Energy Efficiency Program Terms & Conditions
This Energy Efficiency Program (“Program”) is funded by Nicor Gas Company (“Nicor”) customers in compliance with the Illinois
Public Utilities Act (220 IL CS 5/8-104). Your participation in the Program, including your application and submission of application
for the Program (all such activities are collectively referred to as “Participation”) are governed by the Terms and Conditions
included in the Program’s website(s) and these Energy Efficiency Program Terms & Conditions (“EEP T&Cs”). The Terms and
Conditions included in the Program’s website(s) and these EEP T&Cs are collectively be referred to as “Terms.”
Throughout these EEP T&Cs, the words “you,” “your,” and “yours” refer to any person or entity taking part in your Participation,
and the words, “Company,” “we,” “us,” and “ours” refer to GTI Energy and one or more of its Affiliates. “Affiliate(s)” as used
in this Agreement means (i) any corporation, company, or entity which owns or controls directly or indirectly fifty percent or
more (≥50%) of shares or stocks outstanding of the party at issue, (ii) any corporation, company, or entity of which fifty percent
or more (≥50%) of shares or stocks outstanding are owned or controlled directly or indirectly by the party at issue, or (iii) any
corporation, company, or entity which is under the control, directly or indirectly, of one or more corporations, companies or
entities falling within the meaning of (i) and (ii).
Please read the Terms carefully before you submit your application for the Program. By submitting your application, you accept
and agree to be bound and abide by all of the Terms. In addition, by submitting your application for the Program, you hereby
represent and warrant that you have the full power and authority to enter into and perform your obligations under this
Agreement. If you do not want to fully agree to the Terms you must not submit an application for the Program.
You are responsible for making all arrangements necessary for your Participation and ensuring that all parties that are a part of
your Participation are aware of the Terms and comply with them.
As a condition of your Participation, you may be asked to provide certain details or information. Any and all details and
information you provide must correct, current, and complete. Any and all information you provide in the course of your
Participation may be used by Company and/or Nicor in furtherance of, and/or in connection to, the Program.
Your Participation may only be for lawful purposes and in accordance with the Terms. You agree not to Participate or otherwise
utilize the Program in any way that violates any applicable federal, state, local, or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the US or other countries).
Without limiting any other provisions of this Agreement, you hereby acknowledge and agree your Participation beyond your
application submission is not guaranteed. You may submit an application for the Program, but your Participation will cease unless/
until Company informs you in writing of any further Participation. If Company informs you in writing of continued Participation
beyond your application submission, the Terms will govern your further Participation.
The Company name, the Company logo, the Nicor name, the Nicor logo, and all related names, logos, product and service names,
designs, and slogans are trademarks of the Company, Nicor or our and their Affiliates or licensors. You must not use such marks
without the prior written permission of the Company (or such other party as directed by Company).
Any and all information you provide as a part of your Participation (collectively, “Participant Contributions”) must comply with
the Terms. All Participant Contributions will be considered non-confidential and non-proprietary. By providing any Participant
Contributions, you grant us, Nicor, and each of our and their Affiliates and service providers, and each of their and our respective
licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant that:
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You own or control all rights in and to the Participant Contributions and have the right to grant the license granted above to us,
Nicor, and our and their Affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
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All Participant Contributions in their entirety comply with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, Participant Contributions must not infringe any patent, trademark, trade secret,
copyright, or other intellectual property or other rights of any other person.
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All Participant Contributions do and will comply with the Terms.
All information about the Program is made available solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim
all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any
of their contents.
YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY AND/OR THE PROGRAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE PROGRAM OR ANY PORTIONS THEREOF. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE
ASSOCIATED WITH THE COMPANY AND/OR THE PROGRAM REPRESENTS OR WARRANTS THAT THE PROGRAM WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, NICOR, THEIR AFFILIATES, OR THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING YOUR SUBMISSION OF
AN APPLICATION TO INCLUDED IN THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless the Company, Nicor, and our and their Affiliates, licensors, and service providers,
and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)
arising out of or relating to your violation of the Terms or Participation, including, but not limited to, Participant Contributions.
All matters relating to the Program and these EEP T&Cs, and any dispute or claim arising therefrom or related thereto, shall be
governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or
conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, the Program or these EEP T&Cs shall be instituted exclusively in the
federal courts of the United States or the courts of the State of Illinois, in each case located in Cook County, Illinois. You waive any
and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by the Company of any term or condition set out in EEP T&Cs shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under
EEP T&Cs shall not constitute a waiver of such right or provision.
If any provision of EEP T&Cs are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable
for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of EEP T&Cs
will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and GTI Energy regarding the Program and supersede all prior
and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Program.