Terms and Conditions
Use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions.
ENERGYguide.com and Acalra Software, Inc, a wholly owned subsidiary of ESCO Technologies, Inc., reserve the right to make changes to this site and these terms and conditions at any time and from time to time. If you object to any terms and conditions of these Terms and Conditions, you should immediately discontinue use of the site.
Copyright and Trademark Notice
- This site is owned and operated by by Acalra Software, Inc, a wholly owned subsidiary of ESCO Technologies, Inc., unless otherwise specified.
- All content included on this site, including without limitation all text, graphics, logos, button icons, images and audio clips, the compilation (meaning the collection, arrangement and assembly) of all such content, and all software used on this site is the property of Aclara Technologies LLC, its affiliates, or its content suppliers and is protected by U.S. and international copyright laws and other laws relating to the protection of intellectual property. The content and software on this site are intended to be used as a resource for managing utility costs. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on this site is strictly prohibited.
- All custom graphics, icons, logos, trademarks and service names used on the site, are trademarks or service marks of Aclara Technologies LLC, its affiliates, or its content suppliers. The use of any of Aclara Technologies LLC's or its affiliates' trademarks or service marks without Aclara Technologies LLC's express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Information
- You are responsible for your own purchasing decisions. This site is designed to help you acquire the information you need to help you make your own decisions. You, however, must make those decisions. You are responsible for properly analyzing and verifying any information you intend to rely upon.
- Aclara Technologies LLC, its employees, and its affiliates do not guarantee the accuracy, completeness or usefulness of the information presented on this website. This site may include views, opinions and recommendations of numerous individuals and organizations. Aclara Technologies LLC and its affiliates do not endorse the views, opinions or recommendations of any third party on this site or who can be reached from links from this site. Some of the information on this site is provided by third parties, including utilities, state agencies and energy suppliers. Aclara Technologies LLC and ENERGYguide.com rely on these parties for the accuracy of their information. Aclara Technologies LLC and ENERGYguide.com intend to update information listed on the site where appropriate, but shall not be liable for any inaccuracies, delays or failures to do so and will not notify users when information has been updated. Please
see our Accuracy Statement for a more detailed discussion of this issue.
- In order to provide you with access to quality services, Aclara Technologies LLC and ENERGYguide.com enter into business arrangements with a variety of third parties. As a result, ENERGYguide.com or Aclara Technologies LLC may receive compensation from or have other business arrangements with some of the businesses whose products are offered on this site. ENERGYguide.com and Aclara Technologies LLC make every effort to ensure the objectivity of its evaluations of products and services and other evaluative information it provides on this site.
- YOU EXPRESSLY AGREE THAT THE CONTENT, SOFTWARE AND MATERIAL PROVIDED ON THIS WEBSITE AND ARE PROVIDED "AS IS." Aclara Technologies LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR SITES LINKED TO THIS SITE, THEIR OPERATIONS, CONTENTS, INFORMATION, OR MATERIALS. Aclara Technologies LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT Aclara Technologies LLC ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THIS SITE OR SITES LINKED TO IT. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Disclaimer and Limitation of Liability as to Products Sold
- ALL PRODUCTS SOLD ON THIS SITE CARRY CAN BE RETURNED FOR ANY REASON WITHIN 30 DAYS, AND CARRY WHATEVER WARRANTEE IS OFFERED BY THE MANUFACTURER. ALL REQUESTS FOR TECHNICAL SERVICE AND SUPPORT FOR THE PRODUCTS SHOULD BE MADE DIRECTLY TO THE MANUFACTURER IN ACCORDANCE WITH THEIR TERMS AND CONDITIONS. EXCEPT AS EXPRESSLY STATED HEREIN, Aclara Technologies LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS WEBSITE. EXCEPT AS EXPRESSLY STATED HEREIN, Aclara Technologies LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF Aclara Technologies LLC AND ITS AFFILIATES ARISING FROM ANY PRODUCT SOLD ON THIS WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL Aclara Technologies LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Product Giveaway and Other Contest Rules
- ENERGYguide.com may sponsor promotional contests from time to time. Please read the official rules for any such promotional contest described elsewhere on this website.
- This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Aclara Technologies LLC and its affiliates are not responsible for the operation of or content located on or through any such site.
- ENERGYguide.com will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Massachusetts, New York, Vermont, Arizona and other states for which such taxes are required.
Jurisdiction and Venue
- You agree that any legal action brought against ENERGYguide.com or Aclara Technologies LLC shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of orders made on the ENERGYguide.com site shall be an appropriate federal state court located in Middlesex County, Massachusetts.