YOUR PRIVACY IS IMPORTANT TO US!
We are the sole owners of the “Contact Us" form information collected on our site. Our access is entirely limited to your name, email address, the subject, and the message you submit through the “Contact Us" form. Additional information that you voluntarily provide us with via email or through direct contact with be treated with the same strict regard to privacy as your “Contact Us" form information. We will not sell, give, or rent this information to anyone. We will use your information to provide you with an accurate and timely response to your contacted inquiry. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. Unless you specifically advise us not to, we may subsequently contact you via email to update you on new products or services, or changes to this privacy policy.
COOKIE/TRACKER TECHNOLOGY
The Site may use cookie and tracking technology for the purpose of providing a better user experience. This technology may gather information such as browser type and operating system and tracking the number of visitors to this Site. This is done to better understanding how visitors are using this site.
COMMITMENT TO DATA SECURITY
The personally identifiable information you submit on this website is kept secure. Your information is protected both online and offline. The information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon on your web browser, as well as viewing the “https” at the beginning of the web address – https://www.YourEnergyPros.com.
The site does link to third party sites, such as Google, Facebook and Yelp that may collect information used to identify you. Please review their respective privacy policies as they will differ from this policy.
PRIVACY AND CONTACT INFORMATION
If you have any questions, concerns, or comments regarding our privacy policy, you may contact us using the information on our contact page.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Your Energy Pros, LLC, also known as Your Energy Pros, located at 8614 Alpine Ave, La Mesa, California 91941 and our subsidiaries and affiliates, in association with the use of the Your Energy Pros website, which includes YourEnergyPros.com, (the "Site”) which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
The site provides information and resources related to reducing the energy footprint of a residential and/or commercial property. The site additionally provides the means for an individual or company to request additional information and/or a complimentary energy audit for their property. This request is input into the site via a contact form. The information being requested is the individuals name, phone number, email and property address. Once this information has been submitted, a representative of Your Energy Pros will attempt to contact the individual either by phone or via email to answer any questions and/or set up an Energy Audit appointment. The goal of this appointment will be to identify areas of energy wastage. Following the initial energy audit, the individual will be provided with a series of recommendations aimed at reducing said property's electrical utility bill.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Your Energy Pros, LLC. At its discretion, Your Energy Pros, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Your Energy Pros, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Your Energy Pros, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Your Energy Pros, LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Your Energy Pros, LLC Online Privacy Policy (see the full Privacy Policy above). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Your Energy Pros, LLC and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations - https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear as well as the sanctions control program of the United States - https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information
Furthermore, you state and pledge that you:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Your Energy Pros, LLC shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Your Energy Pros, LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed "publicly accessible" areas of Your Energy Pros, LLC's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Your Energy Pros, LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
INDEMNITY
All users herein agree to insure and hold Your Energy Pros, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Your Energy Pros Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Your Energy Pros's sites.
MODIFICATIONS
Your Energy Pros, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Your Energy Pros, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Your Energy Pros, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Your Energy Pros, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Your Energy Pros, LLC’s Services and any essential software that may be used in connection with our Services (" Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Your Energy Pros, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Your Energy Pros, LLC Services (e.g. Content or Software), in whole or part.
Your Energy Pros, LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface, which is provided by Your Energy Pros, LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR ENERGY PROS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
RELEASE
In the event you have a dispute, you agree to release Your .Energy Pros, LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Your Energy Pros, LLC's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Your Energy Pros, LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Your Energy Pros, LLC may furnish you with notices, including those with regards to any changes to this TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of this TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Your Energy Pros, LLC trademarks, copyright, trade name, service marks, and other Your Energy Pros, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Your Energy Pros, LLC. You herein agree not to display and/or use in any manner the Your Energy Pros, LLC logo or marks without obtaining Your Energy pros, LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES
Your Energy Pros, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Your Energy Pros, LLC may disable and/or terminate the accounts of any user who violates this TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The Your Energy Pros, LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Your Energy Pros, LLC
Attn: Copyright Agent
8614 Alpine Ave
La Mesa, California 91941
Telephone:+ I (858) 633-6749
Email: contact@YourEnergyPros.com
CLOSED CAPTIONING
BE IT KNOWN, that Your Energy Pros, LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at YourEnergyPros.com.
GENERAL INFORMATION
ENTIRE AGREEMENT - This TOS constitutes the entire. agreement between you and Your Energy Pros, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Your Energy Pros, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Your Energy Pros, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Your Energy Pros, LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM - It is at the mutual agreement of both you and Your Energy Pros, LLC with regard to this TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to this TOS, or the relationship between you and Your Energy Pros, LLC, shall be filed within the courts having jurisdiction within the County of San Diego, California or the U.S. District Court located in said state. You and Your Energy Pros, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS - At any time, should Your Energy Pros, LLC fail to exercise or enforce any right or provision of this TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.
STATUTE OF LIMITATIONS - You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this TOS must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS - Please report any and all violations of this TOS to Your Energy Pros, LLC as follows:
Mailing Address:
Your Energy Pros, LLC
8614 Alpine Ave
La Mesa, California 91941
Telephone: +I (858) 633-6749
Email: contact@YourEnergyPros.com
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