Terms of Service & Disclaimer

PLEASE READ THESE TERMS CAREFULLY

BY ACCESSING OR USING THE INSIGHTS DASHBOARD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to all of these terms, you must immediately cease using this service. Your continued use of this service constitutes your acceptance of these terms and any future modifications.

These terms include a binding arbitration agreement and class action waiver in Section 17, which affects your legal rights. Please read that section carefully.

1. Description of Service

The Insights Dashboard (“Service”) is a free, public, analytical website operated by rebate.blue (“we,” “us,” or “Company”), that displays statistical analysis of HVAC efficiency data, including efficiency ratings (SEER2, EER2, HSPF2, COP@5°F), CEE tier compliance statistics, and manufacturer comparisons. The Service is provided solely for general educational and informational purposes and is not intended to provide professional advice of any kind.

The Service does not require registration, account creation, or authentication. The information displayed is aggregated from third-party sources and is provided without any guarantee of accuracy, completeness, timeliness, or suitability for any purpose.

2. CRITICAL DATA DISCLAIMER

THIS SERVICE DOES NOT PROVIDE PROFESSIONAL ADVICE.

The efficiency data, tier compliance statistics, and analytical information displayed on this Service are for general educational and informational purposes only and MUST NOT BE RELIED UPON for purchasing decisions, rebate eligibility determinations, or any other critical decisions. The information may be inaccurate, incomplete, outdated, or inapplicable to your specific circumstances.

BEFORE MAKING ANY DECISIONS BASED ON THIS DATA, YOU MUST:

• Consult with qualified HVAC professionals, contractors, or energy efficiency experts
• Independently verify all efficiency ratings directly with manufacturers and AHRI (Air-Conditioning, Heating, and Refrigeration Institute)
• Review current CEE (Consortium for Energy Efficiency) specifications and requirements
• Confirm that specific equipment models meet all applicable standards and requirements
• Verify rebate eligibility directly with utility companies and rebate program administrators
• Review official manufacturer documentation and specifications

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY for any consequences, losses, or adverse outcomes resulting from your use of or reliance on information from this Service. You acknowledge that efficiency data, tier classifications, and manufacturer information can change at any time without notice and that actual equipment performance may vary from published specifications.

3. No Warranties - Complete Disclaimer

THE SERVICE AND ALL CONTENT, INFORMATION, AND DATA ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
• WARRANTIES OF TITLE OR NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE INFORMATION IS CURRENT, UP-TO-DATE, OR ACCURATE

We do not warrant, guarantee, or make any representation regarding: (a) the accuracy, reliability, completeness, or timeliness of any efficiency data, tier classifications, or manufacturer information; (b) the results that may be obtained from use of the Service; (c) the suitability of any information for your specific situation; or (d) the satisfaction of any standards, requirements, or regulations.

Data is compiled from third-party sources including AHRI databases, manufacturer specifications, and CEE publications. These sources may contain errors, may not reflect current specifications, and may change without notice. We have no control over third-party data accuracy.

4. No Professional Relationship

YOUR USE OF THIS SERVICE DOES NOT CREATE ANY PROFESSIONAL RELATIONSHIP between you and Company, including but not limited to any:

• Contractor-client relationship
• Consultant-client relationship
• Energy advisor-client relationship
• Fiduciary relationship of any kind
• Agency relationship
• Employment relationship

We owe no duty of care, fiduciary duty, or any other professional duty to you or any third party. Nothing on this Service constitutes professional advice or creates any professional obligation. You should not act or refrain from acting based solely on information from this Service.

5. Complete Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

You voluntarily assume full responsibility for any and all risks associated with using this Service, including but not limited to risks related to:

• Inaccurate, incomplete, or outdated efficiency data or tier classifications
• Changes to CEE specifications, standards, or requirements
• Equipment performance that differs from published specifications
• Loss of rebates or incentives due to incorrect information
• Reliance on information that proves to be incorrect
• Any decisions made based on information from this Service

You acknowledge that this Service is provided free of charge as a public convenience, and that you have no reasonable expectation that the information will be accurate or suitable for any purpose. YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS that may arise from your use of or reliance on this Service.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REBATE.BLUE OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY:

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOST PROFITS, LOST SAVINGS, LOST REBATES, OR LOST BUSINESS OPPORTUNITIES
• COSTS OF PROFESSIONAL ADVICE OR REPRESENTATION
• DAMAGE TO REPUTATION OR GOODWILL
• PERSONAL INJURY OR PROPERTY DAMAGE
• LOSS OF DATA OR BUSINESS INTERRUPTION
• ANY OTHER DAMAGES OF ANY KIND

ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (a) YOUR ACCESS TO OR USE OF THE SERVICE; (b) YOUR INABILITY TO ACCESS OR USE THE SERVICE; (c) ANY INFORMATION, CONTENT, OR DATA OBTAINED FROM OR THROUGH THE SERVICE; (d) ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT; (e) ANY CONSEQUENCES OR OUTCOMES; (f) ANY THIRD-PARTY CONDUCT OR CONTENT; OR (g) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.

