- CO2 Offsets Terms & Conditions
(WindBuilderssm, Remooable Energysm CO2 tons) - Remooable Energysm (kWh) Terms & Conditions
- CoolWatts Termssm & Conditions
CO2 Offsets Terms & Conditions:
When You Offset Your CO2 with NativeEnergy,
NativeEnergy will purchase on your behalf the rights to all of the carbon offsets to be generated by a portion of your chosen project's generating capacity over a fixed long-term period equal to its expected operating life, as specified below. These carbon offsets may be associated with renewable energy credits ("RECs") from electricity generation, or may be direct reductions associated with the abatement of methane emissions from the lagoon storage of manure. The projects are currently under contract with us, and we will make this purchase for you when your project or projects achieve commercial operations (it is our contract to do so that the projects rely on to proceed with development and construction). For each ton of CO2 you offset with NativeEnergy, we will allocate you the number of kilowatts of your project's or projects' electrical generating capacity or percentage (%) of methane abatement capacity specified below, which we estimate will produce the number of kilowatt-hours of RECs specified below over the delivery term, or in the case of the farm project's methane abatement capacity, one ton of CO2-equivalent reductions in methane over the delivery term. Learn how we make these estimates.
Project | Tons | Capacity | Estimated | Delivery | Operations |
Farmer Distributed Wind Turbines |
1 |
.014457 kW |
1,173 |
20 yrs. |
12/31/08 |
Hillcrest-Saylor REC's from Methane Project |
1 |
.010898 kW |
1,465 |
20 yrs. | Recently operating |
Hillcrest Saylor Farm Lagoon Methane Abatement Project |
1 |
.004479% |
n/a |
20 yrs. | Recently operating |
Donation to Clean Air - Cool Planet.
When you offset with our premium "help build" RECs, and offsets, you are purchasing the rights to a long-term stream of RECs, or other offsets. To have them offset your current CO2 footprint, you need to make sure that your RECs, or other offsets are never sold to someone else later. That's why we donate all our customers' RECs and other offsets to Clean Air-Cool Planet, for retirement. CA-CP has agreed with us that it will accept our customers RECs and offsets, and that it will not sell or otherwise transfer them, or use them, for any purpose, except to the extent necessary or advisable under applicable law to effect their retirement, such as transfer to a duly constituted government agency for retirement. CA-CP has authorized us to make this representation to you on its behalf. If you purchase RECs or offsets from us and donate them to CA-CP through us in reliance on that representation, the representation becomes an enforceable legal obligation.
Our agreement with Clean Air - Cool Planet obligates us to convey to it legal title to the RECs and offsets our customers donate, and obligates Clean Air - Cool Planet to send an electronic acknowledgement of receipt to each of our customers who provides us an e-mail address, and to mail an acknowledgement to each customer who does not provide an e-mail address and who purchases and donates more than $200 of RECs per purchase. In addition, our agreement with Clean Air - Cool Planet gives them the right to audit our business records, to make sure that we're performing our obligations. Clean Air - Cool Planet is an independent 501(c)(3) non-profit environmental organization.
Project Construction.
Your project is scheduled to begin operations by the date specified above. Part of actually helping build new renewable energy projects is committing to them in their early stages of development, when some uncertainties remain. So if the conditions for our purchase of your project's RECs are not met, or if your project(s) is not built with NativeEnergy's support for any reason, your purchase price will help build an alternate project of the same type (wind and/or farm methane), as applicable, within 9 months following its "Operations by" date shown above, either from our current portfolio of projects or a project that we add to our portfolio. We have relationships with a number of developers who have suitable projects in the early stages of development and that could really use our customers' support. You'll still own, and donate, all the RECs, or other offsets to be generated by a share of the alternate project(s) - generating capacity, adjusted for expected generation and expected operating life to produce at least your chosen number of tons of CO2 or CO2-equivalent emissions reductions over its expected operating life, according to our estimating methodology. If we are unable to accomplish this, we will make up any shortfall by acquiring CO2 offsets from other sources, in an amount equal to your purchase, and will donate them to Clean Air-Cool Planet on your behalf, just as we would your RECs or other offsets from your chosen or alternate project. We'll give you written notice of the alternate project that you'll be helping to build, as well as new estimates of the quantity of RECs or other CO2 offsets purchased and donated in your name.
