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Terms of Use

Last Updated: March 2018

These Terms of Use make use of the following terms:

You/Your: The user(s) of these Sites, whether a Customer or Participating Contractor

Customer: Any Efficiency Vermont customer, which may include but is not limited to Vermont residents, homeowners, and businesses

Site(s): The website available at www.efficiencyvermont.com and all associated pages therein. This does not include any third party sites which may be linked to or from the Sites.

Service(s): The services available on these Sites, including the service of allowing verified customers to submit reviews and Participating Contractors to post a response

Participating Contractor: A contractor who has agreed to participate in one or more Efficiency Vermont program and abide by the terms of conditions of any such program in providing services for Customers.

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE SITE.

MODIFICATIONS OF TERMS OF USE

Efficiency Vermont may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites, with or without additional notice to you. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, Efficiency Vermont grants You a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or any of their content for any purpose except as described in these Terms of Use, without the express written consent of Efficiency Vermont.

As a condition of your access and use of the Sites and your submission or access to any ratings, reviews, communications, information, or other materials on the Sites (collectively, the “Content”), you agree not to use the Sites for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Efficiency Vermont. By way of example, and not as a limitation, you agree not to:

  1. Use the Sites in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights;
  2. Use the Sites or its Content for any purposes not authorized by these Terms of Use, including political or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
  3. Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to Efficiency Vermont, without the express written consent of Efficiency Vermont, which consent may be withheld by Efficiency Vermont in our sole discretion;
  4. Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
  5. Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Efficiency Vermont or with a Participating Contractor or Customer, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review, rating, or response;
  6. Use the Sites if you are under the age of eighteen (18);
  7. Attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any server used by Efficiency Vermont by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites user;
  8. Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  9. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites;
  10. Access, download, monitor, or copy any information contained on our Sites through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites; or
  11. Probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on or of the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites, or any other customer of Efficiency Vermont, including any Efficiency Vermont account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Efficiency Vermont and provided for by the Sites.

USER CONTENT

As a condition of submitting any Content or other materials to the Sites, you agree that:

  1. The information you supply as part of your review or response may be made public, immediately upon submission without review or approval. Do not include any information (including identifying information) that you do not wish to be publicly available.
  2. You grant to Efficiency Vermont a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works. You represent that you own or have secured all legal rights necessary to grant these rights to your Content.
  3. You are solely responsible for your reviews, ratings, or responses.
  4. Efficiency Vermont may, in its sole discretion, choose to remove or not to remove reviews, ratings, or responses once published.
  5. You will not submit any reviews that may be considered by Efficiency Vermont to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable. You agree to refrain from personal attacks or threats of any physical confrontation.
  6. If you are reviewing a Participating Contractor, all of your reviews and ratings are based upon your actual first-hand experiences with the Participating Contractors you are reviewing and will be accurate, honest, truthful, and complete in all respects. If you are a Participating Contractor responding to a Customer review, you will respond substantively to the review honestly and respectfully.
  7. You do not work for, own any interest in, any of the Participating Contractors for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Participating Contractor is an individual) to any of the Participating Contractors for which you submit reviews or ratings.
  8. You have not received any form of compensation to post reviews and ratings.
  9. You will not submit reviews that are directed to other users or the reviews of other users;
  10. You will not submit Content with hyperlinks; and
  11. Your Content does not reflect the views of Efficiency Vermont, its officers, managers, owners, employees, agents, designees, or other users.

PARTICIPATING CONTRACTORS

Participating Contractors have the ability to add information to their profiles and to respond to Customer reviews. The content of their profiles and responses to Customers is the responsibility of each Participating Contractor. Efficiency Vermont does not endorse and is not responsible or liable for any Content provided by a Participating Contractor. You agree that should you use or rely on such Content, Efficiency Vermont is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Participating Contractor, and any other terms, conditions, representations or warranties associated with such dealings, are directly between you and the Participating Contractor. Efficiency Vermont is not party to the relationship between you and Participating Contractor. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Participating Contractors. For some tips on selecting a Participating Contractor, click here.

Third parties and Participating Contractors may link or otherwise direct Internet users to our Sites for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Participating Contractor websites. Efficiency Vermont does not control or operate any such third party or Participating Contractor websites. Any information you provide to these third party or Participating Contractor websites while on these third party or Participating Contractor websites is subject to the respective policies of those third parties or Participating Contractors, and not Efficiency Vermont’s policies.

You agree that Efficiency Vermont is not responsible for the accessibility or unavailability of any Participating Contractor or for your interactions and dealings with them, waive the right to bring or assert any claim against Efficiency Vermont relating to any interactions or dealings with any Participating Contractor, and release Efficiency Vermont from any and all liability for or relating to any interactions or dealings with Participating Contractors.

TRADEMARKS AND COPYRIGHTS

Efficiency Vermont, and other Sites graphics, logos, designs, and service names are trademarks of Efficiency Vermont. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Sites is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Efficiency Vermont and/or its licensors.

Notices

You agree that Efficiency Vermont may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Efficiency Vermont should be submitted to [email protected] or (888) 921-5990, or by mail to: Efficiency Vermont, Attn: Legal Department, 20 Winooski Falls Way, 5th Floor, Winooski, VT‎ 05404.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Efficiency Vermont will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Efficiency Vermont
20 Winooski Falls Way, 5th Floor
Winooski, VT‎ 05404
Attn: Legal Department

Email: [email protected]

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
  5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Efficiency Vermont will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

DISCLAIMER

THE SITES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER EFFICIENCY VERMONT NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES. IN NO EVENT WILL EFFICIENCY VERMONT OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

Indemnity

You agree to indemnify, defend and hold harmless Efficiency Vermont, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Participating Contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Efficiency Vermont or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Efficiency Vermont will have sole control of the defense of any such damage or claim.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFFICIENCY VERMONT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EFFICIENCY VERMONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; OR (D) ANY BREACH OF THIS AGREEMENT BY EFFICIENCY VERMONT OR THE FAILURE OF EFFICIENCY VERMONT TO PROVIDE THE SERVICE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

GOVERNING LAW

These Terms of Use and the relationship between You and Efficiency Vermont will be governed by the laws of the State of Vermont, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Burlington, Vermont.

MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with Efficiency Vermont, Efficiency Vermont may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Efficiency Vermont’s remedies are cumulative and not exclusive. Failure of Efficiency Vermont to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Efficiency Vermont’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Efficiency Vermont as a result of these Terms of Use or use of the Sites. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities.