February 9, 2024
$18,000.00
This is for E3 custom consulting work for BPA for $18,000 – E3 invoice E32281-001.
Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.
filed under:
Part of the Willdan Group, Inc.
San Francisco 415.391.5100 | Boston 617.203.7689 | New York 646.699.3773
info@ethree.com
© 2022 Energy and Environmental Economics, Inc. All rights reserved. | Website: David Kerr Design
Please read and confirm. *
Contract Agreement: This contract is made and entered into as of the date of your purchase between you (the Client), located at the address on your order form and Energy and Environmental Economics, Inc., a consulting corporation whose principal office is located at 44 Montgomery Street, Suite 1500, San Francisco, CA 94104 (the Consultant). In consideration of the mutual agreements herein contained, it is agreed as follows: Services and Limitation on Authority: CONSULTANT agrees to perform the services described in each Schedule, or any attachments thereto, entered into and executed by the parties from time to time (hereinafter, collectively referred to as the “Services”). Each Schedule, which shall be incorporated herein, shall contain at minimum the following information: date of this Contract, date of Schedule, specific project location, description of Services to be performed, date when Services are to be performed or delivered, and amount of compensation payable to CONSULTANT for the Services. CONSULTANT will determine the method, details, and means of performing the Services. Each Schedule is hereby incorporated herein as if fully set forth herein. Notwithstanding the foregoing, if any terms or conditions in the Schedule are inconsistent or in conflict with the Contract, this Contract shall control. CONSULTANT shall have no right, power or authority to control or direct the performance or activities of any officer, employee or agent of CLIENT, or to enter into any contract, agreement or arrangement or incur any obligation or liability on behalf of or for the account of CLIENT. Term and Termination: Upon CLIENT’s completion of the purchase of CONSULTANT’s report, this Contract shall be terminated. CONSULTANT’s compensation shall be non-refundable and non-reimbursable. CONSULTANT’s report, once downloaded or received by any other means by the CLIENT, shall be non-returnable and non-exchangeable. In no event shall the CONSULTANT be required to refund any portion of the compensation to the CLIENT once the CLIENT has received the report. Professional Standards: CONSULTANT assumes complete professional and technical responsibility for performance of all Services in accordance with recognized prudent professional standards applicable in the industry of CONSULTANT, and in accordance with all applicable laws, regulations, standards and codes. Independent Contractor: CONSULTANT enters into this Contract as an independent contractor. Under no circumstances shall CONSULTANT look to CLIENT as its employer, nor as a partner, agent or principal. CONSULTANT shall not be entitled to any benefits accorded to CLIENT’s employees, including, without limitation, worker’s compensation, disability insurance, and vacation or sick pay. Confidentiality: “Confidential Information” shall mean all business, technical and financial information disclosed by each party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the Services, including without limitation information relating to products, services, systems, patents, patent applications, software, designs, prototypes, models, drawings, methods, processes, specifications, user interfaces, data, algorithms, plans, analysis, marketing, distribution, sales, costs, pricing, customers, suppliers, investors, finances, business opportunities, personnel, research and development, know-how, proprietary data, trade secrets, and any other information of a confidential or proprietary nature that derives actual or potential economic value from not being generally known to the public, to competitors or to other persons who may obtain economic value from its disclosure or use, whether such information is in written, electronic or oral form, and which is transmitted in writing and clearly marked “Proprietary” or “Confidential” or which, if disclosed orally, is reduced to writing by the Disclosing Party and clearly marked “Proprietary” or “Confidential”, and is transmitted to the Receiving Party within fifteen (15) days of oral disclosure. Confidential Information shall also include information derived directly from Confidential Information. Confidential Information does not include information which (i) is or becomes part of the public domain other than as a result of disclosure by Receiving Party (ii) becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party; provided that such source is not bound with respect to that information by a confidentiality agreement with Disclosing Party or is otherwise prohibited from transmitting that information by a contractual, legal or other obligation, or (iii) can be proven by Receiving Party to have been in Receiving Party’s possession prior to disclosure by Disclosing Party. Receiving Party will not disclose Confidential Information except to its employees and consultants