PLEASE READ THESE TERMS CAREFULLY. SECTION 18 REQUIRES THAT MOST DISPUTES BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.
1. Acceptance of These Terms
These Terms of Use ("Terms") are a binding agreement between you and CAT Exteriors Inc., a California corporation ("CAT Exteriors," "we," "us," or "our"), governing your use of Energy Audit, the website and online tool available at https://audit.cat1.us, including the questionnaire, results pages, reports, accounts, booking calendar, and related features (together, the "Tool").
By accessing or using the Tool, creating an account, submitting the questionnaire, or checking "Agree and Accept," you agree to these Terms and to our Privacy Policy at https://audit.cat1.us/privacy-policy. If you do not agree, do not use the Tool.
2. Who We Are
Energy Audit is not a separate legal entity. It is owned and operated by CAT Exteriors Inc.
CAT Exteriors Inc.
1290 N Hancock St, Ste 102
Anaheim, CA 92807
Email: marketing@cat1.us (legal, privacy, and website questions)
Email: info@cat1.us (scores, reports, and upgrades)
Toll-free: (800) 417-0916
CAT Heating and AC is a d/b/a of CAT Exteriors Inc. Kensington Marketing Group is an affiliated company that informs homeowners of available programs, discounts, and energy solutions. CAT Exteriors and its affiliated companies are referred to together as the "CAT Companies."
3. Eligibility
You may use the Tool only if:
- You are at least 18 years old and able to form a binding contract;
- You live in the United States;
- You are the owner of the residential property you describe, or a primary decision-maker authorized to act for the owner; and
- You are not using the Tool for a rental property you do not own or for a commercial property.
By using the Tool, you represent that you meet these requirements.
4. What the Energy Score Is, and What It Is Not
4.1 An educational estimate. The Tool produces an estimated energy score, category scores, a "potential score," explanations, recommended improvements, estimated savings ranges, and estimated seasonal energy costs (together, "Results"). Results are calculated by a proprietary formula from the answers you provide, together with published information from sources such as the U.S. Department of Energy, ENERGY STAR, the U.S. Energy Information Administration, NOAA climate normals, and other public energy and climate data.
4.2 Not an inspection or official rating. Results are not based on a physical inspection, testing, or your actual utility records. Results are NOT an official DOE Home Energy Score, a RESNET HERS Index rating, a utility audit, a government-certified energy audit, a home inspection, an appraisal, or a code compliance determination, and may not be relied on as any of these.
4.3 Savings and cost figures are estimates only. Any savings ranges, cost figures, bill estimates, or score improvements shown are general estimates based on your answers, published averages, typical performance data, and climate data. If you enter your monthly energy bill, the estimates are adjusted using that figure, but they remain estimates. Actual results depend on many factors, including your home's actual condition, the products selected, installation, local utility rates, weather, occupancy, and how you use energy. WE DO NOT GUARANTEE ANY ENERGY SAVINGS, BILL REDUCTION, SCORE, OR RESULT.
4.4 Your answers drive your Results. Results are only as accurate as the information you provide. Answering "I'm not sure" or providing inaccurate information will affect your Results.
4.5 Not professional advice. Results are for general informational and educational purposes. They are not engineering, structural, electrical, mechanical, legal, tax, or financial advice. Statements in your Results about possible damage, safety, or urgent issues (such as roof sagging, moisture, mold, leaks, or HVAC failure) are general information. If you suspect a safety, structural, electrical, gas, or health issue, contact a qualified licensed professional promptly.
4.6 Programs and incentives. Information about programs, rebates, incentives, or discounts is general. Eligibility, amounts, and availability are set by the program sponsors, may change at any time, and are not guaranteed by us.
4.7 Changes to the formula. We may update our methodology, data sources, and scoring at any time, which may change Results for the same answers.
5. Your Account
5.1 Creating an account. You may create an account manually, or one may be created for you when you submit the questionnaire. You claim it by setting a password and verifying your email or phone number.
5.2 Your responsibilities. You agree to provide accurate information, keep your password confidential, and not share your account. You are responsible for activity under your account. Notify us right away at marketing@cat1.us if you believe your account has been accessed without permission.
5.3 Deleting your account. You may delete your account at any time in your account settings or by contacting us, as described in our Privacy Policy.
6. Communications
By submitting the questionnaire and checking "Agree and Accept," you agree that CAT Exteriors Inc., CAT Heating and AC, and Kensington Marketing Group may contact you at the phone number and email address you provide, including by calls and text messages that may be sent using automated technology, about your energy report, available programs, discounts, products, services, and appointments. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of texts or HELP for help. Calls may be recorded for training and quality purposes.
