Terms of Use

Last Modified: November 28, 2023

These Terms of Use (these “Terms”) are agreed between you and The American Council on Renewable Energy (“ACORE”, “we” or “us”). These Terms govern your access to and use of our websites and services (collectively, the “Services”).

All personal information that we may collect on the Services, including information you provide to register with the Services and information collected by us through your use of any features on the Services, is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.

Please review these Terms carefully before using the Services. You accept and agree to be bound by and comply with these Terms, and acknowledge that you have read and understand our Privacy Policy, by using the Services. If you do not agree to these Terms, or if you do not agree with our Privacy Policy, you must not access or use the Services.

The Services are offered and available only to users who are at least thirteen (13) years of age and reside in the United States, and by accepting these Terms, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

As between you and us, these Terms are effective from the first moment you access the Services and will remain effective thereafter in perpetuity, unless terminated earlier as provided herein.

1. Changes to These Terms

We may revise and/or update these Terms, in our sole discretion, from time to time. All changes are effective immediately when we post them and apply to all of your access to and use of the Services thereafter. If you continue to use the Services after we post the revised and/or updated Terms, it means that you accept and agree to the revisions and/or updates. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date these Terms were last revised and/or updated is identified at the top of this page. 

1. Use Rights; Prohibited Conduct

You may access and use the Services only for lawful purposes, for your personal, non-commercial uses, and in accordance with these Terms. Any use of the Services in a way not expressly permitted by these Terms is a breach of these Terms. In addition to any other prohibitions stated in these Terms, you may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with or otherwise inhibit the operation of the Services, or use the Services in a manner that violates any applicable law. For example, and without limitation, you may not:

• impersonate any person or entity (including ACORE) or otherwise misrepresent your affiliation;
• infringe, misappropriate, or violate the intellectual property, proprietary, or other rights (including the rights of publicity or privacy) of others;
• engage in unauthorized spidering, “scraping,” copying, or other harvesting of content or data (including personal information) made available on or through the Services, or use any other unauthorized automated device, process, or means to access the Services, including to compile information;
• use any manual process to monitor or copy the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that could otherwise disable, overburden, damage, or impair the Services or interfere with or otherwise inhibit any other person’s or entity’s access to or use of the Services;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• decipher, decompile, disassemble, reverse-engineer, or otherwise reduce to a human-readable form any of the software comprising or in any way making up a part of the Services (except to the extent that such restrictions are prohibited by applicable law);
• introduce any viruses, trojan horses, worms, logic bombs, or other software code or other material which is malicious or technologically harmful;
• gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, database, or other website connected to the Services; 
• attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
• distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; or
• attempt to do, or assist any person in doing, any of the above.

Unauthorized use of the Services, including violations of system or network security, may result in civil or criminal liability. We may take legal action, including investigating and working with law enforcement authorities to prosecute users, for any illegal or unauthorized use of the Services.

1. Intellectual Property Rights; Ownership

The Services are protected under the copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and other jurisdictions. All intellectual property and other proprietary rights in the Services (including all information, software, text, displays, images, video, and audio included in the Services and the design, selection, and arrangement thereof) are owned by ACORE or our third-party licensors. All rights not expressly granted to you in these Terms are reserved by us. You do not acquire any interest, right, or title in or to the Services, and you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

These Terms permit you to access and use the Services for your personal, non-commercial use only, and you must not access or use the Services for any commercial purpose. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Services, except for content on the Services that we designate on the Services as being sharable. Without limiting any other of our rights to suspend or terminate your access to the Services, if you use or provide any other person with access to any part of the Services in breach of these Terms, we may suspend your right to use the Services without notice. In addition, we reserve our right to seek any other applicable remedies, including our right to bring any claims related to infringement of intellectual property.

1. Third-Party Materials

The Services may utilize or contain links to third-party content, services, integrations, or other materials, including services for processing donations to ACORE. Use of any third-party content, services, integrations, or other materials, whether or not initiated through the Services, including to make any donation to ACORE, is at your own risk and subject to any terms of use, privacy policies, and other terms and conditions applicable to such third-party content, services, integrations, or other materials. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of, any such third-party content, services, integrations, or other materials and we do not make any representations or warranties with respect thereto.

• Changes to the Services

We reserve the right to withdraw or amend the Services, including the right to remove any links to third-party sites, in our sole discretion and without notice to you. We will not be liable if all or any part of the Services becomes unavailable for any reason, at any time, or for any period. From time to time, we may restrict access to some parts of the Services, or entire Services, to all users or particular users, without notice, in our sole discretion.

