Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE “COMPANY SERVICES” (AS DEFINED BELOW).

Description of Company Services and Acceptance of Terms of Use Including Arbitration of Disputes

 

     Clean Energy Digest, LLC ("Company, "we" or "us") has developed these Terms of Use to describe the terms that govern your use of cleanenergydigest.com and any Company owned or branded URL, WAP site and mobile application and other content and services that link to these Terms of Use (collectively the "Company Sites"). The services Company provides on Company Sites include messaging services, video services, RRS feeds, podcasting services, mobile services, text messaging campaigns, and any other feature, content or application offered from time to time by Company (collectively, the "Company Services"). Company is based in the United States and the Company Services are hosted in the United States.

     Company furnishes the Company Sites and the Company Services for your personal enjoyment and entertainment. By visiting the Company Sites (whether or not you are a registered member) or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Company Sites. All material modifications will apply prospectively only. Your continued use of the Company Sites or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately.

     Your access to and use of certain Company Services is conditioned upon your compliance with this Agreement, which incorporated by reference our Privacy Policy and any end user license agreement that might accompany the Company Services. Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.

PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

 

Registration and Security

     You take full responsibility for your participation on the Site. As a condition of using certain features of the Site, you may be required to register on the Site and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Company reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Company Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.

     You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.

Access

     The Site is intended solely for your personal and non-commercial use. Company may change, suspend or discontinue the Site (or any feature thereof) at any time. Company may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

     The Company Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Company or provide your personal information to Company. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Company Services only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf. If you subscribe to Company and wish to create sub profiles (if available) under your subscription, you must ensure all users of such sub profiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).

Termination

 

     Unless terminated by Company in its sole discretion, this Agreement remains in full force and effect while you use the Company Services. You may terminate your account on the Company Sites at any time, for any reason, by emailing , Subject: Terminate My Account. Company may terminate your account and/or access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and shall have no liability to you for such termination. Even after your user account or access to the Company Services is terminated by you or by Company, this Agreement will remain in effect with respect to your past and future use of the Company Sites or the Company Services. Any rights to your account terminate upon your death.
 

Fees

     You acknowledge that Company reserves the right to charge subscription fees for any portion of the Company Services. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Company Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto and you will be responsible for paying such subscription fee for the balance of your subscription. If Company suspends or terminates your account and/or access to the Company Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

Purchasing the Company Sites Services or Products

 

     In connection with a purchase of any service, subscription or product on the Company Sites ("Site Product"), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, "Personal Financial Information"), to an independent third party selected by, but not affiliated with, Company (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(is) of the Processor. If you make a purchase from the Company Sites you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

     Company makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Company provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on the Company Sites. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.

 

     The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

 

Limited Content License

 

     The Company Services are offered for your personal use only and may not be used for commercial purposes. The Company Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of Company, its licensors, or assignors ("Company Content"), as well as Content provided by users or other third parties. Content contained in the Company Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain all rights in the Company Content. Company hereby grants you a limited, revocable, no sublicensable license to access and display or perform the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Company Services.

     Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services, including geo-filtering mechanisms. Except as necessary in order to make reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.

     You may not, without the Company's written permission, "mirror" any Contents contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Restrictions on Use of Company Services

     You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Company Sites or on, through or in connection with the Company Services (collectively, "User Content"). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.

You agree not to use the Company Services to:

        - Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit.

           pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights.

           tortious; false or misleading; defamatory; libelous; hateful; or discriminatory.

        - Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.

        - Harass or harm another person.

        - Exploit or endanger a minor.

        - Impersonate or attempt to impersonate any person or entity.

        - Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt,

          destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the

          unauthorized use of or access to a computer or a computer network.

        - Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Company Sites or the Company

          Services.

        - Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services,

          including Company's servers, networks or accounts.

        - Cover, remove, disable, block or obscure advertisements or other portions of the Company Services.

        - Delete or revise any information provided by or pertaining to any other user of the Company Services;'

        - Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, 

           passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that

           is part of the Company Services.

        - Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the

          Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would

          be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you

          agree to pay Company $50 for each actual or intended recipient of such communication.

        - Solicit, collect or request any personal information for commercial or unlawful purposes.

        - Post, upload or otherwise transmit an image or video of another person without that person's consent.

        - Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes.

          creating, recreating, distributing or advertising an index of any significant portion of the Company Content; or building a business using the

          Company Content) without Company's prior written consent.

        - Using technology or other means to access, index, frame, or link to The Company Sites (including the Content) that is not authorized by The

          Company Sites (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms

           intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Company

          Content);

        - Accessing the Company Sites (including the Content) through any automated means, including "robots," "spiders," or "offline readers"

          (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent

          necessary for, creating publicly available search indices - but not caches or archives - of The Company Sites and excluding those search

          engines or indices that host, promote, or link primarily to infringing or unauthorized content.

        - Use the Company Services to advertise or promote competing services.

        - Use the Company Services in a manner inconsistent with any and all Applicable Law.

        - Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

 

     Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company's sole discretion and without notice to you. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

     You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Company Sites, including User Content and your account registration information, including when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our parents, subsidiaries or affiliates ("Company Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

     Company reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Company assumes no responsibility for any loss of your User Content due to its being removed by Company or for any other reason.

User Content on Message Boards and Forums

     The Company Sites may offer users the ability to post messages on message boards, chat areas, bulletin boards, e-mail functions, forums, and other interactive areas as a part of the Company Services (collectively, "Forums"), which may be open to the public generally, to all members of the Company Sites, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Company's sole discretion and without notice to you.

     You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based on such information.

Your Proprietary Rights in and License to Your User Content

     Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, "Transmit") on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not include any Company Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Company is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Company Services. Company's use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Company as your agent with full authority to execute any document or take any action Company may consider appropriate in order to confirm the rights granted by you to Company in this Agreement.

     You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Company Services or Third-Party Services.

     If you delete your User Content from the Company Sites, Company's license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Company's back-up copies of the Company Sites, which are not publicly available. Furthermore, to the extent that Company made use of your User Content before you deleted it, Company will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Company Sites will not result in, and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Company Sites, and (ii) termination of your account or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

Removal of Material that Infringes Copyrights

     The Company has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Company Services who are repeat infringers. Company also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

 

     If you believe material on Company Services infringes your copyright.

     If you believe that any material residing on or linked to from Company Services infringes your copyright, you must send Company's designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can be reached at:

 

Copyright Agent

Email: info@cleanenergynasters.com

Subject line: DMCA Notice

     If you posted material to Company Service that was removed due to notice by a copyright owner.

     If you posted material to Company Services that Company removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Company Sites or by written or electronic communication to such address(es) you have provided to Company, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.

     Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Your Exposure to Others' User Content

      You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Company assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services, including in violation of any "Restrictions on Use of Company Services," please report it immediately to Company. Company assumes no responsibility for monitoring the Company Services for inappropriate User Content or user conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

Third Party Links and Services

 

     The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a provider of a Third-Party Service, you are interacting with the third party, not with Company. If you choose to use a Third-Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites other than the Company Sites, even if the website links to the Company Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the Company Sites. By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Company Sites. When you access Third Party Services, you do so at your own risk. If you are interested in creating hypertext links to the Company Sites, you must contact Company's legal department at info@cleanenergydigest.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Company Sites or Company, including its respective employees, agents, directors, officers or shareholders.

 

Company Terms of Sale

     Certain products and services may from time to time be made available to you through the Company Services. The products and services that are offered for sale by Company or its corporate affiliates are each referred to as an “Offering”. Terms related to a specific product or service will accompany the Offering. In addition, these Terms of Sale apply to all Offerings. To make a purchase on Company Services, you must be a registered Company user. Company sells its products only to those users who can legally make purchases with a credit card. You must be eighteen years of age to make a purchase on the Company Services, or, if you are under the age of eighteen but over the age of thirteen, you may make purchases on the Company Services with the knowledge and consent of your parent or legal guardian. Company reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. We may accept various credit cards at any different times. However, by submitting an order through the Company Services, you authorize Company, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if we accept it. All payments are to be made in United States Dollars.

Member Disputes

     You are solely responsible for your interactions with other users of the Company Sites and the Company Services, providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.

 

Trademarks

     “Clean Energy Digest”, the Company logo, and other Company marks, graphics, logos, scripts, and sounds are trademarks of Company. None of the Company trademarks may be copied, downloaded, or otherwise exploited.

