Terms and Conditions
*Substantive changes from the prior version will generally be highlighted.
This Agreement supersedes any previous agreement to which you and renewables.org may have been bound (provided that if you are a Borrower, Field Partner or Lender who has a separate written agreement with renewables.org, the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement). This Agreement may be modified by renewables.org in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by renewables.org on the Website. Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered renewables.org account, if any, as outlined in Section 8 below, and please immediately stop participating in the Program and accessing and using the Website.
This Agreement is divided into the following sections:
- Participation in the Program
- Acceptable Use
- Proprietary Rights
- Disclaimers; Limitation of Liability
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Term; Termination
- Entire Agreement; Severability; Assignment
1. Participation in the Program
renewables.org manages the Website, which matches you and other persons (each, a “Lender” and, collectively, “Lenders”) with borrowers and social enterprises in various countries in need of affordable capital to fund their renewable energy plants (each, a “Borrower” and, collectively, “Borrowers”). Please carefully review the Website section entitled “The risks of lending” which highlights the various risks associated with lending online through renewables.org and explains in greater detail the role played by renewables.org and its Field Partners and Lenders (each defined below in this Section 1).
You may participate in the Program as a Lender by creating an online account on the Website registered to your email address. All transactions between Lenders and Borrowers or Field Partners (“Loans”) must be conducted through a renewables.org account. Technically speaking, there is no direct contractual relationship between you and the Field Partners or Borrowers designated to receive your funds, and renewables.org may, in certain circumstances, be considered the “lender” on your behalf when you make Loans on the Website. The funds you have available in your renewables.org account which are freely available to be lent – whether deposited from your personal funds, or repayments on previously made Loans – are referred to as your “renewables.org Credit.” If you make a Loan through the Website, whether manually or via renewables.org’s Auto-Lending feature (as defined below), you are instructing renewables.org to apply your renewables.org Credit to fund a Borrower and/or Field Partner through the Website. All amounts deposited in your renewables.org account must be lent through the Website. If renewables.org receives repayments on your Loans from the applicable Borrowers/Field Partners, such repayment amounts will not be returned to your renewables.org account unless and until you instruct renewables.org to apply such amounts toward another Loan. Alternatively, you can request that renewables.org pay you an amount equivalent to such repayments by requesting a withdrawal. You must have both a renewables.org account and a PayPal account to receive and withdraw repayments.
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) renewables.org makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) loans and other similar transactions made via the Website (each, a “Loan”) are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Loans made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. Loans made via the Website are not cancellable or refundable by the User.
renewables.org will hold amounts due and payable to Lenders, Field Partners and Borrowers (including renewables.org Credit) separate from renewables.org’s general funds, in a deposit account established to hold funds for the benefit of Users with funds in the renewables.org system (“User Funds Account”). renewables.org will not use such amounts for renewables.org’s general operating expenses; however, renewables.org reserves the right to retain (a) interest on funds while such funds are held in a User Funds Account and (b) any foreign exchange gains collected in connection with Loan repayments, and to use such interest and gains in support of renewables.org’s general operating expenses.
1.1 Lending Through renewables.org’s Website. The Website displays Loan requests from Borrowers seeking funding from renewables.org Lenders. You can log into your renewables.org account and manually fund specific Loan requests on the Website. Alternatively, you can let renewables.org automatically apply your loan amount to specific projects.