THIS LIMITATION APPLIES REGARDLESS OF:

• Whether the damages are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory
• Whether we have been advised of the possibility of such damages
• Whether the damages were foreseeable
• Whether any limited remedy fails of its essential purpose

7. Maximum Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY OF ALL RELEASED PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICE OR THESE TERMS SHALL NOT EXCEED ZERO DOLLARS ($0.00 USD).

You acknowledge that: (a) this Service is provided entirely free of charge; (b) you have paid no consideration for access to this Service; (c) this limitation of liability is a fundamental and material part of these Terms and reflects the allocation of risk between you and us; and (d) we would not provide this Service without this limitation.

IF YOU ARE DISSATISFIED WITH THIS SERVICE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

8. User Responsibilities and Representations

By using this Service, you represent, warrant, and agree that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• You will independently verify all efficiency data and information before any use
• You will consult qualified professionals before making any purchasing or rebate decisions
• You will not rely solely on this Service for any critical decisions
• You understand that information may be inaccurate, incomplete, or outdated
• You accept full responsibility for any consequences of using this Service
• You will comply with all applicable laws, regulations, and these Terms
• You will not use the Service for any unlawful purpose
• You will not attempt to interfere with or disrupt the Service

9. Comprehensive Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ALL RELEASED PARTIES from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of investigation and litigation) arising out of or relating to:

• Your access to or use of the Service
• Any information you obtain from the Service
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any decisions or actions based on information from the Service
• Any failure to independently verify information or consult professionals
• Any third-party claims related to your use of the Service
• Any content you submit or transmit through the Service
• Your negligence, willful misconduct, or fraud

This indemnification obligation shall survive termination of these Terms and your use of the Service. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

10. Third-Party Data and Sources

The Service displays efficiency data and statistics compiled from third-party sources including:

• AHRI (Air-Conditioning, Heating, and Refrigeration Institute) databases
• Manufacturer websites and documentation
• CEE (Consortium for Energy Efficiency) publications and specifications
• Publicly available industry data
• Other third-party information sources

We have no control over third-party content and do not guarantee its accuracy, completeness, or timeliness. Third-party information may be incorrect, outdated, or change without notice. We are not responsible for any errors or omissions in third-party data.

We are not affiliated with, endorsed by, or officially connected with AHRI, CEE, any government agency, or any manufacturer listed on this Service. Any manufacturer names, logos, or trademarks displayed are the property of their respective owners and are used for identification purposes only.

11. Intellectual Property

All content, design, text, graphics, interfaces, and code comprising this Service (excluding third-party efficiency data) are owned by or licensed to Company and are protected by copyright, trademark, and other intellectual property laws.

You may access and use the Service for personal, non-commercial reference purposes only. You may not:

• Copy, reproduce, distribute, or create derivative works from Service content
• Use automated systems (bots, scrapers, crawlers) to access or collect data from the Service
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service or its content for any commercial purpose
• Frame, mirror, or otherwise incorporate the Service into another website or application

12. Prohibited Uses

You agree not to:

• Use the Service in violation of any applicable law or regulation
• Use automated tools to scrape, harvest, or collect data from the Service
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Transmit any viruses, malware, or harmful code
• Impersonate any person or entity
• Use the Service to send spam or unsolicited communications
• Engage in any activity that could damage, disable, or impair the Service
• Resell, redistribute, or commercially exploit the Service or its content

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

14. Modifications to Service and Terms

We reserve the right to:

• Modify, suspend, or discontinue the Service (or any part) at any time without notice
• Change, update, or remove any content without notice
• Modify these Terms at any time by posting updated terms on the Service
• Change the availability, features, or functionality of the Service

Your continued use of the Service after any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically. We are not liable for any modification, suspension, or discontinuation of the Service.

15. Termination

We may terminate or restrict your access to the Service at any time, for any reason or no reason, without notice or liability. All provisions of these Terms that by their nature should survive termination shall survive, including warranty disclaimers, limitation of liability, indemnification, and arbitration provisions.

16. Governing Law and Jurisdiction

These Terms and any dispute arising from or relating to the Service shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Subject to the arbitration agreement below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Denver County, Colorado. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

17. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Agreement to Arbitrate: You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the arbitrability of any dispute) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules: Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Denver, Colorado, unless you and Company agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Waiver of Jury Trial: YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL for any dispute subject to arbitration under this section.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@rebate.blue within 30 days of first using the Service. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

18. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company regarding use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Company regarding the Service.

20. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Company to be effective.

21. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

22. Contact Information

For questions about these Terms, please contact us at legal@rebate.blue.