Project Operations.
The project owners/operators have agreed with us that they will use commercially reasonable efforts to build their project and, once it achieves commercial operations, to operate it for the duration of its Delivery Term specified above (or on our projects page, for other projects). They've also agreed to perform all manufacturer-recommended maintenance and commercially reasonable repair, and to maintain adequate insurance. We also conservatively discount each project's expected performance to a level that we are confident that the projects we help build will perform - on average - as well or better than we estimated to our customers. So, while we cannot guarantee that every project will generate all the carbon offsets we estimated, our conservative discounting enables us to guarantee that if any given project fails, by the end of its Delivery Term, to achieve the carbon offsetting performance level we estimated it would, we will retire additional carbon offsets from: (i) that project's performance following the end of its Delivery Term, if available (by extending the Delivery Term until the estimate performance level is achieved); or (ii) the output of other projects in NativeEnergy's portfolio that are supplying offsets on an up-front, long-term basis, to the extent that their performance during their Delivery Terms exceeds NativeEnergy's estimates, including only: (a) those projects that first entered NativeEnergy's portfolio after November 28, 2007; and (b) generating capacity of projects not already allocated to existing customers as of November 28, 2007. As such, all projects are subject to having their over-production, if any, during their Delivery Terms re-allocated to make up for under-production by any other project in NativeEnergy's portfolio. Any RECs/offsets comprising such over-production that is not so re-allocated will be retired.
Our Emissions Reductions Estimates are Estimates Only.
We estimate that delivery to the grid of the electricity associated with the kilowatts of generating capacity allocated to you, as applicable, will prevent the emission of the number of tons of CO2 you have chosen to offset, as detailed in our estimating methodology. Things will change, however. Wind speeds vary, for example, and the system mix of power will change, but not exactly in the conservative way we have assumed. There's nothing we can do about that, so the actual CO2 emissions reductions generated by your projects will vary from our estimates, up or down. We will, however, be receiving ongoing meter data from your projects that will tell us exactly how much electricity your project generates. With this information, we'll use the most recent data on the Environmental Protection Agency's E-Grid database to generate updated estimates of how much CO2 that electricity kept out of the air. We'll post that information in our projects descriptions and include it in your NativeEnergy newsletter. In addition, the CO2 reducing impact of the electricity the projects generate may be subject to changes in law. See our risks and benefits section to learn more. For farm methane projects, we will be receiving information regarding farm operations from each farm not less than annually, and will post updates to our estimates of the amounts of methane abated (in CO2-equivalents) and the CO2 reducing impact of the project's displacement of fossil fuel use.
Billing.
If you choose our upfront payment option, we will not automatically bill you again next year, although we will ask you to renew your purchase at that time.
If you choose our monthly payment plan, we will continue to bill your credit card each month until you cancel. Each monthly payment will purchase 1/12 of the number of tons you chose to offset per year. Your first monthly payment will be dedicated to the applicable project(s) specified above. Each successive monthly payment will be dedicated to the project(s) of the type you signed up for (i.e., wind, farm methane, 50/50) to which we are dedicating new customers’ purchases at the time of such payment. You can always learn which project your monthly payments are helping to build by checking the current form of these terms and conditions on our web site, sending us an e-mail at support@nativeenergy.com, or calling our toll-free number. We’ll either switch you to a different project or terminate our monthly billing, whichever you prefer.
Cancellation.
If you elect our convenient monthly payment option, you may cancel any time for any reason by sending us an e-mail to support@nativeenergy.com or calling us at (800) 924-6826 and we will immediately discontinue further charges to your credit card.
