1. SERVICE

The Website is offered through rewiringamerica.org and carbonswitch.com. The Website hosts tools and content that help individuals understand the financial, health, and climate benefits of electrification, which consists of removing fossil fuel-fired appliances in favor of electric alternatives or generating on-site renewable energy. The Website hosts electrification planning tools including the Calculator, which allows users to estimate their eligibility for government- or utility-funded electrification subsidies under the Inflation Reduction Act and various other federal, state, and local provisions ("Incentives"). The planning tools require users to provide information about their home, home’s characteristics and appliances, home’s location, household, tax status, income, and personal priorities and goals, among other factors, in order to provide more personalized information about electrification. The Rewiring America API (“API”) makes available certain specified functionality of the Website available through an API or embedded widget. API use by API Customers is subject to a separate agreement and these Terms do not grant rights to use the API. The Website and its planning tools may include links to third-party resources or include information about third-party service providers. We are not responsible for the actions, content, or privacy practices of API Customers or any other third parties or their websites but your use of the Calculator and any results received through a third-party website via API is subject to these terms.

The Services are owned and operated by Windward Fund (“Rewiring America,” "Company," “we,” or “us”). Rewiring America, and their affiliates and investors are the Team. As a user of the Services or a representative of an entity that’s a user of the Services (other than an API Customer), you're a “User” according to this agreement (or “you”).

These Terms define the terms and conditions under which you’re allowed to use the Services and how we’ll treat your account if you've created one with us. If you have any questions about our terms, please contact us at hello@rewiringamerica.org.

We may change any of the Terms by posting revised Terms of Use on our Website or by sending an email to the last email address you gave us (if we have one). If you continue to use the Services after changes are posted you will be deemed to have accepted the change. The new Terms will be effective immediately and apply to any continued or new use of the Services, unless you are an account holder and you terminate your account within 10 days and cease use of the Services. We may change the Website, the Service, or any features of the Service at any time.

2. RIGHTS

2.1. Proprietary Rights Owned by Us

The Services (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the Services are also copyrighted works. All copyrights in the Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. All trademarks, service marks and trade names of the Rewiring America or its partners, vendors or licensors used herein (including, but not limited to, the Rewiring America name, Windward Fund name, and associated logos) (collectively “Marks”) are trademarks of the Rewiring America or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the Rewiring America’s prior written consent.

2.2. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material you enter into our planning tools (including the Calculator) or save in your account profile (if you are a website visitor). You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms.

2.3. Privacy Policy

By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy. Our Privacy Policy is available here. We retain the right to access and use your information as it relates to your use of the Services. Except if we tell you otherwise, we will not sell, share, or otherwise disclose your information, data you process through the Services , or information about your usage to a third party (other than our service providers and as provided here or in our Privacy Policy) unless we are required to by law enforcement or unless you explicitly consent. For example, you understand and agree that if you share your information with us in the context of referral services or request referral services that you agree that we may share your profile information and other personal information with entities we partner with such as retailers (e.g. sellers of heat pumps), manufacturers (e.g. manufacturers of heat pumps), contractors (e.g. installers of heat pumps), or banks and financing companies (e.g. who could finance a heat pump purchase).

3. RULES AND ABUSE

3.1. General Rules

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. If you violate any of these Terms, then we may suspend or terminate your account or block your use of the Services.

3.2. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

3.3. Compliance with Laws

You represent and warrant that your use of the Services, including the data you upload and how you acquired that data, will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations or other laws. If you're subject to regulations (like HIPAA or GLBA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. Our Services are directed to users in the United States. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

3.4. Permitted Usage; Usage Restrictions

Provided your usage of the Services and the way you acquired, uploaded, and use the data is in compliance with all applicable laws (including but not limited to those listed in section 3.3), you may use or store data from the Services however the license for the underlying data permits it. We use reasonable efforts to determine that our underlying data sources permit replication, but you take responsibility for ensuring your usage complies with our sources' licenses. All results of the planning tools including the Calculator are provided solely for your personal, noncommercial use. You understand that we make no guarantees about fitness for a particular purpose, and that you take on full responsibility for your usage of the Services and data derived from the Services (such as the results).

3.5. U.S. Export Controls

The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re using the Software at your own risk. Downloads of the Software are not permitted.

4. LIABILITY

4.1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE AND THE SERVICES, INCLUDING ANY DOWNLOADS FROM THE WEBSITE. WE AND OUR TEAM WON’T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE’VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY YEAR WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE FOR THE YEAR BEFORE THE CLAIM WAS MADE (AND IF NO FEE WAS PAID, THEN $25).

