In order to help you save energy and capture program results, we need your commitment to share your energy bills during the course of this program.

The City’s subsidy of your energy audit and water assessment depends on your cooperation to send us energy usage information from your PG&E account. We need the following information at the following three time points, (and will send you instructions for how to download it from PG&E, plus reminders when we need it):

Previous year’s usage: One year of electricity and gas usage and information, for the 12 months prior to your energy audit;
3-month check-up on usage: Electricity and gas usage and cost information for the three months following your energy audit;
At program end: Annual summary of electricity and gas usage, due at the program end (currently anticipated to be early 2011).

We will make this process as easy as we can.

In addition, we will need your water bills. By participating in the program, you agree to allow authorized agents from Ennovationz and the City of Benicia to access your water billing and usage information.

By signing up to receive a subsidized energy and water assessment, you agree to provide the energy and water data outlined above; if you do not provide the data, you agree to reimburse the City of Benicia for the cost of the energy and water assessment, and any direct install subsidy provided for your home.

Limitation of Liability

We have protocols for how we work in your home, so that we are safe and so is your home. Despite this, accidents may happen. In case of any accidental damage to your home, we will repair it, up to $2,000, using our network of trade partners.

Here are the legal details:

To the fullest extent permitted under applicable law, customer agrees to limit any and all liability or claim for damages, cost of defense, or expense it seeks against Ennovationz and its individual members, to a sum not to exceed $2,000, and to use a company from the Ennovationz network of handyman and contractors to perform the repair work. This limitation shall include any liability, claim or expense arising from any breach, error, omission or negligence by Ennovationz in the course of performing services under the agreement.

Notwithstanding anything else herein, in no event will Ennovationz or customer be responsible for lost profits, lost revenues, or consequential, incidental or special damages of the other party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of such loss or damages and irrespective of how such loss or damages were caused, including as a result of a party’s negligence or wrongful act or inaction, but not any deliberate or willful activity. Ennovationz agrees to indemnify and to hold customer harmless from and against any and all claims, demands, or suits of any kind asserted against or incurred by customer resulting from the intentional misconduct or gross negligence by its agents. The customer agrees that any claim arising in connection with this agreement shall be promptly made in writing to Ennovationz at 821 W. El Camino Real, Mountain View, CA 94040 by certified mail or overnight delivery. The customer shall have no cause of action against Ennovationz

Warrenties

Ennovationz makes no express warranties under this agreement and the audit or assessment and any report produced by Ennovationz are not a guarantee or warranty of any kind.

Dispute Resolution

In the event of a disagreement or dispute regarding the terms of this Agreement or performance of it, an executive of each of the parties shall agree to meet in person to amicably discuss and work in good faith to resolve any such disagreement and/or dispute between them. If such discussions do not promptly resolve the disagreement and/or dispute to the reasonable satisfaction of both parties, then the parties shall be free to pursue any legal remedies available to them.

Terms and Conditions
1. Acceptance Of This Agreement
Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2. Changes to Website, Software, and Services
Ennovationz reserves the right to;
o change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Ennovationz shall not be liable to you for any such change or removal.
o change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Ennovationz shall not be liable for any such change or removal.
o change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

3. Links to Third Party Website's
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

4. Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Ennovationz' 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 this website).

'Ennovationz' and the Ennovationz Logo are trade marks which belong to 'Ennovationz' and they may not be may not be used, copied or reproduced in any way without written consent from 'Ennovationz'.

For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

5. Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Ennovationz will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Ennovationz makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Ennovationz for death or personal injury as a result of the negligence of Ennovationz or that of its employees or agents.

6. Indemnity
You agree to indemnify and hold Ennovationz and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Ennovationz arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

7. Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

8. Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the State of California whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the State of California.

9. Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

10. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Ennovationz reserves the right to add, delete, or modify any provision this Agreement at any time without notice.