If you elect our up-front payment option or our monthly payment option, you may cancel your participation for any reason by sending us an e-mail to support@nativeenergy.com or calling our toll-free number within ten days of your initial purchase. If you cancel your participation within this period, we'll refund any amounts charged to your credit card. If you do cancel, please tell us why.
Other Legal Provisions.
EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, NATIVEENERGY MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (this disclaimer may not apply in your state). All our estimates regarding the quantity of emissions reductions represented by your RECs are subject to changes in law. Learn more about the risks and benefits. In no event shall either party be liable to the other party for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall NativeEnergy be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome.
All damages shall be limited to actual damages only. The agreement set forth in these terms and conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Vermont, without regard to its provisions governing conflicts of laws. Any dispute arising under this agreement shall be subject to mandatory arbitration in accordance with the rules of the American Arbitration Association, and the arbitrator's decision shall be final and binding upon the parties. All information included on the web pages or pop-ups linked to in these terms and conditions is incorporated into these terms and conditions by this reference, with the same effect as though fully set forth herein.
If you have questions about our terms and conditions, please contact us at info@nativeenergy.com or call (800) 924-6826.
Remooable Energy (kWh) Terms & Conditions:
This document describes the commitments made by NativeEnergy, Clean Air-Cool Planet and our Remooable Energysm customers.
Think of it like planting trees for their lifetime
NativeEnergy's Commitments
What happens when I purchase Remooable Energysm?
When you purchase Remooable Energysm, NativeEnergy will purchase on your behalf all of the renewable energy credits (RECs) to be generated by a portion of a Pennsylvania farm methane project's generating capacity over a 20-year term, which is its expected operating life ("Delivery Term"). Pursuant to our contract with the farm, we will make this purchase for our Remooable Energysm customers when the project achieves and demonstrates commercial operations. We are now allocating Remooable Energysm purchases to the Penn England family dairy farm methane project. For each 500 kilowatt-hours of electricity use you match with RECs through Remooable Energysm, you'll be allocated a 0.003342 kilowatt share of the project's generating capacity, which we estimate will generate 500 kilowatt-hours (kWh) of cleaner, renewable electricity over the term of your purchase, using our standard practice of discounting the project's engineering estimates by 5%. The delivery of this electricity to the grid will reduce CO2 emissions and other pollution for you. It will be sold and delivered to the grid as "generic" electricity, reserving the associated environmental attributes for you. Should the farm elect to expand its generating capacity, it may deliver your target kWh of RECs over a shorter period of time. If this occurs, we will confirm on our web site the early achievement of your target kWh based on the project's actual performance. Our purchase is subject to certain contract conditions discussed below. We will donate all your RECs to Clean Air-Cool Planet on your behalf (see - Clean Air-Cool Planet's Commitments-, below).
Donation to Clean Air - Cool Planet.
When you offset with our premium "help build" RECs, and offsets, you are purchasing the rights to a long-term stream of RECs, or other offsets. To have them offset your current CO2 footprint, you need to make sure that your RECs, or other offsets are never sold to someone else later. That's why we donate all our customers- RECs and other offsets to Clean Air-Cool Planet, for retirement. CA-CP has agreed with us that it will accept our customers RECs and offsets, and that it will not sell or otherwise transfer them, or use them, for any purpose, except to the extent necessary or advisable under applicable law to effect their retirement, such as transfer to a duly constituted government agency for retirement. CA-CP has authorized us to make this representation to you on its behalf. If you purchase RECs or offsets from us and donate them to CA-CP through us in reliance on that representation, the representation becomes an enforceable legal obligation. Our agreement with Clean Air - Cool Planet obligates us to convey to it legal title to the RECs and offsets our customers donate, and obligates Clean Air - Cool Planet to send an electronic acknowledgement of receipt to each of our customers who provides us an e-mail address, and to mail an acknowledgement to each customer who does not provide an e-mail address and who purchases and donates more than $200 of RECs per purchase. In addition, our agreement with Clean Air - Cool Planet gives them the right to audit our business records, to make sure that we're performing our obligations. Clean Air - Cool Planet is an independent 501(c)(3) non-profit environmental organization.
