Welcome to WEfficiency, powered by the Blue Planet Foundation, a Hawaii non-profit corporation. WEfficiency is a philanthropic crowdfunding platform for energy projects benefitting nonprofit organizations.
By accessing or using the WEfficiency Site, you signify that you have read all of the rules, terms, and conditions in this Agreement (including the Program Rules below) and you agree to be bound by this Agreement, whether or not you participate in WEfficiency's program or related programs, services or activities (collectively, the "WEfficiency Program") or otherwise access or use the WEfficiency Site (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the WEfficiency Program or access or use the WEfficiency Site. This Agreement may be modified by WEfficiency 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 WEfficiency on the WEfficiency Site (as indicated by the posted update date). Your participation in the WEfficiency Program and use of the WEfficiency Site will be subject to any such modifications. You should review the WEfficiency Site and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately notify WEfficiency that you wish to terminate your registered WEfficiency account by email to firstname.lastname@example.org, and please immediately stop participating in the WEfficiency Program and accessing and using the WEfficiency Site.
This Agreement is divided into the following sections:
1. WEfficiency Program Rules
2. Proprietary Rights
3. Acceptable Use
5. Limitation of Liability
6. Disputes with other Users, Borrowers
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
9. Applicability; Term; Termination
10. Entire Agreement; Severability
1. WEfficiency Program Rules
The WEfficiency Site matches you and other persons (the “Crowd”) with nonprofits that wish to save energy (each, a "Borrower" and, collectively, "Borrowers"). Funds pledged by the Crowd can be in the form of donations, or zero interest loans which the Borrower is asked to repay. By participating in the WEfficiency Program or otherwise accessing or using the WEfficiency Site, you hereby acknowledge and agree that (a) WEfficiency makes no representation, warranty, covenant or guarantee that any funds lent to a Borrower via the WEfficiency Site will be repaid in whole or in part, (b) loans and other similar transactions made via the WEfficiency Site 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 WEfficiency Site that you can afford to lose. Loans made via the WEfficiency Site 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 WEfficiency Site are not cancellable nor refundable by the User. Further loan details are contained within the WEfficiency Program’s Zero Interest Promissory Note, available for review when pledging to a project, and also made accessible to you if you lend to a successfully funded project.
The following is a summary of WEfficiency Program rules. These rules supplement, and do not replace, this Agreement and the Zero Interest Promissory Note.Loan vs. Donation. Taxes. You may elect to make your WEfficiency pledge a “loan” or a “donation.” If you elect to loan, the pledge is not a donation and as such you will not be eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution to a tax-exempt public charity. You are solely responsible for determining the proper tax treatment for any pledge you make through the WEfficiency Site and the WEfficiency Program. WEfficiency has not and will not provide any tax or legal advice to you in connection with any pledge you might make. This Agreement does not attempt to define the tax implications of participating in the WEfficiency Program. If you participate in the WEfficiency Program, you should consult with your own accountants, tax advisors and legal advisors.
No Interest, No Profit. You will not receive interest on any pledge that is loaned to a non-profit through the WEfficiency platform. WEfficiency pledges should not be considered an investment. You will not receive a profit on any pledge made through WEfficiency.Risk of Non-Repayment. WEfficiency’s Crowd platform is based on principles of community engagement and responsibility. Non-profits that gather pledges from the Crowd to fund energy upgrades are expected to use a portion of energy savings to repay the Crowd. However, WEFFICIENCY CANNOT GUARANTEE REPAYMENT OF ANY LOAN AND YOU WILL NOT BE REPAID IF THE NON-PROFIT PARTICIPANT DOES NOT REPAY. YOU SHOULD NOT LOAN ANY AMOUNT YOU CANNOT AFFORD TO LOSE. Any estimate repayment timeline is necessarily a preliminary estimate, and is subject to change. Estimated timelines and energy savings are prepared by the participating profit in conjunction with a third-party energy contractor; WEfficiency does not oversee, and cannot verify, these estimates.
Not an Investment. Your pledge is not an investment and no interest shall accrue; the following note has not been registered under the Securities Act of 1933 or the State of Hawaii’s Uniform Securities Act.
Credit Card. If the Crowd’s support of this project reaches the prescribed funding goal, your credit card will be immediately charged. You will receive no further notice from WEfficiency prior to the charge.
Repayments. If repayments are received from a Borrower, repayments are accrued to the Crowd on a regular basis. Repayment amounts will be virtually credited to your WEfficiency account. Repayment amounts may vary, depending on the nonprofit’s ability to make full repayments to WEfficiency. You may treat your WEfficiency account balance in 3 ways: (1) Rollover balance to fund another project, (2) Donate balance to the nonprofit (funds may be deducted from nonprofits repayment balance at the end of the scheduled repayment period); or (3) withdraw your balance into an Amazon (or other online servicer designated by WEfficiency) account upon accumulating a minimum balance.
