ENHANCED COMMUNITY RENEWABLES TERMS OF SERVICE
Enhanced Community Renewables LLC (“Enhanced Community Renewables” or “ECR” or “we” or “us”) provides its services to you through our website located at www.enhancedcommunityrenewables.com (our “Site”) and through other of our websites, mobile and tablet applications, and social media sites (our “Services”) that link to these Terms of Service (“Terms”).
These Terms govern your access to and use of our Services. The Terms are a legal contract between you and Enhanced Community Renewables, so it is important that you review them carefully before using our Services. Your use of our Services indicates that you agree to follow and be bound by the Terms.
1. Changes to the Terms
Enhanced Community Renewables reserves the right to change the Terms or modify any features of the Services at any time in its sole discretion, so we encourage you to review the Terms periodically. The most current version of the Terms (along with its effective date) will be linked from our homepage. Continuing to use the Services after changes are posted means that you accept the changes.
2. Your Privacy
3. Compliance with Applicable Laws
When you access or use our Services, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from Enhanced Community Renewables (including these Terms). As a condition of your access to and use of our Services, you agree that you will not use our Services for any purpose that is unlawful or prohibited by these Terms. Our Services are offered for your personal and non-commercial use only, and Enhanced Community Renewables does not grant you any express or implied rights to access or use our Services for any other purpose.
Without limiting the generality of the foregoing, you agree not to:
◦ Impersonate any person or entity, whether actual or fictitious, or falsely state or otherwise misrepresent your affiliation with any person or entity;
◦ Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
◦ Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to Enhanced Community Renewables or its users’ computers or systems; or
◦ Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of email addresses, wireless address, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from Enhanced Community Renewables, including without limitation any information residing on any server or database connected to our Services.
4. Account and Registration Information
By enrolling with us and utilizing our Services, you allow Enhanced Community Renewables to retrieve, on your behalf as your agent, your personal customer information including: your utility usage information and your bill amounts due (your “Account Information”) that are maintained, updated, and billed online by third-party electric utility providers or distribution companies (“Utility Account(s)”). Enhanced Community Renewables cannot and does not make any effort to review your Account Information for accuracy. You acknowledge and agree that when Enhanced Community Renewables is accessing and retrieving your Account Information from third-party sites, Enhanced Community Renewables is acting as your agent and on your behalf, and not as the agent for or on behalf of the third party. In order To allow Enhanced Community Renewables to retrieve your Account Information, you understand that you must provide Enhanced Community Renewables with your username, password, and/or account number, and/or any other necessary credentials for each Utility Account (“Utility Account Credentials”). You must have an online utility account and share this information with us so that we may perform our Services. You acknowledge that Enhanced Community Renewables may need to periodically change or update your Account Information and Utility Account Credentials in order to use our Services. You agree to allow Enhanced Community Renewables to make such changes to your Utility Account(s) on your behalf and as your agent including, but not limited to, changes to your login information, your email address, and your account security questions. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy of your Utility Account Credentials. You agree to notify Enhanced Community Renewables of any changes to your Account Information or Utility Account Credentials.
By providing Enhanced Community Renewables with your Utility Account Credentials, you certify that you or another member of your household or business owns the Utility Account(s) associated with your home or business.
You agree and understand that you are responsible for maintaining the confidentiality and security of your password which, together with your login ID e-mail address, allows you to access the Services. That login ID e-mail address and password constitute your “Registration Information.” We highly recommend you do not use the same password for other online accounts, such as an online banking account. In order for our Services to function efficiently, you must keep your Utility Account Credentials and Registration Information current and accurate. For example, if you are moving service address, it is up to you to notify us. If you do not do this, the accuracy and effectiveness of our Services will be affected. If you become aware of any unauthorized use of your Utility Account Credentials or Registration Information, you agree to notify Enhanced Community Renewables as soon as reasonably possible at the e-mail address firstname.lastname@example.org.
By giving us your email address and phone number, you consent to receive all required notices electronically, to that email address, or through live calls, texts, and/or robocalls to your phone number. We are a green company and avoid paper use and its associated environmental and economic costs. It is your responsibility to keep current and update that address, as appropriate. Email messages will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Site, accessible through any standard, commercially available Internet browser.
