Last updated July 28, 2020
- XeroHome is an Energy Efficient Home Data and Research Service. XeroHome operates the Site as an online data and research service for homeowners, contractors and service providers seeking to advance energy efficient solutions in residential settings. XeroHome does not represent such parties, does not directly provide energy efficiency services to or on behalf of such parties, and is never a party to or otherwise involved in any transaction between homeowners, contractors, or service providers. XeroHome does not guarantee or ensure any transaction between homeowners and contractors or service providers, or collect or process payments between such parties. While Site users may locate and contact contractors and service providers through tools on XeroHome’s Site, XeroHome is not a party to such communication and not liable for the results deriving therefrom.
- Information Disclaimer. The information presented on the Site (including, without limitation: home square footage and other dimensions, energy use or efficiency data, permitted work, and all other information pertaining to a particular home or property) is aggregated from publicly-available data or submitted by Site users, is not guaranteed or warranted to be accurate or complete, and is subject to change without notice. It is the responsibility of each Site user or other interested party to verify all such information or data and XeroHome shall not be liable for accuracy of such information or data under any circumstance. Energy savings calculators and utility rate or rebate information are provided only as a convenience and do not constitute an offer from XeroHome to provide specific services or secure specific discounts or energy rebates.
- Software. All XeroHome software, including without limitation, all code contained in the Site (collectively, the "Software"), is owned by XeroHome and/or its Licensors and Suppliers and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any reproduction, redistribution, publication, display, or other unauthorized use of the Software without the express written consent of XeroHome is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Trademarks. You acknowledge that the Site Content includes certain trademarks and service marks owned by XeroHome, XeroHome Affiliates, and other third parties. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any permitted copies of the Site Content.
- Interactive Areas. The Site allows registered users to interact, add information or content (collectively, "User Content"). XeroHome and its Affiliates do not endorse the accuracy or reliability of any User Content posted on the Site. Unless expressly authorized by XeroHome, you may not use the Site for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose on the Site may become public. You should not include any information that you do not want other parties to see or use and you hereby agree that you will not hold XeroHome responsible for any third party’s use of information contained in such posting, nor shall XeroHome be liable for any third party information you see or use on the Site.
- XeroHome Rights. Given the nature of the Site and the volume of User Content submitted, XeroHome cannot and does not monitor all of the User Content posted or transmitted by you and other third-party information providers via the Site, including, without limitation, any User Content posted via the Forums and the Advertising Service. You expressly agree that XeroHome and its Affiliates: (a) will not be liable for User Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability, without notice to you and without providing a refund.
- Third Party Rights. XeroHome takes claims of intellectual property infringement very seriously. XeroHome will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Notifications of claimed copyright infringement should be sent to: firstname.lastname@example.org. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Representations and Warranties. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the User Content and grant the licenses described in these Terms, (b) the User Content is accurate, current and complete to the best of your knowledge, (c) the User Content and your use of the Site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the User Content and your use of the Site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising laws or regulations, or cause injury to any person; and (e) your use of the Site shall not violate any agreements between you and a third party.
- Indemnification. You agree to indemnify and hold XeroHome, its Affiliates, Licensors and Suppliers, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) all User Content you provide, (b) your use of the Site or your reliance on the Content, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale or other commercial transaction between you and a third party.
- Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting User Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting User Content that could be harmful to minors; (c) engaging in activity or submitting User Content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, submitting User Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting User Content that contain restricted or password only access pages, or hidden pages or images; (g) submitting User Content that displays pornographic or sexually explicit material of any kind; (h) submitting User Content that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting User Content that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting User Content that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without XeroHome's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Site or XeroHome's hardware and software infrastructure or that of any of its Licensors or Suppliers.
- Warranty Disclaimer. YOUR USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE SITE, SOFTWARE, AND CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND XEROHOME, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. XEROHOME, ITS AFFILIATES, AND THEIR THIRD PARTY LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE, INCLUDING BUT NOT LIMITED TO PROPERTY-SPECIFIC INFORMATION AND PRICING FOR ENERGY EFFICIENCY SERVICES. XEROHOME DOES NOT AND CANNOT WARRANT OR GUARANTEE THAT ANY PARTICULAR PROPERTY CAN ACHIEVE "NET ZERO" STATUS OR THAT USERS CAN ACHIEVE ANY SPECIFIC LEVELS OF ENERGY OR COSTS SAVINGS. ALL PROPERTY INFORMATION AVAILABLE ON THE SITE IS SUPPLIED BY THIRD PARTIES. XEROHOME AND ITS AFFILIATES CANNOT AND DO NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD PARTY LICENSOR AND SUPPLIER" DOES NOT INCLUDE YOU.
- Limitation of Liability. XEROHOME, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, SOFTWARE, OR CONTENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION; OR COMPUTER VIRUSES. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF XEROHOME, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM EXCEED THE GREATER OF THE AMOUNT YOU PAID TO USE THE SITE IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR TWENTY DOLLARS ($20). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD PARTY LICENSOR AND SUPPLIER" DOES NOT INCLUDE YOU.
- Termination of Service. You understand and agree that in XeroHome's or an Affiliate's sole discretion, and without prior notice, your access to the Site or any portion thereof may be terminated, and XeroHome and Affiliates may exercise any other remedy available if either XeroHome and/or an Affiliate believes that your use of the Site and/or any User Content you provided violate: (i) these Terms, (ii) the rights of XeroHome, the applicable Affiliate, any other user of the Site, or (iii) any law, rule or regulation, or is otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy to XeroHome and an Affiliate for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that XeroHome post a bond. XeroHome, or as applicable, Affiliate, are not required to provide any refund to you if you are terminated as an authorized user of the Site or any portion thereof pursuant to this Section.
- Miscellaneous. These Terms may be changed at any time. New versions of these Terms shall be posted on this page on the Site. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. XeroHome may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. XeroHome retains all right, title, and interest in and to User Data. The Site includes links to other Web sites not established or supervised by XeroHome or Affiliate. XeroHome and Affiliate are not responsible for any linked sites. These linked sites are not endorsed or sponsored by XeroHome or Affiliate. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the subject matter of these Terms must be filed in the federal or state courts located in Placer County, California within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with these Terms shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Any failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms. These Terms constitute the entire agreement between XeroHome and you regarding the subject matter hereof. Neither these Terms, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. These Terms are to be construed in accordance with any Affiliate Site terms and conditions ("Affiliate Terms") that may also be displayed on the Site, which shall apply only to Affiliate. In the event of any conflict between these Terms and the Affiliate Terms as they apply to Affiliate, the Affiliate Terms shall control. In the event of any conflict between these Terms and any separate written agreement between you and XeroHome or between you and Affiliate with respect to the same subject matter, the terms of the written agreement shall control.