Terms of Service
Last Updated: October 3, 2026
IMPORTANT NOTICE REGARDING ARBITRATION
PLEASE READ THESE TERMS CAREFULLY.
THE SECTION TITLED "DISPUTE RESOLUTION AND BINDING ARBITRATION" REQUIRES MOST DISPUTES BETWEEN YOU AND ASHBORN PARTNERS TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT.
THIS MEANS THAT, EXCEPT AS EXPLAINED IN THAT SECTION, YOU AND ASHBORN PARTNERS WAIVE THE RIGHT TO HAVE COVERED DISPUTES DECIDED BY A JUDGE OR JURY AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Welcome to Ashborn Partners.
These Terms of Service, referred to as the "Terms," constitute a binding legal agreement between you and Ashborn Partners LLC, referred to as "Ashborn," "we," "our," or "us."
These Terms govern your access to and use of Ashborn Partners websites, landing pages, forms, communications, referral services, appointment scheduling services, home energy review services, Advisor appointments, the Ashborn Partners Utility Bill Analyzer, the Ashborn Partners Home Water Analyzer, free home water test scheduling, home water quality education, water service referrals, reports generated through these tools, and all other related services, collectively referred to as the "Service."
Our Privacy Policy and any additional disclosures, consents, or policies presented in connection with specific features of the Service are incorporated into these Terms where applicable.
By accessing or using the Service, submitting information through the Service, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.
If you do not agree with these Terms, you should not use the Service.
1. The Service
Ashborn Partners LLC operates a home energy, home improvement, and home water marketplace, marketing, lead generation, information, education, qualification, appointment setting, and referral service.
Ashborn helps homeowners explore information, products, and services that may include:
- Solar energy systems
- Battery energy storage
- Heating and cooling systems
- HVAC replacement or upgrades
- Heat pumps
- Home energy efficiency improvements
- Electrical or energy related improvements
- Roofing repair and replacement
- Home water quality education
- Public water system information
- Home water testing
- Water filtration and treatment products
- Water conditioning and softening products
- Other water related residential services
- Other residential products or services that Ashborn may offer or facilitate from time to time
Our Service may allow you to provide information regarding your home, utility expenses, energy usage, goals, property characteristics, and desired services.
Ashborn may use this information to identify potentially relevant options, schedule an Advisor appointment, schedule a free home water test, and connect you with one or more participating third party service providers.
The Service also includes two online tools created by Ashborn Partners LLC: the Ashborn Partners Utility Bill Analyzer, which produces educational estimates from utility bill information you enter, and the Ashborn Partners Home Water Analyzer, which summarizes publicly available information about public water systems. The Home Water Analyzer currently focuses on Utah and may expand to other areas. Specific terms for these tools appear in the sections titled "Utility Bill Analyzer," "Home Water Analyzer," "Water Related Health and Safety," and "Free Home Water Tests."
Availability of products, providers, programs, or services varies by geographic area and other eligibility requirements.
Submission of information through Ashborn does not guarantee that a particular service or provider will be available to you.
2. Ashborn Is a Marketplace and Referral Service
Unless Ashborn expressly agrees otherwise in a separate written agreement, Ashborn is not the contractor, installer, manufacturer, utility provider, equipment supplier, lender, bank, insurance provider, tax adviser, engineering company, or home improvement contractor responsible for products or services ultimately offered to you.
Ashborn is also not automatically, and should not be treated as:
- A water utility
- A public water system
- A laboratory
- A medical provider
- A toxicologist
- An environmental consultant
- A plumber
- A water treatment contractor
- A manufacturer
- A governmental agency
- The company physically performing a water test
Ashborn may introduce or refer consumers to independent third party businesses, referred to in these Terms as "Participating Providers."
Participating Providers may include solar companies, HVAC contractors, battery providers, home improvement contractors, equipment dealers, installers, energy companies, consultants, financing providers, lenders, water testing companies, laboratories, water treatment companies, filtration providers, water conditioning providers, water softener providers, water system installers and dealers, water consultants, other water service providers, or other service providers.
Participating Providers are independent businesses.
Unless expressly stated otherwise, Ashborn does not control the day to day operations of Participating Providers and is not responsible for their independent acts or omissions except to the extent responsibility may not lawfully be excluded.
Participating Providers are responsible for their own:
- Licenses
- Permits
- Sales representations
- Product recommendations
- Proposals
- Pricing
- Equipment
- Financing
- Contracts
- Installations
- Workmanship
- Warranties
- Service obligations
- Customer support
- Employees and contractors
- Regulatory compliance
Any transaction entered into with a Participating Provider is subject to the agreement between you and that Participating Provider.
3. Advisor Service
After submitting information to Ashborn, an Ashborn agent will contact you, and you may be offered a telephone, virtual, or in-person appointment with an Advisor, based on what you need and what is available in your area. Telephone and virtual appointments typically last approximately 20 to 25 minutes.
During this review, an Advisor may discuss:
- Your current energy usage
- Your utility expenses
- Your property
- Existing solar or energy equipment
- Heating and cooling systems
- Your goals
- Solar options
- Battery options
- HVAC options
- Energy efficiency options
- Available Participating Providers
- Potential next steps
The objective of the review is to help you better understand available options and decide which products or services you may wish to explore.