You may opt out of marketing contact at any time as described in our Privacy Policy, including through our do-not-call form, by replying STOP, by using an email unsubscribe link, by calling (800) 417-0916, or by emailing marketing@cat1.us. You agree to tell us promptly if you change or give up the phone number you provided.
Transactional and account messages, such as verification codes, appointment confirmations, and security notices, are part of the Tool and may be sent even after you opt out of marketing, where permitted by law.
7. Free In-Home Assessments
7.1 Free and no obligation. Through the Tool, including the "Check if I Qualify?" button and our booking calendar, you may schedule a free in-home assessment with a trained CAT Exteriors specialist. The assessment is free. There is no obligation to purchase any product or service.
7.2 Who must attend. All owners and primary decision-makers for the home must be present for the entire appointment. If they are not, we may reschedule.
7.3 Access and safety. An adult 18 or older who is authorized to grant access must be present. You agree to provide safe access to the areas being assessed, secure pets, and tell us about any known hazards (for example, damaged structures, mold, asbestos, or electrical problems). Our specialist may decline to assess any area that appears unsafe.
7.4 What happens during the visit. Depending on your needs, the specialist may inspect parts of your home and exterior, such as windows, doors, roof, attic, HVAC equipment, siding, exterior surfaces, and patio areas, take measurements, and take photos. Measurements and photos are used only to prepare your assessment, quote, and any contract. They will not be used for marketing without your separate written permission. You may decline any part of the inspection.
7.5 Cancelling or rescheduling. You may cancel or reschedule through the booking calendar or by calling (800) 417-0916. Please give at least 1 hour's notice.
7.6 Quotes and purchases are separate. The specialist may share recommendations, pricing, financing options, and a quote. Any purchase of products, installation, or services is governed solely by a separate written contract between you and the CAT Company performing the work, including its pricing, warranty, and any cancellation rights required by law (such as your right to cancel certain home solicitation contracts within 3 business days). These Terms do not create any contract for products or services.
7.7 Specialist recommendations. A specialist's in-person findings may differ from your online Results. In-person findings are based on observation and are also not a certified energy rating unless a written report specifically says so.
8. Your Information and Other People's Information
You represent that the information you provide is accurate and that you have the right to provide it. If you provide information about another person, such as a spouse, family member, or co-decision-maker, you confirm you have their permission to share it and for them to be contacted about your home or appointment. Our use of personal information is described in our Privacy Policy.
9. Acceptable Use
You agree not to:
- Submit false, misleading, or someone else's information without permission, or submit the questionnaire for a property you do not own or are not authorized to represent;
- Use the Tool for any unlawful, fraudulent, or harmful purpose;
- Use bots, scrapers, crawlers, or automated means to access, submit to, or collect data from the Tool, or attempt to bypass Cloudflare Turnstile or other security measures;
- Attempt to access another user's account, report, or data, or probe, scan, or test the Tool for vulnerabilities without our written permission;
- Interfere with or disrupt the Tool, its servers, or networks, or introduce malware;
- Copy, reverse engineer, decompile, or attempt to derive our scoring formula, methodology, source code, or underlying data;
- Use the Tool or Results to build a competing product or service, or resell or commercially redistribute Results;
- Submit spam, abusive content, or content that infringes others' rights in any free-text field.
We may investigate violations and take any action we consider appropriate, including suspending accounts and reporting to law enforcement.
10. Intellectual Property
10.1 Our property. The Tool and all its content, including the Energy Audit name and logo, scoring formula, methodology, software, designs, graphics, house illustrations, charts, text, and Results formats, are owned by or licensed to CAT Exteriors and are protected by intellectual property laws. Except as stated below, no rights are granted to you.
10.2 Your limited license. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Tool and to view, download, print, and share your own report for your personal, non-commercial use as a homeowner.
10.3 Your submissions. You keep any rights you have in information you submit. You grant us a non-exclusive, royalty-free license to use, store, and process it to provide the Tool and as described in our Privacy Policy. We may also use de-identified or aggregated information that cannot reasonably identify you to improve our formula, Tool, and services.
10.4 Feedback. If you send us suggestions or feedback, we may use them without obligation to you.
11. Third-Party Services and Links
The Tool may display or link to third-party content and services, such as maps and street imagery provided by Google, climate and energy data from government sources, and program or rebate information. We do not control and are not responsible for third-party content, services, or websites, and your use of them may be subject to their terms. Map, imagery, and location displays are approximate and may be outdated.