1.2 Guest Checkout
1.3 Loan Disbursement.
a.Partner Loan Disbursement. Partner Loans are not made directly to Borrowers, but are instead administered by Field Partners. Loan requests are posted in cooperation with such Field Partners and are, before being listed on renewables.org, converted to U.S. dollar amounts as necessary and then rounded up to the nearest U.S. dollar increment of 25, to help streamline the Loan transaction process. Funds loaned by you, the Lender, will be delivered to Field Partners for ultimate disbursement to, or backfilling of Loans to, the Borrower(s). In certain cases, Borrowers may receive goods and services funded by Loan amounts, such as agricultural packages, from Field Partners, instead of the monetary amount of the Loan. A Field Partner may voluntarily choose to pre-fund your Borrower in the short-term from its own funds in anticipation of receiving your Loan amounts as backfill. This helps reduce the time the Borrower needs to wait until the Loan is funded on the Website and the funds are delivered to the Field Partner. renewables.org serves as a middle-man in the process and aggregates funds from multiple Lenders via the Website and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a User Funds Account, which interest is contributed toward funding renewables.org’s operations) to the Field Partner(s) for disbursement to the Borrowers funded through the Website. Please note that many Field Partners require mandatory savings as part of their transaction process to serve as collateral, which may help ensure that Borrowers are able to accumulate cash and represent a good risk. In certain cases, mandatory savings (and fees) are netted by Field Partners against the Loans forwarded by renewables.org.
The process of disbursement to a Borrower in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of Loan funds being forwarded directly to the corresponding Field Partner, renewables.org may, for example, have to transact with other intermediaries (such as the Field Partner’s U.S.-based affiliates or other third parties licensed in the particular country to transact in foreign currencies) to structure a different indirect funding process that enables a Borrower to ultimately be supported by a Partner Loan from you. In some cases, renewables.org may approve a Field Partner’s pledge of collateral to another lender that may include loans supported by renewables.org Users.
Field Partners are solely responsible for screening and selecting each Borrower (including, without limitation, posting requests for Partner Loans on the Website) and making all Partner Loan disbursements, and renewables.org expressly disclaims any responsibility to screen or select any Borrower or any Field Partner or monitor the disbursement of Loan proceeds from the Field Partner(s) to the Borrower(s). renewables.org and its Field Partners shall have no liability whatsoever with respect to such screening or selection of Borrowers or Field Partners and the disbursement of Loan proceeds from the Field Partner(s) to the Borrower(s), and you shall hold renewables.org and its Field Partners harmless from any and all liabilities with respect to, or resulting from such screenings, selections and disbursements.
b.Direct Loan Disbursement. Direct Loans are made directly to Borrowers, without facilitation by Field Partners. Direct Loan requests are submitted by Borrowers and approved by renewables.org before they are posted to the Website. Funds loaned by you, the Lender, will be transferred directly to the account of the Borrower you have chosen to support. renewables.org serves as a middle-man in the process and aggregates funds from multiple Lenders via the Website and delivers 100% of these funds (excluding the interest earned, if any, on such funds while they are held in a User Funds Account, which interest is contributed toward funding renewables.org’s operations) to the Borrower. renewables.org expressly disclaims any responsibility to screen Trustees or Borrowers or monitor Borrowers’ use of renewables.org funds. renewables.org and the Trustees shall have no liability whatsoever with respect to such screening or selection of Borrowers, and you shall hold renewables.org and the Trustees harmless from any and all liabilities with respect to, or resulting from such screening and selection of Borrowers.
