Terms and Conditions

Your privacy is a critical concern for Franklin Energy Services, LLC. and its affiliates (“Providers”), and any contractors (“Service Providers”) that participate in this program.  Read these terms and conditions (“Agreement”) thoroughly before accessing or using this website or any service or tool it contains including, but not limited to, any information presented, calculators, calculations, descriptions, or any other material contained or to which a referral is made (collectively, the “Service”). All accessing of the Service is governed by this Agreement. If you (“User”) do not agree to this Agreement, you should immediately cease all accessing and usage of the Service.

This website contains tools developed, supplied and maintained by Franklin Energy and other organizations. The terms and conditions for programs, services and tools provided on behalf of third parties through this website are subject to the terms and conditions applicable to those third-party programs, services, and tools.

To the fullest extent permitted by applicable law, Provider and any of its Service Providers including, but not limited to, Franklin Energy reserve the right, at their sole discretion, at any time, to modify this Agreement in a manner consistent with applicable laws and regulations. Modifications shall become effective thirty days after being posted or dispatch of an email notifying you of such modifications. User’s continued accessing of this website and/or any use of any tool it contains after notice of such amendments constitutes an acknowledgement and acceptance of Agreement and its modifications. It is highly recommended that User checks this Agreement for any changes prior to any accessing and/or usage of the Service.

1. Notice Required By The Information Practices Act

Any personal information collected from you by the Service is subject to the protections established by the California Information Practices Act of 1977 (“Information Practices Act”) (Civil Code, sections 1798 et seq.). Personal information includes, but is not limited to, your name, home address, telephone number, and energy usage.

Provider and associated local energy programs and service providers, provides local residents and business owners with financing and solutions for energy and water efficiency retrofits. The purpose of the Service is to make it easier for applicable utility consumers to get information about the programs and solutions relating to their utility systems, and then, if User specifically requests, to help connect them with contractors, energy upgrade advisors and/or vendors to conduct the work and financing for the energy and water efficiency-related improvements. Participation is voluntary. Therefore, if you submit information into the Service, including information that may considered personal as defined by the Information Practices Act, you agree and acknowledge that you are providing such information voluntarily, and that you are consenting to the disclosure of your personal information subject to the terms and conditions provided in this Agreement.

Pursuant to Section 1798.17 of the Information Practices Act, you are hereby provided the following notice:

1. This information is being requested by Provider.

2. The Provider is responsible for the system of records and shall, upon your request, inform you regarding the location of your records and the categories of any persons who use the information in those records. You have a right to access records with your personal information maintained by Provider.

3. Each item of information you submit to Provider is entirely voluntary. This program is optional, and designed to assist you with making and financing energy and water efficiency improvements to your property.

4. The potential consequences of not providing all or any part of the requested information in the Service include but are not limited to; an inability to provide you the best information, and an inability to properly connect you with contractors, utilities, financial institutions and other participating partners to facilitate your energy and water efficiency upgrade project. You may be able to benefit from programs and incentives not provided by Provider contacting the issuing entities directly, outside of the Service.

5. The principal purposes for collecting this information (“Principal Purposes”) include but are not limited to:

1. providing you with information about energy and water efficiency system upgrades, incentives, potential savings, contractors, and financing;

2. connecting you directly with contractors, utilities, energy upgrade advisors, financial institutions and other participating partners to facilitate your energy and water efficiency system upgrade project;

3. reporting program information for activities funded by the American Recovery and Reinvestment Act of 2009 to the U.S. Department of Energy and other similar programs;

4. monitoring, verification and evaluation of energy and water efficiency system projects;

5. monitoring the expenditure of public funds for fraud, waste and abuse; and

6. research and analysis of the types and effectiveness of energy and water efficiency system upgrade projects;

Participating in Provider programs and submittal of your personal information into the Service requires your voluntary consent to disclose your personal information for the Principle Purposes described above, at any time without limitation after you submit the information, except that your personal information will only be disclosed to those specific contractors or financial institutions which you expressly authorize by further specific consent unless compelled by a court of law.

