OpenEI:General disclaimer

OpenEI Terms of Use

Effective July 31, 2023. These Terms of Use explain how Alliance for Sustainable Energy, LLC (“Alliance”, “we”, or “us”) collects, uses, and shares information about you when you use the openei.org website, wiki, or any web application, application programming interface (API), or web tool hosted on openei.org (collectively “OpenEI”) which is provided by Alliance as Management and Operating Contractor of the National Renewable Energy Laboratory (“NREL”) under Prime Contract No. DE-AC36-08GO28308 for the United States Department of Energy (“DOE”), or when you otherwise interact with us or receive a communication from us about OpenEI. If you do not agree with our policies and practices, your choice is not to use OpenEI. By using OpenEI, you consent to the privacy practices described in these Terms of Use. By providing any information discussed herein, you are representing and warranting to Alliance that you are authorized to disclose such information for the purposes set forth in these Terms of Use. By submitting information to Alliance via or in association with OpenEI, you are representing and warranting to Alliance that you have the authority to disclose that information and grant us permission to use content submitted by you in OpenEI if we choose. Unless otherwise stated herein, and/or unless you choose to provide such information to us, we collect no personal information about you or other information from you when you visit or use OpenEI. Furthermore, unless otherwise stated herein, we will not sell or otherwise share any personal information about you, or other information received from you with any third parties.

Privacy Policy

i. Types of Information Collected and How It is Handled

1.
We collect and store certain information automatically using Google Analytics. Google Analytics uses cookies to identify unique users. This information includes:

The Internet Protocol (IP) address of the domain from which you access the internet (i.e. 123.456.789.012) whether yours individually or provided as a proxy by your Internet Service Provider (ISP); the date and time you access OpenEI; the pages you peruse (recorded by the title and internet address of that page) and, the internet address of any other internet source from which you linked directly to OpenEI.

We may use the summary statistics to help us make OpenEI more useful to visitors, such as assessing what information is of most and least interest to visitors, and for other purposes such as determining OpenEI’s technical design specifications and identifying system performance or problem areas. This information is shared with the support staff of OpenEI and is used only as a source of anonymous statistical information.

2.
To create an account, you must provide your first and last name, a username and password for your account, and your email address.
We use this information to maintain the security of OpenEI and to manage your account and our relationship with you.

Alliance has the right to suspend or terminate your account or refuse any and all use of OpenEI if it suspects your account information is inaccurate, not current, incomplete or if your contributions to OpenEI content are suspected of being inaccurate, insensitive, or inappropriate.

You are solely responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to promptly notify Alliance if you discover or suspect any unauthorized use of your account or any other breach of security. You may not license, sell, or transfer your account without prior written permission from Alliance.

3.
You may choose to provide us with other information, such as in an e-mail message containing your ideas, suggestions, comments, or questions (“Feedback”).

We may use your Feedback to improve, revise, or update OpenEI, or to respond to your request. There are times when your message is forwarded, as e-mail, to other Alliance employees who may be better able to help you or who are responsible for maintaining OpenEI.

Any Feedback about OpenEI that you provide to Alliance is entirely voluntary, and by providing Feedback you are agreeing that Alliance may use such Feedback without restriction and without compensation or obligation to you. To the extent any license would be required to utilize or implement your Feedback, you automatically grant Alliance, when submitting such Feedback, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license under any rights necessary for such use or implementation.

ii. Situations When Disclosure of Data May Occur

Notwithstanding anything to the contrary herein, we reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves and others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of OpenEI and any facilities or equipment used to make OpenEI available, (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others, (vi) comply with the audit, inspection, and copying requirements of our Prime Contract with the United States Government, or (vii) to comply with relevant open records laws.

We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent. We will attempt to inform you of how we are going to use your information. We will achieve this through this Privacy Policy and by informing you how your information is used each time we collect it.

iii. Changing Data Provided

You may, of course, decline to share certain information with us, in which case we may not be able to provide all features and functionality of OpenEI to you. You may update, correct, or disable your account at any time. If you wish to access or amend any other information we hold about you, or request that we delete any information about you that we have obtained through OpenEI, you may submit your request by contacting at us at OpenEI Webmaster <openeiweb@nrel.gov>. Requests are subject to verification of identity. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Content Disclaimer

Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by DOE, NREL or the ALLIANCE. The views and opinions expressed in available or referenced material, including any data, text, drawings, calculations and/or graphical and other images (hereinafter “Information”) do not necessarily state or reflect those of the DOE/NREL/ALLIANCE. THE INFORMATION MADE AVAILABLE FROM OPENEI IS “AS IS,” AND NEITHER THE DOE, NREL, ALLIANCE NOR ANY OF THEIR EMPLOYEES, OFFICERS OR CONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION, OR OF ANY APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENT THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED INTELLECTUAL PROPERTY RIGHTS. THE DOE/NREL/ ALLIANCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, WHICH MAY RESULT FROM AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CLAIM THAT ARISES OUT OF OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THIS DATABASE. These Terms and any posted rules on OpenEI constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Alliance of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms will be binding upon and inure to the benefit of Alliance and its successors, trustees, and permitted assignees. Alliance may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.

