NC GreenPower

Terms of Use


NC GREENPOWER / MY NC GREENPOWER TERMS OF USE:

Terms of Use

The Site is operated by North Carolina GreenPower Corporation (“NC GreenPower,” “NCGP” or the “Company”).  Please read these Terms of Use (the “Terms of Use”) carefully before using the services offered by NC GreenPower or My NC GreenPower (together “NCGP” or the “Company”). These Terms of Use set forth the legally binding terms and conditions for your use of the website at www.ncgreenpower.org, my.ncgreenpower.org or any other sites owned and operated by NCGP that redirect to www.ncgreenpower.org, and all subdomains (collectively, the “Site”), and the services provided through the Site (the “Services”). By using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by these Terms of Use.

By using the Site, you agree to be legally bound by the NCGP Privacy Policy, which discusses and governs our collection and use of any information you submit to us through the Site.

 

Mission Statement

NC GreenPower is an independent nonprofit improving the quality of our state’s environment through a program that connects consumers with green energy and carbon offset providers. Our goal is to supplement the state’s existing power supply with more green energy – that is, energy generated from renewable energy sources like the sun, wind, water, and organic matter. NC GreenPower also offers carbon offsets to address growing concerns about the impact of greenhouse gases on our ecosystem.

NC GreenPower accepts financial contributions from both citizens and businesses to help offset the costs associated with producing green energy and mitigating greenhouse gases. Donations are made in “blocks” of $4, and there is no limit to the number of $4 blocks that an individual, organization, or business can contribute.

 

Summary of Service

NC GreenPower offers users the ability to donate to renewable energy, carbon offsets or both using “Donate Now,” “Donate as a Gift,” “Utility Bill Signup,” and “Become a Sponsor” pages.

My NC GreenPower (“MyNCGP”) is a platform where users (“Fundraisers”) can launch campaigns to fund NC GreenPower projects. Fundraisers may contribute to their projects and/or encourage other users (“Donors”) to contribute.  The Site includes videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).  In addition, users of the Site (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.

 

Acceptance of Terms

The Site is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at https://www.ncgreenpower.org/privacy-policy/ and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Site. In addition, some Services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site and/or the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Site or any Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability.

The Site is intended to be used only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer Services to any person or entity and change its eligibility criteria at any time.

 

Rules and Conduct

As a condition of use, you promise not to use the Site or any Service for any purpose that is prohibited by the Terms of Use or law. The Site is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, “Fundraising and Donations”). You are responsible for all of your activity in connection with the Site. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that, as applicable:

–          infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

–          you know is false, misleading, or inaccurate;

–          is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;

–          constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

–          contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;

–          is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

–          impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) interfere or attempt to interfere with the proper working of the Site or any Service; (ii) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (iii) run Listserv, or any form of auto-responder or “spam” on the Site; or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

Fundraisers agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Fundraiser’s Campaign, or is not related to fulfilling delivery of a product or service explicitly specified in the Fundraiser’s Campaign.

 

Registration

You may view Content on the Site without registering, but as a condition of using certain Services, you may be required to register with the Company and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or campaign name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and campaign name, for any reason and without notice. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your passwords for your accounts, as applicable. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

 

Fundraising and Donations

MyNCGP is a community for advocates of a cleaner, greener environment in North Carolina to join together for fundraising. Individuals and groups can create a profile page and launch campaigns, raising money to fund renewable energy and carbon offset projects across our state. MyNCGP is a platform where Fundraisers can launch campaigns to fund NC GreenPower projects by contributing themselves or encouraging other Users to contribute. By creating a fundraising campaign on MyNCGP, you as the Fundraiser are offering the public the opportunity to donate directly to NCGP.

By donating to or creating a fundraising campaign on MyNCGP, you agree to be bound by these Terms of Use, including the following terms:

Donors agree to provide their payment information at the time they pledge to a campaign. The payment will be collected at the time the donation is made.

Donors consent to MyNCGP and its payments partners authorizing a charge on their payment card for the amount the donor indicates.