Project Operations.
The Penn England Farm has agreed with us that they will use commercially reasonable efforts to build their project and, once it achieves commercial operations, to operate it for the duration of its Delivery Term. They've also agreed to perform all manufacturer-recommended maintenance and commercially reasonable repair, and to maintain adequate insurance. We also conservatively discount each project's expected performance to a level that we are confident that the projects we help build will perform - on average - as well or better than we estimated to our customers. So, while we cannot guarantee that every project will generate all the RECs we estimated, our conservative discounting enables us to guarantee to purchasers of RECs as a green power alternative (as opposed to RECs as carbon offsets) that if any given project fails, by the end of its Delivery Term, to achieve the performance level we estimated it would, we will retire additional RECs from: (i) that project's performance following the end of its Delivery Term, if available (by extending the Delivery Term until the estimate performance level is achieved); or (ii) the REC output of other projects in our portfolio that are supplying RECs on an up-front, long-term basis, to the extent that their performance during their Delivery Terms exceeds our estimates, including only: (a) those projects that first entered our portfolio after November 28, 2007; and (b) generating capacity of projects not already allocated to existing customers as of November 28, 2007. As such, all projects are subject to having their over-production, if any, during their Delivery Terms re-allocated to make up for under-production by any other project in our portfolio. Any RECs/offsets comprising such over-production that is not so re-allocated will be retired.
Billing.
If you choose our upfront payment option, we will not automatically bill you again next year, although we will ask you to renew your purchase at that time.If you choose our monthly payment plan, we will continue to bill your credit card each month until you cancel. Each monthly payment will purchase 1/12 of the kWh you chose to offset per year. Your first monthly payment will be dedicated to paying for your share of REC's from the project you chose to help build. Each successive monthly payment will be dedicated to the farm methane project to which we are dedicating new customers’ purchases at the time of such payment. You can always learn what project your monthly payments are helping build by checking the current form of these terms and conditions on our web site, sending us an e-mail at support@nativeenergy.com or calling our toll-free number. If it isn't a project you want to help build, just let us know by sending us an e-mail at support@nativeenergy.com or calling our toll-free number. We'll either switch you to a different project or terminate our monthly billing, whichever you prefer.
Cancellation.
If you elect our convenient monthly payment option, you may cancel any time for any reason by sending us an e-mail to support@nativeenergy.com or calling us at (800) 924-6826 and we will immediately discontinue further charges to your credit card. If you elect our up-front payment option or our monthly payment option, you may cancel your participation for any reason by sending us an e-mail to support@nativeenergy.com or calling our toll-free number within ten days of your initial purchase. If you cancel your participation within this period, we'll refund any amounts charged to your credit card. If you do cancel, please tell us why.
Other Legal Provisions.
EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, NATIVEENERGY MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (this disclaimer may not apply in your state). All our estimates regarding the quantity of emissions reductions represented by your RECs are subject to changes in law. Learn more about the risks and benefits. In no event shall either party be liable to the other party for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall NativeEnergy be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome. All damages shall be limited to actual damages only. The agreement set forth in these terms and conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Vermont, without regard to its provisions governing conflicts of laws. Any dispute arising under this agreement shall be subject to mandatory arbitration in accordance with the rules of the American Arbitration Association, and the arbitrator's decision shall be final and binding upon the parties. All information included on the web pages or pop-ups linked to in these terms and conditions is incorporated into these terms and conditions by this reference, with the same effect as though fully set forth herein.
If you have questions about our terms and conditions, please contact us at info@nativeenergy.com or call (800) 924-6826.
