Effective Date: January 1, 2021
By accessing and using the Site in any way, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT ACCESS OR USE THE SITE IN ANY MANNER. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
Changes in Terms
All content on the Site, including but not limited to text, data, information, design, graphics, pictures, video, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the proprietary property of Clean Power Research, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.
Except as set forth in “Other agreements; software, services or access,” below, Clean Power Research authorizes you to access and use the Site solely for your internal business and personal, non-commercial use. You may not copy any Site Content to or post it on any networked computer or publish it in any medium, except as explicitly permitted by valid written permission or license from Clean Power Research covering such materials. This limited license also does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to any Site Content.
Furthermore, in order to protect the trade secrets and proprietary know-how contained in certain Site Content, you will not decompile, disassemble, or reverse engineer any Site Content. This license is revocable at any time as to any Site Content without notice and with or without cause. The Site is protected under U.S. and international copyright laws. Any unauthorized use of the Site may violate copyright, trademark, and other laws.
No Unlawful or Prohibited Use
Your use of the Site must comply with all applicable federal, state, and local laws and regulations. You will not, and will not authorize any third party to (a) access, monitor, or copy any part of the Site using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission, (b) bypass or circumvent measures employed to prevent or limit access to the Site, (c) “frame,” “mirror,” or otherwise incorporate any part of the Site into any other website without our prior written authorization, (d) rent, lease, sublicense, or provide your access to the Site to another person, (e) use the Site in a manner that threatens the integrity, performance, or availability of the Site, (f) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Site, (g) engage in any deceptive, misleading, or unethical practices or (h) make any warranties or performance guarantees concerning any aspect of the Site or any other research or software service from Clean Power Research.
The Clean Power Research logo; Powering Intelligent Energy Decisions tagline; and evAPP, FormSense, FleetView, PowerBill, PowerClerk, Reflow, SolarAnywhere, SystemCheck, Value of Solar, VersaForm and WattPlan® are the registered and unregistered trademarks of Clean Power Research, L.L.C. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.
Services and Data
The Site Content may include online software services (“Services”) that enable you to transmit and store certain materials and information (“Data”) to Clean Power Research, including comments and feedback. You must not transmit or store Data via the Services unless you have all necessary rights to do so.
Except as specified in a separate agreement as described in the section titled, “Other agreements; software, services or access,” for any Data that you transmit, provide or store via the Site or Services, you (a) acknowledge that the Data is not confidential and grant Clean Power Research and our subsidiaries and affiliates a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Data throughout the world in any media, for any purpose, without restriction and without payment to you, (b) represent and warrant that you have the right to grant to Clean Power Research the license to that Data as set forth in these Terms, and (c) represent and warrant that Clean Power Research’s use of the Data will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Clean Power Research or for third parties. You remain solely responsible for any errors or omissions in your Data and any liability arising out of your Data or Clean Power Research’s failure to transmit or store your Data.
In connection with your use of any Service you (i) will not, and will not authorize any third party to, transmit, provide or store any Data that Clean Power Research, in our sole discretion, deems inappropriate, unlawful, harmful (including without limitation viruses, corrupted data, or other harmful or destructive files), threatening, abusive, tortious, defamatory, invasive of another’s privacy, a violation of another’s intellectual property or other proprietary rights, or otherwise objectionable or inappropriate, and (ii) will conduct business in a manner that reflects favorably at all times on the good name, good will, and reputation of Clean Power Research.
Access, Accounts, Password and Security
Clean Power Research does not provide you with the equipment to use the Site. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by ISPs or mobile carriers). When you register to open an account anywhere on the Clean Power Research Site, or when you contact Clean Power Research through the Clean Power Research Site for the purpose of receiving information, products or services, Clean Power Research may collect certain personal information about you. Clean Power Research’s use of such information is governed by the provisions of the Clean Power Research Online Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Clean Power Research Site account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Clean Power Research Site password and you are solely responsible for all activities that occur under your password. You agree to notify Clean Power Research immediately of any unauthorized use of your password or any other breach of security related to the Clean Power Research Site. Clean Power Research reserves the right to require you to change your password if Clean Power Research believes that your password is no longer secure. Access to the Clean Power Research Site granted under other separately executed agreements by Clean Power Research and You shall supersede the terms contained in this Section.
Modifications to the Site
Clean Power Research reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. Clean Power Research will not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Site. If we discontinue the Site or a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your information from the Site or Service.
Unless otherwise agreed by Clean Power Research in writing, Clean Power Research is not obligated to provide any support for the Services or any other part of the Site.
Clean Power Research is not responsible or liable in any manner for any third party content or products or services offered through, linked to or posted on the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Clean Power Research assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Site, except as specified in a separate agreement, as described in the section titled, “Other agreements; software, services or access.” Under no circumstances will Clean Power Research be responsible for any loss or damage, including any loss or damage resulting from anyone’s use of the Site, any third party content or sites linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline, except as specified in a separate agreement, as described in the section titled, “Other agreements; software, services or access.”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- The Site and all Site Content included in the Site are provided “AS IS,” with no warranties whatsoever. Clean Power Research disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.
- Clean Power Research makes no warranty or representation regarding (i) any Site Content, Data, third party content, product or service offered or sold through by any user or third party, (ii) the results that may be obtained from the use of the Site, (iii) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Site, or (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. Clean Power Research does not represent or warrant that the Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
- Use of the Site is at your sole risk. You will be solely responsible for any damage that results from your use of the Site.
- Your usage of the Site may be covered by a separate agreement as described in the section titled, “Other agreements; software, services or access.”
You will indemnify and hold Clean Power Research and our subsidiaries, affiliates, officers, agents and employees harmless from any costs, damages, expenses, and liability (including reasonable attorney’s fees) caused by your use of the Site, your violation of these Terms, or your violation of any rights of a third party through use of the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CLEAN POWER RESEARCH BE LIABLE TO YOU ON ACCOUNT OF (i) ANY DATA, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) YOUR INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THE SITE, THESE TERMS OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLEAN POWER RESEARCH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF CLEAN POWER RESEARCH OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. Furthermore, your usage of this site may be covered by a separate agreement, as described in the section titled, “Other agreements; software, services or access,” with different limitations of liability.
Other agreements; software, services or access
Clean Power Research may provide products and services or access to a Clean Power Research site under the terms of a separate agreement between you and Clean Power Research (each, an “Other Agreement”). Clean Power Research’s obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any data or analyses that is made available to download from the Site (“Data”) is governed by the terms of the end user license agreement (“License Agreement”), if any, which accompanies or is included with the Data. You may not download any Data that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Data, then such Data shall be deemed to be Data hereunder and these Terms shall govern your use of such Data. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY DATA IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH DATA.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Clean Power Research’s written authorization otherwise, a website that links to this Site:
- may link to, but shall not replicate, any Materials (including any Clean Power Research logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that Clean Power Research endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Clean Power Research;
- shall not present false or misleading information about Clean Power Research, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
Waiver and Severability of Terms
The failure of Clean Power Research to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Clean Power Research. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum
This Agreement shall be construed and controlled by the laws of the State of Washington, and the parties consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. The parties waive all defenses of lack of personal jurisdiction and forum non-conveniens. Process may be served on either party in the manner authorized by applicable law or court rule.
The information on this Site contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our research and software services. Such statements are based on management’s current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.
Unless your usage is covered under a separate agreement as described in the section titled, “Other agreements; software, services or access,” these Terms are the entire agreement between you and Clean Power Research regarding your use of the Site.
Contacting Clean Power Research
If you have any questions or concerns about these Terms or the Site, you can find information on how to contact us on our contact page.