Terms Of Use

Energy Results LLC (herein referred to as “Energy Results,” or by “we,” “us,” or “our”) ask that all visitors to our website (the "Site") adhere to our Terms Of Use.  By accessing the Site, you indicate your acknowledgment and acceptance of these Terms Of Use, as amended hereafter.  Your continued use of the Site will serve as your acceptance of the Terms of Use included herein.

The products and services featured on this website may change periodically. Colors, product specifications and MSRP may be updated at any given time by Energy Results.  We may terminate, change, suspend, or discontinue any aspect of the site at any time.  Actual retail prices and availability may vary.

RESTRICTIONS ON USE OF MATERIALS.  This Site is operated by Energy Results.  All intellectual property of the Site, including educational content, the Virtual Energy Audit™ and other analytical tools, the provisional patent on the Energy Solutions Manager™ process and related Site content and code is licensed from Revolution Environmental LLC (the “Parent Company”).  No material from our Site may be copied, modified, sold, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or in any manner or medium, except that you may either print or download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices.

SOFTWARE AND ANALYTICAL TOOLS.  The material on this Site is provided for lawful purposes only.  Any software or analytical tools made available for downloading, copying or use through this Site is proprietary to the individual.  Unless otherwise noted neither the title nor the intellectual property rights of the software or any analytical tool, including all files and images contained in or generated by the software, are transferred to you.  You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software or analytical tool to a human perceivable form.

INTELLECTUAL PROPERTY NOTICE.  This Site features trademarks, copyrights and other intellectual property, which is the property of or is licensed to Energy Results.  This Site also may contain trademarks, copyrights and other intellectual property rights of third parties.  All such rights are proprietary to their respective owners.  Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes, except as specifically permitted in accordance with the Terms Of Use governing use of this Site or with the express written permission of these property owners.

INDEMNITY.   At Energy Results’ and/or the Parent Company’s request, you will defend, hold harmless, and indemnify Energy Results and/or the Parent Company and its directors, officers, employees, agents, subsidiaries, affiliates and each of their successors from and against all third-party claims, actions, demands, proceedings, damages, costs and liabilities of any kind (collectively, the "Claims") to the extent that the Claims arise out of or relate your use of the Site, related products, related services, your violation of laws or applicable regulations in the use of the Site, related products, related services or your breach of your warranties or obligations under these terms.

WE MAKE NO WARRANTY OR GUARANTEE.  We provide the Site and all affiliated and non-affiliated products and services on an "as-is" basis, "with all faults", "as available" and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, workmanlike effort, security or accuracy.  We do not guarantee the accuracy or timeliness of information available from the Site or that any recommendations provided are correct.  Energy Results, the Parent Company and our affiliates, resellers, distributors, vendors, and any other party involved in this Site (collectively, the "Energy Results Parties") give no express warranties, guarantees or conditions.  Every user who visits the Site does so at his or her own risk.  We do acknowledge that certain product manufacturers and service vendors do provide warranties.  These warranties are directly between you and these product manufacturers and/or service vendors and do not impact any other Energy Results Parties.  

The tax provisions referenced are for discussion purposes only and should not be relied upon. EnergyResults does not warrant, guarantee or otherwise advise its partners or customers about specific tax outcomes. You should consult your tax advisor as to how the law applies to your specific circumstances. The savings, cost and benefit of each upgrade in the above analysis are estimates and may vary significantly based upon a variety of factors, including your inputs, the products you currently own, the products you may buy and your unique situation.  While we use over 350 unique data points to estimate your savings potential, all of these values may vary significantly, therefore EnergyResults’ does not warrant or guarantee any savings estimates or specific outcomes.

LIMITATION OF LIABILITY.  The Energy Results Parties will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors, the inability to use the materials in this Site, failure of performance of a product or failure of performance of a service, even if there is negligence on Energy Results’ or the Parent Company’s part or an authorized representative has been advised of the possibility of such damages, or both.   Not all features of this Site are available to all users in all regions.  Further, all information on this Site is based upon estimates, which may not match your specific situation, therefore, we are not responsible for any recommendations that the Site may give to you, any actions you take as a result of the recommendations, or any costs incurred or associated with any actions you take as a result of the recommendations.  Finally, many factors, including those that we do not consider or could not consider, play into your energy bills, therefore, we are not liable, under any circumstances, for your energy bills or any fluctuations in the amount of your energy bills.  Due to the limitations on liability, you cannot recover any damages that arise from the use of the Site or any affiliated or non-affiliated products or services, including consequential, lost profits and special, indirect, incidental or punitive damages.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.  In that event, Energy Results’ and/or the Parent Company’s total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) shall not exceed the higher of the amount you paid to access this Site or the amount that you paid for the services that you received, excluding material costs.

