Authorization. The person or entity named in this application
(“Participant”) represents that it
is the owner and/or manager of the building(s) specified in this application
(the “Building”). Further, the
person who submits this application represents that he or she is authorized to
enter into and perform this Agreement on behalf of Participant including,
without limitation, to provide the information and access, and perform other duties
required for participation in Elevate Energy’s Full-Service Energy Efficient
Building Services Program (the “Program”).
Program Terms and Conditions
Agreement. By submitting this application, I agree that
I am entering into a legally binding agreement with Elevate Energy, an Illinois
not-for-profit corporation (“Elevate”,
“we” or “us”), and that I am subject to the terms and conditions set forth
in this application (these “Terms”).
Any reference to “Participant”, “you”
or “your” in these Terms shall mean
the Participant named herein and anyone acting on Participant’s behalf
including any officer, director, employee, contractor, agent, attorney,
representative, heir, executor, administrator, insurer, assign, successor,
tenant, licensee, invitee, occupant or any other person or entity. Any
reference to “we”, “us” or “our” shall mean Elevate Energy including its officers, directors,
employees, agents, contractors, affiliates, successors and/or assigns.
Participant Cooperation. You agree that your cooperation in the Program,
including providing access to energy billing records and those areas and
systems of the Building requested by Elevate, in its reasonable discretion, is
crucial to the success of the Program. You further agree to cooperate, provide
information and access in a timely
Your Information. Participant agrees that Elevate
may use any data or information Elevate obtains as a result of Participant’s
participation in the Program including, without limitation, your utility
account data including the Utility Data as defined below, information we may
obtain as the result of the assessment, a site visit or information you may
otherwise provide (“Data”) for any
Program purpose including, without limitation, performing our work in
connection with the Program, assessing the Program, conducting research,
developing new programs, services and/or products and obtaining additional
funding in support of Elevate’s work. We may also use your personal information
to contact you about the Program or other programs that we administer. We may
share Data and/or your personal information with other organizational partners,
agencies and vendors working with Elevate including, without limitation, our
funders, housing finance agencies and other organizations involved in the
Program (each a “Program Affiliate”).
In addition, we may share your personal information to comply with law or legal
requirements, enforce or apply these Terms and other agreements, or to protect
our rights or property or to protect the safety of us or others. We will not
make any of your personal information available to non-Program Affiliates
unless it is de-identified and/or aggregated in a manner that prevents you from
being identified. Participant may revoke this Data access authorization at any
time by making a request in writing to Elevate, provided, however, that, except
as otherwise provided in these Terms, you acknowledge that such revocation will
be prospective and will result in termination of your participation in the
Utility Data Authorization. You understand that Elevate seeks
access to Participant’s utility usage information for each of the utility
accounts you provided above or otherwise provided by you in connection with the
Program (collectively the “Utility Data”).
The Utility Data may include your utility bill history, utility usage levels (including
but not limited to, electricity usage levels for distinct time periods no
longer than 60 minutes to the extent that information has been recorded and
retained by your electricity utility provider) and other information provided
by each utility for which you’ve provided an account number above.
With respect to your electricity usage information, you authorize
your electricity utility to provide your electricity usage information to
Elevate solely for the purpose of participating in the Program as specified in
these Terms. Elevate acknowledges that you do not authorize use of the Utility
Data for purposes other than those explicitly authorized in these Terms.
Elevate may disclose your Utility Data to its contracted third party vendors or
its affiliates for this purpose only. Elevate, its affiliates and its
third-party vendors will not sell or license your electricity usage information
to any other party for any purpose.
You authorize the utilities specified above to provide Elevate your
Utility Data, which may include electricity usage information for the previous
24 months as well as 24 future months.
This authorization to access and use your Utility Data will expire
(a) immediately upon the occurrence of any legally mandated expiration which,
for your electricity usage information, is 24 months after your submission of
this application to Elevate, or (b) upon notification by you to Elevate or to
the relevant utility that you have revoked Elevate’s authorization to access
your Utility Data.
