These Terms of Service (“Terms”) govern access to and use of the website located at energysensebuildingsolutions.com (the “Site”), owned and operated by Energy Sense Building Solutions, LLC (“Energy Sense,” “we,” “us,” or “our”). By accessing or using the Site, downloading any resource from the Site, or submitting information through any form on the Site, you (“User,” “you”) agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.

1. Acceptance of Terms

By using the Site in any manner, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy , which is incorporated into these Terms by reference. If you are using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

2. Nature of the Site and Services Described

The Site provides general information about Energy Sense’s commercial energy efficiency consulting and construction management services, including but not limited to energy audits, building automation system (BAS) and controls evaluation, energy conservation measure (ECM) development, utility rate advisory, building performance standards (BPS/BEPS) compliance support, Energy-as-a-Service (EaaS) project structuring, and construction management. Content on the Site is provided for general informational and marketing purposes only.

The Site does not itself constitute an offer to perform professional services, an engagement, or a binding proposal. Any actual engagement for consulting, audit, engineering, or construction management services is governed exclusively by a separately executed written agreement (such as a Master Services Agreement, Statement of Work, or comparable signed contract) between the requesting party and Energy Sense. Nothing on the Site should be relied upon as a substitute for such a signed agreement or for a site-specific professional evaluation.

3. Eligibility and Account-Free Use

The Site does not currently require account registration for general browsing. Certain features, such as gated resource downloads or contact forms, may require you to submit your name, business email address, company name, phone number, or similar information. You represent that any information you submit through the Site is accurate and that you are at least 18 years of age or the age of majority in your jurisdiction.

4. Permitted Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Site in any way that violates any applicable federal, state, or local law or regulation;
Attempt to gain unauthorized access to any portion of the Site, related systems, or networks;
Introduce viruses, malware, or other harmful code, or engage in any activity that interferes with the Site’s operation;
Scrape, harvest, or use automated means to extract data from the Site without our prior written consent;
Submit false, misleading, or fraudulent information through any form on the Site;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Use the Site to transmit unsolicited advertising, spam, or other unauthorized solicitations.

We reserve the right to restrict, suspend, or terminate your access to the Site, in whole or in part, at our sole discretion, for any conduct that we believe violates these Terms or is otherwise harmful to Energy Sense, other users, or third parties.

5. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, icons, images, audit methodologies, checklists, white papers, guidebooks, brand marks (including the Energy Sense name and logo), and the compilation and arrangement of such content, is the property of Energy Sense or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, Energy Sense grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site and to download any resource expressly made available for download (such as checklists or guides) solely for your own internal, non-commercial reference in evaluating Energy Sense’s services. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, or exploit any Site content for commercial purposes without Energy Sense’s prior written consent.

6. Gated Resources and Form Submissions

Certain resources on the Site (such as guidebooks, checklists, or white papers) may be made available only after you submit a form providing basic contact information. By submitting such a form, you consent to Energy Sense collecting and using that information as described in our Privacy Policy, including for the purpose of following up regarding our services. Form submissions on the Site may be processed through a third-party form-handling service. Energy Sense takes reasonable measures designed to protect submitted information but does not guarantee the security of any transmission over the internet.

7. No Professional Advice; Disclaimer of Warranties

Information provided on the Site, including any energy savings estimates, audit checklists, methodology descriptions, or educational content, is provided for general informational purposes only and does not constitute engineering, financial, tax, legal, or other professional advice specific to your building, portfolio, or circumstances. Actual energy savings, equipment performance, and regulatory compliance outcomes depend on facility-specific conditions and are not guaranteed by any content appearing on the Site.

The Site and all content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of content. Energy Sense does not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

8. Third-Party Links and Services

The Site may contain links to third-party websites or services, and may rely on third-party service providers to operate certain features (for example, form processing or analytics). Energy Sense does not control and is not responsible for the content, privacy practices, or terms of any third-party site or service. Your use of any third-party site or service is at your own risk and subject to that third party’s own terms and policies.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Energy Sense, its members, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your access to or use of, or inability to access or use, the Site, even if Energy Sense has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, Energy Sense’s total aggregate liability arising out of or related to your use of the Site shall not exceed one hundred U.S. dollars ($100.00). This limitation applies regardless of the legal theory on which a claim is based. This section does not apply to, and does not limit, any liability arising under a separately executed written services agreement between Energy Sense and a client, which agreement shall govern liability for actual professional services performed.

10. Indemnification

You agree to indemnify, defend, and hold harmless Energy Sense and its members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to the Site shall be governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Hamilton County, Ohio, and you consent to the personal jurisdiction of such courts.

12. Changes to These Terms

Energy Sense may revise these Terms from time to time. The updated version will be indicated by an updated “Effective Date” at the top of this page. Your continued use of the Site after any revisions become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Severability; No Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Energy Sense’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our a Privacy Policy and any separately executed written services agreement governing a specific engagement, constitute the entire agreement between you and Energy Sense regarding your use of the Site and supersede any prior agreements or understandings, whether written or oral, regarding the subject matter herein.

15. Contact Information

Questions about these Terms may be directed to Energy Sense Building Solutions, LLC through the contact information provided on energysensebuildingsolutions.com.