Terms Of Use – Energy Raven

Customer Terms of Service

Effective Date: January 1, 2024

These Customer Terms of Service (“Customer Terms”) are between you (“User” or “You”) and Energy Raven, Inc. (“Energy Raven”) and govern your use of the content and related features and services available through the Energy Raven website, energyraven.com (“Website”). The Website may be referred to herein to as the “Platform.”

By creating an account on the Platform or otherwise accessing or using the Platform, you agree (i) that you are at least 18 years old and (ii) to read, comply with, and be legally bound by these Customer Terms and any additional terms and conditions, documentation, agreements, or policies published on the Platform that are applicable to your use of the Platform (together the “Agreement”). If you do not wish to be bound by the Agreement, do not create an account or otherwise access or use the Platform. Energy Raven may, in its sole discretion, refuse to offer the Platform to any person or entity.

Although Energy Raven may attempt to notify you when major changes are made to these Customer Terms, from time to time you should review the most up-to-date version here at [energyraven.com/termsofuse].  Energy Raven may, in their sole discretion, modify or revise these Customer Terms at any time. By continuing to access and use the Platform, you agree to be bound by such modifications or revisions.

THESE CUSTOMER TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THUS, CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

  1. Access to and Use of the Platform.

Authorization. Subject to your compliance with the Customer Terms and payment of any applicable Fees, Energy Raven hereby grants you a non-exclusive, non-transferable, revocable right to access and use the Platform for your own personal, non-commercial purposes.

Accounts. To access and use the Platform, you may need to create an account with Energy Raven.  Each User account is personal in nature and may only be used by the User assigned to the account. You may not allow any third party to access or use your account. You are responsible for maintaining the confidentiality and security of your account including, without limitation, keeping the account password confidential. Energy Raven is not liable to you or any third party for any unauthorized use of your account, including, without limitation, any damage that results from any unauthorized use of your account.

Personal Information. When you access and use the Platform, we may collect certain information about you as described in the Privacy Policy, available at [energyraven.com/privacy-policy], which may be updated from time to time.

Links to Third Party Websites. The Platform may include links to other websites or services solely as a convenience. Energy Raven is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Your use of linked sites is solely at your own risk.

Third Party Platform. The Platform may include integrations with web or other third party services that are accessed through the Platform and subject to terms and conditions with those third parties. These third party services are not part of the Platform and these Customer Terms do not apply to them. Energy Raven is not responsible for the content of third party services.

Reservation of Rights. Energy Raven reserves all rights not expressly granted to User in these Customer Terms. Except for the limited rights and licenses expressly granted under these Customer Terms, nothing in these Customer Terms grants, by implication, waiver, estoppel, or otherwise, to User or any third party any Intellectual Property Rights or other right, title, or interest in or to the Platform, or any and all intellectual property provided to any User in connection with the foregoing.

  1. Acceptable Use

Use Restrictions. User shall not use the Platform for any purpose beyond the scope of the access granted in these Customer Terms. You may not use the Platform for any commercial purpose without Energy Raven’s prior, express authorization. Prohibited commercial uses include, but are not limited to the following:

  • Selling access to the Platform on another website or service or framing the Platform on another website or service.
  • Any use of the Platform that Energy Raven finds, in their sole discretion, competes with or displaces the market for the Platform or the content or Platform provided here.

Acceptable Use. You must not misuse the Platform. You agree not to: (i) copy, modify, or create derivative works of the Platform, in whole or in part; (ii) collect or store, or attempt to collect or store, personal information about other users of our Platform, except as expressly permitted under these Customer Terms or any other agreements that govern your use of the Platform; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component or source code of the Platform, in whole or in part; (iv) transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature; (v) remove any proprietary notices from the Platform; (vi) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other rights of any person, or that violates any applicable law; (vii) access or use the Platform for any purpose that is to Energy Raven’s detriment or commercial disadvantage; (viii) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm the Platform; or (ix) bypass or breach any security device or protection used by Energy Raven to access or use the Platform.