2. License Grant

Subject to the terms and conditions of this Agreement, Provider grants you a non-exclusive, non-transferable license to use the Service solely for your personal, non-commercial use.

3. Restrictions

You may not (i) modify, copy or create derivative works based on the Service; (ii) frame or mirror any content forming part of the Service: (iii) reverse engineer or otherwise derive the software underlying the Service; (iv) interfere with, disrupt, alter, translate, or modify the Service or any part thereof, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, any external websites that are linked to via the Service; (v) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Service; (f) cover or obscure any page or part of the Service via HTML/CSS, scripting, or any other means; or (g) make the Service available to any third party as part of any time-sharing or service bureau arrangement.

4. Warranties

To the fullest extent permitted by applicable law, Provider and any of its service providers including, but not limited to, Franklin Energy make no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and disclaim all warranties, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Service is provided on an “as is” and on an “as available” basis. Certain states and/or jurisdictions do not allow the exclusion of implied warranties, so the exclusion set forth above may not apply to you.

5. Limitation of Liability

To the fullest extent permitted by applicable law, neither Provider nor any of its service providers including, but not limited to, Franklin Energy or any of their respective officers, directors, shareholders, employees, affiliates, agents, sponsors, endorsers, advisors, licensors, or any other party including those involved in creating, producing, or distributing the Service and/or related material will be held responsible or liable, directly or indirectly, for incorrect information, typographical errors, accuracy, content, timeliness, completeness, legality, reliability, availability, quality, suitability or decency of any information, advice, content, material, service, product or merchandise contained anywhere on the Service or referred to by same.

Neither Provider nor any of its service providers shall be liable for any special, direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of goodwill or loss of use, arising out of or related to the Service or the information contained in it or referred to by it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Provider and/or any of its service providers has been advised of the possibility of such damages. This limitation applies even if it causes any remedy to fail of its essential purpose. Among others, such damages may result or arise from; (a) the use of and reliance on information provided the Service; (b) the inability to use the Service; (c) mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to the Service, including without limitation those that result from acts of god, communications failure, theft, destruction, or unauthorized access to records, programs, or service; (d) merchandise, products, or services received through or advertised on the Service or affiliated properties and merchandise, products, or services received through or advertised or in any way presented on any links provided on the Service or on those affiliated properties; (e) information or advice received through or advertised on the Service or its affiliated properties, and information or advice received through or advertised on any links provided on the Service or on affiliated properties; and (f) any information, data, text, messages and other materials that User emails, posts, uploads, reproduces, transmits or otherwise distributes using the Service and/or related systems. Because some jurisdictions do not allow certain restrictions, exclusions or limitations of liability, in such jurisdictions liability is limited to the fullest extent permitted by law. If User is dissatisfied with any portion of the Service, or with any part of Agreement, User’s sole remedy is to discontinue use of the Service.

6. Indemnification

To the fullest extent permitted by applicable law, User agrees to indemnify and hold Provider and its service providers including, but not limited to, Franklin Energy their respective parents, subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including all fines, suits, proceedings, claims, causes of action, demands, losses or liabilities of any kind or of any nature, and including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, violation of this Agreement, or infringement by User, or other user of the Service using User’s facilities, of any intellectual property or any other right of any person or entity.

7. Third-Parties

The Service may include links to other websites on the Internet that are owned and operated by third parties. User acknowledges that Provider and its service providers including, but not limited to, Franklin Energy are not responsible for any content related to or product obtained from any third-party site including, but not limited to, its correctness, accuracy, timeliness, completeness, legality, reliability, availability, quality, suitability or decency. The User should contact the administrator or webmaster for those third-party websites if User has any concerns regarding such links or the content located thereon. The User’s use of third-party websites is subject to the terms and conditions of each of those websites; Users are encouraged to review those terms and conditions. User acknowledges that any reliance on representations and warranties provided by any third party shall be at User’s own risk. In addition, Provider and its service providers make no warranties or representations whatsoever with regard to information obtained from third party data sources and used by the Service; User acknowledges that reliance on such information is at User’s own risk. Provider and its service providers make no warranties or representations as the accuracy of the information supplied by or to any third parties.