Donors agree to have sufficient funds or credit available at the time of contribution to ensure that the donation will be collectible.

For some rewards, NCGP/MyNCGP needs further information from Donors, such as a mailing address or t-shirt size, to deliver the applicable reward. NCGP shall request the information directly from the Donor after the donation transaction is completed and is successful. To receive the reward, the Donor agrees to provide the requested information to NCGP within a reasonable amount of time.

While we do not refund contributions, you may discontinue monthly contributions at any time.  If you are billed monthly through your utility, you will need to contact them directly to have the billing removed.

NCGP reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. NCGP is not liable for any damages as a result of any of those actions. NCGP’s policy is not to comment on the reasons for any of those actions.

NCGP is not liable for any damages or loss incurred related to rewards or any other use of the Site. NCGP is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and Services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. NCGP does not oversee the performance or punctuality of campaigns. The Company does not endorse any User Submissions. You hereby release NCGP, its officers, employees, agents, and successors from claims, damages, losses and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to your use of the Site and any Service.

 

Fees and Payments

Joining MyNCGP is free. Funds given by Donors are collected by Stripe. NCGP is not responsible for the performance of Stripe.

 

Third-Party Sites

The Site may enable you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

 

Content and License

You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Site.

Use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

 

Intellectual Property

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Services, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to market the Site; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Site and any Services; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Site and the Services. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

You further agree that your User Submissions will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant NCGP all license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on the Company’s use, publishing or hosting of the User Submissions as contemplated by these Terms of Use.

You represent and warrant that the use or other exploitation of User Submissions by the Company and Users as contemplated by these Terms of Use will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

All Content publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that Content originated.

The Company will not be liable for any errors or omissions in any Content.

The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.

All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

 

Copyright Notifications

You hereby acknowledge and agree that Company may, at its sole discretion, disclose your User Submissions in order to:
(i) comply with law enforcement, court orders, or the legal process; and/or
(ii) protect the rights and safety of individuals; and/or
(iii) settle disputes over intellectual property ownership.

The Company owns, protects and enforces copyrights in its own Content and respects the copyright properties of others. Content may be made available on the Site, or via the Site, by third parties not within the control of the Company. It is the Company’s policy not to permit materials known by it to be infringing to remain on the Site. You should notify the Company promptly if you believe any materials on the Site infringe a third party copyright. Upon the Company’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), the Company will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted in writing to the following Designated Agent for this Web Site:

NC GreenPower
Attn: Katie Shepherd
909 Capability Drive
Suite 2100
Raleigh, NC 27606
Email: info@ncgreenpower.org

Please be advised that the Company may provide an alleged infringer with any notice of claimed infringement, including notices of claimed infringement submitted by you under the DMCA, and any communications related thereto. The Company may also provide any counter notifications received under the DMCA, and communication related thereto, to the provider of the original notice of claimed infringement. All notices and communications provided by you to the Company become the property of the Company and you hereby grant the Company the right to provide such notices and communications to any third party.

If you engage in “repeat infringement” the Company may terminate any account or registration that you have with the Company without notice, and you will not longer be permitted access to the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where you have infringed the copyright rights of another person.

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any donations to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Warranty Disclaimer

The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Site.

The Company does not guarantee that any Content will be made available through the Site. The Company has no obligation to monitor the Site or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. NCGP reserves the right not to comment on the reasons for any of these actions.

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Site will be secure or available at any particular time or location; (b) any defects or errors on the Site will be corrected; (c) any Content or software available at or through the Site is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Site and any Service is solely at your own risk. Some states or countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

 

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Site, the Services and the Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

 

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Site or any Services offered through the Site (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) five dollars ($5.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

International

Accessing the Site is prohibited from territories where the Content is illegal. If you access the Site from other locations, you do so at your own initiative and are responsible for compliance with local laws.

 

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from NCGP all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. NCGP may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

 

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, these Terms of Use shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms of Use shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

 

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Site and the Services provided via the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Site and the Services provided via the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Updated: January 6, 2013