With Enhanced Community Renewables you choose to have us send you a monthly statement that consolidates the bill amounts due pursuant to your Utility Account(s) with your clean energy bill from Enhanced Community Renewables (“Consolidated Billing”). We combine your utility bill with the cost of our bill. You acknowledge that Enhanced Community Renewables may need to modify or update your electric utility bill delivery preferences in order to provide Consolidated Billing, which could include modifying your e-billing, email, or auto payment preferences. This means we can change the email on file with your utility. In plain terms, you need to update your contact information with us if anything changes. You represent, warrant, acknowledge, and agree that you are solely responsible and liable for the bill amounts due pursuant to your Utility Account(s).
Whether you choose to use Credit Card or ACH Debits, Our billing program will impound your utility bills monthly up to and including the earliest day that the bill amount and usage information is available from your online utility account. In the event that your most recent usage is not available monthly, or if your utility bills only every two months, we may impound an amount equal to one half (1/2) of the previous month’s utility bill. The remainder of the actual bill amount from your utility and from us will be debited to your payment option in the next month. This means that if your utility bill comes every two months, your bill from us may come once a month. It is your responsibility to make the provisions so that funds will be available for this. We may make reasonable efforts to reach out to you if your payment information fails, but we will not pay your electric bill unless your funds have been impounded. It is your responsibility to make sure there are funds available to cover these costs. Payments cancelled after we have paid your Utililty bill may be sent to collection agencies and may be recorded on your credit report. Do not enroll in this program if you are having trouble paying your electric bill.
There will be a $ 50.00 Cancellation fee for user accounts terminated within the first 6 months of your use of our Services. This is to guarantee the stability in our Renewable Energy Credit prices for all customers, and to ensure that people do not sign up to use or abuse short term discounts, promotions, rewards, or gifts from Enhanced Community Renewables.
Transaction fees may apply for credit card and ACH Bank Debit payments.
5. Monthly Recurring ACH Debits
When choosing ACH Bank Debits to pay your monthly bill, you authorize Enhanced Community Renewables to debit the bank account indicated in this web form for the noted amount on your monthly Enhanced Community Renewables energy bill. You understand that this authorization will remain in effect until you cancel it in writing, and you agree to notify Enhanced Community Renewables of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment date falls on a weekend or holiday, You understand that the payment may be executed on the next business day. You understand that because this is an electronic transaction, these funds may be withdrawn from your account each period as soon as the above noted transaction date. In the case of an ACH transaction being rejected for Non Sufficient funds (NSF) you understand that Enhanced Community Renewables may at its discretion attempt to process the charge again within 30 days. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You will not dispute Enhanced Community Renewables recurring billing with your bank so long as the transaction corresponds to the terms indicated in this agreement.
Enhanced Community Renewables assumes no responsibility, and shall not be liable, for your failure to take any action or inaction with respect to your Utility Account(s) or your failure to receive any information with respect to any Utility Account(s).
6. Enhanced Community Renewables Wind Energy
Your purchase of Renewable Energy Certificates (RECs) supports renewable electricity production in the region of generation. Our Wind Credits are purchased from North American and U.S. National Generation Sources. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your electricity service you are receiving the benefits of that renewable electricity. Your REC purchase also helps build a market for renewable electricity and the additional benefits of renewable generation. Increased demand for and generation of renewable electricity helps reduce conventional electricity generation in the region where the renewable electricity generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide.
Enhanced Community Renewables Wind Energy is $5.00 for the first 200 kWh’s, and $0.015 /kWh for each additional kWh. If a customer uses under 200 kWh’s of electricity per monthly billing cycle, they will be charged $5.00. It is within our discretion to offer promotional discounts and special arrangements with various customers from time to time. This may result in some customers with a grandfathered agreement or special referral code paying more or paying less than this amount to use our Site and Services.
Enhanced Community Renewables reserves the right to cancel, change, or modify any REC contract or program at its discretion.