Privacy

 

     For information about Company’s policies and practices regarding the collection and use of your information, please read Company's privacy policy below. The Privacy Policy is incorporated by reference and made part of this Agreement. Thus, by agreeing to this Agreement, you agree that your use of or presence on the Company Sites, application and other places where any Company Services are available are governed by the Privacy Policy in effect at the time of your use.

 

Disclaimers

     THE COMPANY SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

     YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES.

Limitation on Liability

     TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEAN ENERGY DIGEST, LLC AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “FOX PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE COMPANY SERVICES EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY'S ACTS OR OMISSIONS OR YOUR USE OF THE COMPANY SITES OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE COMPANY SITES OR THE COMPANY SERVICES.

 

     THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE COMPANY SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

​​

     In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant thereto.

     Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Company Services and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates. Views and opinions of users of the Company Services do not necessarily state or reflect those of Company.

 

United States Jurisdiction

 

     Clean Energy Digest, LLC provides the Company Services in the United States of America. Company does not represent that the Company Content or the Company Services are appropriate (or, in some cases, available) for use in other locations. If you use the Company Sites or the Company Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Company Sites or the Company Services.

Not all of the Site Products are available worldwide or nationwide, and Company makes no representation that you will be able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.

U.S. Export Controls

 

     Software available in connection with the Company Services is further subject to United States export controls. No such software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.

Arbitration Agreement

 

     (1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and Company, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any and all claims between you and Company in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by Company, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right to sue in small claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

     (2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.

 

     (3) Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/ . The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator is bound by the terms of this Agreement.

     (4) If either you or Company wants to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Arbitration Notice of Dispute, Clean Energy Digest Box 202 NJ 08876-0202 . The Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.

If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the Company at the address listed above to which you sent your Notice of Dispute.

 

     (5) You and the Company acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.

      (6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and the Company acknowledge and agree to abide by the following:

- If you are seeking to recover less than $10,000 (inclusive of attorneys' fees), Company will pay the filing fee on your behalf or reimburse your payment of it.

- If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator.

- Company and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys' fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules.

- Company and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

 

     (7) Regardless of how the arbitration proceeds, each of you and Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

     (8) Each of you and Company may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company's highest settlement offer, then Company will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.

 

     (9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons' claims with yours and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

 

     (10) You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

 

     (11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Company must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Governing Law

 

     The Agreement will be governed by, and construed in accordance with, the laws of the State of XXXXXXXXX, without regard to its conflict of law provisions.

 

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE COMPANY SITES OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

Indemnity

     You agree to indemnify and hold Company, its Company Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of or in connection with YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OF USE OR ANY APPLICABLE LAW; YOUR USE OF THE COMPANY SERVICES AND/OR THE CONTENT IN VIOLATION OF THIS AGREEMENT; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR AUTHORIZED DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; AND ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

 

Unsolicited Submissions

 

     Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Company via the Company Services that are unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Company (and are not User Content licensed by you to Company under "Your Proprietary Rights in and License to Your User Content") and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

 

     If you see other parties violating this Agreement, we would appreciate it if you would let us know. Precisely how Company responds to a party that is violating this Agreement will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Company's precise response with respect to one party or one situation as any indication of what Company might do with respect to another party or another situation, even if the parties or situations appear to you to be similar.

 

     Similarly, the failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If we fail to act in response to a violation of this Agreement, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Company's decision to delay exercising or enforcing any right or remedy under this Agreement shall not constitute a waiver of such right or remedy. Even if Company acts in a way that appears to you to be inconsistent with this Agreement, Company's action shall not be deemed a waiver or constructive amendment of this Agreement.

 

     The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement fully operates permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company's sending an e-mail message to the e-mail address you have on file with Company or publishing such notices on the informational page(s) of the Company Sites. Additionally, from time to time, we may communicate with you about the Company Services and this Agreement electronically (e.g., emails to your registered email address, notices on the Company Sites, order progress tracking). You consent to receive electronic communications from Company and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

 

     You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

 

     Nothing contained in this Agreement limits Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.

This Agreement, along with the Privacy Policy and any other policies expressly incorporated into this Agreement by reference, constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the us with respect to the subject matter hereof. This Agreement may not be amended, nor any obligation waived, without Company’s written authorization.

