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NRG Carbon Offsets and Renewable Energy Certificates – Terms and Conditions
Note on Automatic Renewal: Unless you have made a one-time purchase, your agreement automatically renews, and your payment method will be charged monthly or annually, depending on your product selection. See “Subscription Service” below for full details and method of cancellation.
Note on Dispute Resolution: This contract requires arbitration, except for cases that can be brought in small claims court. This contract also does not permit class actions. See “Dispute Resolution and Binding Arbitration” below for more details.
1. Products. Reliant Energy Northeast LLC (“NRG”) offers carbon offsets or renewable energy certificates (“RECs”) as sustainable product solutions. Refer to the applicable section below for the product you selected.
2. Carbon Offset Transaction.
a. NRG agrees to sell, and Buyer agrees to purchase and pay for, NRG offsets at the quantity and purchase price indicated on the online transaction. The indicated quantity of NRG offsets will be sold and transferred from NRG to Buyer effective upon NRG’s receipt of the Total Purchase Price from Buyer. NRG represents and warrants that NRG is selling the NRG offsets once and only once to Buyer.
b. When you purchase NRG offsets from NRG, we will offset the applicable amount of your carbon dioxide (CO2) footprint through the use of one or more of the following carbon offset standards:
i. Verified Carbon Standard (VCS) – Verified Carbon Standard is a carbon offset standard for both domestic and international Verified projects. VCS has approved other methodologies, such as Climate Action Reserve and Clean Development Mechanism, and created several of its own methodologies for calculating emissions reductions. The current list of carbon offset project types eligible for VCS certification is available online at https://verra.org/project/vcs-program/rules-and-requirements/. VCS Certified NRG offsets are denominated in Verified Carbon Units (VCUs). VCUs represent 1 metric ton of carbon dioxide avoided by a project that meets the Verified Carbon Standard. VCUs are traded and retired on the VCS Registry. More information about the Verified Carbon Standard can found at https://verra.org/project/vcs-program/
ii. Climate Action Reserve (CAR) – Climate Action Reserve is a Verified carbon offset standard for projects located in the United States and Mexico, based on its own protocols for calculating emissions reductions. The current list of carbon offset project types eligible for CAR certification is available online at http://www.climateactionreserve.org/how/protocols/. CAR Certified NRG offsets are denominated in Certified Reduction Tons (CRTs). CRTs represent 1 metric ton of carbon dioxide avoided by a project that meets the Climate Action Reserve standards. CRTs are traded and retired on the CAR registry. More information about the Climate Action Reserve can be found at http://www.climateactionreserve.org/.
c. Calculation of CO2 Offset and Carbon Footprint Amounts.
i. NRG offsets are sold in units of 1 metric ton (2,204.6 pounds) of CO2, and may be certified under one or more of the standards listed above. Buyer’s purchase does not actually reduce the CO2 emissions associated with Buyer’s energy consumption but helps to offset the release of the applicable number of tons of CO2 emissions elsewhere. Buyer’s purchase will not prevent or offset the emissions of other harmful pollutants associated with your energy consumption, such as particulate matter, methane, ozone, sulfur dioxide, and nitrogen oxide.
ii. NRG’s calculation of the Buyer’s carbon dioxide footprint is designed to provide reasonably accurate estimates of the emissions impact of Buyer’s energy consumption from various sources, including but not limited to electricity and natural gas usage; transportation such as driving, flying, and mass transit; and shipping products. Our calculations are based on methodologies we believe to be scientifically valid, using government sources and industry best practice methodologies such as the World Resources Institute Greenhouse Gas Protocol. Buyer acknowledges that the CO2 offset amounts are estimates determined in accordance with these methodologies, and that the actual amount of CO2 offset may be different from these estimates and may be different from the amount of CO2 emissions that Buyer is intending to offset.
iii. NRG will supply the quantity of NRG offsets purchased by Buyer on an annual basis by purchasing and retiring on Buyer’s behalf carbon offsets certified under one or more of the standards listed above. The technologies, instruments and methods we use to supply these offsets, and the applicable combination or mix thereof, will be determined in NRG’s discretion.
d. Purchase Certificate; Marketing Claims. NRG will provide to Buyer a certificate evidencing its purchase of the indicated quantity of NRG offsets (a “Purchase Certificate”). Buyer may claim in its public marketing and advertising that it is responsible for environmental benefits associated with the NRG offsets purchased from NRG. NRG may also announce and otherwise publicize that it has sold these NRG offsets to Buyer and that Buyer is responsible for the estimated amount of CO2 avoided or displaced due to the NRG offsets purchased from NRG. Each party will obtain advance approval of any use of the other party’s logo or other trademarks in any press release or other promotional material that describes this transaction.
