Energy Solidarity Cooperative | Terms

Terms and Conditions

Welcome to the Energy Solidarity Cooperative (“ESC”) Website. The following Terms and Conditions govern the use of this Website. Please take a few minutes in order to review them. The Terms and Conditions describe your rights and responsibilities and what can be expected from ESC as you use and navigate this Website. Your use of the Website constitutes your agreement to be bound by these Terms and Conditions.

If you (hereinafter “the User”) do not agree with the Terms and Conditions, do not use this Website. ESC reserves the right to change the Terms and Conditions at any moment and without prior notice. Therefore, the User should check the Terms and Conditions occasionally for any changes. We reserve the right to block access to the Website by any person or entity for any reason.

Copyright/Trademark

This entire Website, copy, images, logos, indicia, text, and all content therein is in copyright. All third party trademarks appearing on the Website are hereby acknowledged. “Energy Solidarity Cooperative,” “ESC,” energy-coop.com, esc.coop and any variation of them, and all other marks, and logos appearing within this Website are trademarks of Energy Solidarity Cooperative, Inc., or any third party providers, and may not be used without express and written consent.

Website use provisions

Permission to use documents from this Website and/or ESC servers and related graphics is restricted. The User may access, use, and copy information and materials available through this Website only for any purposes of consideration and/or purchasing ESC memberships, services or products. That information and the materials used, including pages and any content, may not be copied, distributed, modified, published or transmitted in any other manner, including to sell or promote other products and services or in any creative work. Any violation of the policy may result in the infringement of ESC’s or other third parties’ intellectual property and other contractual rights which is strictly prohibited by the law and can result in substantial civil and criminal penalties.

When retrieving any information from this Website, the User is prohibited from (1) aggregating, copying, or duplicating any of the materials or information available within this Website except for the reasonable amount of materials and information that may be temporarily required for ordinary use of the site; or (2) accessing data and information not intended for the User.

Submissions

Any comments regarding this Website are welcome. However, such comments, feedback, notes, messages, ideas, suggestions or other communication (hereinafter referred to as “Comments”) sent to ESC will become and remain the exclusive property of ESC. Any submission of such Comments constitutes an assignment to ESC of all rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. ESC will thereafter be entitled to use, incorporate, reproduce, disclose, publish, and distribute the material submitted for any purpose whatsoever, without any restrictions or compensation to the individual who submitted the material. For this reason, we ask that the User not send us any comments that the User does not wish to assign to us, including any potential confidential information or any original creative material, including stories, product ideas, computer code or original artwork.

Communication from Energy Solidarity Cooperative

When the User buys any products or services from us, we reserve the right to email the User about product alerts and any special offers that may be of interest to the User. We respect the User’s right not to receive such communications and the User can ask to not receive the information so that we may disable that function of the account. Each of these communications will contain a link to unsubscribe. To unsubscribe, email info@esc.coop and put “unsubscribe” in the subject line. If a third-party affiliate or organization referred the User to Energy Solidarity Cooperative, ESC reserves the right to provide that organization with the User’s name, contact information and customer status.

Correction of errors and inaccuracies; Limitations on quantity

While ESC makes every reasonable effort to present clear and accurate information on this Website, the information here may sometimes contain typographical errors or inaccuracies and may not be complete or current. ESC reserves the right to correct any such errors, inaccuracies, or omissions and to change or update any information at any time without any prior notice to the User (including after the User has submitted an order). Such errors, inaccuracies, or omission may relate to any product description, pricing, and/or availability. ESC also reserves the right to limit quantities (including after the User submits an order). ESC apologizes for any inconvenience this may cause the User. If the User is not fully satisfied with the purchase, please see the return policy for details on how to proceed.

Indemnification

By using the Website, the User agrees to indemnify and hold ESC and its employees, representatives, agents, affiliates, directors, officers, managers and members (the “Parties”) harmless from any damages, losses, or expenses (including, without any limitations, attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action (“Claim”) brought against any of the Parties alleging that the User may have breached any of these Terms and Conditions. ESC will have the right to control the defense, settlement, and resolution of any such Claim at the User’s sole expense. The User may not settle or otherwise resolve any Claim without ESC’s express and written permission.

Warranty and limitation of liability

ESC does not guarantee that access or use of the Website will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that this Website and its servers are free of harmful components. ESC also does not guarantee that uses of this Website, or the materials provided within this Website, are accurate, without error, or reliable.

USE OF THE WEBSITE IS PROVIDED “AS IS, WHERE IS,” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ESC WILL NOT BE LIABLE IN ANY EVENT FOR DAMAGES TO THE USER OR TO ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR IN RELATION TO THE USE OF THIS WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN.

ESC or any of the Parties identified above will not be liable for any indirect, special, incidental or consequential damages arising out of or in relation to the User’s use of this Website, including but not limited to loss of use, loss of data, loss of business or profits.  Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the User.

General Terms

No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

These Terms and Conditions will bind ESC, each Party identified above, and the User, and each such person’s or entity’s successors and permitted assigns, and will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of law principles. These Terms and Conditions will not be assignable or transferable by the User without any prior written and express consent of ESC.  These Terms and Conditions (including all the policies and other Agreements) contain the understanding between the parties regarding its subject matter, and supersede all the prior and contemporaneous agreements and understanding between the parties regarding the subject matter.

Links

ESC may provide links to other World Wide Web sites or resources. The User acknowledges and agrees that ESC is not responsible for the availability of such external websites or resources, and does not endorse them or is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or any other material (“Content”), advertising, products, or other materials on or available form such websites or resources. The User further acknowledges and agrees that ESC shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use or reliance on such Content, goods, or services available on or through any such website or resource.

Content

The Content is intended for informational purposes only. Although ESC exercises reasonable efforts to ensure the quality and accuracy of the Content, there may be errors, and the information contained in the Website may not be complete, current or applicable to the User’s particular situation.