 

     Please contact us at: Subject: Question Regarding Terms of Use with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

PRIVACY POLICY

PREAMBLE:

     The Clean Energy Digest is a news link aggregation website (see “Who We Are“). We are concerned about privacy issues and want you to be familiar with how we collect, use, and share information and how you can exercise the privacy rights available to you. This Privacy Policy (“Policy”) covers the information that we may process:

     About individuals who visit, use, or interact with the Clean Energy Digest (see section entitled “Privacy for the Clean Energy Digest” ).

If you are resident in the European Economic Area and want to find out more about your data protection rights, please see “Your Data Protection Rights".

If you have any questions, you may contact us by email.

 

SECTION 1 – WHAT IS CLEAN ENERGY DIGEST

     A reference to “Clean Energy Digest” “we” or “our” means Clean Energy Digest (cleanenergydigest.com).

Clean Energy Digest provides curated editorialized headlines with links to prevailing new stories about Clean Energy News and Events worldwide, as well as other original and/or or proprietary content . We operate a website and will operate mobile applications, each being our "Digital Properties". We provide information to the public and digital advertising space to our “Underwriting Media Buyers” who are advertisers and other ad partners looking to distribute relevant ad content on our Digital Properties. We display relevant online advertising to end users (“End Users”) who interact with our Digital Properties.

 

     Clean Energy Digest may also share or license certain information about End Users collected in connection with our partners, agencies and other interested third parties, to help them better promote transparency and protect against fraud.

Clean Energy Digest also collects information from individuals when they visit, use, or interact with: (i) www.cleanenergydigest.com and other websites operated by us, including Clean Energy Digest’s client interfaces (the “Websites”); (ii) our software applications (the “Apps”); (collectively, our “Clean Energy Digest Properties”).

SECTION 2 – THINGS WE WARRANT WE WON'T DO

     This Section covers the specific things that we promise not to undertake that you might be concerned about.

We do not collect your email address, name, or telephone number(s) in order to use our web site.

We do not collect your email address, name, or telephone number(s) when you use our contact and tip feedback forms, unless you choose to include that information in the free form text field. Only your IP address is collected in order to limit abuse of the web form.

We do not send marketing or sales emails to you.
 

SECTION 3 – PRIVACY FOR THE CLEAN ENERGY DIGEST PROPERTIES

 

     This Section describes how we collect and use information when visitors interact with or use any of the Clean Energy Digest Properties (such as our Website and mobile apps).

 

3.1 WHAT INFORMATION DO WE COLLECT?

     Information that individuals provide voluntarily. Although our Website does not ask for this information, our mobile Apps may ask visitors to provide personal information voluntarily: for example, we may collect personal information when a visitor registers the app, or otherwise contacts us.

     The personal information we collect may include contact information (such as name, address, telephone number, or email address) and contact preferences. It may also include professional information, such as job title, department or job role, and the nature of an individual’s request or communication. We may also collect information that visitors choose to provide to us when completing any ‘free text’ boxes in our forms (for example, for news tips). Please do not post any information that you do not want to reveal to the public at large. We do not collect any personal information from our news tips form, except the End User IP address which is only used to prevent abuse of the form.

 

Information we or our third-party partners collect automatically.

 

     When using the Clean Energy Digest Properties, we or our third-party partners may automatically collect certain information from an individual’s device. In some countries, including countries in the EU, this information may be considered personal data under applicable data protection laws.

 

     Specifically, the information we collect automatically may include IP address, operating system type and version, browser type and version, cookie ID, an individual’s activities on the Clean Energy Digest Properties, and other information about the individual’s system and connection and how the individual interacts with the Clean Energy Digest Properties and other websites. We and our third-party partners may collect this information as a part of log files and through the use of cookies or other tracking technologies, as explained further in our Website Cookie Policy.

 

3.2 HOW WE MIGHT USE YOUR INFORMATION?

      We may use information collected from the Clean Energy Digest Properties for the following purposes:

To send administrative information. For example, to send information regarding our services and changes to our terms, conditions, and policies.

Interest-based advertising and analytics. We may partner with certain third parties to collect information on the Clean Energy Digest Properties to engage in analysis, auditing, research, and reporting, as well as to deliver advertising that we believe may interest you based on your activity on the Clean Energy Digest Properties and other websites over time. These third parties may set and access cookies on your computer or other device and may also use pixel tags, web logs, web beacons, or other similar technologies. For more information about these practices and how to opt out, please see Clean Energy Digest’s Website Cookie Policy.