Advisors may discuss options offered by Participating Providers with whom Ashborn has a business relationship.
Ashborn does not represent that its marketplace includes every provider, product, rate, financing option, or service available in your area.
A recommendation described as appropriate, suitable, preferred, or a potential "best fit" is based on the information available to Ashborn, the information you provide, provider availability, and other relevant criteria. It should not be interpreted as an exhaustive comparison of every product or provider available in the marketplace.
Ashborn and its Advisors are not acting as your fiduciary.
Unless separately licensed and expressly retained to provide such services, Ashborn does not provide legal, accounting, tax, investment, engineering, architectural, or financial advice.
4. Business Relationships and Compensation
Ashborn may have financial or business relationships with Participating Providers.
Ashborn may receive compensation for activities that may include:
- Generating a consumer inquiry
- Providing a qualified lead
- Transferring consumer information
- Scheduling an appointment
- A completed appointment
- A sale
- An installation
- A referral
- Marketing services
- Advertising services
- Other agreed upon business events
The amount or existence of compensation may vary among Participating Providers.
Ashborn is not required to present every provider available in your market.
You are free to investigate other providers independently before making a purchasing decision.
5. Eligibility
You must be at least 18 years old to use the Service.
By using the Service, you represent that:
- You are at least 18 years old.
- You are legally capable of agreeing to these Terms.
- Information you provide is accurate to the best of your knowledge.
- You are authorized to provide the telephone number and email address submitted.
- You will not knowingly submit another person's information without authorization.
Use of the Service is void where prohibited by law.
Certain products or services may have additional eligibility requirements, including homeownership, property eligibility, utility requirements, financing approval, credit requirements, income requirements, or geographic restrictions.
6. Information You Provide
You agree to provide accurate, current, and reasonably complete information when using the Service.
Information you provide may include:
- Your name
- Telephone number
- Email address
- Property address
- Homeownership status
- Utility information
- Electric or gas bill information
- Energy usage
- HVAC information
- Roof or property information
- Solar or battery information
- Product interests
- Appointment preferences
- Documents
- Photographs
- Utility bills
- ZIP code and the water provider you select in the Home Water Analyzer
- Optional answers about water conditions you notice at your property
- Water test request and scheduling information
- Other information relevant to your requested service
You are responsible for reviewing information for accuracy before submitting it.
Ashborn is not responsible for errors resulting from inaccurate, incomplete, or outdated information supplied by you or obtained from third party data sources.
7. Property, Energy, and Water Data
Ashborn may supplement information you provide with information obtained from lawful third party or publicly available sources.
Such information may include:
- Public property records
- Property characteristics
- Satellite imagery
- Mapping information
- Utility territory information
- Estimated energy consumption
- Estimated solar potential
- Property valuation information
- Public water system records, Consumer Confidence Reports, and utility water quality publications
- Government drinking water databases and monitoring records
- Geographic, census, and water service area information
- Other publicly or commercially available information
Third party data may be incomplete, outdated, or inaccurate.
You should independently verify information that is material to a purchasing decision.
8. Sharing Information With Participating Providers
Ashborn may provide information you submit to one or more Participating Providers in order to respond to your request and operate our lead generation and referral marketplace.
Information transferred may include:
- Name
- Telephone number
- Email address
- Property address
- Homeownership status
- Utility provider
- Energy usage
- Utility bill information
- Product interests
- Appointment information
- Property characteristics
- Other information relevant to the service requested
If you request a free home water test, Ashborn provides the information you submit for that request to Enevive, LLC so that Enevive can contact you, schedule, and perform the test. That information may include your name, telephone number, email address, street address, city, ZIP code, the water provider you selected or that was displayed to you, Home Water Analyzer information, optional answers about water conditions you notice at home, appointment information, and relevant marketing attribution information. The Free Home Water Tests section of these Terms and our Privacy Policy describe this in more detail.
Participating Providers may independently contact you regarding services you requested or communications for which you provided applicable consent.
Once information has been provided to an independent Participating Provider, that provider's handling of the information may also be governed by its own privacy policy and terms.
Additional information about Ashborn's disclosure, sale, or sharing of personal information is contained in our Privacy Policy.
9. Third Party Contracts and Transactions
Ashborn is not automatically a party to a contract between you and a Participating Provider.
Any solar agreement, HVAC agreement, battery agreement, water treatment, filtration, conditioning, or softening agreement, installation contract, service agreement, financing agreement, lease, power purchase agreement, warranty, loan, or similar transaction should be carefully reviewed before signing.
You are responsible for determining whether the terms offered by a Participating Provider are appropriate for you.
Ashborn does not guarantee that any Participating Provider will accept you as a customer or offer particular terms.
10. No Guarantee of Savings, Water Quality, or Results
Information regarding potential savings, energy production, utility expenses, equipment efficiency, system size, incentives, financing, return on investment, or similar information is provided for informational purposes unless expressly guaranteed in a separate written agreement by the party providing the guarantee.
Actual results may differ materially from estimates.
