(855) 744-7855 info@EnergyPlanIT.com

Terms of Use

This website (‘Site’) is provided by ENthEnergy, LLC (“We”, “Us” or “Our”). By utilizing this Site you (“You” or Your”) agree to these Terms of Use and Privacy Notice. These provisions may be changed from time to time and without notice at Our sole discretion and as provided by applicable law. You should check this Terms of Use and Privacy Notice frequently for any such changes, but in any case, Your continued access or use of the Site shall constitute acceptance of any modification of the Terms of Use and Privacy Notice.

1. Information Disclaimer

The information on this Site is provided by Us. While We make every effort to ensure the accuracy of this information and the services provided, We disclaim any implied warranty or representation about its accuracy or completeness or appropriateness for a particular purpose. You assume full responsibility for using the information at this Site, and You understand and agree that We are neither responsible nor liable for any claim, loss or damage resulting from its use. The mention of specific products, services or associations at this Site does not constitute or imply a recommendation or endorsement by Us, unless it is explicitly stated. Information on the Site may be changed or updated without notice.

The views and opinions expresses in the media, articles or comments on this Site by visitors, registers users and/or Our staff are those of the speakers or authors and do not necessarily reflect Our views and opinions.

2. Use of this Website

This Site shall be used solely for Your personal, organizational, non-commercial use. You must keep strictly confidential any log-in ID assigned to you or changed by you for utilizing this Site and any products or services provided on this Site. It is your responsibility to ensure that no other individuals or organizations gain access to Your log-in ID without Your express consent.

3. Limited Warranty

THIS SITE, INCLUDING ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED PRODUCTS, SERVICES AND ANY HYPERLINKED WEBSITES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

4. Links to Third Party Sites

Some hyperlinks in the Site may take You outside of the Site or link to articles, videos and/or other websites (“Linked Sites”). The Linked Sites are not under Our control and We are not responsible for the content of any such Linked Sites, any hyperlinks contained in a Linked Site, or any changes or updates to such Linked Sites. We provide these hyperlinks to Linked Sites to You only as a convenience and the inclusion of any hyperlink or content in that Linked Site does not imply endorsement by Us of the Linked Site or the contents contained therein.

5. Intellectual Property Rights

All right, title and interest in and to the intellectual property rights embodied in the Site or any product or service delivered through the Site or any documentation downloaded, emailed or printed from the Site is owned or licensed by Us.

6. Liability for the Actions of Users of the Website

You must not use Our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. We accept no responsibility for any loss or harm incurred.

7. Limiting Liability for Viruses, Damage and Availability

We do not warrant that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is Your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output.

8. Legal Jurisdiction

The laws of the State of Indiana shall govern Your use of the Site and You hereby agree to submit to the jurisdiction of the state and federal courts for or located in Indianapolis, Indiana.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL AND DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGESFOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION, PRODCUTS OR SERVICES VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF SUCH DAMAGES.

10. Notice

Notices to Us should be sent to:

ENthEnergy, LLC

Attn: EnergyPlanIT Website

9365 Counselors Row, Suite 120

Indianapolis IN 46240

11. Digital Millennium Copyright Act Compliance

If You have any copyright concerns about any materials posted on this Site by others, please let Us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512). Please provide Us with written notice (“Notice”) by contacting Us at the following address:

ENthEnergy, LLC

Attn: EnergyPlanIT Website Copyright Concerns

9365 Counselors Row, Suite 120

Indianapolis IN 46240

To be effective, the Notice must include the following:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
  2. Information reasonably sufficient to permit Us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address; Identification of the allegedly infringing material on the Site (“Infringing Material”) and information reasonably sufficient to permit Us to locate material on the Site;
  3. Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”) or if multiple copyrighted works at a single Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  4. A statement that the Complaining Party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Privacy Notice

The following provisions apply to information We learn about or obtain from You when You visit the Site, become a Registered User of the Site and/or submit identifying information and/or energy-related data to Us through the Site. Our use of information and data gathered or obtained by Us or submitted to Us by You is subject to the Privacy Policy in effect at the time of such use or submission.