1.4 Loan Collection and Repayment. Partner Loans are repaid by Borrowers to the Field Partners. Generally, as a Borrower repays a Loan (including the interest and term as defined for the project), the respective Field Partner will post a record to the Website of such repayments actually received by the Field Partner, and it is the responsibility and obligation of the applicable Field Partner to pay over such collected Loan repayments to renewables.org. In some cases (for example, for Loans in India), the records of repayments are not posted on the Website as the Borrowers repay the Loans, as a result of certain system and country regulatory constraints. Direct Loans are repaid directly by Borrowers to renewables.org, without facilitation by a Field Partner. Repayments may be made in periodic installments, depending on the terms of the applicable Loan. In some cases (for example, for Loans in India), repayments may only be provided at the end of a fixed term (for example, after 43 months), as a result of certain system and country regulatory constraints. Except as may be provided in Section 1.2 (Guest Checkout), Section 1.5 (“Principal Loss Scenarios”), renewables.org commits to pay to Lenders on a pro rata basis (in accordance with the amounts loaned by each such Lender to a given Borrower) amounts equivalent to the repayments actually received by renewables.org from such Borrower (whether directly from the Borrower or from a Field Partner). Repaid amounts will show as renewables.org Credit in your account, but technically speaking these funds (which reflect amounts renewables.org owes to you) are held by renewables.org until you instruct us to (a) use the amounts repaid to make new Loans through your renewables.org account, or (b) pay you an equivalent amount by requesting a withdrawal. Distributions to Lenders may, in renewables.org’s sole discretion, be made periodically or in one lump sum once 100% of all Loan proceeds for a particular Loan have been received by renewables.org. Furthermore, please note that timing of distributions to Lenders may vary and may be materially impacted because of circumstances that, in renewables.org’s judgment, require renewables.org to conduct further reviews with respect to the collected repayments (for example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, a given Field Partner is unable to collect Partner Loan repayments directly from the Borrower(s) or if renewables.org, for any reason, is unable to collect Loan repayments directly from a Field Partner or a Borrower, repayment of your Loan amounts could be at risk of partial or total delay or non-repayment and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither Field Partners nor Borrowers will have direct contractual obligation or liability to pay you any principal and that renewables.org is only obligated to repay such Loan principal to the extent actually received by renewables.org from a Field Partner or a Borrower (subject to the conditions noted above).
1.5 Principal Loss Scenarios. renewables.org will generally deem a Loan to be in default if renewables.org determines that collection of funds for such Loan is doubtful or the cumulative amount repaid as of a quarterly reconciliation is less than the amount expected as of six (6) months prior, although case by case differences may exist based on pending prospects for repayment of the Loan and depending on country context and related system and regulatory constraints. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan(s) and/or, in renewables.org’s sole discretion, any extension of the length of the term of your Loan(s) in order to increase the chances that your Loan(s) will be repaid in whole or in part. In cases where a Loan is in default, and subject to the distribution timing provisions noted in Section 1.4 (Loan Collection and Repayment) above, each applicable Lender will have the option to recover a portion of whatever principal has been repaid up to that point.
For Partner Loans made in local currencies other than the U.S. dollar, renewables.org gives Field Partners the option to have Lenders bear the risk of principal losses resulting from currency exchange rate fluctuations. Field Partners may require Lenders to bear any losses due to the appreciation of the U.S. dollar relative to the local currency in which the Loan was made. The Loan profile for each Partner Loan on the Website specifies whether the applicable Field Partner will cover some or all losses from currency fluctuations, or whether Lenders will be required to bear the risk of currency exchange rate losses. If there are currency exchange rate gains during the course of a Loan, such gains will first be used to offset any exchange rate losses on that same Loan, and any gains above the original Loan amount will be used by renewables.org to further its purposes (for example, funding future Loans or covering renewables.org’s operating expenses).
If for any reason less than 100% of your Loan is repaid, regardless of whether you made such Loan manually or pursuant to Auto-Lending, you agree that neither renewables.org nor its Borrowers, Field Partners or Trustees (as well as any “related Field Partner or Trustee entity” – for example, one that as part of a restructuring or otherwise, assumes control over such a Field Partner or Trustee, its assets and/or its obligations) shall have any liability therefor, and you hereby release and forever hold harmless renewables.org, its Borrowers, Field Partners, Trustees and any related Field Partner or Trustee entity for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.
1.6 Insufficient Lender Funds. In the event that you make a Loan and your payment does not clear (e.g.,your payment provider reverses a payment originally intended for renewables.org), you agree that renewables.org may, in its sole discretion, (i) offset the amount of the insufficiently funded Loan against your renewables.org Credit if your account contains it, or (ii) if you do not deposit renewables.org Credit sufficient to cover the shortfall, close your account.