who have a need to know in connection with performing the Services and have executed written confidentiality agreements providing protection no less strict than the protection provided under the terms of this clause. In no event will Receiving Party disclose Confidential Information, or allow Confidential Information to be disclosed, to any third party, or use Confidential Information other than in performing the Services, except with Disclosing Party’s prior written consent. All Confidential Information shall be and remain the exclusive property of Disclosing Party. No right, license or warranty, express or implied, is granted to Receiving Party with respect to any Confidential Information. If Receiving Party is required to disclose such Confidential Information to any court, tribunal, administrative agency or other governmental body in the United States, or elsewhere, Receiving Party shall provide Disclosing Party with the earliest written notice practicably possible of such request or requirement so that Disclosing Party may either, at its sole cost and expense, seek a protective order or waive compliance with the provisions of this Agreement, and Receiving Party shall reasonably cooperate with Disclosing Party in protecting such confidential or proprietary nature of the Confidential Information which must so be disclosed. Upon the issuance or denial of a protective order, the receipt of a waiver hereunder or the failure of Disclosing Party to seek a protective order or provide a waiver within a reasonable period of time, Receiving Party may disclose such Confidential Information as so required without breaching the confidentiality obligations imposed hereby and without liability to Disclosing Party, and such disclosure shall be in accordance, if applicable, with such protective order or waiver. The obligations regarding confidentiality, non-use and non-disclosure set forth herein shall survive for a period of three (3) years from the date of this agreement. Indemnity and Limitation of Liability: CONSULTANT shall indemnify and hold harmless CLIENT affiliates, and all of its employees, officers, directors, and shareholders, (collectively “Indemnitees”) from and against any and all losses, damages, expenses, obligations, and judgments, including attorneys’ fees, arising out of or in connection with the performance of the Services of this Contract to the extent caused by the negligent acts and omissions by CONSULTANT with respect to the Services under this Agreement. Indemnification shall be limited to the cost of Services and shall be limited to the period one years following completion of Services. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TERMINATION HEREOF. Assignment and Subcontracting: CONSULTANT shall not have the right to assign this Contract or subcontract any of the Services without the prior written consent from CLIENT. CLIENT may assign its rights and obligations hereunder to an affiliate, its parent company or another entity involved in the subject matter of the Services or in connection with any merger, acquisition or similar event. CLIENT shall provide Consultant written notice of any such assignment within 30 days of its occurrence. Any assignment not authorized pursuant to this paragraph shall be void and unenforceable. Ownership of Created Materials: CONSULTANT grants CLIENT a non-exclusive, royalty free, non-transferable license to use, access, modify, display, and distribute each Deliverable. CONSULTANT retains ownership of and all proprietary rights in models, whether created before or during the Services, used to develop each Deliverable, including models used to develop data contained in each Deliverable. CLIENT has rights to unlimited internal use of work products. Public use or disclosure of materials shall be subject to approval by CONSULTANT. In no event should work products be used in investor-related materials (SEC filings, prospectus, investor reports) without prior written permission from CONSULTANT. In no event should work products be sold to any parties. Jurisdiction and Compliance with Law: This Contract and any and all Schedules, and any attachments thereto, that are subject to the terms of this Contract shall be governed by and be construed in accordance with the laws of the state where the work was performed with respect to the particular Schedule in dispute without regard to its conflict of laws principles. In the event a dispute arises under this Contract and not any specific Schedule, or if a dispute arises with respect to multiple Schedules for work in different states, then the Contract and, if applicable, the Schedules, shall be governed by and be construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Each party hereby irrevocably agrees that any legal action or proceeding with respect to this Contract and, if applicable, any Schedule, shall be brought in the federal or state Courts of the State of California. By execution of this Contract, each party irrevocably submits to each such jurisdiction as provided above and hereby irrevocably waives any and all objections which it may have as to venue in any of the above applicable Courts. Publication: All media releases or public