Electronic Documents. No hard copy versions of documents shall be available. By participating in the WEfficiency Program, you agree that electronic documents shall be valid in all respects and you consent to affixing your electronic signature to such electronic documents.
Insufficient User Funds. In the event that you make a pledge and your payment does not clear (e.g., your credit card does not validly deliver to WEfficiency the full amount of the intended Loan, or your payment provider reverses a payment originally intended for WEfficiency), you agree that WEfficiency may, in its sole discretion, offset the amount of the insufficiently funded against any WEfficiency credit or (ii) withdraw and cancel your insufficiently-funded Loan from your account as not paid in full.
User Account Inactivity; Potential Escheatment of Funds. WEfficiency welcomes its Users' active participation in the WEfficiency Program. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her WEfficiency account or there are no credits/withdrawals made to such User's account. Therefore, WEfficiency may implement WEfficiency Site features pursuant to which you may instruct WEfficiency in advance as to how you wish any remaining balances in your account to be handled in the event your account were to become inactive for a period of 36 or more consecutive months – namely, whether in such a case of User inactivity, you wish to automatically donate remaining funds in your account to WEfficiency's general operating expenses to further WEfficiency's philanthropic mission or (ii) wish for WEfficiency to return remaining funds in your account to you via WEfficiency's standard account withdrawal process. In addition, in such cases of User inactivity, WEfficiency may elect to automatically terminate the inactive User account.
You agree that WEfficiency may seek such instructions from you electronically. In the event of your failure to respond to such electronic communication, or if your instructions to have remaining balances returned to you cannot be successfully completed, whether due to invalid/incomplete information, your failure to claim the funds after thirty (30) calendar days have passed from the day WEfficiency has forwarded the funds to you, a return of funds back to WEfficiency as unclaimed after WEfficiency has attempted to forward your funds to you, or for any other reason internal or external to WEfficiency, then WEfficiency may determine it is appropriate to forward (i.e., escheat) the balance remaining in your inactive WEfficiency account to the state government of your state of residency. In such a case, WEfficiency will determine your residency based on the state listed in your mailing address information that may have previously been made available to us. If your address is unknown, WEfficiency may then find it is appropriate to forward (escheat) your funds to the State of Hawaii. If your funds are escheated to a state authority, you would have to contact the relevant state's unclaimed property administrator to reclaim such funds.Promotional Products. WEfficiency may offer certain promotions and promotional products to the Crowd. Any specific terms posted by WEfficiency with respect to such promotions and promotional products, as well as this Agreement, shall apply to all Users’ participation in the promotion and use of promotional products.
2. Proprietary Rights
"WEfficiency", the "WEfficiency" logo and other WEfficiency graphics, logos, designs, page headers, button icons, scripts, names, icons, and branding are trademarks, service marks or trade dress of WEfficiency ("WEfficiency Marks"). WEfficiency Marks may not be used 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 WEfficiency. WEfficiency owns and retains all proprietary rights in the WEfficiency Program, the WEfficiency Site and all content, material and information posted, uploaded, transmitted or otherwise shared by WEfficiency thereon (collectively, "WEfficiency Content"), except to the limited extent that portions of the WEfficiency Content may be owned, and uploaded or transmitted, by third parties (e.g. participating nonprofits). You may display and make limited copies of the WEfficiency Content for your personal, non-commercial use in connection with your participation in the WEfficiency Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any WEfficiency Content or other such proprietary information, or otherwise copy, transmit or use any WEfficiency Content or other such proprietary information without the express, prior written permission of WEfficiency. If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the WEfficiency Site or to WEfficiency in connection with or arising from your participation in the WEfficiency Program, including without limitation any feedback provided to WEfficiency (collectively, "User Generated Content"), you agree to grant, and hereby grant to WEfficiency 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 WEfficiency 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.
To file a notice of infringing material on the WEfficiency Site, please provide a notification containing the following details:
Reasonably sufficient details to enable us 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 us 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 we 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 email@example.com
The WEfficiency Site may contain (or you may be sent through the WEfficiency Site) links to other web sites ("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 WEfficiency, and WEfficiency is not responsible for any Third Party Sites accessed through the WEfficiency Site or any Third Party Content posted, uploaded, transmitted or otherwise shared on the WEfficiency Site, 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 WEfficiency. If you decide to leave the WEfficiency Site and access a Third Party Site, you do so at your own risk and you should be aware that our 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 WEfficiency Site.