Variables may include:
- Utility rates
- Future utility rate changes
- Energy consumption
- Weather
- System design
- Solar exposure
- Roof characteristics
- Equipment performance
- Equipment degradation
- Homeowner behavior
- HVAC usage
- Property conditions
- Financing terms
- Interest rates
- Tax treatment
- Government programs
- Utility programs
- Installation conditions
- Provider pricing
Ashborn does not guarantee:
- A reduction in your utility bill
- A specific amount of savings
- Solar energy production
- Battery performance
- HVAC efficiency
- A particular return on investment
- Financing approval
- Interest rates
- Tax credits
- Rebates
- Government incentives
- Utility incentives
- Installation dates
- Equipment availability
- Provider performance
- Eligibility for any particular program
For water related information and services, Ashborn does not guarantee:
- Water quality
- Water safety
- The absence of contaminants
- The accuracy or completeness of public water records
- The suitability of a treatment product
- A particular laboratory result
- Removal of a contaminant
- Improvement in taste, odor, hardness, staining, or other water conditions
- Provider performance
- Product performance
- Appointment availability
- Eligibility for a free test
- A particular treatment recommendation
11. Utility Bill Analyzer
The Ashborn Partners Utility Bill Analyzer provides educational estimates based on the information you enter and on assumptions built into the software.
To use the analyzer, you provide your name, the address of the home, and your telephone number, and you may provide an email address. That information is sent to Ashborn when you complete the first step, and is handled as described in our Privacy Policy. The bill amounts and electricity usage you enter are analyzed in your browser and are not uploaded to Ashborn.
Results produced by the Utility Bill Analyzer are not utility statements, price quotes, guarantees, engineering evaluations, financial advice, solar production guarantees, or promises of future savings.
Actual results may vary because of utility rates, fixed charges, taxes, riders, seasonal pricing, time of use pricing, household consumption, weather, equipment performance, financing terms, property conditions, and other variables.
Any annual utility rate increase, energy offset percentage, or savings scenario shown by the analyzer is hypothetical. The analyzer currently illustrates an assumed annual electricity price increase of 5.6%, based on the methodology described in the analyzer. That assumption is not a promise or prediction that a specific consumer's bill will rise by that percentage, or by any amount, in any year.
The analyzer's example of producing about 80% of your own electricity is a hypothetical scenario. It is not a promise that any system will eliminate 80% of your electricity purchases or produce a specific amount of savings.
You should verify material information with your utility company and review actual provider proposals and contracts before making a decision.
12. Home Water Analyzer
The Ashborn Partners Home Water Analyzer is an educational tool. It summarizes publicly available information associated with public water systems and geographic areas.
The Home Water Analyzer is not:
- A laboratory test of water from your home
- A medical evaluation
- A toxicological evaluation
- An environmental site assessment
- A plumbing inspection
- A certification or guarantee of water safety
The Home Water Analyzer does not determine the exact condition of water at a particular home or faucet.
Information shown by the Home Water Analyzer may come from Consumer Confidence Reports, public water system monitoring records, government databases, utility publications, geographic information, and other public sources. Public records can be delayed, incomplete, historical, or inaccurate, and can be associated with a water system that does not serve a specific property.
Water quality may vary because of the water source, treatment process, distribution system, service line, property plumbing, fixtures, water heater, filters, softeners, maintenance, weather, location, and timing.
A ZIP code may contain multiple public water systems. You should confirm your actual water provider using a utility bill or by contacting the applicable provider.
The absence of a reported contaminant, violation, or concern does not prove that a substance is absent from a particular home. A reported result below a regulatory limit is not a guarantee that the water is appropriate for every person, medical condition, or use.
You should not rely exclusively on the Home Water Analyzer for health, safety, medical, purchasing, treatment, or property decisions.
13. Water Related Health and Safety
Ashborn does not provide medical, toxicological, public health, plumbing, engineering, environmental, or emergency advice.
If you have concerns about the color, odor, taste, or appearance of your water, possible contamination, or immediate safety, contact your water provider, your local health department, or the appropriate governmental authority.
Follow any official boil water advisory, do not drink notice, or other official instruction that applies to your area.
If you or anyone else is experiencing a medical emergency, contact emergency services immediately.
Health related questions should be directed to a qualified healthcare professional.
14. Free Home Water Tests
You may request a free home water test through Enevive, LLC. Enevive is an independent participating service provider.
Ashborn does not perform the physical water test or the laboratory analysis. The test is performed through a laboratory at Enevive. Ashborn does not represent that Enevive's laboratory is certified, accredited, independent, or approved or endorsed by any governmental agency.
Ashborn receives the initial information you submit and schedules your appointment. Ashborn does not receive your laboratory results, treatment recommendations, or later water test results from Enevive.
The scope, testing method, accuracy, limitations, and interpretation of the test are controlled by Enevive. A home screening, demonstration, or limited test may not be equivalent to comprehensive laboratory testing. Before or during your test, you may wish to ask what substances are tested, what method is used, what the test does not cover, and whether confirmatory testing is recommended.