WHAT WE COLLECT

We receive, store and analyze any information and energy-related data You enter on the Site, submit through the Site or provide in any other manner. This may include, but is not limited to, Your personally identifiable information, organization and building identifiable information, such as name, other identifier, address, phone number and e-mail address. You can choose not to provide information but then certain features of the Site or services provided through the Site may not be available to You. We use the information You provide to provide standardized reports and charts on normalized building energy efficiency performance by either direct means or posted to Your private portal as defined as a sub-domain of this Site that We solely own and control.

We receive and store certain types of information whenever You visit the Site. In addition to information and energy-related data You provide, We may collect the name of the domain and host from which You access the Internet; the IP address of the computer You are using; and the browser and operating system You are using; the date and time You access the Site; and the Internet address of the Website from which You linked to the Site.

HOW WE USE INFORMATION

We use the information and energy-related data You provide and We collect to:

  • Administer the Site and diagnose problems with Our server(s);
  • Verity Your identify;
  • Provide You with information about the Site;
  • Measure the number of visitors to the Site and how the Site is used in order to make the Site as useful as possible to Our Visitors, Registered Users and customers; and
  • Provide authorities or relevant individuals with information related to the Site as required by law.

SHARING INFORMATION

We will not provide Your personally or organizationally identifiable information to anyone except as required to directly provide information You request or services You ordered through the Site. We may aggregate data about visitors to our Site or building performance data in a non-identifiable manner and use it for a variety of purposes, including ranking the performance of a specific building or group of buildings within a larger cohort of similar building types. For example, We may aggregate data for product and/or service development and improved activities on or available through the Site. However, it is important to note that no personally or organizationally identifiable information will be provided to any other person or party unless required by law or specifically authorized by You. We may utilize information You provide to promote the products or services of strategic partners, but will not directly provide Your information to these strategic partners for promotional or advertising purposes.

SECURITY

The Site has security measures in place to protect against the loss, misuse or alteration of information under Our control.

COMPLIANCE WITH COPPA

The Site is not directed at children under the age of 13. We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age. This age requirement is posted each time We request personally identifiable information.

SUBPOENAS

We do not disclose the identities of visitors or registered users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to You. Unless prohibited by law or by a valid court order, We will notify You of any subpoena received from any other party (i.e., for civil litigation) which requires Us to disclose Your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.

13. Statement of Purpose

ENthEnergy, LLC acts as a trusted advisor for its customers’ energy use and cost by providing EnergyPlanIT brand of hosted software services. ENthEnergy charges flat rates and does not share savings with customers. Every effort is made to provide accurate, solution-neutral analysis of first generation utility invoices and energy-related data. EnergyPlanIT customers retain permanent ownership of their identifying information, energy-related data and the performance validation and/or monitoring services delivered to them or provided for them on this Site.

14. Free Baseline Program

EnergyPlanIT’s ‘Free Baseline Program’ provides each new customer organization with a sample Baseline Report for one building, chosen by the customer, at no charge within two (2) business days of the completion of the input form on this Site and submission of utility invoices under the following terms:

  1. Limit of one (1) free Baseline Report for one building per customer organization; defined as any commonly owned and/or operated group of big buildings (health care system, K12 school district, higher education campus, manufacturer, etc.).
  2. Each free Baseline shall include analysis of any 24 consecutive month period of electric utility bills (or sets of bills if electric service is delivered by more than one utility meter, so long as the utility invoices have the same dates of service.)
  3. An exception may be made if Natural Gas is the predominate utility, in which case the free Baseline will analyze any 24 consecutive month period of Natural Gas bills.
  4. An exception may also be made by substituting an older set of 12 consecutive monthly utility bills to establish an earlier base year for performance comparison.
  5. Standard rates apply to any further monthly analysis of the Baselined building.
  6. With a paid order for one or more additional buildings by the customer organization, the building analyzed in the free Baseline Report will receive EnergyPlanIT services free of charge for the duration of the paid engagement.

Copyright © 2017, All Rights Reserved, Patent Pending, ENthEnergy, LLC, Indianapolis, Indiana