Terms of Service

Last Updated: January 1, 2025

Acceptance of Terms

Welcome to the website of Energy Future Arkansas, LLC ("Energy Future Arkansas," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the website located at energyfuturearkansas.com (the "Website"), including all content, features, tools, calculators, and services available through the Website. By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any part of these Terms, you must discontinue use of the Website immediately. We reserve the right to modify these Terms at any time, and your continued use of the Website following any changes constitutes acceptance of those modified Terms. It is your responsibility to review these Terms periodically for updates. These Terms constitute a legally binding agreement between you and Energy Future Arkansas, LLC.

Description of Services

The Website provides informational content about renewable energy, solar power, battery storage, energy audits, electric vehicle charger installation, and energy efficiency services available in the state of Arkansas. The Website also offers interactive tools and calculators designed to help you estimate potential solar savings, system costs, and energy production based on information you provide. Additionally, the Website includes contact forms and quote request forms that allow you to reach out to our team for more information or to schedule a consultation.

It is important to understand that the Website is an informational and marketing platform. The Website itself does not constitute the provision of solar installation, engineering, electrical, or any other professional services. Any actual solar installation, battery storage installation, energy audit, EV charger installation, or energy efficiency upgrade services provided by Energy Future Arkansas are governed by separate written contracts, proposals, and agreements between you and Energy Future Arkansas. Those separate agreements contain their own terms, conditions, warranties, and liability provisions that supersede anything on this Website with respect to the actual performance of services.

We strive to keep the information on our Website accurate and current, but the renewable energy industry is subject to rapidly changing policies, incentive programs, utility regulations, equipment pricing, and technological advancements. Information published on our Website may not reflect the most current developments at the time you view it.

Use of the Website

Permitted Uses

You may use our Website for lawful purposes in accordance with these Terms. Permitted uses include browsing the Website for informational purposes, using our interactive tools and calculators to estimate solar savings and system costs, submitting contact forms and quote requests, sharing links to our content on social media or other platforms, and printing or downloading content for your personal, non-commercial reference. You agree to use the Website only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws and regulations.

Prohibited Uses

You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. Prohibited uses include but are not limited to attempting to gain unauthorized access to the Website, its servers, or any systems connected to the Website. You may not use any automated means, including bots, spiders, scrapers, or crawlers, to access or collect data from the Website without our prior written consent. You may not use the Website to transmit any viruses, malware, or other harmful code, or to engage in any activity that is fraudulent, misleading, or deceptive.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Website for commercial purposes without our express written permission. You may not use our trademarks, service marks, or branding in any manner that implies endorsement by or affiliation with Energy Future Arkansas without our prior written authorization. Violation of these prohibited uses may result in termination of your access to the Website and may expose you to civil or criminal liability.

Interactive Tools Disclaimer

Our Website offers interactive tools and calculators, including but not limited to solar savings calculators, system cost estimators, energy production projectors, and return-on-investment calculators. These tools are provided for informational and educational purposes only. The results generated by these tools are estimates based on the information you input, general assumptions about solar irradiance in Arkansas, average equipment costs, current incentive programs, and standard system performance metrics.

The estimates provided by our tools are not guarantees of actual costs, savings, energy production, or financial returns. Actual results will vary significantly based on numerous factors including but not limited to your specific property characteristics, roof orientation, shading, structural condition, local utility rates and rate structures, availability of incentives at the time of installation, equipment selection, weather patterns, system maintenance, and changes in energy policies or net metering regulations. You should not make financial decisions based solely on the estimates provided by our tools. We strongly recommend scheduling a professional consultation and site assessment to obtain an accurate, customized proposal for your specific situation.

Intellectual Property

All content on the Website, including but not limited to text, graphics, photographs, illustrations, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Website, is the property of Energy Future Arkansas, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The Energy Future Arkansas name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Energy Future Arkansas, LLC. You may not use these marks without our prior written permission.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or intellectual property displayed on the Website without the prior written permission of Energy Future Arkansas or the respective rights holder. Unauthorized use of any content on the Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

User-Submitted Content

When you submit content through our Website, including but not limited to contact form submissions, quote requests, tool inputs, reviews, testimonials, comments, or any other information, you grant Energy Future Arkansas a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media and for any purpose, including marketing and promotional purposes. This grant applies to testimonials and reviews you voluntarily provide about your experience with our services.

You represent and warrant that you own or otherwise control all rights to any content you submit, that the content is accurate, and that use of the content does not violate these Terms or any applicable law or regulation and will not cause injury to any person or entity. We reserve the right, but have no obligation, to monitor, edit, or remove any user-submitted content at our sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party.

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, TOOLS, FEATURES, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENERGY FUTURE ARKANSAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ENERGY FUTURE ARKANSAS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT, OR THAT THE RESULTS OBTAINED FROM THE USE OF ANY TOOLS OR CALCULATORS ON THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE WEBSITE AND RELIANCE ON ANY INFORMATION OR TOOLS PROVIDED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENERGY FUTURE ARKANSAS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT, TOOLS, OR SERVICES PROVIDED THROUGH THE WEBSITE.

THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGY FUTURE ARKANSAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Energy Future Arkansas, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising out of or in connection with your use of the Website, your violation of these Terms, your violation of any third-party right including any intellectual property or privacy right, or any claim that content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Website.

Third-Party Links and Content

Our Website may contain links to third-party websites, resources, or services that are not owned or controlled by Energy Future Arkansas. These links are provided for your convenience and informational purposes only. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. The inclusion of any link on our Website does not imply endorsement, approval, or affiliation by Energy Future Arkansas.

You acknowledge and agree that Energy Future Arkansas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services. We strongly recommend that you read the terms of service and privacy policies of any third-party websites you visit through links on our Website.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Pulaski County, Arkansas, and you consent to the personal jurisdiction and venue of such courts.

Dispute Resolution

Before initiating any formal legal action, you agree to first contact Energy Future Arkansas at [email protected] to attempt to resolve any dispute informally. We will make reasonable efforts to resolve any dispute through good-faith negotiation within 30 days of receiving your written notice of the dispute. If the dispute cannot be resolved through informal negotiation, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, with the arbitration taking place in Little Rock, Arkansas.

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Energy Future Arkansas. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial. This dispute resolution provision shall survive the termination of these Terms.

Termination

We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability. Termination of your access does not relieve you of any obligations incurred prior to termination.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.

Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also provide additional notice of significant changes, such as posting a banner on our Website or sending an email notification to registered users. Your continued use of the Website after any revisions to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Website.

Contact Information

If you have any questions or concerns about these Terms of Service, please contact us:

Energy Future Arkansas, LLC
1200 West Capitol Avenue, Suite 300
Little Rock, AR 72201
Phone: (501) 414-9378
Email: [email protected]
Website: energyfuturearkansas.com

We welcome your feedback and will make every effort to address your questions or concerns in a timely manner.