Primary Account Holder First Name
Primary Account Holder Last Name
Does your home have central A/C?
Does your home have Wi-Fi?
How do you primarily heat your home?
What type of home do you live in?
What is the square footage of your home?
What kind of thermostat are you replacing?
Terms & Conditions
These Standard Terms and Conditions for Participants and the Participation Application (collectively, the “
”) are made and entered into by and between CLEAResult Consulting Inc., a Texas corporation and/or an affiliate thereof (“
”), and Customer for the purpose of receiving coupon for products related to energy efficient measures (“
”), the “
” funded by Entergy Arkansas, Inc. (“
”). CLEAResult and Customer may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” The Parties acknowledge and agree that the state regulatory governing body (the “
”) and Sponsor are third party beneficiaries of this Agreement. In consideration of the mutual covenants and agreements set forth below, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
APPLICATION: This application (“Participation Application”) must be filled out completely, truthfully and accurately. Incentives provided through this platform in the form of an Instant Discount are subject to funding availability and may change. The person submitting this application is the “Participant.” By submitting this application, Participant certifies that he/she is eligible for Sponsor services and incentives.
ELIGIBILITY: Instant Discount codes are available to participants who are: Arkansas residential electric service customers of Sponsor. Participants may receive a maximum of one incentive per product, per home. Resale products, products leased, rebuilt, rented, received from insurance claims, won as a prize, or new parts installed in existing products do not qualify. The product being discounted must be installed in a residential dwelling unit that is fully constructed and occupied. Sponsor reserves the right to verify installation. Final determination of eligibility shall rest solely with Sponsor.
CLEAResult may request verification of eligibility requirements at any time during the Program period.
INSTANT DISCOUNT: An “Instant Discount” is the coupon code offered to eligible Participants that allows Participants to receive a discount at selected point of purchase locations (physical or virtual). Instant Discounts for brick and mortar stores will include a barcode in addition to a uniquely identifying set of alphanumeric numbers that are eligible for a given retailer or manufacturer for a given time period. Sponsor’s incentives for the purchase and installation of a qualifying smart thermostat are paid in the form of an Instant Discount to use at checkout. Participant is not eligible for payment through a cash-back incentive for the purchase of a smart thermostat using an Instant Discount. Incentives in the form of Instant Discount for energy-saving measures are limited to the amounts provided by Sponsor. These amounts are subject to change. Current incentive amounts are identified on the web at
Contact Sponsor with any questions.
PROPERTY RIGHTS, SAFETY AND BUILDING CODES, VERIFICATION: Participant represents that Participant has the right to complete and/or install the energy-saving measures on the property on which those measures are completed and/or installed and that any necessary landlord's consent has been obtained. Participant also represents that, with respect to the products referenced in this application: (i) installation complies with all federal, state and local safety, building and environmental codes, and (ii) products are installed per manufacturer’s instructions. Participant's home may be selected for quality control post-installation.
TAX LIABILITY: Sponsor is not responsible for any tax liability, which may be imposed on the Participant as a result of Instant Discounts. Sponsor is not providing tax advice, and any communication by Sponsor is not intended to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
NO ENDORSEMENT: Sponsor does not endorse any particular manufacturer, contractor, or product. The fact that the names of particular manufacturers, contractors, products, or systems may appear on this application does not constitute an endorsement. Manufacturers, contractors, products or systems not mentioned are not implied to be unsuitable or defective in any way.
ENERGY INFORMATION AND COMMUNICATIONS RELEASE: Participant authorizes Sponsor to access energy usage data relating to the property on which energy-saving measures have been completed and/or installed by accessing the electric account at the physical address of the project. Participant agrees to provide other reasonable assistance to Sponsor to obtain such information. Participant agrees to allow Sponsor to contact Participant regarding Instant Discount offerings. This release supersedes any previous request by the Participant to not be contacted. Sponsor will adhere to “do not contact” requests for communications unrelated to Instant Discount incentives. Additionally, by participating in this Instant Discount offer, Participant is opting in to receive communications from Sponsor regarding energy-efficiency offerings available to the Participant through the use of their smart thermostat, including but not limited to utility communications for demand response efforts.
NO WARRANTY: CLEARESULT, SPONSOR AND THE PSC MAKE NO REPRESENTATIONS OR WARRANTIES, AND ASSUME NO LIABILITY WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY EEM INSTALLED PURSUANT TO THIS AGREEMENT AND EXPRESSLY DISCLAIM ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to any third party. Neither the PSC, Sponsor, nor CLEAResult shall be responsible for costs or corrections of conditions already existing in the facilities inspected which fail to comply with applicable laws and regulations.
indemnification; LIMIT ON LIABILITY:
CUSTOMER AGREES TO INDEMNIFY THE PSC, SPONSOR AND CLEARESULT AGAINST ALL LOSS, DAMAGES, COSTS AND LIABILITY ARISING FROM ANY CLAIMS RELATED TO ANY PRODUCTS INSTALLED OR SERVICES PERFORMED DURING THE INSTALLATION OR MAINTENANCE OF EEM. NEITHER THE PSC, SPONSOR, CLEARESULT, NOR CUSTOMER SHALL BE LIABLE TO EACH OTHER FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT.
MISCELLANEOUS: This Agreement shall be governed by and construed under the laws of the State of Arkansas, without regard to conflict of law rules. The parties agree that all actions, disputes, claims and controversies arising out of or relating to this Agreement will be subject to binding arbitration administered in the county where the Customer is located by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award may be entered in any court having jurisdiction. Customer shall not assign, delegate or subcontract this Agreement or its duties thereunder, in whole or in part, voluntarily or involuntarily (including a transfer to a receiver or bankruptcy estate) without the prior written permission of CLEAResult. CLEAResult may assign its rights and delegate its duties under this Agreement to any third party at any time without Customer’s consent. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. The failure of either Party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the Party under this Agreement, shall not be construed as a waiver of such Party’s right to enforce strict performance in the same or any other instance. Sections 1 and 5 through 10 shall survive the term of this Agreement.
I have read, understood and agree to the Terms & Conditions.
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