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iViro Home Energy Analysis Tool – Terms, Conditions, and Privacy Policy

Berkeley Lab’s

This iPhone application is powered by Berkeley Lab’s Home Energy Saver TM calculation engine, but is not endorsed or certified by Berkeley Lab. User data collected by Berkeley Lab will be treated according to the HES privacy policy and will only be shared with the entity that originally submitted the data via the APIdata exchange process (i.e. the program or website).

Terms and Conditions

iViro Home Energy Analysis Tool

This page contains the terms and conditions (the “Terms and Conditions”) for iViro Home Energy Analysis Tool (the “Application”) made available to you by Envirolytics Ltd. (“Envirolytics,” “we,” “us,” or “our”), for use on your mobile device (e.g., Apple iPhone® or iPad®, Android® device, or Microsoft Windows® mobile device) (each, a “Device”). The Application is being made available to you so that you may access the services offered by Envirolytics, as may be modified from time to time in Envirolytics’ sole discretion (the “Services”). In order to use the Application on your Device, you must agree to be bound by these Terms and Conditions. If you cannot or do not wish to abide by these Terms and Conditions, please exit and do not proceed with use of this product.

Use of the Application

Subject to these Terms of Use, we hereby grant you a personal, limited, nonexclusive, nontransferable, nonsublicenseable, revocable license to install and use the Application on your Device. You may use the Application only in connection with the Services and as permitted by these Terms of Use. You may not: (a) separate any individual component of the Application for use other than in connection with the Services provided through it; (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; (c) transfer it for use with another service; or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Application or otherwise assign any rights to the Application in whole or in part. We will be responsible for any Application maintenance or support; no third party will be responsible for providing maintenance or support services for the Application.

No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Application, whether in whole or in part, or create any derivative works from or of the Application.

No Commercial Use

You may not use the Application for any commercial purpose or in any manner that could damage, disable, overburden, or impair our services (e.g., you may not use the Application in an automated manner), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of our services.

Updates

In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.

Third Party Integration/Third Party Offers

The Application may offer opportunities for you to transmit messages, information (including information about your location), ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products (“Third Party Social Networking Features”) and to be eligible to receive certain special offers that may only be made available in connection with use of the Application and/or certain Third Party Social Networking Features. Any use of Third Party Social Networking Features is subject to the then current terms of the applicable third party website or product and not these Terms and Conditions, unless otherwise stated in the terms of such Third Party Social Networking Features. Special offers (if any) made available from within the Application or with or via any Third Party Social Networking Feature will be subject to these Terms and Conditions. For more about how the Application uses and retains your information, please read the Application Privacy Policy.

Intellectual Property

As between you and Envirolytics, you agree and acknowledge that Envirolytics owns all rights, title, and interest in and to the Application and all information contained therein, including without limitation all associated Intellectual Property Rights with the above. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, and any and all together proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure or alter our or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

THE APPLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENVIROLYTICS, ANY ENTITY THAT OWNS, CONTROLS AND/OR OPERATES AN APPLICATION PLATFORM FROM WHICH YOU MAY PURCHASE THE APPLICATION, YOUR WIRELESS CARRIER AND EACH OF THE THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, “RELEASED PARTIES”) FURTHER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APPLICATION.

ENVIROLYTICS MAKES NO REPRESENTATION OR GUARANTEE OF ANY KIND AS TO THE ABILITY TO SAVE MONEY, REDUCE ENVIRONMENTAL IMPACT, OR QUALIFY FOR ANY INCENTIVE OFFERED BY ANY OTHER PARTY (E.G., ENVIRONMENTALLY-FRIENDLY TAX CREDITS, ENVIRONMENTAL BUSINESS INVESTMENTS, ETC.). YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY INFORMATION PROVIDED TO YOU BY ENVIROLYTICS OR THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND DISCRETION, AND ENVIROLYTICS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR THE RESULTS OF YOUR USE, NON-USE, OR MISUSE OF THAT INFORMATION.

FURTHERMORE, YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HOME, COMPUTER, MOBILE DEVICE, OR ANY OTHER LOCATION OR OBJECT, INCLUDING WITHOUT LIMITATION LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APPLICATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. If an implied warranty may not be disclaimed or excluded in your jurisdiction, in the event of a failure of the Application to confirm to any applicable warranty, you may notify the application platform provider (e.g. Apple, Google, Microsoft, etc.) (the “Platform”) from which the Application was purchased and seek a refund in accordance with that entity’s policies.

