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Terms of Use

The California Energy Storage Alliance (“CESA”) provides its content on www.storagealliance.org (the “Site”) subject to the following terms of use (the “Terms of Use”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS SITE, OR ANY OF THE ASSOCIATED PAGES OR MATERIALS.

This Site and its Use
By using or visiting the Site you signify your agreement to these terms and conditions and Privacy Policy, found at https://www.storagealliance.org/privacy-policy/ and incorporated herein by reference.

CESA reserves the right to change, modify, add or delete portions of these Terms of Use at any time, without prior notice. Please re-review these Terms of Use periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

Links to Third Party Sites
The Site may include links to third-party websites that are not owned or controlled by CESA. CESA has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. CESA cannot edit or censor the content of any third-party site. By using the Site you expressly relieve CESA from any and all liability arising from your use of any third-party website. Once you access another site through a link provided by this Site, you are subject to the copyright and licensing restrictions of the new site.

General Use of Site
CESA hereby grants you the right to view and use the Site and the Site as set forth in these Terms of Use, provided that:

  1. You shall use the Site for lawful purposes only.
  2. You agree not to alter or modify any part of the Content on the Site or of the Site.
  3. You have full right and power to enter into and perform this agreement.
  4. You agree not to circumvent, disable or otherwise interfere with the security features of the Site.
  5. You may not modify, reproduce, display, publicly perform or otherwise use Content in any way not expressly authorized under the Terms of Use or without express permission.
  6. You may not use the Content on any other website or in any other networked computer environment for any purpose without express permission.
  7. You may not use, or allow others to use, your Member Portal Login ID and/or the Site, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Site, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Site; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your Member Portal Login IDs.

Intellectual Property Rights
All material on the Site, including text, photographs, images, illustrations, graphics, sound recordings, video and other material (collectively "Content") are protected under applicable intellectual property and other laws of the United States, and must not be used except as provided in these Terms of Use or with the express written consent of CESA or any third party CESA deems necessary. CESA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE CESA SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Any product, service, program, or technology described on the CESA site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by CESA. Any such right that is not expressly licensed herein is reserved by CESA.

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of CESA and others. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CESA or such third party that may own the Trademark.  Misuse of any Trademarks, or any other content, displayed on the Site is prohibited. 

Disclaimer Warranty
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CESA, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CESA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. CESA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CESA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability
Under no circumstances shall CESA, its officers, directors, employees, members or agents be liable to you for any direct, indirect, incidental, special, consequential or punitive damages resulting from any (i) errors, mistakes or inaccuracies in the Content, (ii) any personal injury or property damage resulting from your access and use of the Sites, (iii) any unauthorized access or use of our secure servers and/or any information stored therein, (iv) any interruption or cessation of transmission to or from our Site,  (v) any bugs, viruses or trojan horses which may be transmitted to or through our Site, and/or (vi) any data or material from a third person accessed on or through the site whether based on warranty, contract, tort or any other legal theory. This limitation of liability shall apply to the fullest extent possible by law in the applicable jurisdiction.

Indemnity
You agree to defend, indemnify and hold harmless CESA, its officers, directors, employees, members and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from: (i) your use of and access to the Site; (ii) any violation by you of any term of these Terms of Use; (iii) any violation by you of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use.

General
These Terms of Use, including any rights granted hereunder, may not be assigned by you without CESA’s prior written approval, but may be assigned by CESA without restriction. These Terms of Use shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CESA that arises in whole or in part from the Site shall be determined exclusively by a court of competent jurisdiction located in Alameda County, California. These Terms of Use shall constitute the entire agreement between you and CESA. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CESA’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any cause of action that arises out of or is in any way related to the Sites must be commenced within one (1) year from when the cause of action accrues or such cause of action is permanently barred.