Participants in this program will receive a free Energy-saving Kit delivered directly to their home. The kit contains efficient products, education and other materials to promote energy efficient behaviors and choices. Products were selected to help participants use energy wisely and are intended for use in the participant’s home.
Idaho Power customers with active, Idaho Power residential accounts are eligible to receive a no-cost energy-saving kit. As energy-saving items contained in the kit are intended for permanent installation in the home, participation shall be limited to one kit per household for the life of the program, using the meter’s device location code as the unique identifier. Although the Program will be marketed in select geographic areas to meet specific savings requirements, any eligible participant may order a kit through the program’s website or by calling the toll-free enrollment number, 1-800-465-6045. Kits must be mailed to an address within Idaho Power’s service area.
When ordering a kit, participants will be asked to identify a water heating source. Kit contents will vary based on the participant response. All kits will contain LEDs, an LED nightlight, and other educational information and materials. Kits for participants with electric water heaters will also contain a high-efficiency showerhead, a kitchen faucet swivel aerator and two bathroom faucet aerators.
Disclaimer of Warranties; Limitation of Liability
Because of the variability and uniqueness of individual energy use, it is not possible to predict energy savings (if any) that may accrue to participants as a result of their participation in the program. IDAHO POWER NEITHER EXPRESSLY NOR IMPLICITLY WARRANTS THE PERFORMANCE OF THE EQUIPMENT, WHETHER INSTALLED OR UNINSTALLED, OR ANY PART OF THE PROGRAM. LIABILITY SHALL BE LIMITED TO THE REPLACEMENT OF ITEMS REPORTED AS DEFECTIVE WITHIN ONE WEEK OF RECEIPT. IDAHO POWER, BY SPONSORING THE PROGRAM, DOES NOT WARRANT THAT THE EQUIPMENT WILL ACHIEVE ANY REDUCTION IN ENERGY COSTS TO PARTICIPANTS. PARTICIPANT UNDERSTANDS THAT IDAHO POWER IS NOT LIABLE OR RESPONSIBLE FOR THE PROPER INSTALLATION, USE OR PERFORMANCE OF THE EQUIPMENT. In no event shall Participant bring an action against Idaho Power, nor shall Idaho Power be liable to Participant, for, any direct, indirect, special, incidental or consequential damages of any nature or kind, whether in contract, warranty, tort, negligence, strict liability, or otherwise, arising out of or related to the Equipment, or the Project.
NEITHER IDAHO POWER COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL BE LIABLE TO PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY PARTICIPANT’S PARTICIPATION IN THE PROGRAM, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPANT AGREES THAT PARTICIPANT’S PARTICIPATION IN THE PROGRAM IS AT PARTICIPANT’S SOLE RISK.
Participant agrees to defend, indemnify, reimburse, and hold harmless Idaho Power and its employees, agents, directors, officers, and shareholders for, from, and against any claims, allegations, demands, damages, losses, liabilities, and expenses from third parties (including reasonable attorneys’ fees and costs) arising out of or relating to Participant’s participation in the Energy-saving Kit Program Terms and Conditions, including but not limited to claims relating to any false or misleading information provided on the application Participant completed in connection with the Program, and any personal injury or property damage arising out of or resulting from participation in the Program.
Waivers of any right, privilege, claim, obligation, condition, or default shall be in writing and signed by the waiving party. No waiver of either Idaho Power or Participant of any breach of these Energy-saving Kit Program Terms and Conditions shall be a waiver of any preceding or succeeding breach, and no waiver by either Idaho Power or Participant of any right under this Energy-saving Kit Program Terms and Conditions shall be construed as a waiver of any other right.
Relationship Between the Parties
Neither these Energy-saving Kit Program Terms and Conditions, nor Participant’s participation in the Program shall create any employment or agency relationship between Participant and Idaho Power, and nothing in these Energy-saving Kit Program Terms and Conditions shall be construed or interpreted to place any obligation on Idaho Power to pay Participant any amounts as a result of Participant’s participation in or expressly referenced in the Program.
Participant agrees that Idaho Power may include your name, resulting energy savings, and related information in reports or other documentation submitted to the Idaho Public Utilities Commission, and other governmental agencies and authorities. In all other cases Idaho Power will treat information gathered in surveys as confidential and report it only in the aggregate, including in reports and submissions made to non-governmental entities in connection with Idaho Power’s energy efficiency initiatives. Participant understands and agrees that Idaho Power and/or its representatives may include a description of this Program and other Program details in its case studies, brochures, press releases, advertisements, and marketing materials presented to the public.
The Equipment style and size under the Program are subject to change and may vary depending on product availability and cost. The Program is subject to modification, suspension, or discontinuance at any time without notice.
If You Do Not Agree
IF THESE ENERGY-SAVING KIT PROGRAM TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, DO NOT ORDER A KIT OR PARTICIPATE IN THE PROGRAM. IDAHO POWER MAY MODIFY THESE TERMS, OR TERMINATE THE PROGRAM, AT ANY TIME WITHOUT PRIOR NOTICE, AT IDAHO POWER’S SOLE DISCRETION.
Idaho Power does not endorse any particular manufacturer or product contained in the kit.
Governing Law and Venue
Enforcement and interpretation of these Energy-saving Kit Program Terms and Conditions shall be governed and construed in accordance with the laws of the state of Idaho notwithstanding its choice of law provisions. Venue shall be in Ada County, Idaho.
These Energy-saving Kit Program Terms and Conditions, and all information provided by Participant pursuant to ordering a kit through the Program, constitute the entire understanding between Participant and Idaho Power with respect to the subject matter of these Energy-saving Kit Program Terms and Conditions and the Program. Participant agrees that there are no oral or written understandings, representations or commitments of any kind, express or implied, which are not expressly set forth in these Energy-saving Kit Program Terms and Conditions, or in the information provided by Participant pursuant to the online ordering process for the Program. If any provision of these Energy-saving Kit Program Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.