Authorization. The person or entity named in this application
(“Participant”) represents that it
is the owner and/or manager of the building(s) specified in this application
(the “Building”). Further, the
person who submits this application represents that he or she is authorized to
enter into and perform this Agreement on behalf of Participant including,
without limitation, to provide the information and access, and perform other duties
required for participation in Elevate’s Full-Service Energy Efficient Building Services Program
(the “Program”).
Program Terms and
Conditions
Agreement. By submitting this application, I agree that
I am entering into a legally binding agreement with Elevate, 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.
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.
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
including the Utility Data as defined below, 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, except as
otherwise provided in these Terms, you acknowledge that such revocation will be
prospective and will result in termination of your participation in the
Program.
Utility Data
Authorization. You understand that Elevate seeks access to Participant’s
utility usage information for each of the utility accounts you provided above
or otherwise provided by you in connection with the Program (collectively the “Utility Data”). The Utility Data may
include your utility bill history, utility usage levels (including but not
limited to, electricity usage levels for distinct time periods no longer than
60 minutes to the extent that information has been recorded and retained by
your electricity utility provider) and other information provided by each
utility for which you’ve provided an account number above.
With respect to your electricity usage information, you authorize
your electricity utility to provide your electricity usage information to
Elevate solely for the purpose of participating in the Program as specified in
these Terms. Elevate acknowledges that you do not authorize use of the Utility
Data for purposes other than those explicitly authorized in these Terms.
Elevate may disclose your Utility Data to its contracted third party vendors or
its affiliates for this purpose only. Elevate, its affiliates and its
third-party vendors will not sell or license your electricity usage information
to any other party for any purpose.
You authorize the utilities specified above to provide
Elevate your Utility Data, which may include electricity usage information for
the previous 24 months as well as 24 future months.
This authorization to access and use your Utility Data will
expire (a) immediately upon the occurrence of any legally mandated expiration
which, for your electricity usage information, is 24 months after your
submission of this application to Elevate, or (b) upon notification by you to
Elevate or to the relevant utility that you have revoked Elevate’s
authorization to access your Utility Data.
You understand that you can report any concerns about your
rights under this authorization and Elevate’s or the relevant utility’s
compliance with its duties under this disclosure to:
ILLINOIS ATTORNEY GENERAL’S
CONSUMER FRAUD DIVISION
http://www.illinoisattorneygeneral.gov/consumers/index.html
Chicago:
800-386-5438; 800-864-3013 (TTY)
Springfield:
800-243-0618; 877-844-5461 (TTY)
Carbondale:
800-243-0607; 877-675-9339 (TTY)
OR
ILLINOIS COMMERCE COMMISSION
CONSUMER SERVICES DIVISION
800-524-0795
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.
Disclaimer. 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.
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.
Insurance. 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.
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.
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.
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.
Assignment. 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.
Severability. 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.
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.