Each 200 kWh block of CoolWattssm brand renewable certificates represents the environmental attributes of 200 kWh of electricity generated by clean wind electricity generators serving the national power grid. These environmental attributes include all fuel source, emissions, air quality and other environmental characteristics and benefits resulting from the generation of electricity by the wind generators. The environmental attributes arise primarily from the wind farms- displacement of an equal amount of electricity generated by fossil fuel powered generators in the region where the renewable generation facilities are located.
Your purchase of CoolWattssm supports wind-powered electricity production in the United States. You will continue to receive a separate electricity bill from your utility. For every unit of renewable electricity generated, an equivalent amount of renewable certificates is produced. The purchase of renewable certificates helps offset conventional electricity generation in the region where the renewable generator is located, which may be anywhere in the continental US. Your purchase also helps build a market for renewable electricity and may have other local and global environmental benefits such as reducing global climate change and regional air pollution. For more information about renewable certificates, please visit www.green-e.org.
For each month that you purchase this product, NativeEnergy ensures that electricity is generated from 100% wind generation facilities and delivered to the national power grid in an amount equal to your monthly purchase. This electricity and the associated renewable energy certificates will be generated in the calendar year of your purchase, the first three months of the following calendar year, or the last 6 months of the prior calendar year. To verify this generation and delivery, NativeEnergy will purchase and retire renewable energy certificates on your behalf. Each certificate will be retired once and only once.
Whom should I contact for more information?
NativeEnergy, LLC. P.O. Box 539, 823 Ferry Rd., Charlotte, VT 05445. (800) 924-6826.
info@nativeenergy.com. www.nativeenergy.com.
How will I be billed?
Your credit card will be billed on a monthly basis, in the amount you approved when you made your TRCs purchase. You will continue to pay your electricity service provider for electricity charges.
How will my TRC bill be calculated?
Your cost for CoolWattssm is based on the number of kWh you chose to purchase each month times one cent per kWh. For example, if you chose to purchase 200 kWh each month, your monthly charge will be $2.00. You must also pay all applicable federal, state, and local taxes and charges.
Will my TRC rates change over time?
Your cost per kWh of CoolWattssm renewable energy certificates will not change unless we give you at least 30 days written notice, by e-mail or letter
What fuel sources will be used to generate my TRCs?
100% new wind. Please see the Power Content Label below
Length of Agreement and Cancellation
Your subscription to purchase CoolWattssm will begin on the day we receive your agreement to purchase CoolWattssm, and will continue on a month to month basis until you or we cancel. You may cancel at any time and for any reason by giving us 30 days advance notice. You may give us this notice by calling us at 1-800-924-6826, or by writing to us at the address shown under Contact Information. Cancellation of this agreement will not cause any interruption or termination of your electric service. We may cancel this agreement at any time.
Not a Purchase of Electricity
This transaction is a purchase of renewable energy certificates, not a purchase of electricity. NativeEnergy will not be providing your electricity service. The price you pay for CoolWattssm is in addition to the electricity service charges assessed by your electricity supplier.
Limitations of Liability; Disclaimer Of Warranties.
NEITHER YOU NOR NATIVEENERGY WILL BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. OUR AND YOUR LIABILITY RELATED TO THE PURCHASE AND SALE OF THIS PRODUCT IS LIMITED TO THE TOTAL PURCHASE PRICE PAID BY YOU. NATIVEENERGY MAKES NO REPRESENTATIONS OR WARRANTYS WHATSOEVER OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY OTHER REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
General Terms
These Terms and Conditions state the entire agreement between you and NativeEnergy with respect to the purchase and sale of CoolWattssm and may not be amended without the written agreement of both parties. This agreement is governed by the laws of the state of Vermont, without regard to its provisions governing conflicts of laws.
CoolWattssm is a service mark of NativeEnergy, LLC
If you have questions about our terms and conditions, please contact us at info@nativeenergy.com.