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ENVIROLYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ENVIROLYTICS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE ENVIROLYTICS IS THE AMOUNT PAID FOR THE APPLICATION (or, in the event that you did not pay any amount of money for the Application, five Canadian dollars ($5)). This disclaimer applies even if repair, replacement or a refund for the Application does not fully compensate you for any losses; or Envirolytics knew or should have known about the possibility of the damages.

Legal Compliance

You acknowledge that you are (i) not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Beneficiary

The applicable Platform is a third-party beneficiary of these Terms and Conditions and, upon your acceptance of these Terms and Conditions, the Platform will have the right to enforce these Terms and Conditions.

Information Received

The Application may provide us with data about it and its interaction with the content you access using the Application and your use of it. Any information provided to us may be stored on servers in the U.S. and/or Canada, and is subject to these Terms of Use and our Privacy Policy.

Changes to the Service

We may modify, suspend, discontinue, or terminate your right to use part or all of the Application or the Services at any time without notice to you, and in that event we may modify the Application to make it inoperable. We will not be liable to you should it exercise those rights.

Termination

You may terminate these Terms of Use at any time by uninstalling or destroying all copies of the Application that are in your possession or control. Your rights under these Terms of Use will automatically terminate without notice from us if you fail to comply with any of its terms. In the case of termination, you must cease all use and destroy all copies of the Application, and we may immediately revoke your access to the Services without notice to you. We may also terminate your right to use the Application at any time and if we do so, we may modify the Application to make it inoperable. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.

Amendment

We may amend any of these Terms of Use at our sole discretion by posting the revised terms on the www.envirolytics.ca website or within the Application. Your continued use of the Application after any amendment's effective date evidences your agreement to be bound by it.

Conflicts

The terms of these Terms of Use govern the Application and any updates or upgrades to the Application that we may provide that replace or supplement the original Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.

Privacy Statement

Last Updated: October 7, 2011
Version 1.0

We at Envirolytics (“us,” “our” “we,” or “Company”) consider the protection of your personal information to be a priority. The guidelines contained in this privacy statement apply to information collected, used and/or disclosed by us and describe how we may collect, use and disclose information that we receive as a result of your use of the iViro mobile application (the “Application”).

We reserve the right to modify this Privacy Statement at any time without notice (for example, if we modify our practices regarding the collection or use of information). We will revise our Last Updated date to reflect any revisions to this Statement.

What Information May We Collect?

1. We may receive your name, email address, physical address, and information related to your energy footprint (e.g., consumption, appliances, areas of greatest energy use, etc.), so that we may provide services to you in the future.
2. Some of that information may be aggregated in a non-personally identifiable way for our quality assurance purposes and for making improvements to our services and the Application.
3. We may capture certain information automatically on through the Application, including your Internet protocol address, mobile device identification number, browser type, page access history, linking information, click stream data, page visits, page views, and/or web site log files.
4. We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of your interactions with our websites (including those of our partners and affiliates), and to and enhance certain activities available on any such website. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the websites. We may use persistent or not-persistent cookies. You can remove or reject persistent cookies by following the directions provided in your Internet browser’s “help” file. If you remove a persistent cookie or reject persistent cookies, the functionality of our websites, or any part thereof, may be impaired or unavailable.

How Might We Use Your Information?

We might use the information we collect in the following ways:

1. To contact you with professional relevant information about products and services.
2. To provide you with personalized offers, promotions, news, events, and other information relevant to your practice.
3. To establish and maintain customer accounts.
4. To quickly process your requests for information.
5. To allow us to respond efficiently to your questions.
6. To monitor Web site statistics.
7. To monitor our customer service employees.
8. To allow us to disclose your information to the extent permitted by law, in the situations described more fully below.

How Do We Protect Your Personal Information?

Although we cannot guarantee the impenetrability of our servers, we have established and implemented reasonable physical, electronic, and administrative procedures to safeguard and secure the personal information we collect online.

Do We Disclose the Information We Collect to Outside Parties?

