TERMS OF USE

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE (“WEBSITE”). WELCOME TO UTILITYSCORE, OUR WEBSITE.


YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET OUT BELOW AND THAT YOU ARE OVER AGE 18.


IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OUR WEBSITE.



Website Use Agreement

By accessing the Website you are entering into this Website Use Agreement (“Agreement”) with BKi Software Solutions under the terms and conditions below and you agree to be bound by those terms and conditions. This Agreement incorporates by reference and includes this Website’s Privacy Policy at /privacy. “UtilityScore” or “BSS” or “us” or “we” refers to the owner of the Website whose registered office is 1000 Broadway, Suite 410, Oakland, CA 94607. The term ‘you’ refers to any user or viewer of our Website.


If you do not agree to the terms of this Agreement, you must immediately stop use of this Website. If you remain on this Website, you agree to be bound by this Agreement.



Changes to this Agreement

We reserve the right to change the terms and conditions of this Agreement from time to time at our sole discretion. By your continuing to use this Website after changes are posted, you accept the changes and agree to them.


Limited License

All content on our Website is, to the extent possible, protected by copyright or is otherwise proprietary to us. You may view and copy materials on the public portions of our Website solely for non-commercial, personal and informational use. Any copy of this material or information you copy will retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized.


Nothing contained herein will be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of any third party or of ours.


Nothing in this Agreement gives you any right to and you will not reproduce, duplicate, copy, modify, sell, re-sell or exploit any data contained in this Website for any commercial, educational or any other purpose unrelated to your personal needs without the express written consent of BSS, which consent may be withheld by B in its sole discretion.



Registration and Profile

This Website may require you to register with the Website and create a profile account (“Profile”) if you wish to have access to certain features of this Website. Your Profile allows you access to the services and functionality of the Website to: post data, obtain an analysis of that data and any other services and functionality that we may establish and maintain from time to time in our sole discretion.


When creating your Profile, you must provide accurate information. After completing your Profile you may receive a password and account designation. You must not allow anyone to use your Profile nor use anyone else's Profile. You must keep the password to your Profile secure and you must notify BSS immediately of any unauthorized use of or security breach connected with your Profile. You are responsible for all data posted from or any other activity connected with your Profile. BSS is not liable for any losses caused by any unauthorized use of your Profile. You, however, are liable to BSS for any losses to BSS or others caused by any unauthorized use of your Profile.


By providing your e-mail address, you consent to us using that e-mail address to send you notices related to the Website, including any notices required by law.



Use of Information

This Website and all its content are the sole and exclusive property of BSS. If you agree and comply with the terms of this Website, you are permitted to view and use a single copy of this Website for your personal, non-commercial use. You may not publish, sell, exploit, modify, distribute, perform or create derivative works from or further duplicate any part of this Website unless expressly authorized by BSS in writing.


Use of this Website in any way not expressly permitted by this Agreement is prohibited and may be actionable under United States or international law.


You will not use or permit others to use this Website in ways that (a) violate any applicable law or regulation or any BSS policies, (b) infringe the rights of others or (c) interfere with the users, services or equipment of our network or other networks.


You agree to cooperate with BSS and provide requested information in connection with all security and use matters relating to this Website and to notify us promptly if you suspect unauthorized use of this Website or your Profile.


BSS has the right to terminate, suspend or restrict your access to this Website, unilaterally and without notice, if you violate this Agreement. If asked to do so, you agree that you will not attempt to access this Website.


BSS reserves the right to cooperate with legal authorities and third parties in the investigation of any suspected crime or civil wrong. That cooperation may include disclosing to those persons your Profile and related information, your emails and include their monitoring of our network and the networks of our third party licensors, suppliers and providers.


You acknowledge that BSS does not provide professional advice to you. You will not use this Website as a substitute for or supplement to advice from a qualified professional, whether financial, legal or other professional.



Information and Content Provided by You

"User Data" means data and other information that any user of this Website submits or otherwise provides to BSS (including, without limit, utility use information and property characteristic data). If any user of this Website submits or otherwise provides BSS with User Data, that User Data will not be confidential, and BSS assumes no obligation to protect that User Data from disclosure to others.


You grant BSS and its affiliates the royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable and sub licensable license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, display, distribute, sell, disclose, manipulate and modify any User Data that you submit or otherwise provide to BSS, in whole or in part, in any manner, format and media or for any purposes BSS may determine in its sole discretion and without compensation to you and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to BSS in this paragraph, subject to any terms and conditions BSS may determine in its sole discretion and without compensation to you.


You represent and warrant that you have the right and authority to grant the license and rights under the preceding paragraph without the consent or approval of any third party and that our exercise of any such right will not infringe the rights of any person. You also will not post or store on this Website any information that violates or infringes the rights of any other person.


BSS may, in its sole discretion and for any reason and without any prior notice or liability to you, delete, edit, move or reject any data that you may maintain at this Website. You should keep a copy of any data that you maintain at this Website because BSS is not and will not be obligated to retain copies of any material that BSS or others may delete from this Website.