Enevive is responsible for its own testing representations, recommendations, products, pricing, contracts, installations, warranties, licensing, and regulatory compliance. Enevive may discuss water filtration, conditioning, treatment, or related water services with you after the test.
Requesting a free home water test does not obligate you to purchase anything. Availability of free tests may be limited by area, schedule, and other factors.
15. Incentives, Rebates, and Tax Credits
Information concerning tax credits, rebates, incentives, grants, utility programs, or other financial benefits may change without notice.
Eligibility is determined by the applicable governmental entity, utility, manufacturer, financing company, Participating Provider, or program administrator.
Ashborn does not guarantee eligibility for any tax credit, incentive, rebate, grant, financing program, or other benefit.
Statements regarding possible tax benefits are general information and are not tax advice.
You should consult a qualified tax professional regarding your individual circumstances.
16. Financing and Credit
Participating Providers may make financing options available through independent lenders or financial institutions.
Unless expressly disclosed otherwise, Ashborn is not a lender or creditor.
Ashborn does not determine:
- Credit approval
- Interest rates
- Loan terms
- Required down payments
- Financing availability
- Loan payments
- Credit limits
- Underwriting standards
A lender or Participating Provider may request separate authorization before obtaining a consumer report or performing a credit inquiry.
Use of Ashborn's general website or lead form alone does not authorize Ashborn to obtain your consumer credit report unless a separate clear authorization is provided.
17. Automated Tools and Lead Routing
Ashborn may use automated systems, algorithms, software, or other technologies to organize leads, identify service areas, route inquiries, prioritize appointments, analyze marketing performance, or match consumers with Participating Providers.
Unless separately disclosed, these systems are not intended to make final credit or lending decisions on behalf of a lender.
Automated outputs may contain errors and should not be treated as guarantees regarding eligibility, savings, pricing, or provider suitability.
18. Telephone, Text Message, and Email Communications
Consent to receive marketing telephone calls or text messages is optional and is not a condition of purchasing property, goods, or services.
Where you separately provide communications consent through Ashborn, your consent will be governed by the disclosure presented to you when you provide that consent.
Depending upon your authorization, Ashborn and Participating Providers covered by that consent may contact you by:
- Telephone
- Text message
- Automated messaging technology
- Automated dialing technology where legally permitted
- Prerecorded voice, only where the consent you provided expressly covers it
- Appointment reminders
- Follow up communications
- Marketing communications
Message and data rates may apply.
Message frequency may vary.
Merely accessing the Ashborn website does not, by itself, constitute consent to receive marketing calls or text messages.
Website request form consent. Consent provided through the website home request form allows Ashborn Partners and its participating providers to call, text, and email you at the number and email you provided about your request, including scheduling and confirming your appointment, and related options for your home, including by automated technology or prerecorded voice where permitted by law. Consent is not a condition of purchase.
Utility Bill Analyzer consent. Consent provided on the first step of the Utility Bill Analyzer allows Ashborn Partners and its participating providers to call, text, and email you at the number and email you provided about your Utility Bill Analyzer results and related options for your home, including by automated technology or prerecorded voice where permitted by law. Consent is not a condition of purchase.
Home water test consent. Consent provided through the Home Water Analyzer free water test request is limited. It allows Ashborn Partners LLC and Enevive, LLC to call, text, and email you to schedule and follow up about your requested home water test and related water service options, including by automated dialing or text messaging technology where permitted by law. It is limited to live calls, calls and text messages using automated dialing or text messaging technology where permitted by law, and email, about water testing and water services. It does not authorize marketing for solar, batteries, HVAC, home energy, or other unrelated services. Consent is not a condition of purchasing any property, goods, or services. Message and data rates may apply. Message frequency may vary. Reply STOP to any text message to opt out, or use the other methods in the Opt Out and Do Not Contact Requests section.
19. SMS Terms
If you enroll in an Ashborn text messaging program, messages may include:
- Home energy review information
- Appointment scheduling
- Appointment confirmations
- Appointment reminders
- Follow up messages
- Requested service information
- Solar information
- Battery information
- HVAC information
- Energy efficiency information
- Home water test scheduling and follow up, where you requested a free home water test
- Other messages covered by the consent provided
Message frequency varies.
Message and data rates may apply.
Your wireless carrier is not responsible for delayed or undelivered messages.
To request that Ashborn marketing text messages stop, reply: STOP
Where available, reply: HELP for assistance.
Ashborn may send one additional message confirming that your opt out request was processed where permitted by law.
If you later affirmatively opt in again, messages may resume under your new consent.
You represent that you are the subscriber or customary user of the telephone number you provide or otherwise have authority to consent to communications at that number.
If your telephone number changes or is reassigned, you agree to update Ashborn where reasonably possible.
20. Email Communications
Where authorized, Ashborn may send emails concerning:
- Requested services
- Appointments
- Home energy information
- Offers
- Promotions
- Participating Providers
- Educational information
- Other related services
Marketing emails from Ashborn will provide a method for requesting that future marketing emails stop.
You may use the unsubscribe link contained in the email, contact Ashborn directly, or email lead-intake@ashbornpartners.com.
Nonmarketing messages reasonably necessary to respond to your request, administer an appointment, provide legally required notices, or manage an existing relationship may continue where permitted by law.
