Terms of Use

1. Acceptance of Terms

These Terms of Use (these "Terms") form a legally binding agreement between you and DotBlue LLC (together with its parents, subsidiaries, affiliates and related companies, including the companies of UniCo Group (collectively, "Affiliates"), and its and their respective owners, members, managers, officers, directors, employees, agents, contractors, licensors, service providers, successors and assigns, "Company," "we," "us" or "our") governing your access to and use of heatpump.blue, its subdomains, application programming interfaces, tools, calculators, data, content, features and any related websites, applications or services that link to these Terms (collectively, the "Services").

BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes that entity.

2. Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to use the Services. The Services are not directed to children under thirteen (13). By using the Services you represent and warrant that you meet these requirements and that your use complies with all applicable laws.

3. Changes to the Services and to These Terms

We may modify, suspend, discontinue, restrict or terminate the Services, or any part of them, or your access to them, at any time, for any reason or no reason, with or without notice, and without liability to you. We may revise these Terms at any time in our sole discretion by posting the revised Terms on the Services. Revisions are effective immediately upon posting. Your continued access to or use of the Services after revised Terms are posted constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.

4. Informational Purposes Only; No Professional Advice

THE SERVICES AND ALL CONTENT, DATA, CALCULATIONS, ESTIMATES, RESULTS AND OTHER INFORMATION MADE AVAILABLE THROUGH THEM (COLLECTIVELY, "CONTENT") ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. NOTHING IN THE SERVICES CONSTITUTES ENGINEERING, DESIGN, CONTRACTING, ELECTRICAL, MECHANICAL, SAFETY, TAX, LEGAL, FINANCIAL, INSURANCE OR OTHER PROFESSIONAL ADVICE, AND NO PROFESSIONAL, FIDUCIARY OR OTHER SPECIAL RELATIONSHIP IS CREATED BETWEEN YOU AND COMPANY BY YOUR USE OF THE SERVICES. You are solely responsible for independently verifying any Content before relying on it and for obtaining advice from an appropriately qualified and licensed professional. Any reliance you place on Content is strictly at your own risk.

PERFORMANCE, LOCKOUT AND BALANCE-POINT TEMPERATURES, OPERATING COSTS, SAVINGS, SIZING AND ALL OTHER RESULTS ARE ESTIMATES BASED ON ASSUMPTIONS, THIRD-PARTY DATA AND INFORMATION YOU PROVIDE, AND ACTUAL RESULTS WILL VARY. RESULTS ARE NOT A GUARANTEE OF PERFORMANCE, COST OR SAVINGS AND ARE NOT A SUBSTITUTE FOR A LOAD CALCULATION, SYSTEM DESIGN OR SITE EVALUATION BY A QUALIFIED PROFESSIONAL. ANY PRODUCTS OR SERVICES YOU REQUEST FROM AN AFFILIATE OR THIRD PARTY THROUGH THE SERVICES ARE PROVIDED SOLELY BY THAT PROVIDER UNDER ITS OWN TERMS, AND COMPANY IS NOT A PARTY TO, AND HAS NO RESPONSIBILITY FOR, ANY SUCH TRANSACTION.

5. Third-Party Data, Services and Links

Content may be derived from or include data, documents, ratings, listings and other materials supplied by manufacturers, certification bodies, government agencies, utilities and other third parties ("Third-Party Materials"). Company does not control, verify, endorse or assume any responsibility for Third-Party Materials, which may be inaccurate, incomplete, outdated or changed without notice. The Services may link to or integrate with third-party websites, products and services, including those of Affiliates. Your use of them is governed solely by their terms and policies, and Company is not responsible or liable for them. Unless expressly stated, Company is not affiliated with, sponsored by or endorsed by any manufacturer, certification body, government agency or utility referenced in the Services. All trademarks, model numbers and names of third parties belong to their respective owners and are used solely for identification.

6. Accounts, Access Credentials and API Keys

Certain features may require an account, sign-in through a third-party or Affiliate identity service, an access code or an API key (each, a "Credential"). You are solely responsible for safeguarding your Credentials and for all activity under them. Credentials are personal, non-transferable and revocable. Company may impose, change and enforce usage limits, and may suspend, revoke or refuse any Credential at any time in its sole discretion.

7. Prohibited Conduct

You shall not, and shall not permit or assist any person, bot or artificial-intelligence system to: (a) scrape, crawl, spider, harvest, bulk download or systematically extract any Content, except through a published API within its published limits or as permitted by our robots.txt for search indexing; (b) copy, reproduce, republish, redistribute, resell, sublicense or commercially exploit any Content or any compilation of Content; (c) reverse engineer, decompile, disassemble, deobfuscate or otherwise attempt to derive the source code, models, algorithms, data structures, calculation methods, APIs or underlying logic of the Services, except to the extent such restriction is expressly prohibited by applicable law; (d) circumvent, disable or interfere with any rate limit, access control, security feature or technical measure; (e) access any portion of the Services you are not authorized to access; (f) overload, disrupt, probe, scan or test the vulnerability of the Services or any related system or network; (g) use the Services or any Content to build, train, fine-tune, benchmark or improve any competing product or service or any machine learning or artificial-intelligence model; (h) frame, mirror or impersonate the Services, Company or any person; (i) submit false, misleading, infringing, unlawful or harmful material; or (j) use the Services in violation of any applicable law or regulation. Company may investigate and take any action it deems appropriate, including referral to law enforcement and pursuit of all available civil and criminal remedies.