We may share your information, including (in some cases) your personal information and login information, in the following situations:

1. When we hire vendors to perform services on our behalf, such as helping us operate our online store, fulfill a contest or sweepstakes, administer surveys, process online transactions, execute and optimize marketing/advertising campaigns, and manage and enhance consumer data. These companies are only allowed to obtain personal and login information they need to perform the specific task they’ve been hired to do and are prohibited from using the information for any other purpose. They have also agreed to keep your information confidential and secure. In the case of any network advertiser hired by us (see below), we requires the network advertiser to refrain from sharing or using any data collected at our request for the benefit of anyone other than us unless we has your explicit consent for that type of use.


2. When we share your information with our related companies, including our subsidiaries, parent company, and affiliated companies. This allows us to get a better understanding of who our consumers are worldwide, improve our products based on global needs and interests, and market our products using local resources and based on local interests.


3. When we hire independent network advertisers to show you banner ads when you visit other, third party websites. To do this more efficiently, the network advertiser may use and place on your computer certain web technologies, such as cookies and/or web beacons, to collect from you non-personal information (in most cases, certain technical and/or browsing data) while you visit our websites or other websites participating in the same network. This information is then used to display advertisements about goods and services (whether offered by us or other companies) more likely to be of interest to you when you visit those other websites. If you would like to learn more about this practice or how you can opt out from allowing network advertisers to gather this information from you or use it to provide you tailored ads on other sites, please visit the Network Advertising Initiative (NAI)’s website at: http://networkadvertising.org/consumer/opt_out.asp. Please note that even if you use the mechanism above to opt-out from this type of information gathering, if, at any time, you disable or delete all cookies stored on your computer, you will have also disabled the same technology (namely, cookies) used by the NAI to help prevent you from receiving this type of advertising. If you do not want this to happen, please make sure not to disable/delete the NAI cookie, or add NAI to the approved list of sites from which you allow or accept cookies.


4. If we wish to generally assess (with the help of a third party company) how our online offerings and services are performing in the Internet marketplace, their popularity or use amongst certain consumer demographics or profiles, and other similar performance metrics. The information disclosed for these purposes will be in aggregate form and limited to demographic or other anonymous data; no personal or login information will be shared except as provided for above.


5. When we partner with independent, carefully-selected third party companies as part of a jointly-sponsored promotion or to offer you the ability to receive special offers and discounts directly from third party companies. For example, we may team up with a third party company to offer a contest, giveaway, or other promotion that promotes both our products and theirs, and as part of such promotion, we may share the collected consumer data (including personal and login information). Similarly, when you sign-up to receive our marketing communications, we may allow you to simultaneously sign-up to receive email offers directly from third party companies who offer other products or services that might interest you. A limited amount of personal and login information may be shared as part of such third party email program.


6. If we are bought or acquired by another company (either fully or partially), merged with another company, or experience a reorganization, bankruptcy, or other similar event. If any of these events occur, your information may be shared with our successor or assign (i.e., the new company or the company that takes over), subject to the notification procedures set forth in this policy.


7. When disclosures are required by law or are meant to help protect the security and safety of our websites, we may disclose any information we have collected, regardless of time. We will make this type of disclosure only as permitted or required by law, or when we believe in good faith that it is necessary: (i) to protect your safety or security, including the safety and security of your property; (ii) to protect the security of our websites or third parties; and/or (iii) to enforce our Terms of Use, contest, sweepstakes, promotion, or other rules.

Subject to the exclusions identified above, we will not actively share personal and login information with third party advertisers for their direct marketing purposes unless you give us your consent. Advertisers, however, may obtain public information about you from your profile or other public sources. As to the other kinds of information (e.g., demographic information, business information, information collected passively, and information received from third party social networking sites), we may use and share this information with third parties consistent with the terms of this policy.

How Can You Manage Your Email Marketing Preferences?

You can unsubscribe from promotional emails and from our database at large in several ways. First, you may follow the instructions contained within the communications themselves. Second, you may visit our website at www.envirolytics.ca to manage your privacy preferences. Please note that due to marketing production schedules you may receive any messages already in production.

How Do I Ask Questions and Provide Feedback Regarding Privacy?

We welcome your questions, comments and concerns about privacy. Please contact us at info@envirolytics.ca with any questions or comments you may have regarding the privacy of your information.