Emerald AI, Inc. ("Emerald AI," "we," "our," or "us") operates this website, located at emeraldai.co and its subdomains (the "website"), subject to the following terms and conditions (these "Terms and Conditions"). By entering the website or transmitting information to it, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this website.
Emerald AI reserves the right to revise these Terms and Conditions at any time without prior notice. Any revision is effective when posted, and the "last updated" date above will be revised accordingly. Your continued use of the website following any change constitutes your acceptance of the amended Terms and Conditions. We strongly recommend that you review these Terms and Conditions periodically.
While Emerald AI makes reasonable efforts to ensure that the information on this website is accurate and current, Emerald AI makes no representations or warranties as to the accuracy, adequacy, reliability, or completeness of any information or material contained on this website. All content on the website is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Emerald AI disclaims any liability for errors or omissions in the website's content, for any failure of the website's functions to be uninterrupted or error-free, for any failure to correct defects, or for any failure of the website or the servers that make it available to be free of viruses or other harmful components. You acknowledge that your access to and use of the website is at your own risk.
To the fullest extent permitted by applicable law, Emerald AI will not be liable for any consequential, incidental, indirect, special, punitive, or exemplary damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or in connection with your access to or use of, or inability to access or use, this website, whether based in contract, tort, strict liability, or otherwise, and whether or not Emerald AI has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, Emerald AI's total aggregate liability arising out of or relating to this website and these Terms and Conditions will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions or limitations may not apply to you.
References on this website to third-party companies, projects, facilities, or sites, including any associated names or logos, do not indicate any affiliation, sponsorship, or endorsement in either direction unless expressly stated. Such references appear for informational purposes only.
Access to this website may be restricted by law in some jurisdictions. If you access the website, you are responsible for complying with any restrictions that apply where you are located. Any disclaimer, restriction, or notice on this website applies equally to the website as a whole and to any individual portion of it, including any content that is excerpted, downloaded, or shared separately.
Nothing on this website constitutes investment, tax, financial, legal, engineering, energy, regulatory, or other professional advice, and nothing on this website should be relied upon in making any decision. You should consult your own advisers before taking any action based on information appearing on this website.
This website is not a solicitation, recommendation, endorsement, or offer to buy or sell any product, service, or security. Information on this website may contain forward-looking statements, including statements regarding anticipated capabilities of Emerald AI's technology, expected performance of data center flexibility programs, projected grid capacity or emissions outcomes, and planned deployments, pilots, partnerships, and business plans. Forward-looking statements are subject to known and unknown risks, uncertainties, and assumptions, including those relating to electricity markets, utility and grid operator requirements, regulatory developments, customer adoption, and technology performance. Actual results may differ materially.
Emerald AI undertakes no obligation to publicly update or revise any information on this website, including any forward-looking statement. All opinions and estimates are subject to change without notice. Emerald AI does not provide advice through this website. Emerald AI and its personnel may have business, contractual, investment, or other relationships with companies, utilities, grid operators, and other organizations mentioned on this website.
Descriptions of pilots, demonstrations, modeled results, or prior deployments are illustrative and specific to the conditions under which they were conducted. Past performance is not indicative of future results, and no representation is being made that any deployment, program, or transaction will or is likely to achieve outcomes similar to those described.
Emerald AI retains all right, title, and interest in and to the website and the information and materials on it. The compilation of all content on this website, including all text, images, graphics, video, data, charts, and software, is the exclusive property of Emerald AI or its licensors and is protected by United States and international copyright laws.
All names, logos, trademarks, service marks, and trade dress appearing on this website, including but not limited to "Emerald AI" are owned by or licensed to Emerald AI and may not be used without Emerald AI's prior written approval. Unauthorized use may give rise to claims for damages and other relief, including for trademark and copyright infringement.
Permitted use. Emerald AI grants you a limited, revocable, non-exclusive, non-transferable license to access this website and to display, print, and store information from it, in each case for your personal or internal business informational use only. You may share unmodified Emerald AI materials internally within your organization and quote from them with attribution. You may not remove or alter any copyright, trademark, or other proprietary notice. Any use outside the scope of this license terminates it automatically. Emerald AI reserves all rights not expressly granted here.
Restrictions. Except as expressly permitted above, and without Emerald AI's prior express written permission, you may not:
Emerald AI expressly reserves all rights with respect to text and data mining and automated collection of website content, including under Article 4(3) of Directive (EU) 2019/790 and any comparable law.
You may not transmit to or through this website any material that is pornographic, obscene, defamatory, harassing, threatening, discriminatory, infringing, or otherwise unlawful, or any unsolicited commercial communication.
Any communication or material you transmit to Emerald AI through this website, including any comment, question, suggestion, feedback, or idea, will not be treated as confidential or proprietary, and you grant Emerald AI a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and exploit that material anywhere, at any time, and for any purpose, without compensation or attribution to you. This paragraph does not apply to personal information, which Emerald AI handles as described in the Privacy Policy, or to information covered by a separate written confidentiality agreement between Emerald AI and you or your employer.
Please do not send confidential, proprietary, or trade secret information through this website. If you wish to share confidential information with Emerald AI, contact us so that an appropriate written agreement can be put in place first.
You agree to indemnify, defend, and hold harmless Emerald AI and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (i) your access to or use of this website; (ii) your violation of these Terms and Conditions, including any of the restrictions set forth in the Intellectual Property and Permitted Use section; (iii) your violation of any applicable law or the rights of any third party; or (iv) any material you transmit to or through this website. Emerald AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Emerald AI's defense of such claim. This indemnification obligation survives termination of these Terms and Conditions and your use of the website.
Emerald AI is not responsible for the content of any website linked from this website, and has not reviewed all such linked content. Links are provided for convenience only and do not imply endorsement. You follow external links at your own risk.
Emerald AI's collection and use of personal information in connection with this website is described in Emerald AI's Privacy Policy, available at emeraldai.co/privacy-policy, which is incorporated into these Terms and Conditions by reference. Please review it to understand our practices.
Entire Agreement. These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Emerald AI with respect to this website and supersede all prior understandings relating to this website. These Terms and Conditions do not supersede, amend, or limit any separate written agreement between Emerald AI and you or your employer, including any customer, nondisclosure, or other commercial agreement, and in the event of a conflict with respect to the subject matter of that agreement, the separate written agreement controls.
Assignment. These Terms and Conditions bind and benefit the parties and their respective successors and permitted assigns. You may not assign, delegate, sublicense, or otherwise transfer these Terms and Conditions or any rights under them without Emerald AI's prior written consent.
Governing Law and Venue. These Terms and Conditions, and any dispute of any kind arising between you and Emerald AI relating to this website, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You and Emerald AI submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and waive any objection to venue in those courts. To the fullest extent permitted by applicable law, each party waives any right to a trial by jury. This provision does not apply to any statutory data protection or privacy claim, or to any complaint you may make to a data protection or other regulatory authority.
Waiver. No waiver of any provision shall be effective unless in writing and signed by Emerald AI, and no waiver shall constitute a continuing waiver.
Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be severed and the remaining Terms and Conditions shall continue in full force and effect.
Headings. Subject headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
If you have any questions about these Terms and Conditions, please contact Emerald AI at legal@emeraldai.co.
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