Terms and Conditions

Introduction

Home Energy Analyzer is a free online service provided by StopWaste of Alameda County.

The Home Energy Analyzer online audit software provided by Home Energy Analytics (HEA), Inc. (the Company) based in Los Altos Hills, California.

Privacy

We do not and will not sell, trade, or otherwise transfer your personally identifiable information to third parties. This does not include trusted third parties who assist us in operating our service, so long as those parties agree to keep this information confidential.

We do not sell ads, eyeballs, or email lists: our only mission is to help you save energy.

Site Content

All content on the Site, including text, images, graphics, and pictures is the property of HEA, with the exception of User Content (your energy data and other information supplied by you). In addition, the Intellectual Property Rights in this website (including all algorithms, models and databases used to generate charts, leaks, and recommendations) belong to HEA or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Site) without the Company's prior written permission.

Limited Liability

You agree to indemnify and hold HEA, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Site, (ii) a claim that you, or any third party using your credentials, infringed any intellectual property or other right of any person or organization using the Site, or (iii) the violation of these Terms of Use by you, or any third party using your credentials.

HEA AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIGH ENERGY AUDITS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

No Warranties!

THIS SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, HEA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE SITE.

Choice of Law

All Site activity or use and these Terms of Use are governed by the laws of the United States of America and the laws of the State of California, without regard to conflict of law principles. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and be enforceable.


Home Energy Analytics supplies the software for this program.
Revised: 03/19/14