8. Governing Law

This Agreement shall be construed and interpreted according to the substantive law of California and all disputes will be resolved in the state and federal courts located in Marin County, California. Provider and its service providers including, but not limited to, Franklin Energy make no representation that the Service are appropriate, legal or available for use in other locations. The User is responsible for compliance with any such laws. User may not use the Service in any way that violates state, federal, or international laws, regulations or other government requirements. The User further agrees not to use the Service to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Modifications and Interruptions

Provider and its service providers including, but not limited to, Franklin Energy reserve the right to modify or discontinue the Service, in whole or in part, at any time without notice to the User. Provider and its service providers shall not be liable to User or any third party should Provider and/or its service providers exercise their right to modify or discontinue the Service. User acknowledges and accepts that Provider and its service providers do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside its control.

10. Intellectual Property

The Service and all intellectual property rights in the Service, all content included or available on the Service including, but not limited to, trademarks, calculations, algorithms, website design, Tool design, text, graphics, interfaces, and the selection and arrangements thereof (“Content”) and any of the Provider’s or its service providers’ proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available to you or used by Provider in providing the Service (“Technology”) are the property of Provider and/or its service providers and/or third parties. Any use of such materials including, but not limited to, reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Provider and/or its service providers and/or third parties, as appropriate, is strictly prohibited. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Service, the Content or the Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Technology. All rights not expressly granted to you are reserved to Provider.

11. Entity

You represent and warrant that you are an actual person, of eighteen years of age or older, that you possess the right to provide the information submitted, and that the information submitted is accurate, complete and truthful.

12. No Recourse against Constituent Members of Provider

Provider is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to the Joint Powers Agreement and is a public entity separate from its constituent members. Provider shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. You shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Provider’s constituent members in connection with this Agreement.

13. Privacy

Provider and its Service Providers will comply with the requirements of federal and state laws and regulations regarding consumer privacy and marketing.

13. Notices

You are responsible for updating your data to provide Provider with your most current email address. In the event that the last email address you have provided to Provider is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Provider’s dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described on the notice. Any notice provided to Provider pursuant to this Agreement should be sent to Pacific Gas and Electric Company, 781 Lincoln Ave suite 300, San Rafael, CA 94901.

14. General

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

15. Trademarks, Copyrights and Restriction

All content, graphics, images, audio and video clips on this site are subject to trademark, copyright and/or other proprietary or intellectual property rights or licenses held by the Provider or Pacific Gas and Electric Company.

16. Product Specifications

Product specification(s) posted on this site, or otherwise represented by Provider, may vary and are subject to change without notice. Product suitability, electricity, gas, water and dollar savings where provided are believed to be accurate to the best of our knowledge. Actual savings, product performance and product longevity may vary depending upon user application and product specification. Provider makes generalized, not finite representations as to the product savings, life, suitability, or use applicability. It is the buyers’ responsibility to quantify product suitability for applications which require finite specifications unless otherwise represented by Provider.

17. Warranty

All goods sold are guaranteed to be free from defects in material and workmanship for a period of 60 days from shipment. Some products may include a longer warranty period; please refer to product packaging or specification on the products’ webpages for more detailed information. To request a copy of warranty information for a specific product, please contact customer service via phone 1-800-777-5655 or email customercare@PGE.amcgmarkeplace.com

Other than this warranty, Provider makes no warranty of any kind, express or implied, including any warranty of merchantability, fitness for purpose or otherwise. Provider shall in no event be liable for any incidental, indirect, special or consequential damages of any kind, in contract, tort or otherwise. Provider’s liability and buyer’s exclusive remedy is limited to the replacement of non-conforming products or payment in an amount not to exceed the purchase price of the specific products for which damages are claimed at the option of the seller.

18. Credit Card Statements

“AM Conservation Group” will appear on your credit card or bank statements for purchases made on this store.