Authorization.
The person(s) named in this application (“Participant”, “you” or “your”)
represents that he, she or they, as appropriate, is/are the owner(s) of the
property identified in this application (the “Property”). Participant
represents that Participant is authorized to submit this application (this
“Application”) for participation in the Building Electrification Program (the “Program”) administered by Elevate
Energy (“Elevate”, “we” or “us”). Participant understands and agrees
that by submitting this Application, Participant is agreeing to the “Program
Terms” below.
Program
Terms
Agreement. By submitting this
Application, Participant agrees that the information provided in this
Application is true and correct to the best of Participant’s knowledge. Participant
agrees that these Program Terms govern your participation in the Program.
Eligibility. To participate in the Program you must meet
the following criteria:
·
The Property must be one of
the following types and meet the following location requirements:
o A
building with five (5) or more residential units (“multifamily building”)
located in the state of Illinois, Michigan or Wisconsin; or
o A residential-only
building that has no more than four (4) units and is located within the City of
Chicago.
·
The Property must have gas OR
electric resistance heat.
·
The Property is owned by
and/or serves as the residence of occupants who meet affordability requirements
of at least one of the following:
o
Federal programs that provide
housing subsidies;
o
Located in a census tract within
one of the localities where the Program operates and where at least 50% of residents
of that census tract is at or below 80% of area median income limits; and/or
o
U.S. Department of Housing and
Urban Development (HUD) HOME affordable rent level
limits.
·
Other Program requirements as
determined by Elevate and communicated to you.
Participant
Cooperation. You agree that your
cooperation in the Program, including providing access to energy billing
records and those areas and systems of the Property 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, information you provide in this
Application and as a result of your participation in the Program, your utility
account data including the Utility Data as defined below and information we may
observe or obtain as the result of the assessment or site visits to the
Property (“Data”) for any Program
purpose. This may include, but is not limited to, 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, contractors who
may perform Program work, our funders 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 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 personally identified.
You may revoke this Data access authorization at any
time by making a request in writing to Elevate (which may be provided by email
to your Program contact) or by following the instructions in the applicable
communication. You understand that such revocation will be effective upon
notice from you, and that it 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 account information or access to Elevate.
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 Program Terms. Elevate acknowledges that you do
not authorize use of the Utility Data for purposes other than those explicitly
authorized in these Program 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 your Utility Data to Elevate. The Utility Data 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, will survive including, without
limitation, Elevate’s right to use 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; or of the accuracy
or completeness of any information, data, reports or other materials in
whatever form or format that may be provided to you; 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. To the fullest extent allowable by law,
Elevate will not be liable for injury to or death of any person or damage to
any property (including the Property) in connection with the Program or
otherwise, except to the extent caused by the sole gross negligence or willful
misconduct of Elevate (including any Elevate employee or officer). 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 Property
and sufficient to protect Participant and any party to whom you have an
obligation to indemnify under these Terms or at law or in equity. Upon request,
you will furnish to Elevate insurance certificates evidencing such coverage.
Entire
Agreement; Modification. This Application and these Program Terms
together constitute an 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 Program
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 Program 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 Property.
Neither the course of conduct, any oral statement nor any trade practice will
act to modify these Program Terms.
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.
Governing
Law. The Program, including these Program Terms will 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.
