Website Terms and Conditions
Welcome to the EnergyEarth, LLC websites, which includes but are not limited to EnergyEarth.com or any site hosted by EnergyEarth or which may include the EnergyEarth logo (the “Sites”). Accessing, browsing or otherwise using the site indicates your agreement to all the Terms and Conditions set forth in this agreement (the “Agreement”). Therefore, please carefully read the following Agreement.
By visiting or using this website (“Site”), you acknowledge that you accept and are subject to the following Terms and Conditions (“Terms and Conditions”) as well as all applicable laws, statutes, and/or regulations. We reserve the right to revise and update these Terms and Conditions at any time without any notice. You are bound by such revisions and should therefore periodically visit this page to review the current Terms and Conditions. If you disagree with our Terms and Conditions, your sole and exclusive remedy is to discontinue using this Site.
Use of Site
EnergyEarth, LLC and its affiliates (collectively referred to as “EnergyEarth,” “we,” “us,” and “our”) own, operate, and maintain this Site. This Site has been designed to provide general information about EnergyEarth and to provide a means for you to order incentives and rewards products or to obtain product information/education. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You may not modify the materials at this Site in any way, nor may you reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose without our prior written permission.
Subject to the Terms and Conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and reading educational materials. Any commercial use or use on behalf of any third party is strictly prohibited, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted in writing by us in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes on the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Content provided on this site is solely for informational purposes.
Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinion. Product representations expressed on this Site are that of the vendor and are not made by us.
You will create an account identification and password, which will enable you to access and use certain portions of this Site. Each time you access the Site, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms and Conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using your access, whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transactions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and account identification assigned to you. You shall immediately notify us of any unauthorized use of your password or account identification or any other breach or threatened breach of this Site's security.
If you purchase products through this Site, you agree that the Terms and Conditions of such purchase are as set forth in this Site. Products purchased through this Site are exclusively subject to these Terms and Conditions, and we expressly reject any different or additional terms or conditions.
(a) Acceptance of Orders. We may accept or reject orders, in whole or in part, placed through this Site at our discretion. If we accept an order placed through this Site, we will ship the products ordered which are in our inventory and with respect to which we have accepted the order and will notify you by email of those products not in inventory or for which we do not accept the order.
(b) Your Compliance with Laws. By placing an order for products, you represent and warrant to us that you are a commercial business or nonprofit organization authorized to purchase such products, and you will store, use and dispose of such products in compliance with all applicable laws and regulations.
(d) Inspection of products shipped; Acceptance. You agree to examine the products ordered through this Site immediately upon receipt at the place of destination, including containers for the products. The products shall be deemed to have been accepted without any observable defects unless you notify us of any such defect or deviation within five (5) days after receipt of the products, or in the case of hidden defects, within ten (10) days after such defect was discovered or should have been discovered. Such notification must be made by contacting our Customer Care Center and must specify the defect with reasonable detail. You will allow us an opportunity to inspect the products if we wish to do so.
(e) Returns and Refunds.
(i) WE CANNOT ACCEPT ANY RETURNS WITHOUT PRIOR AUTHORIZATION. If you want to return a product, please contact our Customer Care Center to obtain a Return Material Authorization (RMA) number. Products must be returned within twenty-one (21) calendar days from the issuance date of the RMA Number. If you return products using a pre-paid label sent by EnergyEarth, the cost of shipping will be deducted from your refund. Return shipping charges must be paid by you unless instructed otherwise, i.e. defective merchandise or a result of an EnergyEarth error. Shipping costs charged on the original sales order will only be refunded if the entire order is a result of EnergyEarth's error.
(ii) We recommend that you send the returns in a padded envelope or original shipping box, use a traceable shipment method, and insure the package for safe return to us so that you are completely protected if the shipment is lost or damaged. If you choose not to use a traceable shipping method or not to insure or not to declare the full value of the product, you will be responsible for any loss or damage to the product in transit.
(f) Purchase Price. The purchase price for the products is as set forth on our Site at the time you place the order and must be paid in the currency indicated on our Site. The purchase prices quoted are exclusive of any and all (i) taxes, including without limitation value added tax, sales tax, use tax, or other similar tax, and (ii) packaging, handling, freight and insurance for those products ordered. You are solely responsible for paying all such taxes and charges, and we may add such charges to the purchase price. Any price increase or any change in these Terms and Conditions posted on our Site after you have placed an order shall not apply to such order.
(g) Order Funding. All orders must be funded entirely, to include any associated fees, prior to processing and shipment of the order. EnergyEarth reserves the right to cancel, recall, defund, or deactivate the entire order in the case of a returned check for insufficient funds or reversal of credit card charges, including after the order has processed and shipped.
