Terms of Use

Thank you for visiting Clean Energy Regulatory Research, LLC (“CERR®”), whether you are visiting by way of the internet web site located at the url www.cleanenergyregresearch.com, www.casecache.com, or by way of a mobile device application, or any other method now known or in the future developed (collectively, the “Platform”), the terms and conditions set forth below (the “Terms” or “Agreement”) govern your use of the Platform, the services and the content of CERR.  These terms are a legal contract between you, an individual user of at least eighteen (18) years of age, or if you are using or subscribing to or making a purchase from CERR on behalf of any entity, including a company, organization, or trust, no matter the legal form of the entity (collectively “entity”), then you represent and warrant that you are an authorized representative of that entity with the authority to bind such entity to these terms, and agree to be bound by these terms on behalf of such entity (“you” or, collectively, “users”).  You agree that these terms govern your access to, and use of, the CERR platform, including the website located at www.cleanenergyregresearch.com or www.casecache.com together with the services and the content available through and from CERR.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, CLOSE the Platform IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE the Platform OR ANY INFORMATION CONTAINED ON the Platform.  YOUR USE OF the Platform, THE SERVICES, AND THE CONTENT OF CERR SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE BOUND BY EACH OF THE TERMS SET FORTH BELOW.  YOU ACKNOWLEDGE THAT YOU HAVE READ UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Eligibility

the Platform, Services, and Content of CERR is not available to persons under the age of thirteen (13) or to any Users, including but not limited to subscribers, purchasers or members.  By downloading, installing, accessing, or otherwise using the Platform and any of the services or content of CERR, you represent that you are at least thirteen (13) years of age and have not been previously suspended or removed from the Platform.

IF YOU ARE UNDER THE AGE OF eighteen (18) YOUR PARENT OR GUARDIAN MUST ENTER INTO THIS AGREEMENT ON YOUR BEHALF.  IF YOU ARE UNDER THE AGE OF eighteen (18) YOU AFFIRM THAT BY YOUR CONTINUED OR FUTURE USE YOUR PARENT OR LEGAL GUARDIAN HAS FIRST AGREED TO THESE TERMS ON YOUR BEHALF.

2. Modification of Terms 

Because of the rapidly evolving nature of the internet, computers, mobile technologies, and other technologies, our effort to make our user experience better, CERR may update and modify these terms.  CERR will post its updated terms at www.cleanenergyregresearch.com/terms so you are aware of what has changed.  If any change is unacceptable to you, you shall cease using the Platform, the content, and the services.  If you do not cease using the Platform, the content, and the services, you will be deemed to have accepted the change(s).  Except as otherwise stated, all amended terms shall automatically be effective as soon as they are initially posted and/or sent to registered users.  Please check these terms periodically for changes.  Except as posted by CERR to the CERR site, this agreement may not be otherwise amended, and no terms may be waived by CERR, except in a writing personally signed by you and CERR.

3. Notice 

CERR may provide you with notices, including those regarding changes to CERR’s Terms and Conditions, by email, regular mail, or postings on or through the Platform.  Notice will be deemed given twenty-four (24) hours after email is sent, unless CERR is notified that the email address is invalid.  Alternatively, we may give you legal notice by mail to a postal address.  In such case, notice will be deemed given three (3) days after the date of mailing.  Notice posted on or through the Platform is deemed given upon the initial posting.

4. CERR License Grant

CERR provides or makes available services and content on and through the Platform and paid subscription agreement.  The content, including but not limited to document databases, summaries, and newsletters, is intended to provide you, as the subscriber, with information regarding the regulatory aspects of various energy efficiency, demand response, and distributed generation programs.  Certain information, databases, summaries, newsletters, works, products, and services provided on and through the Platform, including, logos, graphics, and images, (collectively, the “Content”) are the copyrighted and/or trademarked work of CERR.

If you have properly accessed the Platform through a subscription, CERR grants you a limited, personal, non-exclusive, non-transferable and freely revocable license limited in duration by the subscription terms to view, download, save, print, and use the Content and to use the services of the Platform solely for your own personal or business use.  The license granted through your subscription is for your personal and/or your own business use only.  Any distribution, resale, re-licensing of any Content obtained from CERR to third parties for any reason is strictly prohibited.