3. Acceptable Use
YAlthough WEfficiency assumes no obligation to monitor the conduct of any User on or off the WEfficiency Site or through the WEfficiency Program, it is a violation of this Agreement to use the WEfficiency Site or WEfficiency Program, or any information obtained from the WEfficiency Site or WEfficiency Program, in order to: harass, abuse, or harm another person (including, but not limited to, using profanity), (ii) prevent or exclude others, who are using the WEfficiency Site in compliance with this Agreement, from accessing, viewing or funding a particular portion of the WEfficiency Site, or (iii) contact, advertise to, solicit, or sell to any member of the Crowd or any Borrower or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, WEfficiency reserves the right to remove content from the WEfficiency Site that violates acceptable use in WEfficiency's sole discretion.
WEfficiency reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or Borrower from the WEfficiency Site and the WEfficiency Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in WEfficiency'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; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of the WEfficiency Site or participation in the WEfficiency Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the WEfficiency Site ("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 WEfficiency, 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. You agree not to impersonate any person or entity.
WEfficiency is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the WEfficiency Site or any liability, cost or expense you may incur in connection with the WEfficiency Site or WEfficiency Program, whether caused by any User, Borrower, Borrower’s contractor, or other person. You also acknowledge and agree that Borrowers are not liable for content created and posted on the WEfficiency Site.
WEfficiency is not responsible for the conduct, whether online or offline, of any user of the WEfficiency Site or any other person. With respect to the WEfficiency Site and WEfficiency Program, WEfficiency 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.
Under no circumstances will WEfficiency be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the WEfficiency Site or participation in the WEfficiency Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the WEfficiency Site or any interactions between any Users of the WEfficiency Site or WEfficiency Program, whether online or offline. WEfficiency does not represent, warrant, covenant, guarantee or promise any specific results from use of the WEfficiency Site or the WEfficiency Program.
THE WEFFICIENCY SITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT 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 WEFFICIENCY SITE AND PARTICIPATION IN THE PROGRAM.
WEfficiency makes no representation or warranty, express or implied, with respect to any third party data provided to WEfficiency or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. WEfficiency 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 WEfficiency or "force majeure" or any other cause beyond the control of WEfficiency.
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the WEfficiency Site and WEfficiency Program are yours alone. WEfficiency cannot and does not verify the accuracy of information from Borrowers nor Borrowers’ energy contractors. WEfficiency 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 WEfficiency 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 WEfficiency Program or information received in connection with the WEfficiency Program. In addition, in no event will WEfficiency 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 WEfficiency Site or participation in the WEfficiency Program, even if WEfficiency has been advised of the possibility of such damages, costs, losses or expenses.
6. Disputes with other Users, Borrowers
WEfficiency is not responsible for your interactions with other User or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Hawaii, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and WEfficiency, including, without limitation, any dispute arising from or relating to the WEfficiency Site or the WEfficiency Program, you agree that all such disputes may, upon election, be determined exclusively by final and binding arbitration, in accordance with the then existing rules of Dispute Prevention & Resolution, Inc. in Honolulu if the amount claimed is greater than $100 and otherwise over the telephone. Such arbitration shall be heard and adjudicated by one arbitrator appointed by Dispute Prevention & Resolution, Inc. in Honolulu, or one arbitrator to be selected by you and WEfficiency. Any award will be final, binding and conclusive upon the parties, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WEFFICIENCY HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS THE PROGRAM, THE WEFFICIENCY SITE, 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 WEfficiency 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 WEfficiency Site or participation in the WEfficiency Program or arising from your breach of this Agreement.
9. Applicability; Term; Termination
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. WEfficiency 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.
This Agreement will remain in full force and effect while you access or use the WEfficiency Site or participate in the WEfficiency Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the WEfficiency Program and registered account is terminated. From time to time, WEfficiency may make features available to Users as part of the WEfficiency Program. WEfficiency 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 WEfficiency Program, use the WEfficiency Site or any WEfficiency services, may be determined by WEfficiency in its sole and absolute discretion. You may terminate your participation in the WEfficiency Program and registered account at any time and for any reason by sending a written notice of termination to WEfficiency along with instructions for the disposition of your then-available WEfficiency 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 WEfficiency. WEfficiency may also terminate your participation in the WEfficiency 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 WEfficiency upon registration. Upon such a WEfficiency-initiated termination, your available WEfficiency Credit shall be returned to you within thirty (30) days of account termination and any WEfficiency Credit you may receive in the future shall also be returned to you in due course. If your participation in the WEfficiency Program and registered account is terminated by WEfficiency, you agree not to access or use the WEfficiency Site or participate in the WEfficiency Program. If you violate this Agreement or if your participation in the WEfficiency Program or registered account is terminated, WEfficiency has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access and use of the WEfficiency Site or participation in the WEfficiency Program and further affirmed by becoming a User, contains the entire agreement between you and WEfficiency regarding the use of the WEfficiency Site or the WEfficiency Program. 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.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
(Last Updated May, 2014)