Terms and Conditions
Welcome to Energy Storage Association’s (ESA) website. The following terms and conditions govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not granted permission to use the site and should exit immediately.
ESA reserves the right to change the terms and conditions under which this site is offered. These changes are effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions. Your continued use of this site constitutes your agreement to all such terms and conditions.
This site and all of its content are protected by copyright pursuant to U.S. and international copyright laws. Unless otherwise noted in a specific location on this site, you may not copy or download any of the material contained on this site in whole or in part without the express authorization of ESA. On pages of this site where permission is given to copy or download material, you may only do so provided that: (1) the user includes ESA’s copyright notice on all copies, and (2) the materials are not used in any unlawful, misleading or inappropriate manner. You may not use the ESA website in any manner which could damage, disable, overburden, or impair ESA website or interfere with any other party’s use and enjoyment of the ESA website. You may not publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in anyway exploit any of the material contained on this site in whole or in part, including such material permitted to be copied or downloaded, without the express authorization of ESA.
ESA NEITHER WARRANTS OR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE ESA SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
Except as otherwise indicated, ESA owns all trademarks, service marks, certification marks, and logos featured on this site, including the terms “ESA” and the “Energy Storage Association.” Use of these marks without the express written permission of ESA is expressly prohibited.
Elements of ESA’s website are also protected by trade dress, trademark, unfair competition, and other laws and shall not be copied or imitated in whole or in part. No logo, sound or image from the site may be copied or transmitted unless expressly permitted by ESA.
You agree to indemnify and hold ESA, its officers, members, and employees harmless from any claims, demands, or damages, including attorney fees, asserted by any third party due to or arising out of your use of or conduct on the site.
DO NOT PROVIDE YOUR ACCOUNT ACCESS FOR ESA’S WEBSITE TO ANY PARTY THAT SHOULD NOT BE AUTHORIZED TO VIEW ALL INFORMATION YOU HAVE SUBMITTED TO ESA.
Disclaimer of Warranty and Liability
ESA MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ESA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ESA TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100.
Links to Third Party Sites
These sites may contain links to third party web sites (“linked sites”). The linked sites are not under the control of ESA. ESA is not responsible for the content of any linked site and makes no representations regarding the content or appropriateness of content on such sites. ESA is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other material on or available from such sites. ESA does not promote, endorse or have any affiliation with any other linked site or linked site owner unless expressly stated in ESA’s site. When you access a linked site from this site, you leave this site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on the linked site.
Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party and ESA shall not be responsible or liable for any part of such dealings or promotions.
Third-Party Web Sites Seeking to Link with ESA’s Site
You may link to ESA’s site, provided that you comply with the following restrictions:
- You do not reproduce ESA’s website content without permission.
- You do not create a browser or border environment around the ESA content.
- You do not imply that ESA is endorsing your site or your products.
- You do not misrepresent your relationship with ESA, its members, Leadership Circle, or Directors.
- You do not present false information about ESA, its activities, or its members.
- You do not display the ESA’s name, logo, trademark, or other identifier on your site without ESA’s permission.
- You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
- You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
- You do not link from a web site that infringes upon any intellectual property or other right of any entity or person.
If, in the opinion of ESA, you violate any of these restrictions, you agree to immediately remove ESA’s link from your site.
You agree that ESA will not be liable for any loss resulting from a cause over which ESA does not have direct control, including but not limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes, wars, or government/judicial restrictions.
Nothing contained in this site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between ESA and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.
Governing Law (State of Maryland)
The terms and conditions for this site is governed by laws of the United States and more specifically the laws of the State of Maryland. Jurisdiction for any claims arising under these terms and conditions shall lie exclusively with the state or federal courts within the State of Maryland. By accessing, viewing, or using the material on this site, you consent to the jurisdiction of the federal and local courts presiding in the State of Maryland and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. ESA makes no representation that materials on the site are appropriate for use in other countries and access to them from countries where the content is illegal is prohibited. You are responsible for complying with applicable local laws that regulate the content of this site.
Access to Secure Areas
You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without ESA’s approval.
Claims of Copyright Infringement
Anyone who believes that ESA has used their work on the site in a manner that constitutes copyright infringement should send a notice to the ESA’s legal representative at the address listed below. The notice should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a work in question;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit ESA to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Copyright infringement claims and notices should be sent to ESA by mail to: 1800 M ST., NW, #400S, Washington, D.C. 20036.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
As a condition of your use of this site, you agree not to use the site for any purpose that is unlawful or prohibited by this agreement.
Use of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.
You agree that no joint venture, partnership, employment, employment, or agency relationship exists between you and ESA, as a result of this agreement.
If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified 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 the agreement will remain in full force and effect.
A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms and conditions constitute the entire agreement between you and ESA with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, ESA has relied on your agreement to be legally bound by these terms and conditions.