Except for the license set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works or reverse engineer, alter, enhance, or in any way exploit any of the Content in any manner, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., www.copyright.gov/title17/92chap1.html.)

You do not and will not have any right to:

(a) resell, re-license, republish, distribute or transmit any report or Content;

(b) use any Content obtained from or through CERR to develop as component of any information, storage and retrieval system, database, information base, or similar resource (in media or technology now existing or later developed), that is offered for commercial use or distribution of any kind, including through sale, license, lease, rental subscription, or any other commercial distribution mechanism;

(c) create compilation or derivative works of any Content from or through CERR in any manner that may infringe on any copyright, intellectual property (IP) right, proprietary right, or trademark, confidentiality notice, or other proprietary notice, or terms of use, contained in, on, or through any Content or the Platform;

(d) remove, change or obscure any copyright, trademark, confidentiality notice, or other proprietary notice, or terms of use contained in, or through any Content or the Platform;

(e) make any portion of any Content or the Platform available through any timesharing system, service bureau, the internet or any other technology now existing or later developed.  CERR may utilize digital rights management technologies, including those, which limit the number of times that you may transfer, download, or print Content.

This limited license terminates automatically, without notice to you if you breach any of these Terms.  Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Content and all copies thereof, including backup or archival copies.  Except as stated herein, you acknowledge that you have no right, title, or interest in or to any Content or the Platform.  CERR reserves all rights not expressly granted in these Terms.

5. Prevention of Unauthorized Use

CERR reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Services Provider (ISP) regarding such unauthorized use.  CERR reserves the right to monitor your use of the Platform to ensure compliance with this Agreement.  If CERR, or its affiliates, or assignees, in their sole discretion determine that you are not in compliance with these Terms, CERR reserves the right to take such action deemed necessary to resolve this issue.

6. Third Party Content

Certain information and other content may be provided by third party suppliers to CERR (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  Except as set forth in this provision, you acknowledge and agree that you have no right to download, print, cache, reproduce, modify, display, distribute, edit, alter, or enhance any of the Third Party Content in any manner unless you have permission from the owner or licensor of the Third Party Content.

Neither advertisements in documents nor their placement are intended to suggest the author or member who posted said document, or any entity or person mentioned in the document, is in any way associated with, endorses, or approves the advertisement or advertiser.  This advertisement was inserted between document pages automatically.

7. Content Disclaimer

You understand that the Content or other information provided by CERR is for informational purposes only.  You agree that your use of any information, or Content from or through CERR, regardless of the manner in which it is obtained, is entirely at your own risk, and CERR shall not be liable for such use.  It shall be your own responsibility to ensure that any documents, products, services, or information available from or through CERR meets your specific requirements.  The Content provided by CERR may be inappropriate for your particular circumstances.  Furthermore, the laws and regulations governing your business may require different or additional provisions or requirements to achieve your desired goal.  You may want to consult with licensed legal counsel to determine the appropriate legal or business documents necessary for your particular business.  You agree that CERR is not a law firm and is not providing legal advice to you.

YOU AGREE THAT CERR IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, OR PROFANITY IN THE THIRD PARTY CONTENT.  CERR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Privacy Policy

Your use of this Site is governed by CERR’s privacy policy (the “Privacy Policy”), which is available at www.cleanenergyregresearch.com/privacy and is hereby incorporated into these Terms by reference.  Please read this notice carefully for information relating to CERR’s collection, use and disclosure of your information.

9. Password Restricted Areas

You may register for a password as a subscriber to our Services to log in to the CERR Platform and to use certain functions and areas within the CERR Platform.  As part of the subscription process, you may be asked to select a username and password.  CERR may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by CERR in its sole discretion.  You are responsible for maintaining the confidentiality of your password and account, and agree to notify CERR if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.  You are responsible for all activities that occur under your registered account.  You agree to immediately notify CERR of any unauthorized use of your account or any other breach of security in relation to the CERR Platform known to you.  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your username, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately change your password and notify CERR or others due to any unauthorized use of your account.

