When You Offset Your CO2 with NativeEnergy, you will have helped make it possible for the Iowa Farms Wind Project to build and operate two 1.6 megawatt wind turbines (the “Project”) on two family farms in Iowa. The Project will prevent emissions of carbon dioxide by displacing electricity from fossil fuels. Your purchase will fund a portion of our commitment, made on our customers’ behalf, to purchase 100 percent of the carbon dioxide-equivalent verified emissions reductions (“VERs”) to be produced by the Project over the first 3,222 days (9.125 years) of commercial operations (the “Delivery Term”). Our commitment provides revenues that were necessary for the Project to build and operate these turbines. We will make this purchase for you after the Project achieves commercial operations (it is our contract to provide funding that the project is relying on to proceed with development and construction). For each ton of CO2 you offset with NativeEnergy from the Iowa Farms Wind Project, we will allocate you, in each year of the Delivery Term, the VER output of a 1 / 93,252 fraction1 of the Project’s output, which we estimate will produce 1 short ton of VERs over the Delivery Term.
When you offset with our premium “Help Build™” projects, you are purchasing the rights to a long-term stream of VERs. To have them offset your current CO2 footprint, you need to make sure that your VERs are never sold to someone else later. That’s why we donate all our individual customers’ VERs to Clean Air-Cool Planet, for retirement. CA-CP has agreed with us that it will accept our customers’ VERs, 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. Alternatively, we may ensure their retirement on the applicable VER Registry of the Verified Carbon Standard (the “Registry”).
The Project’s electricity output will be third party verified annually, through the Midwest Renewable Energy Tracking System, and upon validation of the project, the number of VERs per megawatt hour of electricity output will be fixed over the crediting period, enabling us to report the annual VER output. That annual VER output will be independently verified under the Verified Carbon Standard, once during the Crediting Period (expected following year 5) and once following the Crediting Period. Following such Verification, the Verified Carbon Standard will issue Verified Carbon Units representing the verified VERs, which will then be retired on behalf of our customers.
The Iowa Farms Wind Project is expected to achieve commercial operations by December 31, 2011. 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 the Project’s VERs are not met, or if the Project is not built with NativeEnergy’s support for any reason, your purchase price will help build an alternate project within nine months following December 31, 2011, 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 VERs 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 VERs over a term no longer than its Crediting Period, according to the standard under which the project is validated and its emissions reductions verified. If we are unable to accomplish the foregoing, we will acquire VERs from other sources, in an amount equal to your purchase, and will donate them to Clean Air-Cool Planet or otherwise retire them on your behalf. We’ll give you written notice of the alternate source of your carbon offsets, which may be in our newsletter.
The Project owner has agreed with us that it will use commercially reasonable efforts to operate the Project for the duration of its Crediting Period. It has also agreed to perform all manufacturer-recommended maintenance and commercially reasonable repair, and to maintain adequate insurance.
NativeEnergy has contracted to purchase 100% of the Project’s VER output over its entire 10-year Crediting Period, however much that is. We will initially sell only the first 91.25% of that (the “Sales Quantity”). We are reserving the remaining last 8.75% of the Validated Quantity (the “Buffer Quantity”) in a dedicated buffer account on the Registry or on our books, as a “buffer” to protect you against the risk that the Project underperforms during the Delivery Term. If the Project produces more than the Sales Quantity during the Delivery Term, we will retire the excess VERs on your behalf, and your purchase will result in more VERs than you paid for. If the Project produces less than the Sales Quantity during the Delivery Term, we will retire VERs from the buffer account, first from the Buffer Quantity from the Project, and second from the buffers of other projects in our portfolio whose Crediting Periods end in the year the Project’s Crediting Period ends, and from which we sold VERs on a long-term, up-front basis (other than those where our customers have taken on 100% of the production risk) (our “Help Build™ Projects”), until the Sales Quantity of VERs have been retired on behalf of our Iowa Farms Wind Project supporters. We will buffer each Help Build™ project and manage that portfolio of project buffers to maintain, or following unforeseen events, to restore (as new projects are added to the portfolio), a 99% probability that more than enough VERs will be available to be retired on your behalf.
We estimate that your share of the Project’s VER production capacity will prevent the emission of the number of CO2-equivalent tons you have chosen to offset. This estimate will be third party validated by under the Verified Carbon Standard protocols. These protocols require verification to a 5% variance materiality threshold for accuracy, so we cannot guarantee 100% accuracy. In addition, the CO2–equivalent reducing impact of the Project may be subject to changes in law.
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 for the year. Your first monthly payment will be dedicated to the Project. Each successive monthly payment will be dedicated to the Project as long as we are selling from it on our web site. Thereafter, each monthly payment will be dedicated to helping build or support an alternated project in our portfolio. You can always learn which project your monthly payments are helping to build or support by sending us an e-mail at firstname.lastname@example.org, or calling our toll-free number. If it isn’t a project you want to help build or support, we’ll either switch you to a different project or terminate our monthly billing, whichever you prefer. 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 elect our convenient monthly payment option, you may cancel any time for any reason by sending us an e-mail to email@example.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 firstname.lastname@example.org 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.
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 VERs are subject to changes in law. 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 email@example.com or call 800-924-6826.