21. Opt Out and Do Not Contact Requests
You may revoke marketing communications consent as permitted by applicable law.
More than one method is available to you, and you may use whichever is most convenient:
- To request that marketing texts stop, reply STOP to a marketing text message or otherwise clearly communicate your request.
- To stop marketing email, use the unsubscribe mechanism contained in a marketing email or contact Ashborn.
- To stop marketing telephone calls, tell the Ashborn representative that you do not wish to receive additional marketing calls.
- To stop any or all marketing communications, email lead-intake@ashbornpartners.com.
Email is one available method. It is not the only way to opt out, and you are not required to use it.
Additional information is available on our Communication Opt Out page.
A request to stop marketing communications is separate from a privacy rights request regarding personal information. Privacy rights requests are described in our Privacy Policy.
Ashborn may maintain internal suppression and Do Not Contact records for compliance purposes.
If an independent Participating Provider has already received your information, the provider may maintain its own communication systems and suppression lists.
You may need to communicate an opt out request directly to that Participating Provider regarding communications made independently by that provider.
If you requested a free home water test, Enevive, LLC may contact you through its own systems. You may reply STOP to any Enevive text message, tell an Enevive representative that you do not wish to receive additional calls, or contact Enevive directly. Ashborn will also forward water related opt out requests it receives to Enevive where reasonably possible.
Ashborn will process requests relating to Ashborn communications and take other steps required by applicable law.
22. Call Monitoring and Recording
Telephone or virtual conversations with Ashborn may be monitored or recorded for training, quality assurance, documentation, security, compliance, and business purposes.
Where applicable law requires notice or consent before recording, Ashborn will provide the required notice or obtain the required consent.
If you do not wish to participate in a recorded communication after being informed that recording is occurring, you may end the communication.
23. Promotions and Offers
Ashborn or Participating Providers may make promotions, incentives, discounts, or other offers available.
Promotions may:
- Have eligibility requirements
- Be subject to availability
- Be limited geographically
- Expire
- Change
- Be withdrawn
- Be subject to additional terms
Ashborn does not guarantee that a third party will honor an offer except to the extent Ashborn expressly assumes such responsibility in writing.
24. Privacy
Ashborn's collection, processing, disclosure, sharing, sale, retention, and protection of personal information is described in the Ashborn Partners Privacy Policy.
You should review the Privacy Policy before submitting personal information.
To opt out of advertising related sale, sharing, or targeted advertising, visit Do Not Sell or Share My Personal Information. Ashborn also honors Global Privacy Control signals as described in the Privacy Policy.
The Privacy Policy is incorporated into these Terms where permitted by law.
25. Third Party Websites and Services
The Service may contain links, integrations, information, advertisements, or services provided by third parties.
Ashborn does not control all third party websites or services and does not guarantee:
- Their accuracy
- Their availability
- Their security
- Their privacy practices
- Their products
- Their pricing
- Their content
- Their representations
- Their performance
Your dealings with a third party are generally between you and that third party.
You should review applicable third party terms and privacy policies before using their services.
26. Permitted Use and Restrictions
You may use the Service only for lawful personal purposes unless Ashborn expressly authorizes another use.
You may not:
- Use the Service for fraud or unlawful activity.
- Knowingly submit false or misleading information.
- Impersonate another person.
- Submit another person's contact information without authorization.
- Attempt to gain unauthorized access to Ashborn systems.
- Introduce viruses, malware, malicious code, or other harmful technology.
- Interfere with the operation or security of the Service.
- Use automated bots, scrapers, spiders, or similar technology to access or copy substantial portions of the Service without authorization.
- Circumvent technical measures intended to protect the Service.
- Reverse engineer software except where such restriction is prohibited by law.
- Copy, reproduce, republish, or commercially exploit Ashborn content without authorization.
- Use Ashborn branding in a way that falsely suggests sponsorship, endorsement, or affiliation.
- Use the Service to violate another person's rights.
Ashborn may suspend or restrict access to the Service for suspected violations.
27. Materials You Submit
If you voluntarily submit photographs, utility bills, documents, property information, feedback, or other materials to Ashborn, you represent that you have the right to provide those materials.
You grant Ashborn a nonexclusive right to host, copy, analyze, transmit, and process submitted materials as reasonably necessary to:
- Provide the Service
- Perform a home energy review
- Connect you with Participating Providers
- Improve Ashborn services
- Maintain appropriate records
- Comply with legal obligations
This permission does not give Ashborn the right to publicly publish your private utility bills, personal documents, or private photographs for unrelated advertising purposes without additional authorization where required.
28. Feedback
If you voluntarily provide suggestions, comments, ideas, recommendations, or other feedback regarding Ashborn or the Service, you grant Ashborn permission to use that feedback for legitimate business purposes without compensation to you.
This provision does not change Ashborn's obligations concerning personal information under the Privacy Policy.
29. Intellectual Property and Ownership
Ashborn and its licensors own all rights, title, and interest in and to the Service and original materials contained within it, including:
- Website design
- Software
- Graphics
- Text
- Logos
- Branding
- Marketing materials
- Processes
- Databases
- Other intellectual property
Nothing in these Terms transfers ownership of Ashborn intellectual property to you.
