terms & conditions

Acceptance of Terms of Service

EndFossilFuel.com is owned and operated by Lightwind Energy LLC (“Lightwind” or “we”, “our”, or “us”). These Terms of Service (“Agreement”) are a binding legal agreement between you and Lightwind regarding your use of the website at www.EndFossilFuel.com (“Website”) and any service available from the Website (“Service”). Please read this Agreement carefully. By browsing the Website or registering for or using a Service, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you must not use the Website or any Service.

The Website and Services

Subject to the terms and conditions of this Agreement, visitors to the Website are able to browse Lightwind-provided and user-submitted content, join our Eco-mmunity and submit your own content, and submit contributions towards the purchase by Lightwind of End Fossil-fuel Credits (“EFCs”) and Renewable Energy Credits (“RECs”), as further described on the Website.

Eligibility

You must be 18 years of age or older to use any Service. Use of a Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. The Services are not intended for those under the age of 18.

Lightwind’s Commitment

When you contribute money to Lightwind for EFCs, you are buying a commitment by Lightwind to spend your contribution on solar energy infrastructure as described on the Website and in this Agreement. Lightwind, its affiliates or partners will spend these funds for the purchase and installation of solar panels, or if conditions arise that prevent making this investment, we reserve the right to invest in renewable energy technology that has a similar environmental benefit. After purchase and installation, Lightwind, its affiliates or partners will own the solar farms and proceeds from selling of the electricity and all environmental attributes. Lightwind will be annually audited by the independent accounting firm KPMG, or an independent accounting firm of our choice, and we will report a summary of the audit on the Website within 90 days of completion to provide verification that 90% or more of every contribution toward EFCs was used for the purchase and installation of solar panels. Your purchase of EFCs are not a direct offset.

When you contribute money to Lightwind for RECs, you are buying commitment by Lightwind to purchase RECs on the open market. Lightwind will provide reasonable proof on the Website either at the time of purchase, or within 90 days, that Lightwind purchased RECs on your behalf.

Account Registration

You must register for and maintain an account to use a Service. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Services.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@endfossilfuel.com.

Contributions and Payment

When you make a contribution to Lightwind on the Website towards EFCs or RECs, you authorize Lightwind to, or direct its third party payment processor to, charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, in United States dollars, including all applicable taxes. All prices quoted on the Website include all applicable taxes. You must comply with all terms established by the payment processor. All contributions are final and Lightwind will not issue refunds.

Expired or Refused Credit Card and Other Billing Issues

If Lightwind does not receive payment from your credit card provider [or the payment processor] for any reason, you will pay all amounts due upon demand and Lightwind may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.

User Content Submissions

Once you have registered for an account, you may upload certain materials and information to the Service (“User Content”). You must not upload User Content unless you own all necessary rights, or have permission from the rightful owner of the User Content, to grant Lightwind all of the license rights granted in this Agreement. You must not submit any User Content that: (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; or (d) advertises products or services competitive with Lightwind’s or its partners’ products and services, as determined by Lightwind in its sole discretion. For any User Content, you grant to Lightwind a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, translate, adapt, distribute, prepare derivative works of, transmit, display, publish, perform delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgment to you. You retain all rights in your User Content, subject to the rights granted to Lightwind in this Agreement.

Although Lightwind will not pre-screen or review User Content, Lightwind reserves the right to refuse, review, or delete any User Content that, in the sole judgment of Lightwind, violates this Agreement. You remain solely responsible for: (i) any errors or omissions in your User Content; (ii) any liability arising out of your User Content or Lightwind’s failure to display your User Content; and (iii) any liability arising out of your use of any content from the Website. Under no circumstances will Lightwind or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the Website or Services.

Copyright Infringement

Lightwind respects the intellectual property rights of others, and asks you to do the same. It is Lightwind’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please contact Lightwind at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Website; (3) your address, telephone number, and email address; (4) 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; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Lightwind’s designated agent for notice of copyright infringement can be reached at:

Lightwind Energy LLC
Attention: Copyright Compliance Officer
445 Bryant St.
Palo alto, CA 94301

Restrictions

You must comply with all applicable laws when using any Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of a Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Website; (b) compile or collect any content available on the Website as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Website; (d) frame or otherwise incorporate the Website or any portion of the Website as part of another website; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website (including without limitation the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Website, a Service, or any content on the Website; (g) use the Website or a Service in a manner that threatens the integrity, performance, or availability of the Website or any Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or any content on the Website; or (i) include any personal or identifying information about another person in your User Content without that person’s explicit consent.