BETA VERSION DISCLAIMER. The version of the Site that you are using may be a pre-release version.  The Site may not work the way a final version of the software or service will.  We may change or modify the Site for the final, commercial version.  We also reserve the right not to release a commercial version. 

ACCOUNT AND DATA STORAGE.  Your home profile is specific to a given physical address and a given account.  If you move to another address, you may be required to set up a new account.  All data collected may be used anonymously and in aggregate for a variety of purposes.  For instance, we may use this data and feedback from other users to refine and improve the accuracy and relevancy of Site recommendations, estimated savings, and calculating local and national averages.  Anonymous aggregated data may also be provided to utilities or regulatory bodies to help improve or measure the effectiveness of various conservation programs. 

SERVICE ACCOUNT, PASSWORD, AND SECURITY. You may be required to create a separate account for your use of the Site, your service account (the “Service Account”).  You agree to keep all of your passwords and accounts strictly confidential.  Furthermore, you are entirely responsible for any and all activities that occur under your Service Account.  Only you, or someone else that you grant permission to, may use your Service Account.  Energy Results will not be liable for any loss that you may incur as a result of someone else using your passwords or accounts, either with or without your knowledge.  Further, you will be held liable for losses incurred by Energy Results or the Energy Results Parties due to anyone else using your accounts or passwords.  You may not use someone else's Service Account at any time without the permission of the Service Account holder.  All Terms Of Use apply to anyone that you grant permission to use your Service Account.

FEEDBACK.  If you provide feedback to Energy Results, you give to Energy Results, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of an Energy Results software or service that includes the feedback. You will not give feedback that is subject to a license that requires Energy Results to grant any rights or make any payments to third parties because the feedback was incorporated into our software, documentation or other products.

ASSIGNMENT OF CARBON OFFSETS AND ENERGY EFFICIENCY & CONSERVATION CREDITS.  The products or services purchased from or through Energy Results and through the Site may generate carbon offsets and/or energy efficiency & conservation credits (collectively know as the  “Offsets”).  These Offsets are the sole property of Energy Results and are hereby assigned by you to Energy Results.  These credits may be sold, transferred or held by Energy Results with no recourse to you or any of our affiliates, resellers, distributors, vendors, or any other party involved in this Site.

PRODUCT AND SERVICE ORDERS.  While we will use our best efforts to fulfill all orders, Energy Results cannot guarantee the availability of any particular product or service displayed on this Site.  We reserve the right to discontinue the sale of any product listed on this Site at any time without notice.  Product and service prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.  Initial service prices are estimates, which must be refined based upon the in-home review of a contractor and completion of final service.  The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.  You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications.  If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order.  Energy Results reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

For further information about purchasing products from Energy Results, please read our product return policy carefully.

THIRD PARTY PRODUCTS AND SERVICES. The Site may enable you to connect to and make use of certain third-party products and services, content, and sites. You agree that your use of such third-party products, services and sites is at your own risk, and that the use of such third-party products, services or sites is subject to applicable licenses, privacy policies and terms of service between you and the third party. We are in no way responsible for any third party products, sites, applications, software or content made available on or through the Site.  Provision of third party products, services, content, or sites does not imply Energy Results’ endorsement thereof.

HOW WE MAY CHANGE THIS CONTRACT. We may change the Terms Of Use in our discretion by posting new applicable terms and conditions. If you do not agree to the changes, then you must stop using the Site. If you do not stop using the Site or affiliated services, then your use of the Site of affiliated services will continue under the changed Terms Of Use.

YOUR DEALINGS WITH OTHERS.  You may be able to view advertisements and/or purchase items from third parties on the Site.  If you obtain anything from a third party (including third-party offered services) through the Site, you understand that your relationship with respect to these products of services is with the third party directly and not with Energy Results.  In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against Energy Results, even if Energy Results assisted in billing for the third-party offering.

You are solely responsible for your dealings with any third party, including:

• Delivery of and payment for goods and services;
• Determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions; and
• The purchase and use by you of any third-party products and services.

In using any of our services, you may be able to collect personal information about third parties through your dealings with such third parties.  If you do, and post such information on a website, you agree to (a) post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information that you collect from such third parties, (b) provide a hypertext link to your privacy policy on the home page of your web site and on all pages where you collect personal information from third parties, including on checkout pages, and (c) use personal information only as expressly permitted by your privacy policy.

INTERPRETING THE CONTRACT.  All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written.  If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change.  The section titles in the contract do not limit the other terms of this contract.

ASSIGNMENT.  We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person.  Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights that you may have.

CLAIMS MUST BE FILED WITHIN ONE YEAR.  Any claim related to this contract, the Site or any related products or services may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed.  If it is not filed in time, then that claim is permanently barred. This applies to you and your successors.

MISCELLANEOUS.  This Agreement constitutes the entire agreement between you and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.  Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  These terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, regardless of where the user is based.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  Energy Results can revise these Terms Of Use at any time by updating this posting.