3. Renewable Energy Certificate Transaction.
a. Subscriptions to renewable energy certificates (RECs) are available in tiers on our website. If this product is selected, NRG agrees to sell, and Buyer agrees to purchase and pay for, RECs at the subscription tier level and purchase price indicated on the online transaction.
b. Each tier covers 1,000 kilowatt-hours (kWh) of household electricity usage: Tier 1 is equivalent to 1,000 kwH; Tier 2 is equivalent to 2,000 kWh; and Tier 3 is equivalent to 3,000 kWh. (Additional tiers, if available, will be indicated on the website). Our purchase and retirement and RECs will not exactly match your monthly usage, but will instead be made at the Tier level you select. You are free to select any level, but if you want to come closest to matching your average usage, you should consult your monthly utility bill to aid your selection of the tier level that is closest to your usage level.
c. Purchasing a REC does not mean that you have clean or renewable power delivered directly over the utility wires to your home. This is not possible. Instead, RECs represent the environmental and other non-power attributes of renewable electricity generation and are measured in 1 mega-watt-hour (MWh) increments of power generated from renewable sources like wind, solar, hydro, and biomass. They can be traded in online markets separately from the actual electricity produced by renewable facilities. We purchase our RECs from renewable energy projects in the United States, which supports the development of domestic renewable energy.
4. Subscription Service. Unless you have made a one-time purchase, you are selecting a subscription service. By subscribing to our service, you have confirmed that you accept these subscription terms. Your subscription will automatically renew on a monthly or annual basis (based on your selection) at which time your credit card will be charged automatically for the subscription products, until you cancel your membership. You may cancel your membership at any time by logging in to your account, selecting Subscriptions, then clicking cancel next to the item. You may also send an email to firstname.lastname@example.org with the subject line “Cancel” and your contact information in the body of the email.
a. For subscription products, by clicking "Place my order", you confirm that your subscription will automatically renew on a monthly or annual basis (based on your selection) and your credit card will automatically be charged the subscription price according to the specific product or package you have selected until you cancel your subscription. You can cancel your subscription at any time.
5. Payment of Purchase Price. The total Purchase Price is due at the time of the transaction. All payments are handled and processed by third party service providers including Shopify, Braintree, PayPal and Recharge. NRG does not store payment information.
6. No Ownership Right. Buyer obtains no property right or other interest in the carbon offset or renewable energy technology or the premises on which the carbon offset or renewable energy technology is implemented.
7. Limitations of Liability; Disclaimer of Warranties. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES FOR A BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER THOSE DAMAGES ARE CLAIMED UNDER CONTRACT, WARRANTY, INDEMNITY, TORT OR ANY OTHER THEORY AT LAW OR IN EQUITY. NOTWITHSTANDING ANY PROVISION HEREIN, NRG’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID TO NRG BY BUYER. (Note for NJ residents: The foregoing sentence applies to torts where the level of culpability is negligence; all other conditions apply). Unless specifically set forth herein, neither Party makes any representation or warranty whatsoever, express or implied, to the other Party and hereby disclaims any such purported representation or warranty, including any implied warranty of merchantability or fitness for a particular purpose.
8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, state or national emergency, revolution, insurrection, epidemic, pandemic, lockdown orders, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Dispute Resolution and Binding Arbitration.
a. YOU AND NRG ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
b. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY EITHER BY BINDING ARBITRATION, AS DETAILED BELOW, OR YOU MAY ELECT TO PURSUE YOUR CLAIM IN SMALL-CLAIMS COURT RATHER THAN ARBITRATION IF YOU PROVIDE US WITH WRITTEN NOTICE OF YOUR INTENTION TO DO SO.
d. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
f. You further agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR NRG WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
g. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
a. To You. We may provide any notice to you, including changes to material terms and/or the automatic renewal provisions, under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to our website, picknrgoffsets.com or its successor website (the Site). Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to General Counsel, NRG Home, 3711 Market Street, 10th Floor, Philadelphia PA, 19104. We may update the information for notices to us by posting a notice on the Site. Notices provided by personal delivery or email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
12. Miscellaneous. This Agreement states the entire agreement of the Parties with respect to the subject matter hereof and may not be amended without the written agreement of both Parties. Buyer may not assign this Agreement without the prior written consent of NRG. NRG may assign this Agreement without your consent.