Clean Energy Collective Subscription Service Agreement
Last Updated: February 2011
THANK YOU FOR CHOOSING THE CLEAN ENERGY COLLECTIVE!
1. What the Contract Covers.
This is a contract between you and the Clean Energy Collective ("CEC", "we", "us" or "our") referenced in section 21. This contract applies to any RemoteMeter, MyCleanEnergy or other CEC software or services, including but not limited to updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the "service" or "services". Sections 1 through 21 of this contract apply across the service. The term ("term") of this contract for the service shall be for the lifetime of the customer advance and/or system purchase so long as the panels continue to be located in a CEC licensed facility. The services herein are provided in consideration for a one-time, non-refundable payment as detailed on your Invoice or Closing Statement.
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 11 and 12, and we ask you to read them carefully.
2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other 'cooling off' period applies to the service and you waive any applicable 'cooling off' period, except if the law requires a 'cooling off' period despite your waiver and even when a service starts right away.
3. How You May Use the Service.
In using the service, you will:
· obey the law;
· obey any codes of conduct or other notices we provide;
· keep your service account password secret; and
· promptly notify us if you learn of a security breach related to the service.
4. How You May Not Use the Service.
In using the service, you may not:
· engage in, facilitate or further unlawful conduct;
· use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
· use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
· use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by CEC, or "meta-searching");
· use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
· damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
· resell or redistribute the service, or any part of the service.
5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an 'associated account'). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where CEC provides a mechanism for third parties to access the service on your behalf.
6. Associated Accounts; Accounts From Third Parties.
If you are the user of an associated account, the holder of the service account has full control over your associated account. This includes the right to end the service, close or alter your associated account at any time and, in some cases, request and receive machine and service use information related to your associated account. If a third party, such as a utility, employer or school, gave you your account, the third party has rights to your account. The third party may manage your account, reset your password, or suspend or terminate your account; view your account’s usage and profile data, including how and when your account is used; and read or store the content in your account, including electronic communications and other information.
7. Your Content.
You may be able to submit content for use in connection with the service. You understand that CEC does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service.
The service includes public areas available to the general public, shared areas available to others you have selected and personal areas where you have not granted access to others. If you share content with others on the service, in either public or shared areas, then you understand and agree that others with whom you have shared content may use that content. You grant to those members of the public to whom you have permitted access free, nonexclusive permission to use, copy, distribute and display the content solely in connection with the service and other CEC products and services. If you do not want others to have those rights, please do not share your content with them.
You understand that CEC may need and you hereby authorize CEC to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:
· storing and retrieving the content;
· making the content available to you and to those members of the public to whom you have granted access or to the general public (for content posted on public areas of the service);
· conforming to connecting networks' technical requirements; and
· conforming to the limitations and terms of the service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 7 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.
In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the CEC Online Privacy Statement, http://www.easycleanenergy.com/privacy. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of CEC or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of CEC employees, customers or the public.
The service is a private computer network that CEC operates for the benefit of itself and its customers. CEC retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not be used to personally identify you. You may read about this information collection in more detail in the privacy statement at http://www.easycleanenergy.com/privacy.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software.. We reserve all other rights to the software.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
10. How We May Change the Contract.
If we change this contract, we will tell you prior to your continued use. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your continued use of the service will constitute acceptance to the changed contract.
11. WE MAKE NO WARRANTY.
We provide the service 'as-is,' 'with all faults' and 'as available.' We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the 'CEC parties') give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
12. LIABILITY LIMITATION.
You can recover from the CEC parties only direct damages up to an amount equal to any amounts, if any, you have paid for the service during the prior 30 days. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
· the service,
· content (including code) on third-party Internet sites, third-party programs or third-party conduct,
· viruses or other disabling features that affect your access to or use of the service,
· incompatibility between the service and other services, software and hardware,
· delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.
It also applies even if:
· this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
· CEC knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
The CEC shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to the use to incorporate into the services any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the operation of the services.
14. Changes to the Service; If We Cancel the Service; Pre-Release.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause within the first six years of service, then we will refund to you on a pro-rata basis the amount of any payments that you have made corresponding to the portion of the six years of service. A particular service may be a pre-release version and may not work correctly or in the way a final version might work. There may be interruptions or extended downtimes. We may significantly change the final version or decide not to release a final version at all.
15. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person without the prior written consent of the CEC. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
17. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
18. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
19. Your Notices to Us.
You may notify us as stated in the customer support or 'Contact' area for the service or our web site at www.easycleanenergy.com. We do not accept e-mail notices.
20. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
· by e-mail at the e-mail address you specified when you signed up for your service;
· by access to a CEC web site that will be designated in an e-mail notice sent to you at the time the information is available; or
· by access to a CEC web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using the service.
21. Contracting Party, Choice of Law and Location for Resolving Disputes.
Colorado state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Eagle County, Colorado, U.S.A., for all disputes arising out of or relating to this contract.
Copyright and Trademark Notices
All contents of the service are Copyright © 2010-2011 Clean Energy Collective, LLC and/or its suppliers, 401 Tree Farm Drive, Carbondale, Colorado 81623 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright and other intellectual property rights in the software or content. Clean Energy Collective, RemoteMeter, MyCleanEnergy and/or other CEC products and services referenced herein may also be either trademarks or registered trademarks of CEC in the United States and/or other countries. Any rights not expressly granted herein are reserved.
Production and Consumption Information
Production and Consumption information (including, without limitation, facility values) appearing on the service are delayed. Consumption information is routinely provided by your electric utility. Information indicated as "real-time" may be affected by delays in transmission over the Internet and by other causes. Production information is owned by the CEC. You are permitted to store, manipulate, analyze, reformat, print and display the information only for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce any CEC or utility information in any format to anyone, and you shall not use any CEC or utility information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Neither CEC, the utility nor its affiliates or their respective licensors make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the CEC or utility information. Neither CEC nor its affiliates or their respective licensors will be liable to any user or anyone else for any interruption, inaccuracy, delays, error or omission, regardless of cause, in the CEC information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.