Generative AI

OpenEI's generative AI research assistants (e.g. AskGDR, AskOEDI, AskPRIMRE) utilize Large Language Models (LLMs) and generative AI, including services from OpenAI's ChatGPT 4, to produce answers to user-provided questions. Generative AI is experimental. The quality of generated information may vary. All answers provided by these tools should be verified independently. According to OpenAI, “ChatGPT can make mistakes. Check important info.” Generated answers may reuse text from other sources, and should be treated as the explicit Intellectual Property (IP) of others to avoid plagiarism. The DOE/NREL/Alliance makes no claims or warranties, expressed or implied, on the accuracy or validity of any content on OpenEI, AI-generated or otherwise.

RAPID Toolkit

The information presented in the RAPID Toolkit provides an unofficial overview of regulatory, permitting, and other policies. It does not constitute professional legal advice or other professional regulatory guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or project development decisions, or when executing other binding agreements. Please refer to the individual contact provided to verify that a specific regulation or other policy applies to your project. The content has been reviewed by relevant agency, developer, and legal personnel, and are meant to serve as a guide to obtaining the permits needed for power plant development and a way to communicate the process among interested parties. This website is not intended to constitute legal advice or the provision of legal services and none of the individuals or agencies involved in developing this document warrant or certify that the information on this page is accurate. The services of a competent professional should be sought if legal or other specific expert assistance is required. While the RAPID Toolkit staff strive to provide the best information possible, they make no representations or warranties, either express or implied, concerning the accuracy, completeness, reliability, or suitability of the information. The team disclaim all liability of any kind arising out of your use or misuse of the information contained or referenced on RAPID Web pages.

SYSTEM REQUIREMENTS

You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for OpenEI. Alliance will have no obligations or responsibility under this Agreement for issues caused by your use of any third-party hardware or software not provided by Alliance.

INDEMNIFICATION REQUIREMENTS

EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY THE U.S. GOVERNMENT, DOE, ALLIANCE, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD-PARTY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR USE OF OPENEI.

DISCLAIMER OF WARRANTIES

OPENEI IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLIANCE AND THE UNITED STATES GOVERNMENT DO NOT WARRANT THAT OPENEI OR ANY DATA AVAILABLE VIA OPENEI IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ALLIANCE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY DATA PROVIDED VIA OPENEI OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE ALLIANCE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OPENEI SAFE, ALLIANCE DOES NOT REPRESENT OR WARRANT THAT OPENEI OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ALLIANCE NOR ANY THIRD-PARTY PROVIDERS OF DATA AVAILABLE VIA OPENEI HAVE ANY OBLIGATION TO PROVIDE UPDATES, SUPPORT, CONSULTING, TRAINING, OR ASSISTANCE OF ANY KIND WHATSOEVER WITH REGARD TO ANY DATA AVAILABLE VIA OPENEI OR USE THEREOF. LIMITATION OF LIABILITYIN NO EVENT SHALL ALLIANCE, THE U.S. GOVERNMENT, OR ANY THIRD PARTY PROVIDER OF DATA AVAILABLE VIA OPENEI, NOR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THESE TERMS, OPENEI, OR ANY DATA AVAILABLE VIA OPENEI. ACCESS TO, AND USE OF, OPENEI IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ABOVE ENTITIES EXCEED TEN U.S. DOLLARS ($10). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE ABOVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TERMINATION Alliance has no obligation to continue to support, maintain, and/or operate OpenEI and may cease to do so and/or terminate OpenEI at any time with or without notice to the users of OpenEI. Alliance may immediately terminate your access to OpenEI and, should you have an account on OpenEI, your account, for any reason (or for no reason), without warning. You may terminate your account at any time, for any reason, by contacting OpenEI Webmaster <openeiweb@nrel.gov>. Even after termination, these Terms, including (but not limited to) the PRIVACY AND SECURITY section, the OWNERSHIP AND FEEDBACK section, the INDEMNITY, DISCLAIMER, AND LIMITATION OF LIABIITY section, the GOVERNING LAW AND JURISDICTION section, and the GENERAL section, will remain in effect. GOVERNING LAW AND JURISDICTION Any claims arising out of or relating to these Terms or OpenEI will be governed exclusively by the laws of the United States of America and the State of Colorado, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Colorado and the United States District Court for the District of Colorado in any and all actions, disputes, or controversies relating to these Terms or OpenEI. Subject to Change Alliance may make changes to this Terms of Use from time to time. If we make changes, we will post the amended Terms of Use to OpenEI and update the Effective Date above. By continuing to access or use OpenEI on or after the Effective Date of the revised Terms of Use, you agree to be bound by the revised Terms of Use. If you do not agree to the revised Terms of Use, you must stop accessing and using OpenEI before the changes become effective. You are responsible for checking the Terms of Use for changes and your continued use of OpenEI constitutes acceptance of updated Terms of Use.