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