User’s Terms that may arise between Users. Western Mass Saves reserves the right, but has no obligation, to monitor disputes between Users of the Site.

Proprietary Rights

All material on the Site, including, but not limited to, design, text, graphics, other files, and their selection and arrangement (the “Material”) is the sole property of Western Mass Saves or licensed by Western Mass Saves under valid licensing agreement between Western Mass Saves and applicable third parties. All rights are reserved. No Material may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Western Mass Saves.

All trademarks, logos, trade dress and service marks on the Site are either trademarks or registered trademarks of Western Mass Saves and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Western Mass Saves.

Contests and Other Campaigns

Western Mass Saves hosts or sponsors contests and other campaigns on the Site. All final decisions related to any aspect of a contest or campaign hosted or sponsored by Western Mass Saves on the Western Mass Saves Web Site rests solely with Western Mass Saves.

Links to Other Websites

The Site contains links to other web sites. Western Mass Saves has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other web sites are not investigated, monitored or checked by Western Mass Saves for content, accuracy or completeness. Inclusion of any linked web site on or through the Site does not imply Western Mass Saves’ approval or endorsement of the linked web site. Each of these linked web sites maintains its own independent privacy policies. If Users decide to leave the Site and access these other third-party sites, they do so at their own risk, and the privacy policies of the parties maintaining those web sites apply. If Users decide to leave the Site, Western Mass Saves shall notify the User that the User is leaving the Site prior to allowing the User to leave the Site.

Under no circumstances shall Western Mass Saves be liable for any damages, including, but not limited to, special, incidental, consequential or exemplary damages, that result from the User accessing any links to third party web sites contained on the Site.

Disclaimers

Western Mass Saves is not responsible for any incorrect or inaccurate content on the Site or any other User-generated material posted on the Site or in connection with the Site, whether posted or caused by Users of the Site. Western Mass Saves is not responsible for the conduct, whether online or offline, of any User of the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Western Mass Saves assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. Western Mass Saves is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site. Under no circumstances will Western Mass Saves be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the Site, any User Submissions or any other User-generated material posted on or through the Western Mass Saves Web Site or transmitted to Users, or any interactions between Users of the Western Mass Saves Web Site, whether online or offline. THE SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND AND WESTERN MASS SAVES DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WESTERN MASS SAVES CANNOT PROMISE GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SITE. Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WESTERN MASS SAVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF WESTERN MASS SAVES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WESTERN MASS SAVES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO WESTERN MASS SAVES FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

USERS WILL NOT HOLD WESTERN MASS SAVES RESPONSIBLE FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING FILES UPLOADED TO THE SITE. YOU ACKNOWLEDGE THAT THE SITE IS A VENUE TO EMPOWER ITS USERS TO LIVE MORE RESPONSIBLY IN TERMS OF THEIR IMPACT ON THE ENVIRONMENT. WESTERN MASS SAVES HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED, THE TRUTH OR ACCURACY OF PROFILES OR OFFERS FOR SERVICES, WHETHER RELATED TO ENERGY USE OR CARBON DIOXIDE REDUCTION OR OTHERWISE.

WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WESTERN MASS SAVES WEB SITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE WESTERN MASS SAVES (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the Site, Users agree that the laws of the United States of America and the Commonwealth of Massachusetts, without regard to conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and Western Mass Saves or any of its affiliates. Any legal action or proceeding related to this the Site (including, but not limited to, User visits to or use of the Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. To the extent you might have in any manner violated or threaten to violate Western Mass Saves or any of its affiliates’ proprietary or intellectual property rights, Western Mass Saves may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Massachusetts.

Any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Western Mass Saves, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Site (including, but not limited, the Services, Contests or Other Campaigns, User visits to or use of the Site) in violation of these Terms or your violation of any law or the rights of a third party.

Other

These Terms together with any other policies of Western Mass Saves posted by it on the Site constitute the entire agreement between you and Western Mass Saves regarding the use of the Site, superseding any prior agreements between you and Western Mass Saves relating to your use of the Site. The failure of Western Mass Saves to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. Western Mass Saves reserves the right to make changes to the Site, policies, and these Terms at any time. Changes take effect when they are posted on the Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Site and its contents are intended to comply with the laws and regulations in the Commonwealth of Massachusetts and in the United States. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the United States. Any content, offer or service on the Site is void where prohibited.

Termination of Service

You agree that Western Mass Saves, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your Western Mass Saves Web Site account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the Site, for any reason, including, without limitation, if Western Mass Saves believes that you have acted inconsistently with these Terms. Further, you agree that Western Mass Saves shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.

Without limiting the foregoing, in accordance with the DMCA and other applicable law, Western Mass Saves has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Western Mass Saves, members who are deemed to be repeat infringers of intellectual property rights. Western Mass Saves may also, at its sole discretion and without prior notice, limit access to the Site and/or terminate the memberships of any Users who, in the judgment of Western Mass Saves, infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Advertising

Western Mass Saves makes no guarantee as to the outcome or result of advertisements placed on the Site. Although Western Mass Saves will always do its best to ensure that ads are placed according to the terms agreed to at the time of purchase, including target audience and advertisement terms, Western Mass Saves cannot be held responsible for any expected result of placing advertisements on the Site, including but not limited to changes in product sales, web traffic, concert attendance, or collaborative interest.

Questions and Feedback

We welcome your questions and feedback. Please visit our Help page for more information, or contact us at info@westernmasssaves.com.

Definitions of Certain Terms Used in these Terms of Use

“Western Mass Saves Web Site” or “Site” – The web site located at www.westernmasssaves.com and all of their various sub-domains.

“Western Mass Saves” – Western Mass Saves is a project of the Western Massachusetts Electric Company, commonly known as WMECO, a main distributor of electricity in Western Massachusetts, serving over 200,000 customers.

“User’s Terms” – agreements made between members using the interface provided by the Western Mass Saves Web Site, including, but not limited to, agreements related to contests, games, groups, events, and wagers.

“User(s)” – Individuals who visit the Western Mass Saves Web Site and do not register and individuals, who are residents of Western Massachusetts, with a Western Massachusetts zip code, who register with the Western Mass Saves Web Site and become free members.

“User Submissions” – includes files uploaded by Users to the Site and files uploaded by Users to Profiles (including User photos and other media the Site may accept as part of the Profile). Western Mass Saves DOES NOT claim any ownership rights to User Submissions.