30. Intellectual Property and Restricted Use of Ashborn Analyzers
The Ashborn Partners Utility Bill Analyzer, Home Water Analyzer, and all original content and materials associated with these services, including software code, data organization, interface design, selection and arrangement of information, visual elements, written explanations, reports, calculations, graphics, branding, workflows, and proprietary materials, are owned by or licensed to Ashborn Partners LLC and are protected to the extent provided by applicable intellectual property laws. Both analyzers were created by Giovanni Bardelli with Ashborn Partners LLC.
Ashborn Partners LLC grants users a limited, revocable, nonexclusive, nontransferable right to use the analyzers solely for their intended personal or authorized business purpose.
Except where permitted by applicable law or expressly authorized in writing by Ashborn Partners LLC, users may not copy, reproduce, republish, distribute, sell, license, sublicense, modify, create derivative works from, commercially exploit, frame, mirror, scrape, systematically extract information from, access through automated means, or use protected portions of either analyzer to develop, train, operate, improve, or create another commercial product or service.
Users may not bypass security measures, interfere with operation of the analyzers, attempt unauthorized access, submit malicious code, overload the services, or misrepresent analyzer reports as official government, utility, laboratory, engineering, environmental, or medical documents.
Public facts, government records, mathematical principles, utility information, water quality records, regulatory standards, and other materials not eligible for exclusive ownership remain subject to applicable law.
ASHBORN PARTNERS, the Ashborn logo, and associated branding may not be used in a way that falsely suggests authorization, sponsorship, certification, endorsement, government affiliation, utility affiliation, water provider affiliation, or laboratory affiliation.
Ashborn Partners LLC reserves all rights not expressly granted under these Terms.
31. Trademarks
Ashborn Partners, Ashborn branding, logos, product names, service names, slogans, and related marks may be trademarks or other protected intellectual property of Ashborn.
You may not use Ashborn trademarks or branding without prior authorization where authorization is legally required.
Third party names and trademarks appearing through the Service belong to their respective owners.
Reference to a third party does not necessarily imply endorsement, sponsorship, or affiliation beyond the relationship expressly described.
32. Modification or Discontinuation of the Service
Ashborn may modify, update, suspend, restrict, replace, or discontinue all or part of the Service at any time.
Ashborn does not guarantee that any particular website feature, Participating Provider, product category, appointment service, or other functionality will remain available indefinitely.
To the fullest extent permitted by law, Ashborn will not be liable solely because a feature or Service is modified or discontinued.
33. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
THE SERVICE AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ASHBORN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
ASHBORN DOES NOT WARRANT THAT:
- THE SERVICE WILL ALWAYS BE AVAILABLE.
- THE SERVICE WILL BE ERROR FREE.
- INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT.
- A PARTICULAR PROVIDER WILL BE AVAILABLE.
- A PARTICULAR PROVIDER WILL ACCEPT YOUR REQUEST.
- YOU WILL QUALIFY FOR A PRODUCT OR SERVICE.
- YOU WILL RECEIVE PARTICULAR PRICING OR FINANCING.
- YOU WILL ACHIEVE PARTICULAR ENERGY SAVINGS.
- A PARTICIPATING PROVIDER WILL PERFORM TO YOUR EXPECTATIONS.
- A PARTICULAR PRODUCT WILL BE APPROPRIATE FOR YOUR HOME.
- PUBLIC WATER INFORMATION, GOVERNMENT RECORDS, OR OTHER THIRD PARTY INFORMATION SHOWN THROUGH THE SERVICE IS COMPLETE, CURRENT, OR ACCURATE.
- THE WATER PROVIDER OR PUBLIC WATER SYSTEM MATCHED TO A ZIP CODE OR AREA ACTUALLY SERVES YOUR PROPERTY.
- ANALYZER RESULTS DESCRIBE THE CONDITION OF WATER AT YOUR HOME OR FAUCET.
- ANY LABORATORY TEST, HOME SCREENING, OR TEST RESULT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.
- ANY WATER TREATMENT, FILTRATION, CONDITIONING, OR SOFTENING RECOMMENDATION OR PRODUCT WILL BE APPROPRIATE OR EFFECTIVE FOR YOUR HOME.
Nothing in these Terms eliminates warranties or consumer rights that cannot legally be waived.
34. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ASHBORN PARTNERS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS INCLUDES DAMAGES OR LOSSES ARISING FROM:
- LOST SAVINGS
- LOST PROFITS
- LOSS OF DATA
- INTERRUPTION OF SERVICE
- UTILITY COSTS
- FINANCING DECISIONS
- TAX CONSEQUENCES
- INCENTIVE ELIGIBILITY
- THIRD PARTY CONTRACTS
- PROVIDER REPRESENTATIONS
- EQUIPMENT
- INSTALLATION
- WORKMANSHIP
- PROPERTY DAMAGE CAUSED BY AN INDEPENDENT PROVIDER
- PROVIDER DELAYS
- PROVIDER BUSINESS FAILURE
- PROVIDER COMMUNICATIONS
- RELIANCE UPON ESTIMATES OR INFORMATION PROVIDED THROUGH THE SERVICE
- RELIANCE UPON PUBLIC WATER INFORMATION
- INCORRECT WATER PROVIDER OR PUBLIC WATER SYSTEM MATCHING
- LABORATORY TESTING, HOME WATER SCREENING, OR TEST RESULTS PROVIDED BY AN INDEPENDENT PROVIDER
- WATER TREATMENT RECOMMENDATIONS MADE BY AN INDEPENDENT PROVIDER
- HEALTH OR SAFETY DECISIONS MADE IN RELIANCE ON THE SERVICE
- PLUMBING OR OTHER PROPERTY CONDITIONS
- PROVIDER PRODUCTS AND SERVICES
- INCOMPLETE, HISTORICAL, OR INACCURATE GOVERNMENT OR THIRD PARTY INFORMATION
Except where prohibited by law, Ashborn's total aggregate liability arising from or relating to the Service or these Terms will not exceed the greater of:
The amount you directly paid Ashborn for use of the Service during the twelve months preceding the event giving rise to the claim
or
One Hundred Dollars, $100
The limitations contained in this section apply only to the maximum extent permitted by law.
Nothing in these Terms limits liability that applicable law does not permit Ashborn to exclude or limit.
35. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ashborn Partners and its owners, officers, directors, employees, affiliates, agents, and representatives from claims, damages, liabilities, expenses, and reasonable attorneys' fees arising from:
- Your unlawful use of the Service.
- Your intentional or fraudulent misuse of the Service.
- Your material violation of these Terms.
- Information you knowingly submit without authorization.
- Your infringement or violation of another person's rights.
This section does not require you to indemnify Ashborn for Ashborn's own conduct where such an obligation is prohibited by law.
36. Electronic Communications and Electronic Signatures
You consent to receiving legally permitted records, disclosures, notices, and communications electronically where appropriate.
You agree that electronic records may satisfy legal requirements that communications be provided in writing where permitted by law.
Actions such as:
- Checking a box
- Clicking an acceptance button
- Submitting an online form
- Typing your name
- Electronically confirming an agreement
may constitute an electronic signature where recognized by applicable law.
Your agreement to receive legally required electronic records does not, by itself, constitute consent to receive marketing calls or text messages where separate consent is required.
37. Force Majeure
To the fullest extent permitted by law, Ashborn will not be responsible for delays or failures caused by events reasonably beyond its control, including:
- Natural disasters
- Severe weather
- Utility outages
- Internet outages
- Telecommunications failures
- Cyberattacks
- Government actions
- Labor disruptions
- Supplier failures
- Provider failures
- Public emergencies
- Acts of war
- Other events outside Ashborn's reasonable control
38. Dispute Resolution and Binding Arbitration
Please Read This Section Carefully
This arbitration agreement affects your legal rights.
Informal Resolution First
Before commencing arbitration, you and Ashborn agree to attempt in good faith to resolve the dispute informally.
A party seeking to raise a dispute must send the other party a written Notice of Dispute describing:
- The person's name and contact information
- The nature and factual basis of the dispute
- The relief requested
Consumers may send a Notice of Dispute to:
Ashborn Partners LLC
1403 N 630 E
Orem, UT 84097
United States
Email: justin@ashbornpartners.com
The parties will have at least 30 days after receipt of the Notice of Dispute to attempt to resolve the matter before arbitration is initiated.
Either party may seek relief sooner where waiting would cause a claim to expire or where immediate injunctive relief is legally necessary.
Binding Individual Arbitration
Except for disputes that qualify for small claims court, disputes expressly excluded below, and disputes that applicable law prohibits from being arbitrated, you and Ashborn agree that any dispute, claim, or controversy arising out of or relating to:
- The Service
- These Terms
- The Privacy Policy
- Your relationship with Ashborn
- Representations made through the Service
- Ashborn communications
- Ashborn referrals
- or the interpretation, applicability, enforceability, formation, or validity of this arbitration agreement
will be resolved through final and binding individual arbitration.
The arbitration will be administered by the American Arbitration Association, AAA, under its applicable Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms where legally permitted.
If there is a conflict between these Terms and mandatory provisions of the applicable AAA Consumer Arbitration Rules, the mandatory AAA provisions will control.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.
Neutral Arbitrator
The dispute will be decided by a neutral arbitrator rather than by a judge or jury.
The arbitrator may award the same individual remedies that would otherwise be available in court to the extent permitted by law.
Judgment on an arbitration award may be entered in any court with jurisdiction.
Small Claims Court
Either you or Ashborn may bring an individual claim in a court of competent jurisdiction that qualifies as a small claims action.
If a matter is properly pending in small claims court on an individual basis, either party may elect to have it remain there rather than proceed to arbitration.
Arbitration Location
Unless the parties agree otherwise or applicable AAA rules require a different procedure, arbitration may take place remotely, by documents, or at a reasonably convenient location consistent with the applicable AAA Consumer Arbitration Rules.
Ashborn will not require a consumer to travel to Utah for an in person arbitration when applicable law or AAA rules require another location.