Your Responsibilities

Content on the Website, including User Content, has been licensed to Lightwind in accordance with various licensing agreements between Lightwind and the persons or entities who license the rights to such content ("Licensed Content"). You understand that Licensed Content is owned by Lightwind’s licensors and is protected by intellectual property laws. Lightwind grants you a limited, non-exclusive, non-transferable, revocable right to access the Licensed Content solely for your own non-commercial use.

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available on the Website are those of the respective authors or producers and not of Lightwind or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates.

Lightwind has not reviewed, and cannot review, all of the User Content posted by you or any third party to the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by accessing the Website, you may be exposed to content that is harmful, offensive, indecent, objectionable, or inaccurate. Under no circumstances will Lightwind or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Website, and to seek qualified professional assistance as applicable.

RSS Feeds

Lightwind may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Lightwind permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'EndFossilFuel.com.com' as the source, (d) your use or display does not suggest that Lightwind promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Lightwind’s systems. Lightwind reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Modifications to the Services

Lightwind reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Website or any Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any Service.

Term and Termination

Your account remains in effect unless you cancel it or unless Lightwind terminates your account as provided by this Agreement. To terminate your account, please send an email to Lightwind at info@endfossilfuel.com. Termination of your account is your sole right and remedy with respect to any dispute with us regarding the Website, any Service, or this Agreement. We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the applicable Website. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.

You will remain liable for all obligations, including all fees incurred, related to your account even after such account is closed. Lightwind is not liable for any loss of User Content, messages, data, or any other information caused by any closure of your account.

Privacy Policy

We may collect registration and other information about you through the Website or a Service. Our collection and use of this information is described in the Privacy Policy available at http://www.endfossilfuel.com/privacy.

Ownership

We, our affiliates, partners, suppliers, and licensors own all right, title, and interest, including all intellectual property and other property rights, in and to the Website, Services, and any physical infrastructure purchased and energy produced by our projects. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.

Feedback

If you provide feedback to us regarding the Website or any Service (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

Disclaimers

When you purchase EFCs, you are buying a commitment by Lightwind to spend your contribution on solar energy infrastructure as described on the Website and in this Agreement rather than a direct offset. Your contribution to Lightwind is not a security, and does not convey to you any ownership interest in Lightwind, any affiliate of Lightwind, or any energy produced by a project of Lightwind or any affiliate. Except as may be expressly allowed by applicable law, your contribution is not tax-deductible. EFCs and RECs have no cash value to you.

YOUR USE OF THE WEBSITE OR ANY SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIGHTWIND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, SAFETY, OR USEFULNESS OF THE WEBSITE OR ANY SERVICE, AND YOU RELY ON THE WEBSITE OR A SERVICE AT YOUR OWN RISK. ANY USER CONTENT TRANSMITTED THROUGH THE USE OF A SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH A SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIGHTWIND OR THROUGH OR FROM THE WEBSITE OR A SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

NEITHER LIGHTWIND NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIGHTWIND HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE WEBSITE OR A SERVICE. UNDER NO CIRCUMSTANCES WILL LIGHTWIND'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $5. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY LIGHTWIND TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You will defend, indemnify and hold Lightwind and its subsidiaries, stockholders, directors, officers, employees, agents, representatives, partners, affiliates, licensors, and suppliers harmless from any costs, damages, expenses, and liability caused by the User Content or your use of the Website or any Service, your violation of this Agreement, or your violation of any rights of a third party through use of any Service.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over such third party products, services, and websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through such third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through third party products, services, and websites.

Updates to this Agreement

We may occasionally update this Agreement. When we do, we will revise the “last updated” date at the top of this Agreement, and you may view the most current version at http://www.endfossilfuel.com/terms. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Website, your account, or a Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Lightwind regarding the Services.

General Legal Notices

The failure of Lightwind to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lightwind in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

By using a Service, you consent to receiving electronic communications from Lightwind. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

This Agreement is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the exclusive jurisdiction of the federal, state and local courts located in Santa Clara County.

Contacting Us

If you have any questions or concerns about this Agreement, the Website, or a Service, please send us a thorough description by email to info@endfossilfuel.com.