Indemnity

You agree to indemnify, defend and hold harmless BSS, its shareholders, directors, officers, employees, agents, successors and assigns from and against all claims, demands, losses, liabilities, damages and costs and expenses, including reasonable attorneys' fees and court costs, (“Claims”) arising from (a) any breach by you of this Agreement and (b) any intentional or willful violation of any rights of another by you or harm you may have caused to another. BSS will have sole control of the defense of any such Claim.



Disclaimers of Warranties

ALL INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITHOUT ANY REPRESENTATION OF GUARANTEE.


WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.


Although we have attempted to provide accurate information on the Website, we assume no responsibility for the accuracy of the information. In particular, we may not update the Website on a daily or other regular basis. As such, the information and materials contained on this Website may be out-of-date or include omissions or other errors. We may change the information provided on the Website at any time without notice and we will not be liable in any way for possible consequences of those changes.


Furthermore, we will not be liable in any manner whatsoever for direct, indirect, incidental, consequential or punitive damages resulting from the use of, or inability to use, the information on our Website or any information provided through linked websites. In addition, we will not be liable in any way for possible errors or omissions in the content of our Website.


We make no representation or warranty, express or implied, that any use of the information contained in our Website will not infringe on any patent, copyright or trademark.


We make no representation or warranty that this Website is compatible with your computer, software and related equipment or that your use of this Website will be free of any viruses, worms or other destructive features.


This Website contains third party information. That information is, wherever reasonably possible, marked with the name of the source. That third party information does not necessarily represent our views and we take no responsibility whatsoever for that third party information, nor do we adopt or endorse any of that information.



Disclaimer of Endorsement – Linked Sites

Our Website may contain links to websites owned or controlled by other parties. Access to any other website is at your own risk and will result in you leaving our Website. Where we provide a link to a third party’s website, we do so because we believe that website contains or may contain material which is relevant to the material on our Website. We have not reviewed all of these third party sites and do not control and are not responsible for the accuracy or reliability of any information accessible from these websites. In certain instances, a link may connect you to a third-party’s website containing views contrary to those expressed on our Website or otherwise held by BSS.



Copyrights, Patents and Trade Marks and Names

BSS has the right to the following copyrights, patents and trademarks and names.


Copyright Notice: Copyright 2015 BKi Software Solutions. All rights reserved.


All claims of copyright infringement for material that is believed to be residing on BSS’ systems or networks should be promptly sent in the form of written notice to BSS’ designated agent under Title II of the Digital Millennium Copyright Act (DMCA):


Brian Gitt

Designated Agent for DMCA Notices


BKi Software Solutions

1000 Broadway, Suite 410

Oakland, CA 94607

Telephone: (510) 463-6140

Facsimile: (510) 463-2690

Email: bgitt@myutilityscore.com


BSS is the sole owner of a provisional patent application titled “Utility Assessment” filed March 20, 2015.


BSS is the sole owner of trademarks, trade dress and trade names on this Website including, without limit, “WaterGenius,” “WaterGenius Pro”, “UtilityScore,” “Get Paid to Save,” “Smart Ways to Save”, “See beyond the list price” “and “BSS” and all other related product and service names, logos and slogans which are protected by trademark laws of the United States and other countries and may not be used in any manner without the prior written consent of BSS.


All other trademarks and service marks are third-party trademarks or service marks and are the property of their respective owners and cannot be used without permission. Third-party trademark references in this Website do not constitute or imply affiliation, endorsement or recommendation of BSS by the respective trademark owners.


You warrant that you will not post or store on, or transmit, submit or otherwise provide through this Website any data or information that violates, infringes or misappropriates any intellectual property right (including, without limit, copyright, trademark, trade name, trade secret, patent and right of publicity) any right of privacy or any other right of any person or entity.


Nothing contained in this Website will be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of BSS or any third party. Except as expressly granted under this Agreement, all rights are reserved by BSS.



Forward-Looking Statements

The information on this Website contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize and achieve market acceptance for our consulting and software solutions. Those statements are based on management’s current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.



Miscellaneous

This Agreement contains the entire understanding of the parties for the subject matter contained in it and supersedes all prior and contemporaneous agreements, whether oral or written, relating to the subject matter of this Agreement.


BSS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website or any portion of it with or without notice. You agree that BSS will not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.This Agreement may be amended only under "Changes to This Agreement" above or by a written agreement signed by the President of BSS.


No waiver of any breach of any provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, will be deemed a waiver of any preceding or succeeding breach of any provision.


You and BSS agree that the laws of the state of California without regard to conflicts of law rules will govern this Agreement.


You and BSS agree to the exclusive jurisdiction of California courts and venue of Alameda County, California for any court proceedings under this Agreement or for any subject matter of this Agreement. Except as required by applicable law, any claim under this Agreement must be initiated within one year after the claim arises or that claim is forever barred.


If any provision of this Agreement is found to be invalid in any proceeding, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement.


You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so will be void.


In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for those violations.


Each provision of this Agreement will survive any termination of your use of or access to this Website to the extent survival of that provision is necessary to make it effective.