7. Enhanced Community Renewables Community Solar
In addition to all of the other terms in this agreement, the ECR Community Solar program has additional restrictions and obligations. By using the ECR Community Solar program or affiliated, sub programs, you understand that you are not buying, purchasing, or investing in a security, a solar panel, or solar panels. You are subscribing to the Solar Energy produced by that panel for a set period of time with one up-front payment. It is impossible to track exactly where each and every electron produced by any electrical generation device has gone after it is fed into the electrical grid(s). You understand we make no warranty about the employment or location of these generating facilities and may not disclose their exact location, even to subscribers. By subscribing to any Community Solar project you are agreeing to complete the Community Solar agreement. This agreement is available on our Site(s) for Enhanced Community Renewables Community Solar subscribers, and the contents of the Community Solar agreement are incorporated herein by reference for all purposes.
8. Intellectual Property of Enhanced Community Renewables and Its Licensors
◦ Copyright. Our Site (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) are protected under the copyright laws of the United States and other countries. All copyrights in our Site are owned by Enhanced Community Renewables or its third-party suppliers and licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of our Site, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content.
◦ Trade and Service Mark Rights. All rights in the company names, trade names, logos, service marks, and slogans of Enhanced Community Renewables services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Enhanced Community Renewables or its third-party suppliers and licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on our Site confers on you any license or right under any trademark of Enhanced Community Renewables, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of Enhanced Community Renewables, please contact Enhanced Community Renewables at email@example.com.
9. Notice of Infringement
Enhanced Community Renewables respects the intellectual property rights of others, and requires that users do the same. If you believe in good faith that your work has been reproduced or is accessible on our Site in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide Enhanced Community Renewables with the following information in writing to firstname.lastname@example.org:
◦ Identification of the copyrighted work or other intellectual property claimed to have been infringed;
◦ Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit Enhanced Community Renewables to locate the material, reference, or link;
◦ Your name, address and daytime telephone number, and an e-mail address if available, so that Enhanced Community Renewables may contact you if necessary;
◦ A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
◦ A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
◦ A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.
Upon receipt of a notice of claimed infringement (or any statement in conformity with 17 U.S.C. § 512(c)(3)), Enhanced Community Renewables will expeditiously remove or disable access to the allegedly infringing content. Enhanced Community Renewables may terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others.
10. Third-Party Content and Links to Third-Party Websites
11. Disclaimer of Warranties
You understand and agree that any notices (including notices about your Utility Account (s)) or monthly statements provided to you through the Services may be delayed or prevented by a variety of factors. We do our best to provide notices and statements in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notice or statement. You also agree that Enhanced Community Renewables shall not be liable for any delays, failure to deliver, or misdirected delivery of any notice or statement; for any errors in the content of a notice or statement; or for any actions taken or not taken by your or any third party in reliance on a notice or statement.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Enhanced Community Renewables expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Enhanced Community Renewables makes no warranty that (i) our services will meet your requirements, (ii) our services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations.
12. Limitation of Liability
You expressly understand and agree that Enhanced Community Renewables will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Enhanced Community Renewables has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use our services, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to your account information; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to our services. In no event will Enhanced Community Renewables’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid Enhanced Community Renewables in the last six (6) months minus the intermediary utility bills, or, if greater, one hundred dollars ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of our services or with these terms, your sole and exclusive remedy is to discontinue use of our services.
You agree to release, indemnify, and hold harmless Enhanced Community Renewables, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonably attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Services, your connection to our Services, your use of products or services obtained by or through Linked Sites, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
14. Arbitration of Claims
Any claim that you might have against Enhanced Community Renewables must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules and must be brought within one year of the claim arising. Any arbitration hearing will be held in Delaware. You understand and agree that you will arbitrate with
Enhanced Community Renewables in your individual capacity, not as a representative or member of a class. Your claim may not be joined with the claim of any other person, and there shall not be authority for any dispute to be arbitrated on a class-action basis. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award.
Enhanced Community Renewables may terminate these Terms for any reason at any time. Enhanced Community Renewables reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
16. No Waiver
The failure of Enhanced Community Renewables to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
◦ Choice of Law and Forum. These Terms are governed by, and must be construed in accordance with, the laws of the State of Delaware. In the event Enhanced Community Renewables brings a claim against you, you agree to submit to the exclusive jurisdiction of the federal or local courts located in Delaware.
◦ Integration and Severability. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Enhanced Community Renewables and govern your use of our Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Last Updated: 1/25/2017