10. Links to Third Party Sites

The CERR Platform may link to other sites that are not a CERR Platform (“Reference Sites”).  CERR is providing these links to you only as a convenience, and CERR is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.  You agree that CERR assumes no liability and is not responsible at all for anything on or linked from any Reference Site.  Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

11. Unauthorized Activities

Any unauthorized use of the Platform, Content, or Third Party Content may violate certain laws and regulations.  You agree to indemnify, defend, and hold harmless CERR and its officers, directors, employees, affiliates, agents, attorneys, contractors, and business partners from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs) that CERR or any other indemnified party suffers in relation to, arising from or for the purpose of defending against or avoiding any claim or demand from a third party that your use of the Platform, Content, or Third Party Content violates any applicable law or regulation, including the copyrights, trademark rights, or other rights of any third party.

12. Proprietary Rights

Clean Energy Regulatory Research and CaseCache is the intellectual property and brand of CERR.  Other trademarks, names, and logos on the Platform, Content, or third party content are the property of their respective owners.  The trademarks, logos, and service marks displayed on the Platform, Content, or Third Party Content (collectively the “Trademarks”) are the registered and unregistered trademarks of CERR, its licensors and suppliers and others.  The trademarks owned by CERR whether registered or unregistered, may not be used in connection with any product or service that is not CERR’s in any manner that is likely to cause confusion with customers, or in any manner that disparages CERR or dilutes the trademarks of CERR.  Unless otherwise specified in these Terms, all information and screens appearing on this Platform, including documents, databases, summaries, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of CERR.

All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without express written consent of the copyright owner or licensor.  Misuse of any Trademarks is prohibited and CERR may aggressively enforce its IP rights in such Trademarks, including by way of civil and criminal proceedings.

13. Disclaimer, Warranties and Promissory Estoppel

YOUR USE OF the Platform, SERVICES, OR CONTENT IS AT YOUR OWN RISK. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED BY CERR IS PROVIDED TO YOU ON AN “AS IS”,”AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  CERR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF the Platform TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH the Platform, OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO the Platform OR SERVICES, OR CONTENT.  THE SERVICES, OR CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS.

the Platform, SERVICES, CONTENT, AND THIRD PARTY CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY.  CERR, FOR ITSELF AND ITS LICENSORS, MAKE NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH the Platform, SERVICES, CONTENT, OR THIRD PARTY CONTENT, INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OR ANY INFORMATION, OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH the Platform, SERVICES, OR CONTENT.  CERR DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF the Platform, SERVICES, OR CONTENT MATERIALS, OR THIRD PARTY CONTENT CONTAINED THEREIN.  CERR DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, CONTENT, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABILE ON OR THROUGH the Platform, SERVICES, OR CONTENT.

the Platform, SERVICES, CONTENT, AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE.  NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED OR ENTERED INTO BY PROVIDING the Platform, SERVICES, OR CONTENT, GUIDANCE, INSTRUCTIONS, OR OTHER INFORMATION TO YOU.  ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, OR OTHER ISSUE.

ALL CONTENT IS PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO LEGAL EFFECT AND COMPLETENESS.   CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS AND REGULATIONS THAT GOVERN YOUR BUSINESS.  CERR AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING the Platform, SERVICES, OR CONTENT EXPRESSLY DISCLAIM ANY WARRANTY.

CERR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

14. Limitation of Liability and Damages

A) Limitation of Liability

CERR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, OR LINKS TO OR FROM the Platform, SERVICES, OR CONTENT.

IN NO EVENT SHALL CERR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY SUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF CERR KNOWS, OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE.  THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

IN NO EVENT WILL CERR OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, OR REFERENCE SITES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING the Platform, OR OBTAINING ANY SERVICES,  OR CONTENT, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.  THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON the Platform, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.

THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR CERR THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS.  THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS.  SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.

THIS LIMITATION OF DAMAGES ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON the Platform, SERVICES, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITES.

B) Limitations by Applicable Law

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT IN THAT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JUISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY TO ALL.

C) Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT CERR HAS OFFERED the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, OR REFERENCE SITES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CERR.  CERR WOULD NOT BE ABLE TO PROVIDE the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, OR REFERENCE SITES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

15. Your Remedies

Your only remedy with respect to any breach by CERR of any term in these Terms, the CERR Privacy Policy, violation of any right or law, or dissatisfaction with (i) the Platform, Services,  Content, Third Party Content, or Reference Sites, (ii) any terms of these Terms, (iii) any policy or practice of CERR in operating the Platform, or (iv) any content or information transmitted by  CERR, is to discontinue using any and all parts of the Platform, Services, Content, Third Party Content, or Reference Sites.

YOU AND CERR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR the Platform, SERVICES, CONTENT, THIRD PARTY CONTENT, OR REFERENCE SITES, EXCEPT FOR CERR’S RIGHTS TO SEEK INDEMNIFICATION, DEFENSE AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Indemnification

You agree to indemnify, defend, save, and hold harmless CERR, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Platform, Services, Content, Third Party Content, or Reference Sites, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein.  CERR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend, or hold harmless CERR, and you agree to cooperate with CERR’s defense of these claims.  CERR will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17. Local Laws; Export Control 

CERR controls and operates this Platform from its headquarters in the State of California in the United States of America and the Services, Content, Third Party Content, or Reference Sites may not be appropriate or available for use in other locations.  Although CERR does not direct its activities to users outside of the United States of America, if you use the Platform outside the United States of America, you are responsible for following applicable local laws.

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations).  The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency.  Your rights under this Terms of Use are contingent on your compliance with this and all other provisions.

18. Miscellaneous

A) Governing Law and Jurisdiction

California law and controlling United States federal law, without regard to the choice or conflict of law provisions, will govern these Terms.  Any disputes relating to these Terms or the Platform, Services, Content, Third Party Content, or Reference Sites will be heard in the courts located in San Francisco County, California.  If any term or provision of these Terms is found to be inconsistent with applicable law, then such term or provision shall be interpreted and modified to reflect the intentions of the parties, and no other terms will be modified.

B) Waiver

CERR’s failure to enforce any term or provision of these Terms is not a waiver of such term.  These Terms, including the Subscription Agreement and Privacy Policy (“Related Guidelines”) are the entire agreement between you and CERR and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and CERR about these Terms or the Platform, Services, Content, Third Party Content or Reference Sites.

C) Survival

Upon termination of these Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination of these Terms.

D) Severability

If any provision of these Terms and Related Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

E) Assignment 

These Terms and Related Guidelines and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CERR without restriction.  Any assignment attempted to be made in violation of these Terms shall be void.

F) Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

G) Entire Agreement

This is the entire agreement between you and CERR relating to the subject matter herein and will not be modified except in writing.

H) Arbitration

For any claim (excluding claims by CERR for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.  The ADR provider and the parties must comply with the following rules:  (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If we are unable to agree upon an ADR provider then the default ADR provider shall be the American Arbitration Association.

All claims you bring against CERR must be resolved in accordance with this Disputes Resolution provision.  All claims filed or brought contrary to this Dispute Resolution provision shall be considered improperly filed.  Should you file a claim contrary to this Dispute Resolution provision, CERR may recover attorneys’ fees and costs up to $1,000, provided that CERR has notified you of the improperly filed claim, and you have failed to promptly withdraw the claim.

I) Class Actions 

You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to these Terms, including in any arbitration.

J) Notice for Claims

CERR’s agent for notice of claims of copyright infringement can be reached as follows:

By mail: Clean Energy Regulatory Research

Attn:  Luke Tougas

175 Bluxome Street, #102

San Francisco, CA 94107

By e-mail: DMCA@cleanenergyregresearch.com, inserting subject line “Digital Millennium Copyright Act Complaint”

K) Complaints

In accordance with Cal. Civ. Code Section 1789.3, if you are domiciled in California you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contracting them in writing at 400 R Street, Sacramento, CA  95814, or by telephone (916) 445-1254 or (800) 952-5210.

Last updated: March 1, 2019.