(Dated March 27, 2015)
These terms may be modified from time to time without notice by Franklin Energy Services, LLC (“Franklin Energy”), and the most up-to-date Terms may be accessed on the Portal. Amendments become effective at the time they are posted to the Portal. Your continued use of the Portal after amendments are posted will constitute your acceptance of such amendments.
If you do not accept these Terms, please do not use this Portal.Register for Access
The Portal offers users a variety of functions and services. Many of the services use personal and customer account information. To protect your privacy, we may require that you establish an online profile. We reserve the unqualified right to accept or decline an application to register for online access; terminate any online profile; and to discontinue the provision of any service related to such an online profile.
When registering for online access, you will either designate or receive a username and password that you can use to establish your identity when you sign in for and use certain services. You agree to provide accurate and complete information when registering for online access; to update your information as necessary so that it remains accurate and complete; and not to impersonate any other person, operate under an alias, or otherwise conceal your identity.
The right to use the services and functions of an online profile on the Portal is limited to you as the party enrolling and those authorized persons to whom you give your password. You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to be responsible for all acts or omissions with respect to access to or use of an online profile by any person using your password and to hold Franklin Energy harmless from any claims resulting from improper use of your password. You agree to immediately notify Franklin Energy of any unauthorized use of your password or account, or any other breach of security of which you become aware.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Portal. You agree that Franklin Energy may terminate your use of the Portal in Franklin Energy’s sole discretion for any reason.
You shall not access or attempt to access password protected, secure, or non-public areas of the Portal, except with the authorization of Franklin Energy. Franklin Energy has no obligation to monitor the Portal; however, you acknowledge and agree that Franklin Energy has the right to monitor the Portal electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Portal properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Portal. You shall not transmit any materials or information to this Portal that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Franklin Energy; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component. You will not “mirror” the Portal or any of its content on any other service without the express permission of Franklin Energy. You will not use the Portal to gain unauthorized entry or access to other computer systems or networks.Customer Reviews of Contractors (or “Trade Allies”)
Customer reviews are meant to give customers genuine feedback regarding contractor services from fellow customers. Anyone who has submitted a project for rebate and has created an account on Efficiency Navigator may post a review about services received through a program. Reviews should be informative, specific, and respectful.
The following are examples of reviews that Franklin Energy does not allow:
- A Trade Ally posts a review its own service, posing as an unbiased customer.
- A customer, unhappy with the services, posts multiple negative reviews for the same services
- A customer posts a review in exchange for a benefit, such as money
- A family member of the Trade Ally posts a positive, but false, customer review
- A Trade Ally posts negative reviews regarding competitor's services
- A customer posts reviews that are not honest.
- Reviews that may be considered to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, a violation of law or otherwise objectionable.
Reviews are moderated before publishing. Although Franklin Energy is not responsible for the content of any of these messages, Franklin Energy reserves the right to not post, modify, or remove reviews that include objectionable material, promotional content, inappropriate content, or off-topic information. Franklin Energy reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Portal at any time and for any reason.
Franklin Energy may allow a Trade Ally the opportunity to address a negative review directly with the customer prior to posting the review to the Portal, and may reveal the customer’s name and project details to the Trade Ally who provided services for this purpose. Each message expresses the view of its author, and not necessarily the views of the Portal, Franklin Energy, or any Franklin Energy client associated with delivery of a program.Suggestions
If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Ideas"), the Ideas shall be deemed, and shall remain, the property of Franklin Energy. None of the Ideas shall be subject to any obligation of confidentiality on the part of Franklin Energy. Franklin Energy shall not be liable for any use or disclosure of any Ideas.Copyright and Trademarks
This Portal and all information, documentation, and other content posted in or on this Portal are subject to copyright Franklin Energy Services, LLC and/or its affiliates or licensors. All rights reserved.