You understand that you can report any concerns about your rights
under this authorization and Elevate’s or the relevant utility’s compliance
with its duties under this disclosure to:
ILLINOIS ATTORNEY GENERAL’S
CONSUMER FRAUD DIVISION
ILLINOIS COMMERCE COMMISSION
CONSUMER SERVICES DIVISION
Program Term. Elevate may terminate the Program, or your
participation in the Program, at any time upon notice to you. You may terminate
your participation in the Program at any time upon written notice to us. The
provisions of these Terms that, by their nature, should survive expiration or
termination of the Program or your participation in the Program, shall survive
including, without limitation, Elevate’s rights in and to any environmental
attributes and to Data obtained prior to the date of expiration or termination.
acknowledges that energy and/or cost savings are subject to a number of
variables over which we have no control including, without limitation, fuel
prices, weather, occupant behavior, maintenance activities and additional
factors. Elevate makes no representation or warranty of any kind including, without
limitation, that your participation in the Program will result in reduced
energy consumption, energy use savings, reduced building operating costs, any
benefit of any kind; of the accuracy or completeness of any information, data,
reports or other materials in whatever form or format; or of the continued
safety, performance or cost-effectiveness of any information, materials,
equipment, product, system, facility, procedure or policy discussed, provided
or recommended by us. Use of or reliance on any of the foregoing by Participant
is at Participant’s sole risk.
Limitation of Liability; Indemnification. Elevate shall
not be liable for injury to or death of any person or damage to any property
(including the Building) in connection with the Program or otherwise, except to
the extent caused by the sole gross negligence or willful misconduct of
Elevate. You agree to indemnify Elevate and hold it forever harmless from and
against any loss, cost, damage or expense, including reasonable attorneys’ fees
and costs, arising out of or relating to your participation in the Program
and/or Participant’s acts or omissions. IN NO EVENT WILL ELEVATE BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND.
Insurance. You agree that you have and will maintain during the
Program term adequate liability insurance in the forms and amounts standard for
operation of the Building and sufficient to protect Participant and any party
to whom you have an obligation to indemnify under these Terms. Upon request,
you will furnish to Elevate insurance certificates evidencing such coverage.
Environmental Attributes. You agree that
Elevate shall receive all current and future environmental attributes
associated with your participation in the Program, of any kind or nature,
including but not limited to renewable energy credits or certificates, emission
credits or allowances, carbon credits or any other credit(s) or allowance(s)
resulting from the services performed by Elevate Energy, including any work or
services recommended by Elevate Energy and performed by a third party. You
agree to execute
any additional documentation reasonably required to confirm Elevate Energy’s
right in and to such environmental attributes.
Independent Contractors. The parties are
and shall be independent contractors to one another, and nothing herein shall
be deemed to cause these Terms to create an agency, partnership, joint venture,
employee-employer or principal-agent relationship between the parties.
Entire Agreement; Modification. These Terms set
forth the entire agreement between you and Elevate with respect to the Program.
Any prior agreements, whether written, oral or otherwise expressed are
superseded by these Terms. From time to time, we may modify these Terms We will
notify you of any material changes by email sent to the email address we have
on file for you. Your continued participation in the Program upon any such
modification will affirm your agreement to these Terms, as modified. You agree that
your participation in the Program will comply with all applicable laws, rules,
ordinances and regulations including, without limitation any law and/or
regulation regarding operation of the Building. Neither the course of conduct
nor trade practice will act to modify these Terms. These Terms do not confer
any third-party beneficiary rights.
You will not assign or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without the prior written consent
of Elevate. Any purported assignment or delegation by you without the
appropriate prior written consent of Elevate will be null and void. Elevate may
assign these Terms or any rights hereunder without your consent.
Severability. If any provision of these Terms is found by a
court of competent jurisdiction to be invalid or otherwise unenforceable, the
parties nevertheless agree that such portion will be deemed severable and will
not affect the validity and enforceability of the remaining provisions, which
will remain in full force and effect.
Governing Law. The Program, including these Terms shall be in all
respects governed by and construed in accordance with the laws of the State of
Illinois without regard to the conflict of law provisions thereof.