Terms of Use

Welcome to the DOE Global Energy Storage Database website (the "Site"). This Site has been created and is maintained by Strategen Consulting LLC (“Strategen”) under contract dated July 21, 2011, with Sandia Corporation, operator of Sandia National Laboratories for the U.S. Department of Energy.

PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS SITE, OR ANY OF THE ASSOCIATED PAGES OR MATERIALS.

This Site and its Use

By using or visiting the Strategen website or any Strategen software, data feeds, and services provided to you on, from, or through the Site (collectively the "Service") and by clicking on the “I Agree” below you signify your agreement to these terms and conditions (the "Terms of Use”), and Privacy Notice, incorporated herein by reference. If you do not agree to any of these Terms or the privacy notice, please do not use the Service.

Although Strategen may attempt to notify you when significant changes are made to these Terms of Use, you should periodically review the most up-to-date version. Strategen may, in its sole discretion, modify or amend these Terms of Use at any time, and you agree to be bound by such modifications or revisions.

Service

These Terms of Use apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes any materials, videos, sound recordings, pictures, text, software, scripts, graphics, photos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes but is not limited to all products, software and services offered via this Site.

The Service may include links to third-party websites that are not owned or controlled by Strategen. Strategen has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. Strategen cannot edit or censor the content of any third-party site. By using the Service you expressly relieve Strategen from any and all liability arising from your use of any third-party website. Once you access another site through a link provided by this Service, you are subject to the copyright and licensing restrictions of the new site.

Strategen Accounts

In order for you to upload Content and to access some features of the Service, you must create an account. You must provide complete and accurate information when you create your account. You are solely responsible for all of the activity that occurs on your account. You are responsible for keeping your account password secure.

In addition to your other obligations under these Terms of Use, you further agree to: (i) provide true, current, accurate and complete information about yourself when requested, and (ii) promptly update such personal information to keep it true and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or Strategen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Strategen has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.

Copyright, Restrictions – General Use of Service

Information, images and data on this Site are in the public domain. Public domain information may be freely distributed and copied, but it is requested that in any subsequent use Sandia National Laboratories and Strategen Consulting, LLC be given appropriate acknowledgement. When using this Site you my encounter documents, illustrations, photographs, or other information contributed or licensed by private individuals, companies, or organizations that may be protected by U.S. and foreign copyright laws. Transmission or reproduction of protected items beyond that allowed by fair use as defined in the copyright laws requires the written permission of the copyright owners. Strategen hereby grants you the right to view and use the Site and the Service as set forth in these Terms of Use, provided that:

A. You shall use the Site for lawful purposes only;
B. You agree not to alter or modify any part of the Content on the Site or of the Service;
C. You are of legal age to enter into contracts;
D. You have full right and power to enter into and perform this agreement; you have secured all third party permissions necessary to submit the Content as provided herein;
E. The Content is your own original work and/or you have obtained the necessary permissions or licenses to include material created by a third party in the Content;
F. Strategen is not required to make any payments of any kind to you or any other person or company in connection with the use of the Content;
G. The Content does not and will not infringe on any intellectual property or other proprietary rights, or rights of publicity or privacy of any third party and the Content is not and will not be defamatory, libelous, pornographic or obscene;
H. The Content does not and will not violate any law; the Content does not and will not contain any viruses or other material which could damage or otherwise interfere with the Site’s computer systems or that of visitors or other users of the Site;
I. Strategen reserves the right to discontinue any aspect of the Service at any time;
J. The Content is provided to you AS IS;
K. You agree not to circumvent, disable or otherwise interfere with the security features of the Service; and
L. You agree that you may be exposed to Content that is inaccurate, technical information that is faulty and engineering systems and equipment that do not operate properly, and you waive any legal or equitable rights or remedies you may have against Strategen.

Submission of Content

By having a Strategen account you may submit Content to the Service. By doing so you represent that the Content is either in the public domain or to the extent that it is not in the public domain you hereby irrevocably grant, transfer and convey to Strategen, Sandia Corporation and the U.S. Government a worldwide, royalty-free and transferable license to use and the unlimited and unconditional right to distribute, exploit and use, on a non-exclusive basis, in perpetuity, anywhere and everywhere in the universe, in any media and by any means now known or hereafter devised, any materials, videos, sound recordings, compositions, pictures, and/or other content submitted by you. Strategen, Sandia Corporation and the U.S. Government shall have the right to use, market, store, edit, distribute, reproduce, display, perform, transmit, and promote the Content on a nonexclusive basis and in any format by any means now known or hereafter devised without payment to you. You hereby waive any right to inspect or approve uses of the Content and you also waive any moral rights you may have in the Content.

You shall retain full ownership of all right, title, and interest in and to the Content, including any copyrights, subject only to the rights granted under this agreement.

You understand and agree that Strategen reserves the right to review any Content you submit before it is actually posted on the Site. In Strategen’s sole discretion it shall determine if the Content is appropriate and consistent with the projects, research and policies incorporated on the Site. The Content must be relevant to energy storage market developments.

You represent and warrant that you own or have control of all licenses, rights and permissions necessary to publish the Content. Upon request, you agree to provide Strategen all documentation necessary to demonstrate your unrestricted ownership of the Content and/or your right to grant Strategen the use the Content.

If you appear in the Content, you grant the right to use your name, voice and likeness in connection with the use of the Content on the Site without any payment to you. You hereby waive any rights, whether granted by statute or common law, to privacy, publicity and defamation that you may have regarding the Content.

Strategen will not permit the infringement of intellectual property rights and will remove all Content that infringes on a third party’s intellectual property rights if properly notified. Strategen may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting material in violation of the Terms of Use.

Disclaimer Warranty

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STRATEGEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. STRATEGEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. STRATEGEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STRATEGEN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

Under no circumstances shall Strategen, Sandia Corporation and the U.S. Government, their officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, consequential or punitive damages resulting from any (i) errors, mistakes or inaccuracies in the Content, (ii) any personal injury or property damage resulting from your access and use of the Services, (iii) any unauthorized access or use of our secure servers and/or any information stored therein, (iv) any interruption or cessation of transmission to or from our Services, and/or (v) any bugs, viruses or trojan horses which may be transmitted to or through our Services, whether based on warranty, contract, tort or any other legal theory. This limitation of liability shall apply to the fullest extent possible by law in the applicable jurisdiction.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Strategen, Sandia Corporation and the U.S. Government, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from: (i) your use of and access to the Service; (ii) any violation by you of any term of these Terms of Use; (iii) any violation by you of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use. You acknowledge that you are familiar with Section 1542 of the Civil Code of the State of California, which provides:

  • A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

You waive and relinquish any right and benefit which you may have under this Section 1542 and under any similar laws of any other state or territory of the United States or any other jurisdictions to the extent that you lawfully may do so in connection with this agreement.

General

These Terms of Use, including any rights granted hereunder, may not be assigned by you without Strategen’s and Sandia Corporation's prior written approval, but may be assigned by Strategen or Sandia without restriction. These Terms of Use shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Strategen that arises in whole or in part from the Service shall be determined exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Use shall constitute the entire agreement between you and Strategen and Sandia. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Strategen’s or Sandia's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any cause of action that arises out of or is in any way related to the Services must be commenced within one (1) year from when the cause of action accrues or such cause of action is permanently barred.