Terms and Conditions for Services
SERVICES and PRODUCTS: ENERSTRUCTA LLC provides products and services that inform energy efficient structures. Services include but are not limited to: Home Energy Scores, Energy Performance Scores (EPS), RESNET HERS Ratings, Home Energy Consultations, Building & Home Repair Workshops and related products and services. Details of ENERSTRUCTA LLC's products, services and offers are subject to change without prior notice.
CUSTOMER: The person accepting these terms and conditions is the Customer and certifies that his/her home is eligible for ENERSTRUCTA LLC's services and has full authority to execute the application and accept the terms and conditions.
ELIGIBILITY REQUIREMENTS: The eligibility for ENERSTRUCTA LLC's offers may vary by program and will be described in the offering.
REBATE AND PROMOTIONAL OFFER ELIGIBILITY: When rebates and/or promotional offers apply, they are available on a first come, first served basis while rebates last, subject to change without prior notice, are non-transferable and will only be reserved for a Customer for a limited time. Promotional codes, coupons, rebates, and the like are only to be used as one-at-a-time items per each purchase/transaction.
PAYMENT, CANCELLATIONS AND REFUNDS: Customer agrees to pay in full for all products and services. Payment is due before or at the time of in-home service, for service work. For Home Energy Scores, payment is required prior to delivery of the Home Energy Score and Home Energy Report. Refunds will be issued only for cancellations received at least 24 hours in advance of customer appointments. Cancellations less than 24 hours in advance of customer appointments or appointment no-shows will not be refunded and will need to be rescheduled.
THIRD PARTY PROMOTIONS AND REBATES: Where ENERSTRUCTA LLC has a rebate or promotional reimbursement agreement with a participating third party (or third party representative) to process their rebates, Customer agrees (unless otherwise stated) that he/she forfeits applying for any rebates for the affected product or service. Rebates and promotional offers provided are subject to change. Customer understands, acknowledges and accepts that any participating third party rebates, including local utility and Energy Trust rebates, will be applied under the standards of those third parties.
PARTNER PROGRAM AND COMMUNITY INITIATIVES: In the event that ENERSTRUCTA LLC partners with other programs or community initiatives, Customer understands that the amount of funding from each source may vary based on program eligibility and ENERSTRUCTA LLC makes no guarantee of amount, which will be determined solely by the funding source or program partner requirements and may be subject to change.
PROPERTY RIGHTS: Customer has the right and legal authority to order and/or install the products or services in the home and certifies that any necessary consent to carry out the installation of the products or delivery of the services has been obtained by Customer.
ACCESS AND EVALUATION: ENERSTRUCTA LLC and/or its representatives may request access to the home and may review and evaluate the outcomes of any delivered product or service, during and after the delivery. ENERSTRUCTA LLC agrees to make no unreasonable request for access and Customer agrees to provide reasonable access to the home for the purposes described herein.
VERIFICATION AND INSPECTION: ENERSTRUCTA LLC may verify that the delivered products and services meet ENERSTRUCTA LLC and participating third party requirements prior to providing authorization to disburse applicable promotions, or rebates. No warranty of any kind is implied by this verification process.
EMAIL COMMUNICATIONS: Customer authorizes ENERSTRUCTA LLC and/or its representatives to send individualized and automated emails concerning the project/service, including scheduling updates, work status, task reminders, and future additional offers. Email addresses may be shared only with ENERSTRUCTA LLC, real estate brokers, lenders and/or third party program sponsors.
PROJECT INFORMATION RELEASE: As used herein, “Project Information” may include personally identifiable information (“PII”) – for example, your full name, email address, mailing address, telephone number, mobile phone number as well as non-personally identifiable information (“non PII”) such as ethnicity, gender, household size, home performance upgrade installed, resulting energy-savings, cost of project, utility payment and usage data, household income, property value and Home Energy Score. Customer agrees that ENERSTRUCTA LLC and/or its representatives may include Customer’s Project Information, both PII and non PII, in reports or other documentation submitted to implementation partners (such as the US DOE, ODOE, Earth Advantage and others), federal, state and participating local governments or government agencies, funders, Multiple Listing Services, Energy Trust, Oregon Public Utility Commission, Washington Utilities and Transportation Commission, and/or the Oregon or Washington Legislature. ENERSTRUCTA LLC and/or its representatives will treat PII as confidential, and the parties to whom it is disclosed (above) will treat it as confidential. Customer understands, acknowledges and agrees that federal, state and participating local government agencies may contact Customer about its participation with ENERSTRUCTA LLC.
In the event customer is requesting ENERSTRUCTA LLC to produce a City of Portland Home Energy Score, customer acknowledges and agrees to the following: “Individual consent: In accordance with Portland City Code Chapter 17.108 (adopted by Ordinance No. 188413 and effective January 1, 2018), Home Energy Scores produced in Portland will be made publicly available through real estate listings. Thus, these scores and any associated information will not be treated as confidential. The customer hereby consents to allow the Home Energy Score Report to be collected and stored in order to be disclosed through accepted and secure methods of data transportation, for the specific purpose of publishing it on a database which will auto-populate or otherwise be uploaded to the Regional Multiple Listing Service (RMLS) and/or similar real estate listing services and be identifiable to homeowner's property on the listing service.”
In the event the customer is requesting ENERSTRUCTA LLC produce a Home Energy Score outside of the City of Portland, customer consents to the same provisions stipulated above.
PHOTO RELEASE: Customer authorizes ENERSTRUCTA LLC and/or its representatives to take photographs of Customer’s home and upgrades and gives permission to ENERSTRUCTA LLC to use and publish the collected photographs and information concerning Customer’s project.
DISCLAIMER: Customer agrees and acknowledges that ENERSTRUCTA LLC does not guarantee any level of energy savings or health benefits resulting from the product or services.
LIMITATION OF LIABILITY: Customer agrees that ENERSTRUCTA LLC will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Customer agrees that ENERSTRUCTA LLC will not be held liable for any work done by a third party referral, including but not limited to home energy upgrades, repairs and the like. ENERSTRUCTA LLC's aggregate liability shall not exceed the purchase price paid for any products or services purchased through this site.
TAX LIABILITY: ENERSTRUCTA LLC is not responsible for any tax liability which may be imposed on the Customer. ENERSTRUCTA LLC may provide information on tax credits and other incentives, but ENERSTRUCTA LLC will not provide tax advice. Any communication by ENERSTRUCTA LLC is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
Updated December 20, 2017