12. Availability and Changes to the Tool
The Tool is provided free of charge. We may change, suspend, or discontinue any part of it at any time without notice, and may limit features or access. We do not guarantee the Tool will be uninterrupted, timely, or error-free, or that reports will be stored indefinitely.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOOL AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT RESULTS ARE ACCURATE, COMPLETE, OR RELIABLE, OR THAT ANY SAVINGS, SCORE IMPROVEMENT, PROGRAM ELIGIBILITY, OR OTHER OUTCOME WILL BE ACHIEVED. ANY WARRANTY FOR PRODUCTS OR INSTALLATION IS PROVIDED ONLY IN THE SEPARATE WRITTEN CONTRACT FOR THAT WORK. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) THE CAT COMPANIES AND THEIR OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SAVINGS, ENERGY COSTS, LOSS OF DATA, OR DECISIONS MADE IN RELIANCE ON RESULTS, ARISING OUT OF OR RELATED TO THE TOOL OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE TOOL OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limits apply to the online Tool and Results. They do not limit liability that cannot be limited by law, including liability for gross negligence, willful misconduct, fraud, or personal injury caused by our negligence, and they do not change the terms of any separate written contract for products or services. Some states do not allow these limitations, so they may not fully apply to you.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the CAT Companies and their owners, officers, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Tool, or information you provide about a property or person without authorization.
16. Termination
We may suspend or terminate your access to the Tool or your account at any time if you violate these Terms, misuse the Tool, or if required by law. You may stop using the Tool and delete your account at any time. Sections 4, 10.3, 10.4, and 13 through 21 survive termination.
17. Governing Law
These Terms are governed by the laws of the State of California and applicable federal law, including the Federal Arbitration Act, without regard to conflict of law rules.
18. Dispute Resolution and Binding Arbitration
18.1 Informal resolution first. Before filing a claim, you agree to send a written notice describing the dispute, your name, and contact information to marketing@cat1.us or to our mailing address in Section 2, and to try in good faith to resolve it with us for at least 60 days. We will do the same before filing a claim against you.
18.2 Binding individual arbitration. Except as stated in Section 18.5, any dispute, claim, or controversy between you and the CAT Companies arising out of or relating to the Tool, these Terms, the Privacy Policy, Results, appointments booked through the Tool, our collection or use of your information, or any calls, texts, or emails from the CAT Companies, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitrator decides all issues, including whether a dispute must be arbitrated, except that a court decides questions about Section 18.3 and Section 18.4. The arbitration may take place by video, phone, or written submissions, or in Orange County, California, or in your county of residence if you prefer. Fees are paid as provided by the AAA Consumer Arbitration Rules. The arbitrator may award the same individual relief a court could award, but only to you individually.
18.3 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
18.4 Mass arbitration. If 25 or more similar demands for arbitration are filed against us by or with the help of the same law firm or coordinated group, the demands will be administered in batches of up to 25, and the remaining demands will be held, with any statute of limitations paused, until each batch is resolved, to the extent permitted by the AAA rules. Each side agrees to pay only the fees required for the batch being administered.
18.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may ask a court for an injunction to protect intellectual property or to stop unauthorized access to the Tool. Nothing here prevents you from bringing an issue to the attention of a government agency.
18.6 30-day opt-out. You may opt out of this Section 18 by emailing marketing@cat1.us with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms, including your name, mailing address, phone number, and email address. Opting out does not affect any other part of these Terms.
18.7 Venue. Any court proceeding permitted by these Terms will be brought in the state or federal courts located in Orange County, California, and you and we consent to their jurisdiction.
18.8 Severability of this section. If Section 18.3 is found unenforceable for any claim, that claim will proceed in court, not arbitration, and will be stayed until the arbitrable claims are resolved. If any other part of Section 18 is found unenforceable, the rest remains in effect.
18.9 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.
19. Changes to These Terms
We may update these Terms from time to time. For material changes, we will email account holders at the email address on file and update the "Last Updated" date. For minor changes, such as correcting typos or clarifying wording, we will update the "Last Updated" date. Changes take effect when posted unless we say otherwise. Your continued use of the Tool after changes take effect means you accept them. Changes to Section 18 will not apply to disputes already pending when the change takes effect.
20. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Tool. Any separate written contract for products or services governs that work.
- Severability. If any provision is found unenforceable, the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
- Electronic communications. You agree that notices, agreements, and disclosures we provide electronically satisfy any requirement that they be in writing.
- California users. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
- Headings. Headings are for convenience only.
21. Contact Us
CAT Exteriors Inc. (Energy Audit)
1290 N Hancock St, Ste 102
Anaheim, CA 92807
Legal and privacy: marketing@cat1.us
Scores, reports, and upgrades: info@cat1.us
Toll-free: (800) 417-0916