Except as otherwise noted on this Portal, all information, documentation, and other content posted on this Portal are the property of Franklin Energy, its affiliates, its licensors, and/or its affiliates’ licensors. The graphics, icons, and overall appearance of this Portal are the property of Franklin Energy. The posting of information, documentation, and other content does not constitute a waiver of any of Franklin Energy’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Portal are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Portal. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Portal without the prior written consent of Franklin Energy. You may view, print, copy, and download portions of the information, documentation, and other content of this Portal solely in connection with your use of the Portal, and solely for your own individual, internal, non-commercial use or records. Franklin Energy and its affiliates reserve the right to revoke this authorization at any time.
Franklin Energy, Franklin Energy’s logo, and other names of Franklin Energy products and services referenced herein are trademarks or registered trademarks of Franklin Energy, respectively. All other products, services, and company names mentioned herein are the trademarks of their respective owners, including clients of Franklin Energy.Links and Third-Party Websites
The Portal may display links to other websites or electronic services sponsored by third parties. If you click on one of these links, you will leave the Portal and go to the site of a third party. In addition, if you request certain content appearing on the Portal, you may be taken to a third party's site that is hosting the content. In some cases, the third party's content may be "framed" in such a way that it appears you are still on the website. Franklin Energy is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that Franklin Energy endorses or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby.Disclaimers
Franklin Energy and its affiliates assume no responsibility for errors or omissions in the contents, functions, materials, information, products, or services contained or described on or accessed through this Portal (collectively, the “Information”). Such Information is subject to change at any time without notice, and these Terms apply automatically to any new or modified Information.
Franklin Energy and its affiliates do not guarantee, represent, or warrant that the Information, text, graphics, links, or other items contained or described on this Portal are or will be accurate, complete, current, reliable, or suitable for any particular purpose, that your access will be uninterrupted, that the Information is free of computer viruses, or that this Portal cannot be tampered with by third parties. The Information is not intended to be legal, tax or financial advice, and Franklin Energy and its affiliates disclaim all responsibility for any claims arising from reliance on the Information.
Franklin Energy does not guarantee and makes no representations or warranties concerning its ability to prevent unauthorized access to or tampering with the Portal or information accessible through the Portal. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure, and communications to and from you may be read, used, or intercepted by others.
THIS PORTAL AND ALL INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS PORTAL, INCLUDING REVIEWS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PORTAL IS AT YOUR SOLE RISK.
BY USING THIS PORTAL, YOU AGREE THAT FRANKLIN ENERGY, ITS AFFILIATES, AND ITS CLIENTS SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, OR DATA, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORT THAT MAY RESULT FROM OR BE RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS PORTAL, ANY WEB SITE OPERATED BY A THIRD PARTY, OR THE INFORMATION CONTAINED ON THIS PORTAL OR ANY OTHER WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS PORTAL AND/OR ANY PORTAL-RELATED SERVICES IS TO STOP USING THIS PORTAL AND/OR THOSE SERVICES CONTAINED ON THIS PORTAL.
You agree to defend, indemnify, and hold harmless Franklin Energy, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys' and experts' fees) arising in any way from your use of the Portal or the placement or transmission of any message, information, software, or other materials or content on or through the Portal by you or users of your online profile or related to any violation of these Terms by you or users of your online profile.
The Terms state the entire agreement between you and Franklin Energy relating to your use of the Portal, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms are superseded by and merged into these Terms. These Terms may not be amended, except by Franklin Energy, as provided at the beginning of these Terms.Laws and Regulations
Except to the extent that federal law may govern, these Terms and your access to and use of this Portal are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Wisconsin, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Milwaukee County, Wisconsin, USA, in the event of any dispute arising under these Terms or arising out of your use of this Portal, and waive any future right to object to such jurisdiction and venue. The provisions of these Terms are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms, and these Terms will be construed as if such unenforceable provision had not been contained herein. No waiver by Franklin Energy, of any right under or provision of these Terms will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.Notices
Where required, Franklin Energy may give notice to you by a general posting on the Portal, by electronic mail, or by conventional mail to your address of record. You may give notice to Franklin Energy by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Portal, or your dealings with Franklin Energy, please write to:Franklin Energy Services, LLC
102 N. Franklin Street
Port Washington, WI 53074