Prohibited Uses.  You may use the Platform only for lawful purposes and in accordance with these Customer Terms. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards [LINK TO CONTENT STANDARDS] set out in these Customer Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Energy Raven, an employee of Energy Raven, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Energy Raven or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Customer Terms, without the prior written consent of Energy Raven.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.
  1. Content

User Content. In using the Platform, you may upload, import into, or create text, information, communication, or material (collectively, “User Content”). Although Energy Raven reserves the right to edit or remove content that violates these Customer Terms, you acknowledge and accept responsibility and liability for User Content posted by you.

Sharing User Content. Depending on how you use our Platform, you may be able to share your User Content and other information related to your use of the Platform. Additionally, we may share your User Content, in an anonymized and de-identified form that does not identify you as an individual, with other parties.

Third Party Content. Energy Raven pay provide access to third party content as part of the Platform (“Third Party Content”). Energy Raven is not responsible for the contents or accuracy of any Third Party Content. Please confirm the accuracy of all Third Party Content before relying on such information.

Reliance on User or Third Party Content. Energy Raven does not endorse any User Content, and is not responsible or liable for any User Content or Third Party Content that appears on the Platform.

Content Standards.  These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Customer Terms and our Privacy Policy [LINK TO PRIVACY POLICY].
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Ownership

Ownership of the Platform. Energy Raven owns or licenses all rights, title and interest, including all Intellectual Property Rights, in and to the Platform, including without limitation, all software and code that comprise and operate the Platform and all the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided by Energy Raven through the Platform.

User Content Ownership. Between you and Energy Raven, Energy Raven owns all User Content and by posting content to the Platform, you hereby assign to Energy Raven all right, title, and interest, including all Intellectual Property Rights, in and to your User Content.  As owner of the posted User Content, Energy Raven has the full right to use, perform, display, reproduce, distribute, modify, make derivative works of, and otherwise exploit the User Content.

Intellectual Property Rights Defined.  For purposes of these Customer Terms, “Intellectual Property Rights” means, on a worldwide basis, all patents, trademarks, service marks, trade name rights, logos, drawings, inventions, copyrights, mask works, samples, processes, moral rights, rights of publicity, rights of ownership, designs, design rights, trade secrets, specifications, instruction manuals, technology, materials, know how, information, data, goodwill, improvements and writings, and any applications, registrations or common law rights in any of the foregoing, as applicable.

Feedback. If you send or transmit any communications or materials to Energy Raven by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, Energy Raven’s intellectual property, or other services Energy Raven provides, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), you hereby assign to Energy Raven all right, title, and interest in the Feedback and Energy Raven is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although Energy Raven is not required to use any Feedback.

  1. Termination

Right to Terminate. Energy Raven reserves the right, with or without notice and in our sole discretion, to terminate these Customer Terms, your account, and/or your ability to access or use our Platform for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Customer Terms, or in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of our Platform. You agree that we will not be liable to you or any third party for any such termination.

  1. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENERGY RAVEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. ENERGY RAVEN MAKES NO WARRANTY OF ANY KIND THAT THE PLATFORM, OR ANY OF THE RESULTS FROM THE USE OF THE PLATFORM, WILL MEET USER’S OR ANY THIRD PARTY’S, REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ENERGY RAVEN, ITS AFFILIATES, OR OTHER THIRD PARTIES SHALL CREATE A WARRANTY OF ANY KIND OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY GRANTED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend and hold harmless Energy Raven and our officers, directors, and employees from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys’ fees, arising from (i) your use of the Platform, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) your violation of the Acceptable Use Provisions of these Customer Terms; (iii) your infringement of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation (all of  the foregoing, “Claims and Losses”). You agree that we may have our own counsel present at, and participate in, all proceedings or negotiations relating to such Claims and Losses at our expense. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all Claims and Losses, and reserve the right to assume the defense and control of any Claims and Losses.

