Last Updated: September 10, 2021.
TERMS OF SERVICE
Please read these Terms of Service (the “Agreement”) carefully. Your use of (including any access to) the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and AM Conservation Group, Inc. (“AMCG” or “we” or “us”) concerning your use of (including any access to) the Con Edison Energy Savings Kit Program (“Savings Kit Program”; also known as the Con Edison Efficiency Starter Program) site, which is administered, operated and maintained by AMCG for Consolidated Edison Company of New York, Inc. (“Con Edison”), and which is currently located at https://www.savingskit.coned.com (together with any materials and services available therein, and successor site(s) thereto, the “Service”).
By accessing or using the Service, you affirm that you are of legal age to enter into this Agreement.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.
Your access to or use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
3. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject AMCG or Con Edison or its affiliates to any jurisdiction or law other than the State of New York. The Service may not be appropriate or available for use in some jurisdictions outside of the State of New York. Any access to or use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Savings Kit Program. The Service may allow you to confirm your participation in the Savings Kit Program. By using the Service to confirm your participation, you represent and warrant that you are authorized to do so with respect to the applicable Con Edison account and that you meet the following eligibility criteria for such participation: (i) you are a registered, residential customer of Con Edison receiving electric service or electric and gas service; (ii) you are the Con Edison account holder or have been authorized by the account holder to apply for participation in the Savings Kit Program; and (iii) you are enrolled in Con Edison’s “Low-Income Discount Program” (“Eligible Participant”). Eligible Participants will receive free energy-saving products or items delivered to their homes. Products and items were selected to help Eligible Participants use energy wisely and are intended for use in the Eligible Participant’s home. Eligible Participants that receive electric service only from Con Edison will receive a kit with three A19 LEDs, and Eligible Participants that receive electric and gas service from Con Edison will receive a kit with three A19 LEDs, one 1.5 GPM showerhead, one 1.5 GPM dual spray faucet aerator, and one 1.0 GPM faucet aerator (collectively, “Savings Kits”). Savings Kits also may contain additional free weatherization items, depending on availability. These items may include one 17’ roll of closed cell foam tape, one self-adhesive door sweep, and one 42” x 62” window insulation kit. Neither we nor Con Edison endorse any particular manufacturer, product or item contained in the Savings Kit. Eligible Participants may use the Service to order a Savings Kit by entering their last name and street address. We will validate the entry against information provided by Con Edison. You acknowledge the Savings Kit Program is being made available as a pilot program of Con Edison for a limited time period, and Con Edison may change or discontinue the Savings Kit Program at any time. Limit one Savings Kit per Eligible Participant. Offer is subject to change. Eligible Participants who accept the Savings Kits and participate in the Savings Kit Program are not obligated to purchase any services or products from Con Edison or AMCG.
5. Rules of Conduct. In connection with the Service, you must not:
- Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Service.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from accessing or using the Service.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without AMCG’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Service.
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without AMCG’s express prior written consent.
- Systematically download and store Service content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without AMCG’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Service’s root directory, AMCG grants to the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. AMCG reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
6. Hardware: Telecommunications; Text Messages. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to access or use the Service. By providing your phone number, if and when requested, you agree to receive recurring autodialed text messages, including marketing messages, from or on behalf of Service Provider at the phone number provided. You understand that such consent is not a condition of any purchase. Message and data rates may apply.
7. Registration. You will not be required to create any user name or password in order to access or use the Service. However, you may need to register and provide certain information in connection with accessing or using the Service. You acknowledge and agree that we are not responsible for any action or omission, whether by physical, automated or electronic means, that is performed using or in connection with such information.
8. Feedback. If you provide to us or Con Edison any ideas, information, proposals, suggestions or other materials (“Feedback”), whether related to the Service, the Savings Kit Program or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place AMCG or Con Edison under any fiduciary or other obligation. You hereby grant to Con Edison a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Feedback, and your provision thereof through and in connection with the Service, is complete and accurate, and is not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory.
9. Monitoring. We may (but have no obligation to) analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
10. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us and Con Edison to access or use the Service, you may view one (1) copy of any portion of the Service to which we provide you access under this Agreement solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease accessing or using the Service.
11. Proprietary Rights. We and Con Edison own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include AM CONSERVATION GROUP, INC., and SIMPLY CONSERVE for AMCG, and CON EDISON and CONSOLIDATED EDISON for Con Edison, and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
12. Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
Neither we nor Con Edison control or endorse, or are responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by AMCG or Con Edison with respect to any Third Party Materials. Neither we nor Con Edison have an obligation to monitor Third Party Materials, and we or Con Edison may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our or Con Edison’s endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PRODIVDERS OF SUCH THIRD PARTY MATERIALS).
13. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Service and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) AMCG and Con Edison disclaim all warranties with respect to the Service and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title, and Con Edison disclaims all warranties with respect to the products or items contained in the savings kits. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both AMCG and Con Edison and Con Edison’s parent company, affiliates and their respective shareholders, trustees, directors, officers, employees, agents, representatives, licensors, contractors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at ConEdEnergySavingsKit@franklinenergy.com with a description of such alteration and its location on the Service.
14. Limitation of Liability. To the fullest extent permitted under applicable law: (a) AMCG and Con Edison will not be liable for any damages of any kind, whether direct, indirect, incidental, consequential, special, exemplary or punitive, under any contract, tort (including negligence), strict liability or other theory, resulting from: (i) your access to, or use of, or inability to access or use, the Service, or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith, or (ii) your installation, operation or use of the products or items contained in the savings kits, including damages for loss of profits, use or data or information provided through the service, and loss of other intangibles, even if advised in advance of the possibility of such damages or losses; (b) your sole and exclusive remedy for dissatisfaction with the Service or any Third Party Materials is to stop accessing or using the Service; and (c) the maximum aggregate liability of Con Edison for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (a) the total amount, if any, paid by you to Con Edison to access or use the Service; or (b) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both AMCG and Con Edison and the Affiliated Entities, and their respective successors and assigns. without limiting the generality of the foregoing, you agree to assume the risk of, and release Con Edison and AMCG from all liability for, the installation, operation and use of the products and items contained in the savings kits.
15. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless AMCG, Con Edison and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your access to, or use of, or activities in connection with, the Service (including your submission of any information through the Service and all Feedback); (b) the installation, operation or use of the products or items contained in the Savings Kits, and (c) any violation or alleged violation of this Agreement by you.
16. Termination. This Agreement is effective until terminated. We, at Con Edison’s request or at our reasonable discretion, may terminate or suspend your access to or use of the Service at any time and without prior notice, for any or no reason, including if Con Edison believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to access or use the Service will immediately cease, and we, at Con Edison’s request, may, without liability to you or any third party, immediately delete any information you submitted through the Service, all Feedback, and all associated materials, without any obligation to provide any further access to such information, Feedback and materials. Sections 1-3, 5, 7, 8, and 10–20 shall survive any expiration or termination of this Agreement.
17. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in New York County, New York State, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
18. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that neither we nor Con Edison endorse any of the products or services listed on such site.
19. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to ConEdEnergySavingsKit@franklinenergy.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
20. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AMCG or Con Edison. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without the express prior written consent of Con Edison. AMCG or Con Edison may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement is the entire agreement between you and AMCG relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AMCG relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AMCG or Con Edison will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.