BUILT TO SAVE® MAKES NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED CONTENT CONTAINED ON THE CHECKLISTS PROVIDED BY HERS RATERS. THE RATER AND BUILDER ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE HOME COMPLIES WITH THE APPROPRIATE CHECKLISTS AND RATING SCORE REQUIREMENTS. ALL SUCH INFORMATION IS PROVIDED TO USER “AS IS” WITHOUT ANY WARRANTY OF ANY KIND FROM BUILT TO SAVE®. IN NO EVENT SHALL CONTRACTORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF: USE, DATA, OR PROFITS, ARISING IN ANY WAY FROM SAID USERS’ USE OF GOODS OR SERVICE PARTICIPATING IN THE CERTIFER BROKER’S PROGRAM, OR FROM A RATER OR BUILDER'S FAILURE TO COMPLETE THE REQUIREMENTS OF THE BUILT TO SAVE® PROGRAM, OR FOR BUILDER MISREPRESENTING A HOME AS BUILT TO SAVE® CERTIFIED BEFORE THE HOME COMPLETES THE REQUIREMENTS OF THE PROGRAM. CERTIFICATION PROGRAM QUALIFYING CRITERIA AND TERMS OR CONDITIONS LISTED BELOW ARE SUBJECT TO CHANGE WITHOUT NOTICE. PREPAYMENT FOR REQUESTING BUILT TO SAVE® CERTIFICATION DOES NOT MEAN THE HOME WILL AUTOMATICALLY QUALIFY FOR BUILT TO SAVE® CERTIFICATION.

This agreement is a voluntary agreement between BUILT TO SAVE® and Builder and can be dissolved by either party for any reason and at any time without cancellation penalties except for payment due for services rendered. Cancellation will forfeit any fees paid by the Builder to BUILT TO SAVE® and will result in the removal of the builder company from the appropriate websites and print/digital ads where Builder is listed as a partner if requirements of the BUILT TO SAVE® program are not met.

NOTE: Prepayment for requesting BUILT TO SAVE® certification does not guarantee that the home will qualify for the BUILT TO SAVE® certification. If the home does not qualify due to failure on the part of the HERS Raters to perform their duties, 100% of the Request for Certification fee will be refunded to the builder. If the home does not qualify due to the failure of the builder to meet one or more of the requirements of the program, the Request for Certification fee will be returned less a fee of $18.00 per home to cover paypal transaction expenses.

1. Builders must complete the construction and certification of at least one home during each year from the date of its initial registration in any of the certification programs to qualify for the use of the respective certification logos or certification program partner logos in their marketing and advertising activities. Inability to meet this requirement will automatically terminate the builder’s participation in the programs and the company must remove and/or cease any reference to the certification programs from its marketing and advertising including but not limited to print, electronic, transit, and outdoor advertising, and signage.

2. Builders will receive a decal to be placed on the electrical panel box and the appropriate certificates for the homeowner from the Rater upon completion and certification of the home.

3. Builders must follow the certification logos and corporate graphics guidelines established by the respective certification programs for brand consistency and protection of the trademarks. Use of the BUILT TO SAVE® on outdoor media, vehicles, and ad specialties must be pre-approved in writing by BUILT TO SAVE®.

4. Certifications shall not be used to imply or guarantee that the house is structurally sound or safe, or free of dangerous materials and substances such as molds, mildew, allergens, or harmful gases such as radon. The above statement about indoor air quality does not apply to the Indoor airPlus certification which addresses these problems and includes a separate statement of verification.

5. BUILT TO SAVE® will not be liable for the builder’s failure to construct the home in accordance with applicable laws and city, state, and national building codes, or if builder markets homes as BUILT TO SAVE® certified before the home meets the program’s requirements and receives the BUILT TO SAVE® certification.

6. Builders assume all responsibility in handling consumer complaints about the performance and energy efficiency of the BUILT TO SAVE® certified home and indemnify BUILT TO SAVE® from any litigation resulting from the dissatisfaction of the homeowner regarding the construction of the home and its performance or any other complaints from homeowners pertaining to the Builder’s role in building their home, and from litigation resulting from misrepresentation of the home as BUILT TO SAVE®.

7. The HERS Rater is solely responsible for verifying that the home complies with the certification requirements of each program with cooperation from the Builder. A Pre-Construction Checklist, a Thermal (Pre-Drywall) Inspection Checklist and a Final Inspection Checklist must be completed by the Rater and submitted to BUILT TO SAVE® for approval along with a certified HERS score from their Provider. Homes that have already been drywalled cannot be certified as BUILT TO SAVE® if the Thermal Inspection was not performed before drywall. BUILT TO SAVE® is not liable for inaccurate inspections or errors in testing. If an item on the program checklists cannot be inspected by the Rater, the home cannot qualify for the programs’ certification. Items corrected on checklists are initialled and verified with the builder’s signature. 

8. BUILT TO SAVE® makes no representation about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or related content contained on the program checklists provided by Raters. All such information is provided to use “as is” without any warranty of any kind from the BUILT TO SAVE®. In no event shall contractors, officers, directors, agents, employees, and representatives be liable for any actual, direct, indirect, punitive, incidental, special, or consequential damages, including, without limitation, damages for any loss of use, data, or profits arising, in any way from said users’ use of goods or service participating in the BUILT TO SAVE® program. BUILT TO SAVE® reserves the right to modify this agreement and the requirements of the BUILT TO SAVE® program at any time without notice.

9. Failure to comply with the commitments and requirements of the BUILT TO SAVE® program can result in the termination of the Builders participation in the program resulting in the loss of the privilege of using the certification logos and marketing differentiation in its advertising.

10. BUILT TO SAVE® will actively police the misuse of program trademarks and monitor program compliance by the Builder. If Builders are found to be in violation of the terms, conditions, and agreements of the BUILT TO SAVE® program, BUILT TO SAVE® will pursue legal action if necessary to cease illegal activities.

11. BUILT TO SAVE® signage can only be placed in front of homes that have completed certification in the program and the builder member is a current member of the BUILT TO SAVE® program in good standing. Builder agrees to reimburse BUILT TO SAVE® for signs that were supplied at no fee if signs are lost or destroyed. BUILT TO SAVE® reserves the right to remove the BUILT TO SAVE® sign, even it was purchased by the builder if any of the following conditions apply:

a. Authorization for use is expired and builder is no longer a BUILT TO SAVE® member
b. Builder is not a BUILT TO SAVE® member in good standing                           
c. Home fails to qualify for the BUILT TO SAVE® requirements

12. BUILT TO SAVE® reserves the right to exclude builder members from the BUILT TO SAVE® program if those members are not in good standing with the company’s marketing contractors: Across Media Marketing, LLC / New Homes Guide. Fees paid to register as a member will be forfeited if members are found to be in violation of the program’s requirements.