1.7 Subscriptions. renewables.org offers Lenders the ability to sign up for subscriptions, including but not limited to (a) periodic automated deposits of funds to your renewables.org account (“Auto Deposits”) which you can log into your account to lend, and/or (b) periodic automated deposits of funds to your renewables.org account that are automatically lent via renewables.org’s Auto-Lending feature once your account contains sufficient funds to make a Loan (“Monthly Good”). If you sign up for Auto Deposit or Monthly Good, you authorize renewables.org to initiate a deposit of funds from your designated payment method to your renewables.org account in the amount and frequency specified in your account settings, and to charge you for an optional donation to renewables.org’s operations in the amount you designate, until such time as you cancel your subscription through your account settings. If you sign up for Monthly Good, you authorize renewables.org to Auto-Lend funds from your account as described in Section 1.1 above.
1.8 Tax Deductibility. You understand that renewables.org is a public benefit corporation. You acknowledge that making a Loan on the Website does not constitute a charitable donation, and therefore you are not eligible to receive a tax deduction for any funds lent to a Borrower through the Website. You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Website and the Program. renewables.org has not and will not provide any tax or legal advice to you in connection with any Loan you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors. We can’t give you specific tax advice.
1.9 Loan Records. Records of each Loan you fund (including this Agreement and any repayment history) are kept by renewables.org and, if you have a registered account with renewables.org and upon your written request, will be made available to you at any time throughout the term of the Loan. Your renewables.org Credit balance can also be accessed via your renewables.org account.
1.10 Promotional Products. renewables.org may offer certain promotions and promotional products to Users, including but not limited to features that allow a User to make a Loan on the Website without spending his or her own personal funds or renewables.org Credit. This Agreement, and any other specific terms posted by renewables.org with respect to such promotions and promotional products, shall apply to all Users’ participation in the promotions and use of promotional products.
2. Acceptable Use
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of renewables.org or any User, Field Partner, or other person. You may not use the Website in any manner that, in renewables.org’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results). Although renewables.org assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or creating or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Borrower profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about a Borrower’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, “spam,” or sell to any User, Field Partner, Trustee, Borrower or other person without their prior explicit consent (provided that Borrowers may promote their businesses to Users in a respectful way), or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in renewables.org’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person’s privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices. renewables.org reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, renewables.org reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in renewables.org’s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that renewables.org deems appropriate, in renewables.org’s sole and absolute discretion.
2.2 Safety and Security.
To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. renewables.org strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Loan request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver’s license number) or (iii) mother’s maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to renewables.org, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account, including but not limited to lending activity and withdrawals, whether due to your authorizing someone else to use your renewables.org account, your sharing of your login credentials with any third party, or your actions otherwise resulting in your login credentials being used by a third party. You agree not to impersonate any person or entity. You will promptly report to renewables.org any violation of this Agreement by others of which you become aware, including any access to your renewables.org account without your permission. Reporting such access is the best way of preventing further fraudulent access to your renewables.org account. For errors regarding your account activity other than unauthorized access to your account, you may also contact renewables.org to investigate your complaint or questions.
2.3 renewables.org Resources; Independent renewables.org Events. renewables.org does not review, approve, endorse, advise, or provide organizational oversight of renewables.org-themed clubs and/or events established or held by persons who are not renewables.org employees or formal volunteers. While renewables.org makes resources available, such as event ideas or renewables.org in a box (collectively, the “Resources”), individuals and groups that use the Resources do not have any official affiliation with renewables.org. Although renewables.org does not provide direct oversight or guidance to renewables.org-themed clubs, groups, and/or events, you agree to uphold renewables.org’s values at all meetings and events, and in any promotion of your club, group or event. This means that you will promote an environment where all group members and/or event attendees are treated with respect, and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.
You agree and understand that all Resources are provided on an “AS IS” and “WITH ALL FAULTS” basis, without warranties or representations of any kind, either express or implied. Your use of the Resources is at your sole risk, and renewables.org expressly disclaims all liability arising from or relating to the Resources. While renewables.org strives to provide useful and accurate information, renewables.org does not warrant that the information offered in the Resources is free of errors or opinion biases. You further understand and acknowledge that you may be exposed to content that may be deemed offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against renewables.org with respect to the Resources.