8. Intellectual Property

The Services and all Content, software, code, databases, compilations, designs, layouts, look and feel, screens, workflows, text, graphics, images, trademarks, service marks, trade dress and other materials therein, and all intellectual property rights in any of the foregoing, whether now existing or hereafter created, are and shall remain the exclusive property of Company or its licensors. Subject to your continued compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Services for your own internal, non-commercial reference. All rights not expressly granted are reserved. You may not copy, clone, imitate or recreate the Services or any part of them, in identical or substantially similar form, or use screenshots, recordings or analysis of the Services as a specification, blueprint or prompt for any product or service, whether directly or through an artificial-intelligence system.

9. Your Submissions and Feedback

You are solely responsible for any information, data, files, images, text, inputs, requests, comments, suggestions, bug reports or other material you submit, upload or transmit through the Services ("Submissions"). You hereby grant Company and its Affiliates a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, non-exclusive, transferable and sublicensable (through multiple tiers) license to use, host, store, copy, reproduce, process, analyze, modify, adapt, create derivative works from, publish, display, distribute, disclose and otherwise exploit Submissions, and any data derived from them, in any form, media or technology now known or later developed, for any purpose, without compensation, attribution or notice to you. To the extent permitted by law, you waive any moral rights in Submissions. Any feedback or suggestions you provide may be used by Company without restriction or obligation. You represent and warrant that you have all rights necessary to grant the foregoing license and that your Submissions do not violate any law or third-party right. Company has no obligation to store, maintain, return or review Submissions.

10. Privacy

Our collection, use and disclosure of information is described in our Privacy Policy. By using the Services, you consent to those practices.

11. Electronic Communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

12. Termination

Company may terminate or suspend your access to all or part of the Services at any time, for any reason or no reason, without notice or liability. Sections 4, 5 and 7 through 22, and any other provision that by its nature should survive, survive any termination or expiration of these Terms.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, REBATES, INCENTIVES, TAX CREDITS, DATA, USE, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY PROPERTY DAMAGE, EQUIPMENT DAMAGE, PERSONAL INJURY OR DEATH, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR ANY CONTENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE SERVICES ARE PROVIDED FREE OF CHARGE; ACCORDINGLY, FOR ANY FREE SERVICE THAT AMOUNT IS ZERO DOLLARS (US $0.00).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY, WITHOUT WHICH COMPANY WOULD NOT PROVIDE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, COMPANY'S LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

15. Assumption of Risk and Release

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND ANY ACTION YOU TAKE OR DECISION YOU MAKE BASED ON CONTENT IS AT YOUR SOLE RISK, AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE AND FOREVER DISCHARGE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LIABILITIES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE SERVICES OR CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU WAIVE ANY SIMILAR PROVISION OF ANY OTHER JURISDICTION.

16. Indemnification

You shall defend, indemnify and hold harmless Company from and against any and all claims, actions, demands, losses, liabilities, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Services or Content; (b) your Submissions; (c) your breach of these Terms; (d) your violation of any law or the rights of any third party; or (e) any work performed, equipment purchased, installed or modified, claim filed or decision made by you or on your behalf in reliance on the Services. Company may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you shall cooperate with that defense.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Colorado and applicable federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, any action or proceeding shall be brought exclusively in the state or federal courts located in Denver County, Colorado, and you irrevocably consent to the personal jurisdiction of and venue in those courts and waive any objection based on inconvenient forum.

18. Binding Arbitration; Class Action and Jury Trial Waiver

(a) Agreement to arbitrate. You and Company agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services or any Content, including the formation, scope, enforceability, interpretation or arbitrability of this Section ("Dispute"), shall be resolved exclusively by final and binding individual arbitration, except that either party may bring an individual claim in small-claims court if it qualifies, and Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or the security or integrity of the Services.

(b) Rules and location. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator, and shall take place in Denver, Colorado, or by video or written submission at Company's election. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class action waiver. YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

(d) Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE.

(e) Opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days after you first use the Services, stating your full name, mailing address and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

(f) Severability. If the class action waiver in Section 18(c) is found unenforceable as to any claim, that claim shall be severed and stayed pending arbitration of the remaining claims, and shall then proceed only in the courts specified in Section 17. This Section survives termination of these Terms and of your use of the Services.

19. Time Limit for Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.

20. Export and Jurisdiction

The Services are controlled and operated from the United States and are intended for use in the United States. Company makes no representation that the Services or Content are appropriate or available for use elsewhere. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local law.

21. General Provisions

These Terms, together with the Privacy Policy and any additional terms posted for specific features, constitute the entire agreement between you and Company regarding the Services and supersede all prior or contemporaneous understandings. If any provision is held invalid, illegal or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. Company's failure to enforce any right or provision is not a waiver of it. You may not assign or transfer these Terms or any rights hereunder without Company's prior written consent; Company may assign these Terms freely, including in connection with a merger, acquisition, reorganization or sale of assets. Company is not liable for any failure or delay caused by events beyond its reasonable control. Nothing in these Terms creates any agency, partnership, joint venture, employment or fiduciary relationship, and there are no third-party beneficiaries except Affiliates. Headings are for convenience only. The words "including" and "include" mean "including without limitation." These Terms are written in English, which controls over any translation.

22. Contact

Notices to Company under these Terms must be sent to [email protected].