      To manage accounts and provide customer support or other services. For example, we may use information to create or administer Clean Energy Digest accounts and to provide customer support or other requested services or information.

To select content and improve quality. We may use information to help improve the Clean Energy Digest Properties and to ensure that content on the Clean Energy Digest Properties is presented in the most effective manner for your device.

    For legal purposes. We may use information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with subpoenas, warrants, or other legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

     For our business purposes. We may use information for our business purposes, such as data analysis, audits, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our products, services, marketing, and client relationships.

3.3 COOKIES AND SIMILAR TRACKING TECHNOLOGIES

     We and our third-party partners may use cookies and similar tracking technologies on the Clean Energy Digest Properties to collect and use information about you. For further information about the types of cookies and other tracking technologies we use, why, and how you can control cookies, please see our Website Cookie Policy.

 

3.4 USE OF CLEAN ENERGY DIGEST PROPERTIES BY MINORS

 

     The Clean Energy Digest Properties are not intended for nor directed to individuals that are deemed to be children under applicable data protection or privacy laws, and we request that such individuals do not provide information through any of the Clean Energy Digest Properties.


 

SECTION 4 – GENERAL INFORMATION

4.1 HOW MIGHT WE SHARE YOUR INFORMATION?

 

     Information we collect may be disclosed:

     To our affiliates: We may disclose your information to our affiliates (see “Who We Are“) for the purposes described in this Policy. Clean Energy Digest, LLC, is the party responsible for the management of your personal information jointly used by it and its affiliates.

 

     Media Buyers: If you are an End User, we may share information we collect Media Buyer Clients for purposes relevant to our business relationships with them, such as for billing purposes, dispute resolution, or fraud prevention and to allow them to make decisions regarding buying advertising inventory on our Digital Properties and other websites and applications, and to analyze the effectiveness and performance of their advertising campaigns via our services, including sharing your device’s physical location to enable our Media Buyer Clients to provide you with more personalized content and to study the effectiveness of advertising campaigns.

     Other Clients: If you are an End User, we may share certain information we collect in connection with our Ad Services with brands, agencies and other interested third parties to help them better identify and validate commercial opportunities, promote transparency and protect against fraud.

     Attribution and Analytics Partners: If you are an End User, we may share your information (such as your cookie ID, mobile device ID, or other unique identifier) with our (or our Publisher Client or Media Buyer’s) attribution and analytics partners to validate and measure the success and effectiveness of ads delivered via the Platform.

     With our vendors, consultants, and other service providers: We may share your information with our third-party service providers, vendors, contractors, or agents who perform functions required for the operation of the business. Examples include, to provide data storage and processing services, lead management, campaign management, technical support for our Platform and Clean Energy Digest Properties and fraud prevention.

Website advertising partners: As noted above, we may partner with certain third parties to collect information on the Clean Energy Digest Properties to engage in analysis, auditing, research, and reporting, as well as to deliver advertising that we believe may interest you based on your activity on the Clean Energy Digest Properties and other websites over time. We may share information with them for this purpose.

Business transfers: We may share your information with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or sock (including in connection with any bankruptcy or similar proceedings).

     For legal purposes: We may share your information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with subpoenas, warrants, or other legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

     With consent: We may disclose an individual’s information to any other person with the individual’s consent to such disclosure.


 

4.2 YOUR OPT-OUT CHOICES

     Opting out of receiving electronic communications from us.

     We do not send marketing-related emails to anyone. Therefore it is not necesary to opt out of receiving any marketing-related emails from us, because that will not happen. If you receive marketing related emails claiming to be from Clean Energy Digest, they are fraudulent.

 

     Opting out of interest-based advertising from Cookies

     To opt out of receiving interest-based advertising (including retargeting) through the use of cookies in your current browser and for more information on what it means to opt out, please go to https://granite3.com/legal/opt-out/.  See Clean Energy Digest’s Platform Cookie Policy and Website Cookie Policy for more information on how Clean Energy Digest uses cookies and other similar technologies. For more information about cookies in general, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. For more information about how to clear your browser cache, please see your browser’s instructions for doing so. Please note that deleting or resetting cookies and clearing your browser cache will not opt you out of receiving interest-based advertising (including retargeting) from Clean Energy Digest.