3. Proprietary Rights
3.1 Rights in Content on the Website.“renewables.org,” the “renewables.org” logo and other renewables.org graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of renewables.org (collectively, “renewables.org Marks”). renewables.org Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of renewables.org. renewables.org or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by renewables.org thereon (collectively, “Content”). The Website and Program contain the copyrighted material, trademarks and other proprietary information of renewables.org and its licensors. You may display and make limited copies of the Content (other than the renewables.org Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of renewables.org. In addition, to the extent you receive information from renewables.org, its Field Partners, Trustees, or Borrowers with respect to any Borrower, and that information is later removed from the Website (including, without limitation, due to the Loan delinquency or default of a particular Borrower or the sensitive nature of particular Borrower profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Field Partner, Trustee, or renewables.org) has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to renewables.org in connection with or arising from your participation in the Program, including without limitation any feedback provided to renewables.org (collectively, “User Generated Content”), you agree to grant, and hereby grant to renewables.org an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless renewables.org from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
3.2 Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:
- Reasonably sufficient details to enable renewables.org to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable renewables.org to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that renewables.org can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to:
Info [at] renewables.org
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which renewables.org is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to renewables.org’s DMCA Agent based on the contact information provided above in this Section.
3.3 Third Party Content and Sites.The Website contains (or you may be sent through the Website) links to other websites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by renewables.org, and renewables.org is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by renewables.org. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that renewables.org’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
4. Disclaimers; Limitation of Liability
renewables.org is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Trustee, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that neither Field Partners, Trustees, nor Borrowers are liable for content created and posted on the Website, and neither Field Partners nor Trustees guarantee repayment by any Borrower. renewables.org is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, renewables.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
renewables.org is not responsible for your interactions with any Field Partners, Trustees, any other User or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. renewables.org reserves the right, but has no obligation, to monitor disputes between you and such persons.
Under no circumstances will renewables.org be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. renewables.org does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO RENEWABLES.ORG) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
renewables.org will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by renewables.org or “force majeure” or any other cause beyond the control of renewables.org.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. renewables.org cannot and does not verify the accuracy of information from Field Partners, Trustees, other Users, or Borrowers. renewables.org shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Loan to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that renewables.org is not acting as your fiduciary, and renewables.org assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your funding of Loans). In addition, in no event will renewables.org be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if renewables.org has been advised of the possibility of such damages, costs, losses or expenses.
5. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Delaware, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and renewables.org, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Delaware if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which renewables.org is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and renewables.org. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Delaware statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or renewables.org may seek any injunctive relief in a state or federal court in Delaware, as may be necessary to preserve rights pending the completion of arbitration and renewables.org may seek any injunctive relief in a state or federal court in Delaware, or another court of competent jurisdiction, at any time against any violations of Section 2 (Acceptable Use) or Section 3 (Proprietary Rights) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND RENEWABLES.ORG HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold renewables.org harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
7. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, renewables.org may make features available to Users as part of the Program. renewables.org reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any renewables.org services, may be determined by renewables.org in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to renewables.org along with instructions for the disposition of your then-available renewables.org Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Loans), such notice to be effective within three (3) days of receipt by renewables.org. renewables.org may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to renewables.org. Upon such a renewables.org-initiated termination, your available renewables.org Credit shall be returned to you within thirty (30) days of account termination and any renewables.org Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and registered account is terminated by renewables.org, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, renewables.org has the right to delete your profile and remove your User Generated Content.
We also can stop providing features of our website and lending program at any time.
8. Entire Agreement; Severability; Assignment
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and renewables.org regarding the use of the Website or the Program. Notwithstanding the foregoing, the following applies to Borrowers, Trustees, and Field Partners: in the event of any irreconcilable conflict between your separate written Borrower, Trustee, or Field Partner agreement with renewables.org (as applicable) and this Terms and conditions Agreement, the provisions of your Borrower, Trustee, or Field Partner agreement (as applicable) shall govern with respect to such conflict. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. renewables.org has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us at email@example.com with any questions regarding this Agreement, or to request a written copy of this Agreement.