(h) Collection Costs. Any payment due with respect to any order which is not paid in a timely manner, shall bear interest at the rate of 8% per annum from the date such payment was due until it is paid. You shall reimburse us for all costs and expenses we may incur, including without limitation all filing fees, court costs and attorney fees, resulting from our collection efforts for any amount due hereunder and not paid in a timely manner.
(i) Force Majeure. We shall not be liable for any damage as a result of any delay or failure to deliver products due to any cause beyond our reasonable control, including, without limitation, any act of God, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terror, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay.
(j) Indemnification. You agree to defend, indemnify and hold Energy Earth, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites, products, and/or your breach of any representation, warranty, or other provision of the Agreement.
(k) Governing Law for Product Purchases. The agreement between us relating to your purchase of Products through this Site is governed by the laws of the State of Tennessee, without regard to its choice of law principles. Neither the United Nations Treaty on the International Sale of Goods (CISG) nor any other existing or future bilateral or international treaties shall be applicable to such agreement. Place of jurisdiction for all disputes arising out of or in connection with any such agreement shall be in a state of federal court situated in Hamilton County, Tennessee. You hereby irrevocably consent to the personal jurisdiction of such courts. You waive any objection based on forum non conveniens or any objection to venue of any such action.
This Site, including all materials, compilations, and content, such as designs, text, illustrations, photographs, logos, videos, and images, is the intellectual property of EnergyEarth, or its content suppliers, and constitutes proprietary materials, copyrighted materials, trademarks, patents, and/or trade dress. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of any of the materials. We do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. The trademarks, logos, and service marks displayed on the Site (“Marks”) are the property of EnergyEarth. You are prohibited from using any Marks. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, patents, or other materials, is expressly prohibited and may be in violation of copyright law, trademark law, patent law, communications regulations and statutes, and other laws, statutes and/or regulations. All worldwide rights, titles, and interests are reserved.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
Links to Other Websites
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We do not control and are not responsible for any of these Sites or their content. The link to any other site does not imply our endorsement of that site, its content, or its site-owner, or that we are a sponsor of, or affiliated or associated with such a site. If you leave this Site to access any of the third party sites linked to this Site, you do so entirely at your own risk and should consult that site’s terms and conditions.
About the Information
We have prepared this Site for the purpose of providing information about EnergyEarth, our business, and the industry that we serve and to provide you a means to order products. The Site has been compiled in good faith by EnergyEarth. However, no representation is made as to the completeness or accuracy of the information it contains. You should be aware that this information may be incomplete, may contain errors, may differ materially from written material delivered with products purchased, or may have become out of date. Any published information listed on this Site speaks only as of the date it was published and can become out of date. We make no commitment, and we disclaim any duty to update any information about EnergyEarth or the products available for sale on this Site. We do not warrant as to the accuracy or completeness of the materials or the reliability of any advice, opinions, statements, or other information displayed on or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report, or information shall be at your sole risk. Some, or all, of the content on this Site may be unavailable from time to time. We make no representations or warranties that this Site, any site that links to this Site, or any site for which we provide links, is free from viruses or other items of a destructive nature.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card in the amount of the charge.
THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS DISPLAYED. ENERGYEARTH DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. ENERGYEARTH DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. ENERGYEARTH FURTHER DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY SITES. Any representation or warranty about any product you may order through this Site shall solely be the printed representations and warranties, if any, delivered with the product.
Limitation of Liability
IN NO EVENT SHALL ENERGYEARTH, ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION CONTAINED AT THE SITE OR ANY LINKED SITES. IN PARTICULAR, INCLUDING USE OF PRODUCTS PURCHASED FROM THE SITE, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE, OR TORT.
EnergyEarth advises all customers to seek the help of a licensed professional when installing or otherwise working with any item or substance which could be dangerous or pose any hazard risk to person or property, including but not limited to any and all electrical or mechanical devices, or chemicals or related products.
These Terms and Conditions are governed by, and construed in accordance with, the laws of the state of Tennessee without giving effect to any principles of conflicts of law. You agree that any action in law or equity arising out of or relating to these terms or the use of this Site shall be filed only in the state or federal courts located in Hamilton County, Tennessee, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. You hereby irrevocably consent to the personal jurisdiction of such courts. You waive any objection based on forum non conveniens or any objection to venue of any such action.
Termination and Effect of Termination
We may terminate, change, suspend, or discontinue any aspect of our Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. We may discontinue the sale of any products at any time and from time to time. These Terms and Conditions establish an agreement between you and us regarding your visit to and use of this Site and purchase of products through this Site, and supersede any and all prior agreements and understandings about the use of this Site.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon termination of any part this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Energy Earth, LLC recognizes that both Federal and State tax laws related to ecommerce business may sometimes change and may differ from state to state. Energy Earth, LLC will abide by all Federal and State laws regarding ecommerce and the collection of taxes on the sale of products and services as applicable.