We may be a member of the Network Advertising Initiative (NAI) and adhere to the 2018 NAI Code of Conduct. We will also adhere to the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data, the Application of Self-Regulatory Principles to the Mobile Environment, and the Application of the DAA Principles of Transparency and Control to Data Used Across Devices. If you go to optout.networkadvertising.org, or optout.aboutads.info, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, or applications for interest-based advertising purposes.

     Some of our advertising networks have their own opt-out mechanisms that are linked from their sites or their online-posted privacy policies. You should review the privacy policies of those companies for these opt-out links if you no longer wish to receive targeted advertising from a particular company, or multiple companies.

     Currently, we do not honor “Do Not Track” headers and similar mechanisms.

 

     Opting Out of Interest-Based Advertising in Mobile Applications

 

     Our clients and partners may display interest-based advertising to you in mobile applications, based on your use of mobile applications over time and across non-affiliated apps. To learn more about these practices and how to opt out, please visit http://www.aboutads.info/appchoices, download the DAA’s App. Choices mobile app, and follow the instructions provided in the App. Choices mobile app. You can also adjust the advertising preferences on your mobile device (in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking, and in Android, visit Settings > Google > Ads > Opt out of interest-based ads).

     Opting Out of Cross-Device Targeting

     Our clients and partners may combine and use information from websites or applications on your current browser or device with information from your other browsers or devices for advertising purposes. To opt out of such practices by our clients and partners, please follow the instructions above for opting out on each of your browsers and on each of your mobile devices, including:

 

     Opting Out of Interest-Based Advertising from Cookies

 

     Opting Out of Interest-Based Advertising for Mobile Advertising Identifiers

 

     Please note that you will need to opt out separately on each of your browsers and on each of your mobile devices to ensure that information collected on a browser or device is not used on another browser or device.


 

4.3 YOUR DATA PROTECTION RIGHTS

     You have the following data protection rights: You have the right to request access to or that we change, update, or delete your personal information at any time. Please note that we may impose a small fee for access and disclosure of your personal information where permitted under applicable law, which will be communicated to you.

 

     If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

The right to opt out of receiving marketing communications from us. See “Your Opt-Out Choices” for further information.

If you are a resident of the European Economic Area (EEA), you may also have the following rights:

The right to object to processing of your personal information, restrict processing of your personal information, or request portability of your personal information. To exercise these rights email ; and

The right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are here.

Please note that because most of the information we store can only identify a particular browser or device, and cannot directly identify you personally, you may need to provide us with some additional information to enable us to identify the personal information we hold about you and ensure that we accurately fulfill your request and do not infringe on the privacy rights of other individuals. You can exercise your rights at any time by contacting us at info@cleanenergydigest.com. We will respond to your request in accordance with our obligations under applicable privacy laws. Please review our Data Subject Rights Notice for further information and instructions on how to exercise your rights.


 

4.4 LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA END USERS AND VISITORS ONLY)

 

     If you are a resident of the EEA, our legal basis for collecting and using personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we normally rely on our (or our Clients) legitimate interests to collect personal information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Where we rely on our legitimate interests to process your personal information, they include the interests described in the sections above with the heading “How Do We Use Your Information” and how we use it with the Clean Energy Digest Properties.

 

     In some cases, we may rely on your consent or have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we rely on consent to collect and/or process your personal information, we will obtain such consent in compliance with applicable laws.

     If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contacting Us” heading below.


 

4.5 THIRD PARTIES

 

     This Policy does not address, and except as otherwise described in this Policy, we are not responsible for, the privacy, information, or other practices of any third parties, including our vendors or any other third party operating any site or service to which the Ad Services or Clean Energy Digest Properties link. The inclusion of a link through the Ad Services or Online Property does not imply endorsement of the linked site or service by us or by our affiliates.

     Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with the Ad Services or Clean Energy Digest Properties.

 

     You should always read the privacy policy of any website you access or social network page through which you share information carefully in order to understand their specific privacy and information usage practices.


 

4.6 HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE?

     We use reasonable organizational, technical, administrative, and physical safeguards to protect the personal information we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information and to help ensure that your data is safe and secure. However, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.