  1. Limitation of Liability.

General. IN NO EVENT SHALL ENERGY RAVEN OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS,  OR AGENTS (“REPRESENTATIVES”)  BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THESE CUSTOMER TERMS FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY OR FOR ANY ERROR OR INTERRUPTION OF USE; INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; LOSS OF GOODWILL OR REPUTATION; OR COST OF REPLACEMENT GOODS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ENERGY RAVEN OR ITS REPRESENTATIVES BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING OUT OF ANY MISTAKES OR OTHER ERRORS MADE BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

LIMITATION. THE AMOUNT OF ENERGY RAVEN’S LIABILITY TO YOU UNDER ANY AND ALL CLAIMS FOR LOSS OR LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THESE CUSTOMER TERMS SHALL IN NO CASE EXCEED THE FEES ACTUALLY PAID BY YOU TO ENERGY RAVEN IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT GIVING RISE TO THE CLAIM OR, IF NO FEES HAVE BEEN PAID DURING THAT PERIOD, THE AMOUNT $500 USD.

  1. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING OUR PLATFORM, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Agreement to Arbitrate. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR ACCESS TO OR USE OF THE PLATFORM, OR YOUR DEALINGS WITH ENERGY RAVEN IN CONNECTION WITH THE FOREGOING SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.

THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW.

THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.

THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) WILL TAKE PLACE IN OAKLAND, CALIFORNIA.

THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS, AND AWARDS WILL BE GOVERNED BY CALIFORNIA LAW; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEY FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE.

EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF OUR PLATFORM AND YOUR RELATIONSHIP WITH US.

Information About Arbitration. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

Waiver of Class Action Rights. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES. NOTWITHSTANDING ANY PROVISION IN THE AGREEMENTS TO THE CONTRARY, IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THE YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.

Opt-Out of Agreement to Arbitrate. IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THESE CUSTOMER TERMS OR WHEN YOU FIRST USE THE PLATFORM, WHICHEVER IS LATER, YOU MUST SEND US A LETTER STATING: “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO:

Energy Raven, Inc.

Attn: Corporate Legal

370 Highland Ave. Suite 200

Piedmont, CA 94611

Venue for Litigation. IF THE AGREEMENT TO ARBITRATE IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, OR IF YOU OPT OUT OF THE AGREEMENT TO ARBITRATE IN ACCORDANCE, THEN, UNLESS PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA OR THE STATE COURTS OF CALIFORNIA LOCATED OAKLAND, AS APPROPRIATE. YOU ALSO THEREFORE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSES OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION, AND AGREE TO REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THIS AGREEMENT.

  1. Miscellaneous

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California.

Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Customer Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Energy Raven electronically. Energy Raven may communicate by email or by posting to the Energy Raven Platform. For all notices to Energy Raven, write to the following addresses:

Energy Raven, Inc 370 Highland Ave. Suite 200, Piedmont, CA  94611

Survival. The provisions of these Customer Terms which by their nature are intended to survive the termination or cancellation of these Customer Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of the regarding indemnity and limitations of liability, shall survive the termination or cancellation of these Customer Terms.

Severability. If any part of these Customer Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Customer Terms shall continue in effect.

Force Majeure. Except with regard to payments due to Energy Raven, neither Party will be liable for any delays or failures in performance due to circumstances beyond its reasonable control. In the event any such delay continues for a period of sixty (60) or more days, then either Party may terminate these Customer Terms upon ten (10) business days’ prior written notice, provided Customer shall remain responsible for payments due to Energy Raven prior to termination.

Entire Agreement. These Customer Terms (together with the Service Level Agreement, which is also deemed incorporated by this reference) comprise the entire agreement between you and us and supersede all prior agreements between you and us regarding the subject matter contained herein. Where applicable, in the event of any conflict or inconsistency between the provisions of (i) these Customer Terms, and (ii) any other agreements between you and us related to your use of the Platform, the governing order of precedence shall be in the priority listed in this sentence.