We are not required to collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to a tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay a tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
EnergyEarth does not typically fulfill orders to, nor ship to, destinations outside of the United States. This Site may be accessed from countries other than the United States and may contain products or references to products that are not available outside of the United States. If you need assistance with placing an order which must be shipped internationally, please contact our Customer Care Center for special assistance.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
Send any questions or comments in writing to:
PO Box 4303
EnergyEarth Reward Terms and Conditions
Below are the Double Up (“Reward”) terms and conditions (“Terms”). Please read them carefully and retain them for your records. By redeeming the Reward, you (“You” or “User”) agree to abide by the Terms.
Please note your Reward expires and may be subject to certain fees. See Reward Fees/Expiration below for further details.
Promotional Reward Program. Rewards are issued by EnergyEarth and distributed exclusively to businesses in connection with a loyalty, award or promotional program (such as customer acquisition and retention, rewarding employees, and/or customer loyalty). Rewards are not sold to individual consumers. The value of each Reward is shown on the face of the Reward. You acknowledge that the Reward was given to You as a reward and that no consideration, value or money has been paid by You in exchange for the Reward.
Redemption Method. Rewards are not legal tender, have no cash value, and are not redeemable for cash unless required by applicable law. Rewards do not create nor infer, express or implied, a contractual relationship, an agreement, or an offer for a contract or agreement. Rewards can only be exchanged for those redemption options (“Redemption Options”) listed on the website address stated on the face of the Reward. Users may apply Rewards toward a Redemption Option, or combination of multiple Redemption Options, of greater value than the face value of a Reward by either combining multiple Rewards or by using a separate form of payment (e.g., debit card, credit card) to complete the redemption checkout process. Rewards are not refundable or reusable once redeemed. Rewards are one-time use only. Any remaining balance at time of checkout will be forfeited (subject to applicable law). Rewards are issued solely for loyalty, award or promotional purposes.
Redemption Process. Rewards are only redeemable through EnergyEarth marketing services for EnergyEarth Redemption Options. Reward redemptions will be processed within five (5) business days. Most redemption selections will be delivered within 10-14 business days. If you have not received your selection after 14 business days, please contact our Customer Care Center at energyearth.com. Live agent customer service is available Monday through Friday between 9:00 a.m. and 5:00 p.m. (Eastern Time).
Redemption Options. Redemption Options may include energy saving products, stored value cards, or other options which may be arranged through third party merchants from time to time. If a Reward is redeemed for a stored value card, there may be an additional charge assessed. Redemption Options may be subject to additional specified terms and conditions as required by third party merchants. You should become familiar with all terms and conditions that apply to each Redemption Option. If you have questions concerning any additional terms of a Redemption Option, please contact customer service prior to redemption. Redemption Options are subject to change and are only available while supplies last. If a Redemption Option is discontinued, reasonable efforts will be made to offer a substitute of equivalent or better quality. EnergyEarth is not liable in any way for any services or goods You receive from a third party merchant, including without limitation, any defective goods or services, the failure of the merchant to honor the Redemption Option or the bankruptcy or other liquidation of the merchant.
Reward Fees/Expiration. EnergyEarth is not responsible or liable for, and is under no obligation to re-issue a Reward that is lost, damaged or stolen, unless required by applicable law. Re-issuance will be subject to terms and conditions established by EnergyEarth and will occur only upon deduction of a $2.50 replacement fee from the current value of the Reward. Certain Redemption Options (e.g. prepaid cards) may be assessed an additional processing fee which will be clearly stated on the website prior to checkout. Each Reward expires on the expiration date stated on the front of the Reward, and any remaining value associated with the Reward is forfeited on the expiration date.
Disclaimers and Exclusions. EnergyEarth does not represent or warrant the accuracy, reliability, quality or content of any information, service or merchandise provided by the EnergyEarth service, or that the website, the EnergyEarth service or its use will be uninterrupted or free of inaccuracies or errors. EnergyEarth makes no warranties other than those made expressly in these Terms, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. EnergyEarth will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages arising out of, relating to or connected with the use of the EnergyEarth service and/or the website, based on any cause of action, even if advised of the possibility of such damages.
Miscellaneous. You agree to defend, indemnify and hold harmless EnergyEarth, its affiliates, successors and assigns, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the website and/or the EnergyEarth service. EnergyEarth may assign the Terms to a third party at any time without notice to You. The Terms are not assignable or transferable by You without the prior written consent of EnergyEarth. The Terms supersede all prior terms and conditions. No failure or delay by a party in exercising any right, power or privilege under the Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other, or further exercise thereof or the exercise of any other such right, power, or privilege.
Governing Law. The Terms will be governed by the laws of the State of Tennessee, without regard to conflict of law principles. Whenever possible, each provision shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity, legality and enforceability of the other provisions herein will not be affected or impaired thereby. The Terms, or any portion thereof, shall be subject to applicable law and void where prohibited by law.