Terms of Service

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.

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 individual's 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. 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 as well as the sanctions control program of the United States.

Furthermore, you state and pledge that you:

• are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
• agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
• agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
• agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

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:

• The content submitted or made available for inclusion on the publicly accessible areas of Your Energy Pros, LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Your Energy Pros, LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
• Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Your Energy Pros, LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Your Energy Pros, LLC's sites and shall terminate at such time when you elect to discontinue your membership.
• For any other content submitted or made available for inclusion on the publicly accessible areas of Your Energy Pros, LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

SMS TERMS OF SERVICE

By opting into SMS from a web form or other medium, you agree to receive SMS messages from Your Energy Pros, LLC. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out.

• SMS Consent Communication: The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties or affiliates for marketing purposes.
• Types of SMS Communications: If you have consented to receive text messages from Your Energy Pros, LLC, you may receive messages related to appointment scheduling, appointment reminders, follow-up messages, billing notifications and promotional offers.
• Message Frequency: Message frequency may vary depending on the type of communication.
• Potential Fees for SMS Messaging: Please note that standard message and data rates may apply, depending on your carrier's pricing plan.
• Opt-In Method: You may opt-in to receive SMS messages from Your Energy Pros, LLC verbally, during a conversation, or by submitting an online form.
• Opt-Out Method: You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly at (858) 633-6749 to request removal from our messaging list.
• Help: If you are experiencing any issues, you can reply with the keyword HELP. You can also get help directly from us by calling (858) 633-6749.

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:

• Your Contributions do not contain any type of confidential or proprietary information;
• Your Energy Pros shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
• Your Energy Pros shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
• The contributor's Contributions shall automatically become the sole property of Your Energy Pros; and
• Your Energy Pros is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

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.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• THE USE OF YOUR ENERGY PROS, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. YOUR ENERGY PROS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• YOUR ENERGY PROS, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) YOUR ENERGY PROS, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) YOUR ENERGY PROS, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE YOUR ENERGY PROS, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

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:

• THE USE OR INABILITY TO USE OUR SERVICE;
• THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
• UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
• STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
• AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

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, 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.