Sustainable Energy Advantage, LLC
New York Renewable Energy Market Outlook
Market Fundamentals Briefing
Terms and Conditions
By purchasing the New York Renewable Energy Market Outlook (NY-REMO) Market Fundamentals Briefing (Fundamentals Briefing), presented by Sustainable Energy Advantage (SEA), you agree to the following Terms and Conditions:
1. COPYRIGHT
The Fundamentals Briefing, any materials provided, and their contents (the Briefing Materials) are subject to copyright under laws of the United States as well as those of other nations. By purchasing the Fundamentals Briefing, the Purchaser acquires only a license to view and use the Briefing Materials. The Purchaser acknowledges and agrees that SEA exclusively owns all rights, title and interest in the Fundamentals Briefing and Briefing Materials and to any information received therewith, and that Purchaser has no claim to ownership by reason of its use of or access to the Fundamentals Briefing or Briefing Materials. Purchase of the Fundamentals Briefing or access to the Briefing Materials does not include rights or access to any of SEA’s databases, data, or any supporting or underlying materials.
2. CONFIDENTIALITY AND LIMITATIONS ON USE
The Fundamentals Briefing and Briefing Materials, may contain confidential, market sensitive, and/or trade secret information. The Fundamentals Briefing and Briefing Materials are provided to Purchaser for Purchaser’s internal use only and may be distributed only to employees of Purchaser Authorized hereunder, and who have been made aware of the limitations on use herein. Purchaser agrees to keep the Fundamentals Briefing and Briefing Materials received confidential and not to reproduce, share, distribute, broadcast, transmit, or publish the Fundamentals Briefing or Briefing Materials, whether by written, oral or electronic means, to any person not authorized hereunder, including consultants or attorneys engaged by Purchaser, or affiliates of Purchaser, except with specific written permission from SEA. Purchaser agrees to be responsible for the actions, uses and disclosures of any of its employees or authorized users. Purchaser shall use efforts to protect the confidentiality of the Fundamentals Briefing and Briefing Materials which are at least as stringent as those used to protect its own confidential information. If Purchaser becomes subject of a subpoena or other effort to compel disclosure of the Fundamentals Briefing or Briefing Materials, Purchaser will provide SEA with as much advance notice as practicable to afford SEA the opportunity to seek an appropriate protective order or other remedy to prevent or narrow the disclosure or to ensure that such information will continue to be treated in as confidential a manner as possible.
3. DISCLAIMER OF WARRANTIES AND LIABILITY
SEA will make a good faith effort to ensure the content of its Fundamentals Briefing and Briefing Materials are complete and accurate. SEA makes no warranties, express or implied, as to the completeness or accuracy of the Fundamentals Briefing or Briefing Materials. SEA further makes no express or implied warranties or representations of any kind of merchantability or fitness for a particular purpose or use. SEA will not be responsible for incidental, consequential, or any other damages arising out of or in connection with Purchaser’s access to or use of the Fundamentals Briefing or the Briefing Materials. Purchaser assumes the sole responsibility for all use of the Fundamentals Briefing or Briefing Materials or any information included therein or derived therefrom and agrees to indemnify and hold SEA harmless from any liability attributable to or claim against Purchaser brought by any person arising from such use. Purchaser agrees that SEA’s liability arising out of any dispute or legal claim in any way connected with the Fundamentals Briefing or Briefing Materials shall not exceed the fee paid by Purchaser for access to the Fundamentals Briefing and the Briefing Materials.
4. MISCELLANEOUS
If any provision of these Terms & Conditions is found to be unenforceable or invalid by a court of competent jurisdiction, it shall be given effect to the extent it may be enforceable or valid, and such unenforceability or invalidity shall not affect the enforceability or validity of any other provision of these Terms & Conditions.
Any waiver of any of the terms hereof shall be enforceable only to the extent it is waived in writing signed by SEA. Any waiver shall be only effective for the particular instance for which it is granted and shall not constitute a waiver of a subsequent occurrence of the waived event nor constitute a waiver of any other provision hereof, at the same time or subsequently.
Any actions hereunder shall be heard in federal or state courts situate in Middlesex, Norfolk or Suffolk Counties, Massachusetts. This Agreement is made and shall be construed according to the laws of the Commonwealth of Massachusetts without giving effect to the provisions thereof relating to conflict of laws.