Terms and Conditions
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.
II. 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 manner.
III. 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, 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 you acknowledge that such revocation will be prospective and will result in termination of your participation in the Program.
IV. 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.
Participant 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.
VI. 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.
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.
VIII. 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.
IX. 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.
X. 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.
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.
XIII. 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.