Terms and Conditions

1. I understand, acknowledge, and agree to the following Terms and Conditions, which form a part of the application form for my participation in the LivingWise Program (“Program”).
2. I understand the Program, including the application requirements, as well as individual energy efficiency products, measures, or equipment (“Equipment”) offered as part of this Program, may be modified, or terminated at any time without prior notice. Any information, results, and reports regarding your participation in the program may be made available to the California Public Utilities Commission (“CPUC”).
3. I understand the Program including these Terms and Conditions may be revised at any time without notice. In such an instance, unless otherwise prohibited under applicable law (including any CPUC order or directive), signed applications will be processed to completion under the Terms and Conditions in effect of the date of such signed application.
4. I understand the AM Conservation ("Contractor") is a SoCalGas authorized contractor responsible for implementing the Program through December 31, 2027 I understand that the installation of the Equipment may require Contractor and/or its authorized subcontractor to enter my facility. I agree to permit Contractor and its authorized subcontractors to: (1) Review completed and signed application; (2) Install qualified Equipment; and (3) Verify installation of Equipment at my facility, as applicable.
5. I understand neither SoCalGas nor Contractor shall have: (1) Any obligation to maintain, remove, or perform any work whatsoever on the installed Equipment; or (2) Any liability arising from a contractor’s installation of the applicable Equipment or its failure to perform, for failure of the Equipment to function, for any damage to my premises caused by the contractor, or for any damages to property or injuries to persons caused by the Equipment.
6. I understand all Projects are subject to evaluation studies of Equipment by and/or Program measurement by external contractors appointed by the CPUC. These studies are used to analyze and improve Program performance. I agree to participate by responding to inquiries from these contractors in a timely manner.
7. I acknowledge that I have been notified of SoCalGas’s California Consumer Privacy Act (CCPA) Policy. Personal information may be solicited; visit socalgas.com/CCPA to review SoCalGas’s CCPA Notice at Collection.
8. Customer Affidavit Statement per Resolution E-5115: I represent that I hereby certify that I am authorized to make this declaration as the Customer or as an authorized representative of the Customer. I certify that the existing equipment being replaced is in operating condition to the best of my knowledge. I acknowledge that misrepresentation will result in a rejection of all, or part of the project and that the Customer may be required to return the incentives associated with this project. I further acknowledge that misrepresentation will result in future projects submitted by the Customer being subjected to additional scrutiny and may result in Customer probation or suspension from current and future incentive programs.
9. I agree that the selection of Equipment, selection of contractor, manufacturer, dealer, supplier and/or installer, and purchase, installation and ownership and maintenance of (including work performed and services rendered with respect to) the Equipment referenced in this application package are my sole responsibility, that SoCalGas makes no representation, qualification, endorsement or guarantee about any of the foregoing, and that the contractor, manufacturer, dealer, supplier or installer of such Equipment and measures is not an agent or representative of SoCalGas or Contractor. SoCalGas makes no warranty, whether express or implied, including the implied warranty of merchantability or fitness for a particular purpose, use or application of the Equipment or energy efficiency measures related thereto, and SoCalGas expressly disclaims such warranty. I acknowledge that I am not obligated to purchase any additional goods or services offered by any such contractor due to my choice to participate in this Program. I understand that my reliance on warranties is limited to any warranties that may arise from or be provided by contractors or vendors providing goods or performing services in connection with Equipment. Neither SoCalGas nor Contractor are responsible for assuring the design, engineering, or construction of the facility or installation of the Equipment are proper or comply with any particular laws (including patent laws), codes, or industry standards. Neither SoCalGas nor Contractor make any representations of any kind regarding the results to be achieved by the Equipment or the adequacy, safety, reliability, and/or efficiency of such Equipment.
10. I agree that SoCalGas has no liability whatsoever concerning: (1) The quality, safety, performance or other aspect of any design, system, energy efficiency Equipment installed pursuant to the Program and/or installation of the Equipment, including their fitness for any purpose; (2) The estimated energy savings of the Equipment; (3) The workmanship of any third parties; (4) The installation of use of the Equipment including, but not limited to, effects on indoor pollutants; and (5) Any other matter with respect to the Program.
11. I waive any and all claims against SoCalGas, its parent company, affiliate companies, directors, officers, employees, or agents (collectively, “SoCalGas Parties”), arising out of activities conducted by or on behalf of SoCalGas in connection with my application for any rebate(s), incentive(s), and/or service(s) under the Program. Without limiting any of the foregoing, to the maximum extent permitted under applicable law, none of the SoCalGas Parties, Contractor nor any of their respective affiliates shall be liable to me or any other parties for any types of damages, whether direct or indirect, special, consequential, exemplary, reliance, punitive or incidental damages, including damages for loss of use, regardless of the theory of recovery, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind, caused by, in connection with, or arising from any activities associated with this Program. To the maximum extent permitted under applicable law, I agree to indemnify the SoCalGas parties against all loss, damage, expense, fees, costs, and liability arising from any claims related to the use of any equipment installed or services performed during the installation or maintenance of such equipment referred to in my application for any rebate(s) or incentive(s) under the program.