Disclaimer of Warranties; Limitation of Liability

IDAHO POWER HEREBY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATION OR PROMISE WITH RESPECT TO THE EQUIPMENT, MATERIALS, OR LABOR REQUIRED FOR THE INSTALLATION OF THE EQUIPMENT ON THE PREMISES, OR THE COST OF SUCH EQUIPMENT, MATERIALS, AND LABOR.

Because of the variability and uniqueness of individual energy use, it is not possible to predict exact energy savings (if any) that may accrue to you from the Program. Idaho Power, by sponsoring the Program, does not warrant that the equipment will achieve any reduction in energy costs to you.

Idaho Power neither expressly nor implicitly warrants nor assumes any legal liability or responsibility for the performance, quality, safety, installation, or estimated energy and/or cost savings of the Program or any services performed or equipment installed in connection with the Program.

You agree Idaho Power shall not be liable to you for indirect, consequential, special, or incidental damages arising out of the Program, whether in contract, tort (including negligence), or any other theory of recovery, and Idaho Power’s maximum liability to you for any legal or equitable claim shall not exceed the fee paid by you to the Home Performance Specialist in connection with the Program.. You also agree Idaho Power shall not be responsible for the advice of the Home Performance Specialist or the work of the Home Performance Specialist or other persons or entities performing services under the Program who are not employees of Idaho Power.

Indemnification, Waiver, Release, and Hold Harmless

You understand your participation in the Program requires the third-party Home Performance Specialist to enter your residence, which may carry certain risks, including exposure to viruses or other illnesses. As part of the consideration for receipt of the benefits of the Program, you voluntarily accept all risks and agree to waive all claims against Idaho Power and its employees, agents, directors, officers, and shareholders (“Released Parties”) and agree to defend, indemnify, and hold harmless Released Parties for, from, and against all the liabilities, claims, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your breach of these Terms and Conditions, any false or misleading information in the application you completed in connection with the Program, and any illness, personal injury, or property damage arising or resulting from your participation in the Program.