Arbitration Costs
Arbitration fees and costs will be allocated according to the applicable AAA Consumer Arbitration Rules and applicable law.
Ashborn will pay fees it is required to pay under those rules.
Each party will ordinarily be responsible for its own attorneys' fees unless a statute, rule, arbitration award, or other applicable law provides otherwise.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ASHBORN AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
YOU AND ASHBORN WAIVE THE RIGHT TO HAVE A DISPUTE HEARD OR RESOLVED AS A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION TO THE EXTENT SUCH A WAIVER IS LAWFUL.
THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND ASHBORN WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO ARBITRATION.
Government Agencies
Nothing in these Terms prevents you from communicating with, cooperating with, or filing a complaint with a federal, state, or local governmental or regulatory agency.
Where permitted by law, such an agency may seek relief on your behalf.
Emergency or Injunctive Relief
Nothing in this arbitration agreement prevents either party from seeking temporary or preliminary relief from a court where such relief is necessary to protect intellectual property, confidential information, security, or other rights pending arbitration and where permitted by applicable law.
Right to Opt Out of Arbitration
You may reject this arbitration agreement without affecting your ability to use the Service.
To opt out, you must provide Ashborn written notice within 30 days after the date you first accept these Terms.
Your notice must include:
- Your full name
- Your mailing address
- The telephone number or email address associated with your interaction with Ashborn
- A clear statement that you are opting out of the arbitration provision contained in the Ashborn Partners Terms of Service
You may send the notice by email to: justin@ashbornpartners.com
Subject: Arbitration Opt Out
or by mail to:
Ashborn Partners LLC
Attn: Arbitration Opt Out
1403 N 630 E
Orem, UT 84097
United States
An opt out applies only to the person submitting it.
Severability of Arbitration Terms
If any portion of this arbitration section is found invalid or unenforceable, that portion will be severed or modified to the minimum extent necessary, and the remaining provisions will continue to apply to the fullest extent permitted by law.
If applicable law prevents enforcement of the class action waiver with respect to a particular claim or requested remedy, then that claim or remedy will proceed in the forum required by applicable law while arbitrable claims will proceed in arbitration where legally permitted.
39. Governing Law
Except where the Federal Arbitration Act, federal law, or mandatory consumer protection law provides otherwise, these Terms and disputes arising from them will be governed by the laws of the State of Utah, without regard to conflict of law principles.
For disputes that are not subject to arbitration and where applicable law permits the parties to agree to venue, you and Ashborn consent to the jurisdiction of appropriate state or federal courts serving Salt Lake County, Utah.
Nothing in this provision eliminates rights provided by mandatory laws applicable to consumers in another state.
40. Modifications to These Terms
Ashborn may update these Terms from time to time to reflect changes to:
- Our Service
- Our business
- Technology
- Participating Providers
- Legal requirements
- Regulatory requirements
- Business practices
The "Last Updated" date will identify the current version.
Where applicable law requires additional notice or affirmative consent before a material change becomes binding, Ashborn will provide that notice or obtain that consent.
Your continued use of the Service following an effective update constitutes acceptance to the extent permitted by law.
41. Termination and Restriction of Access
Ashborn may suspend, restrict, or terminate your access to the Service where reasonably appropriate, including for:
- Violation of these Terms
- Fraud
- Security threats
- Abusive conduct
- Illegal activity
- Misuse of Ashborn systems
Ashborn may also discontinue the Service entirely.
Provisions that by their nature should survive termination will remain effective, including provisions regarding:
- Intellectual property
- Disclaimers
- Limitations of liability
- Indemnification
- Dispute resolution
- Privacy obligations
- Accrued rights
42. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the provision will be modified or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
43. No Waiver
Ashborn's failure to enforce a provision of these Terms does not waive Ashborn's right to enforce that provision or another provision later.
A waiver is effective only when made in writing by an authorized Ashborn representative unless applicable law provides otherwise.
44. Assignment
You may not assign your rights or obligations under these Terms without Ashborn's written consent.
Ashborn may assign or transfer these Terms in connection with:
- A merger
- Acquisition
- Sale of assets
- Financing
- Corporate restructuring
- Change of control
- Transfer of business operations
- Similar business transaction
subject to applicable law.
45. Entire Agreement
These Terms, together with the Ashborn Privacy Policy and any applicable additional disclosures, consents, or agreements, constitute the agreement between you and Ashborn regarding use of the Service.
A separate agreement between you and a Participating Provider is governed by that provider's terms and does not make Ashborn a party to that agreement unless Ashborn expressly agrees otherwise in writing.
46. Accessibility
Ashborn Partners seeks to make its online Services accessible to a broad range of users.
If you experience difficulty accessing a portion of the Service or need assistance, please contact us using the information below.
47. Contact Information
Questions, concerns, notices, or other communications regarding these Terms may be directed to:
Ashborn Partners LLC
1403 N 630 E
Orem, UT 84097
United States
Email: justin@ashbornpartners.com
Telephone: 801 331 5676
For arbitration opt out requests, use: justin@ashbornpartners.com, Subject: Arbitration Opt Out
For privacy related requests, use: justin@ashbornpartners.com