 

4.7 RETENTION OF YOUR INFORMATION

 

     We will retain personal information for the period necessary to fulfill the purposes outlined in this Policy and where we have ongoing legitimate business needs to do so (for example, to provide the Ad Services, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations) unless a longer retention period is required or permitted by law.

     If you are an End User, we may retain information that we collect through the Ad Services (including the segment information that we receive from third parties) for up to 45 days from the last date that we received any of the End User’s data. We may retain ad impression information for up to 45 days. We may retain raw ad server logs for our mobile ad server business for up to 45 days. We use precise geolocation for the specific ad impression to which the geolocation relates, after which the geolocation information is aggregated with other geolocation data for use by us for analytical purposes. If we de-identify information we collect through the Ad Services, we may retain that information, in an aggregated format, indefinitely. In such cases, we commit to not re-identifying the information. If we are required to retain information to comply with a legal or audit obligation, we may store End User information for longer periods.


 

4.8 INTERNATIONAL DATA TRANSFERS

     The Clean Energy Digest Properties and Ad Services are provided, supported, and hosted in the United States. If you are using these from outside the United States, be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, in the United States and other worldwide locations where we may have offices or employees or engage service providers. These countries may have data protection laws that are different from the laws of your country of residence.

 

     However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Policy. These include:

Implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request; and Self-certifying to the EU-US and Swiss-US Privacy Shield Frameworks. See our Privacy Shield Notice below for further information.

 

4.9  SENSITIVE INFORMATION AND OUR USE OF NON-SENSITIVE HEALTH SEGMENTS

 

     We ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership) on or through the Clean Energy Digest Properties or otherwise to us.

     We may receive the following non-sensitive health-related advertising segments that we use to target ads that may be of interest to End Users: diet and fitness; doctors; health care professionals; health conscious; health and medicine; health and well-being; interest in health insurance; and pregnancy.


 

4.10 UPDATES TO THIS POLICY

 

      We will review and update this Policy periodically and will note the date of its most recent revision at the top of this Policy. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you about such changes if required by applicable data protection laws. We encourage you to review this Policy frequently to be informed of how Clean Energy Digests protecting your information.


 

4.11 CONTACTING US

 

     If you have any questions about this Policy or Clean Energy Digest’s privacy practices, please contact us by email at info@cleanenergydigest.com.

 

     Please note that email communications are not always secure, so please do not include sensitive information in your emails to us.

To comply with our obligations under EU data protection legislation, we have appointed a Data Protection Officer (DPO). Our DPO is contactable at or by mail using the details provided above.

     Who is the controller of my data? For the purposes of EU data protection legislation, Clean Energy Digest is the controller of your personal information.

Copyright Notice

1. Credit

     1.1 This document was derived from a template from SEQ Legal (http://www.seqlegal.com).

2. Copyright Notice

     2.1 Copyright (c) 2020 Clean Energy Digest, LLC.

     2.2 Subject to the express provisions of this notice:

     (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material

         on our website;  and

     (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Copyright Licence

     3.1 You may:

        (a) view pages from our website in a web browser.

        (b) download pages from our website for caching in a web browser.

        (c) print pages from our website.

        (d) stream audio and video files from our website; and

        (e) use our website services by means of a web browser, subject to the other provisions of this notice.

     3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any

          such material to your computer.

     3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

     3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

     3.5 Unless you own or control the relevant rights in the material, you must not:

        (a) republish material from our website (including republication on another website);

        (b) sell, rent or sub-license material from our website.

        (c) show any material from our website in public.

        (d) exploit material from our website for a commercial purpose; or

        (e) redistribute material from our website, save to the extent expressly permitted by this notice.

4. Acceptable Use

     4.1 You must not:

        (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance availability or accessibility of the website.

        (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

        (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer  virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

        (d) conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and/or data harvesting on or in relation to our website without our express written consent.

5. Report Abuse

     5.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

     5.2 You can let us know by email or by using our abuse reporting form.

6. Enforcement of Copyright

 

     6.1 We take the protection of our copyright very seriously.

     6.2 If we discover that you have used our copyright materials in contravention of the license set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered pay legal and court costs.

7. Permissions

 

       7.1 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website

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