Terms and Conditions

Agreement of Terms

Welcome to GREENandSAVE’s ("G&S") web site (the "Site"). This Agreement ("Agreement") contains the terms and conditions ("Terms and Conditions") upon which You ("You," or the "member") may access HomeEfficiencyReport.com or any Products through the Site. You agree to be legally bound by these terms.

This Agreement is made between You and G&S, the provider of home efficiency products including, but not limited to, the membership based Products such as the Home Efficiency Dashboard + Report (collectively, the "Products"). All Products as well as all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following Terms and Conditions.

BY SUBMITTING YOUR ORDER, YOU ACKNOWLEDGE RECEIPT OF OUR TERMS AND CONDITIONS AND OUR PRIVACY POLICY AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR USE THIS SITE, THE PRODUCTS OR ANY OF THE INFORMATION OR CONTENT WITHIN THE PRODUCTS. YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. FOR PURPOSES OF THIS AGREEMENT, THE TERM "HOME EFFICIENCY REPORT" INCLUDES BASIC REPORTS AND OTHER ENHANCEMENTS TO THE BASIC REPORTS.

G&S maintains the Site to provide You with information about our memberships, Products and services and to facilitate communication with us and our affiliates. From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to our memberships, Products and services as well as in relation to or to our affiliate program, contests or surveys.

To enroll in a home efficiency report Product, You must have an address within the United States, and You agree to be bound by these Terms and Conditions. In other limited circumstances, You must provide valid credit card information. We will then evaluate Your complete registration information.

Note to online customers: These Terms and Conditions may be updated from time to time. Please check this site regularly for updates to these Terms and Conditions.

Arbitration

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND G&S, AND ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

Intellectual Property Rights

The Content used and displayed on the Site, including but not limited to HomeEfficiencyReport.com are the sole property of G&S or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, G&S owns tradedress, copyright and/or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for Your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of MNI or the owner of the Content.

Limitation of Liability

OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER G&S NOR ITS AFFILIATES, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIP, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, G&S AND ITS AFFILIATES, DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIP, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER G&S NOR ITS AFFILIATES, HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIP, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IF LIABILITY IS IMPOSED UPON MNI, THEN YOU AGREE THAT MNI´S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM MNI´S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO G&S FOR THE PRODUCT(S) YOU PURCHASE FROM G&S.

Notice of Prosecution

For online customers, access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a home efficiency report or disclosure under false pretenses may face criminal prosecution.

Our Privacy Policy

By using our Site, becoming a member of one of our membership programs, or purchasing any of our Products or services, You agree that we may use and share Your personal information in accordance with the terms of our Privacy Policy. In the event You indicate that You would like to receive offers from G&S and/or its partners, affiliates and non-affiliates, Your information may be used to provide relevant offers, advertisements and marketing to You.

Online Specifications for Use

You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive Products online.

Disclaimers

G&S is not responsible for any overdraft/over-the-limit charges or bank fees if Your account contains insufficient funds when Your order is processed and billed. We recommend using a credit card rather than a debit card. Canceling too close to end of trial or renewal date may cause a processing delay and a charge to Your account. If You are eligible for a refund, refunds can take 7-10 business days to be processed.

G&S is not obligated or responsible for providing assistance for any request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by You or any person acting in concert with You, or by any authorized representative of You, whether acting alone or in collusion with You or others, (b) authorized charges that You have disputed based on the quality of goods or services, (c) authorized account transactions or trades that You have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

On occasion, You may contact us regarding issues related to fraud or unauthorized use of Your account and/or information. G&S, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any request for assistance, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether You provide express authorization to make such contact for purposes of verifying and assisting You with any such issues.

G&S reserves the right to request that You provide corroborating evidence of the unauthorized transaction, or compromise of Your account and/or information including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and/or reasonable.

Notices

You should send any notices or other communications regarding our Site, Your membership, Products or services to GREENandSAVE, 204 Old Lancaster Road, Devon, PA 19333.

Except as otherwise provided, we may send any notices to You to the most recent e-mail address You have provided to us or, if You have not provided an e-mail address, to any e-mail or postal address that we believe is Your address.

Miscellaneous Provisions

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore are superseded by this Agreement.

If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.

You represent that You have read this Agreement and G&S’s Privacy Policy, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing You access to and use of the Site and Your membership, G&S has relied on Your agreement to be bound by the terms of this Agreement.