4.2. No Guarantee of Results

All the information presented by the planning tools including the Calculator is for educational and informational purposes only. It is not intended to provide specific guarantees of economic savings, health outcomes, or investment or tax guidance. We don't guarantee the accuracy of the tool and suggest that you consult with your tax advisor regarding your individual tax situation and a home contractor, HVAC contractor, electrician, solar installer, or other tradesperson about maintenance or equipment upgrades in your particular home.

4.3. Referrals

Any third-party products or services that are provided by us in connection with the Services or if we provide information or referrals, the third-party products or services are provided pursuant to the terms of the applicable third-party agreement, and we assume no responsibility for, and specifically disclaim any liability or obligation with respect to, any third-party products. If you use our Services to be matched with a home contractor, HVAC contractor, electrician, solar installer, any other tradesperson, or other individual or organization to provide electrification services ("Contractors") or to find a particular appliance or piece of equipment (“Equipment”) from a particular retailer (“Retailer”), you are doing so at your sole risk. We do not perform background checks on Contractors or Retailers and are in no way responsible for Contractors or their work (or any other acts or omissions of Contractors) nor for any equipment purchased from Retailers. We do not vet Contractors or Retailers (or the equipment they sell) for quality and are in no way responsible for the performance of the Retailer or the Equipment.

4.4. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE MATERIAL ON THE WEBSITE AND THE SERVICE AS IS. THAT MEANS WE DON’T PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

4.5. Indemnity

You agree to indemnify and hold us and our Team harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) by any third party due to or arising out of or in connection with your use of the Services.. You also agree to indemnify and hold the Team harmless from any losses (including attorneys' fees) that result from third-party claims that you or someone using your password did something that, if true, would violate these Terms.

4.6. Attorneys' Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorneys' fees and any damages or other relief we may be awarded.

4.7. Equitable Relief

If you violate these Terms, we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

4.8. Disclaimers

We and our Team aren’t responsible for the behavior of any linked websites or other users nor for any API Customers that provide you access to the Calculator or results.

5. FINE PRINT

5.1. Notice to U.S. Government End Users

The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: only as Commercial Items, with the same rights as all other end users, and according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Windward Fund.

5.2. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

5.3. Choice of Law

California’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in San Francisco County, California, and each party hereby agrees to be subject to the jurisdiction of those courts.

5.4. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, pandemics, epidemics, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

5.5. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, Referrals, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement. In addition, any terms that by their nature should survive, do, and the terms regarding account holders will also continue to apply to those users.

5.6. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

5.7. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

5.8. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website or provide you notice directly. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

5.9. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

5.10. Notification of Security Breach

In the event we are aware of a meaningful security breach that may affect you, we’ll notify you of the breach and provide a description of what happened consistent with legal requirements.

5.11. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us via email.

5.12. Entire Agreement

These Terms and our Privacy Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to, make up the entire agreement and supersede all prior agreements, representations, and understandings, unless you have signed an alternate agreement with Windward Fund that expressly overrides these Terms.

5.13. Feedback

You hereby grant Rewiring America a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) you communicate to us during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Our rights granted in the previous sentence include the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Notwithstanding any terms between us, such as in an NDA, Feedback will not be considered your confidential information. (“Feedback” refers to any suggestion or idea for modifying any of our products or services, including without limitation all intellectual property rights in any suggestion or idea.)

5.14. Terms

Use of the terms “include” and “including” are meant to be inclusive and mean “include without limitation” or “including without limitation.”

6. WEBSITE VISITOR ACCOUNTS

6.1 Eligibility

In order to create a user account (which includes signing the pledge), you must: be at least 18 years old and able to enter into contracts; complete the registration process; agree to these Terms; provide true, complete, and up-to-date contact information.

By using a user account, you represent and warrant that you meet all the requirements listed above and that you won't use the Services in a way that violates any laws or regulations. Rewiring America may refuse service, close accounts of any users, and change eligibility requirements and terms at any time. If you sign up for the Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on its behalf.

Creating an account is required to use certain features of the Website, but even users who do not create an account are agreeing to the Terms by using the Website.

6.2 Term

These Terms apply as long as you use the Services.

6.3 Closing Your Account

You can request deletion of your account by emailing us at hello@rewiringamerica.org. We may suspend our Service to you at any time, with or without cause. Even if you've paid a fee, we won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 12 or more months, or we receive a bounceback that your email is no longer in service, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

6.4 Account and Password

You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords not in our possession. We don’t have access to your current password, and for security reasons, we may only reset your password. You can email us to do so.

6.5 Account Disputes

We don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.

To contact us at any time, you can email hello@rewiringamerica.org.