• Disclaimer of Warranties; Limitation of Liability

YOUR USE OF, AND YOUR RELIANCE ON OR ACTIONS OR INACTION BASED ON, THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED THEREBY WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE, THAT DEFECTS CONTAINED THEREIN WILL BE CORRECTED, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON ACTIONS OR INACTION BASED ON, THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT, IF ANY, THAT YOU PAID FOR THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• Indemnification

You agree, to the maximum extent permissible under applicable law, to indemnify, defend and hold us and our subsidiaries, affiliates, licensors, and service providers, and our and their respective directors, officers, employees, contractors, licensors, suppliers, agents, successors, and assigns, harmless from and against any and all loss, costs, expenses (including attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with (a) your access to, use of, or misuse of the Services; (b) any violation, alleged violation, or other breach by you of these Terms; (c) your failure to comply with applicable law (including any failure to obtain or provide any necessary consent or notice); or (d) your infringement or other violation of any third party’s rights. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section VII. In such event, you shall provide us with such cooperation as we reasonably request.

• Termination

We may terminate these Terms by notice to you at any time. These Terms will terminate automatically without notice to you if you breach or violate any provision of these Terms. You may terminate these Terms, for any reason, at any time by ceasing your access to and use of the Services. Upon termination, all rights granted to you under these Terms immediately terminate. Sections III, IV, and VI through XI will survive any expiration or termination of these Terms.

1. Arbitration Agreement and Class Action Waiver

PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section IX, and not in a class, representative or consolidated action or proceeding. You and ACORE agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND ACORE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section IX shall survive the termination of these Terms.
   1. Exceptions and Opt-out Option. The only exceptions to Section IX are the following:
      1. you or ACORE each may seek to resolve an individual Dispute in small claims court if it qualifies.
      1. you or ACORE each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
      1. you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section IX(i) below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
   1. Initial Dispute Resolution and Notification. You and ACORE agree that, prior to initiating an arbitration or other legal proceeding, you and ACORE will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against ACORE, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of ACORE at: 1150 Connecticut Ave NW #401, Washington, DC 20036  and also via e-mail to info@acore.org. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to ACORE must contain all of the following information: (1) your full name and address; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing ACORE to disclose information about you to your attorney.

After receipt of your Notice, you and ACORE shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor ACORE may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

• Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control.

An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section IX.

If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.

Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and ACORE agree to a different location or to a virtual hearing.

The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in Section X of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in Section IX(e) below are unenforceable, unconscionable, void, or voidable.

• Mass Filing Procedures. YOU AND ACORE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. ACORE’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these Terms. If a court determines that this Section IX(e) is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
  • Batching: You and ACORE agree that your and other individuals’ claims deemed by ACORE a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by ACORE. After your claim is batched and permitted to be filed as a Demand, you and ACORE agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.
  • First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and ACORE shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.
  • Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or ACORE in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
  • Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and ACORE agree to mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and ACORE will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and ACORE.
  • Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or ACORE may opt out of arbitration and elect to have your claim resolved in court consistent with Section X of these Terms. You or ACORE must exercise this election within 45 days of the completion of Global Mediation.
  • Sequential Arbitration of Remaining Batches: If neither you nor ACORE opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by ACORE. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and ACORE shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
  • Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or ACORE opts out of arbitration pursuant to Section IX(e)(v).
  • Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, ACORE will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section X. If ACORE prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award ACORE reimbursement from you of ACORE’s arbitration filing fees and costs.
  • Offer of Settlement. ACORE may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than ACORE’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by ACORE after its offer was made, unless otherwise prohibited by the underlying law governing your claim.

• Class Action Waiver. YOU AND ACORE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and ACORE may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party.  Notwithstanding this provision or any other language in these Terms, you or ACORE may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ACORE WAIVE ANY RIGHT TO A JURY TRIAL.

1. Effect of Changes on Arbitration. Notwithstanding the provisions of Section I “Changes to These Terms”, if ACORE changes any terms of this Section IX after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section IX by sending us written notice, personally signed by you, by certified mail to the address set out in Section IX(c) of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “ Last Updated” date of the Terms you seek to reject or (2) the date of ACORE’s email to you notifying you of such change. Even if you reject a change, you will remain subject to Section IX of the last version of the Terms you had accepted.

• Severability. If any portion of this Section IX is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section IX and all other Terms shall continue to be enforceable and valid.
• Choice of Law and Forum

You agree that these Terms, and your access to and use of the Services, will be governed by and will be construed in accordance with the law of the District of Columbia without regard to principles of choice or conflicts of laws. You agree that any claim or dispute against us arising out of or relating to these Terms or the Services that is not resolved by binding arbitration as set forth above must be instituted exclusively in the federal and state courts located in the District of Columbia unless otherwise agreed upon in writing by all parties. However, subject to the arbitration provisions set forth above, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

• Miscellaneous
• Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
• Severability. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
• No Joint Venture, Partnership, Employment, or Agency Relationship. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and/or use of the Services.
• No Waiver. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.
• Legal Compliance. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.