announcements by either party relating to this Contract or the subject matter hereof, including promotional or marketing material, but excluding announcements intended solely for internal distribution or to meet legal or regulatory requirements, shall be coordinated with and approved by the other party prior to release. In addition, the parties shall refrain from removing, overprinting or defacing any notices of copyright, trademark, logo, photographs or other proprietary identifications or notices of confidentiality, or otherwise claim any affiliation with the party in any publication or public forum without obtaining prior written approval from the other party. However, nothing in this paragraph shall prevent CLIENT or CONSULTANT from disclosing the existence of a contractual relationship between the parties for promotional, marketing or investor relations purposes. No License: This Agreement conveys no license or right under any present or future patent, trade secret, trademark, proprietary information or other intellectual property rights owned or controlled by CLIENT to CONSULTANT. Survival: The rights and obligations of the parties which by their nature are normally intended to survive the termination or completion of a contract like this Contract shall remain in full force and effect following termination of this Contract for any reason. Entire Contract and Amendments: This Contract, together with any Schedules entered into pursuant to this Contract, contain the entire agreement between the parties hereto with respect to the subject matter hereof. No amendment to this Contract or to any Schedule shall be binding upon either party hereto, unless it is in writing and executed on behalf of each party hereto by a duly authorized representative and expressly specified as such. This Contract supersedes all previous agreements, whether written or oral, including all prior Consulting Contracts entered into between the parties relating to the subject matter hereunder. Binding Effect: This Contract shall be binding upon and inure to the benefit of the parties hereto, and to their successors and permitted assigns. Severability: If one or more of the provisions in this Contract is deemed invalid, void or unenforceable by law, then the remaining provisions will continue in full force and effect. Moreover, if any one or more of the provisions contained in this Contract shall be held to be excessively broad or partially invalid, illegal or unenforceable, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. Waiver: No waiver by CLIENT of any breach of this Contract shall be a waiver of any preceding or succeeding breach. No waiver by CLIENT of any right under this Contract shall be construed as a waiver of any other right. Notices: All notices, correspondence and other communications under this Contract shall be in writing and shall be deemed duly given when actually received. Such notices may be given personally, by first class, registered or certified mail, or by facsimile transmission. If to CLIENT: Address on your order form If to CONSULTANT: Energy and Environmental Economics, Inc. 44 Montgomery Street, Suite 1500 San Francisco, CA 94104 Attention: Kush Patel, Partner Counterparts: This Contract may be signed in any number of counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and all such counterparts together shall be deemed an original of this Contract. Execution and delivery of this Contract by exchange of facsimile copies bearing the facsimile signature of a party hereto shall constitute a valid and binding execution and delivery of this Contract by such party. Such facsimile copies shall constitute enforceable original documents. IN WITNESS WHEREOF, this Contract is executed effective as of the day and year first above written. By making this purchase, you are creating a digital signature of this contract.
Yes, I have read and agree to the above information, conditions of use and policies.
Energy and Environmental Economics, Inc. (“E3” or “we”) respects your concerns about privacy. This Online Privacy Notice (the “Notice”) applies to personal data we collect on www.ethree.com or any E3-branded website that links to this Notice and the personal data we collect during the account sign-up or account access process (the “Sites.”) The Notice describes the types of personal data we obtain, how we use the personal data, and with whom we share it. We also describe the rights you may have and how you can contact us about our privacy practices.
E3 is the data controller in respect of personal data that we collect through the Sites, through the account sign-up or account access process or that you provide to us. Our contact details can be found at the How To Contact Us section at the end of this Notice.
Visitors to the Sites are subject to important limitations. Please review our Conditions of Use, which govern your visit to these Sites on the World Wide Web.
1. How We Obtain Information About You
We may collect personal data that you choose to provide to us through the Sites, including, but not limited to, your first and last name, physical address, e-mail address, or telephone number, such as, if applicable, when you:
Fill out a form on the Sites;
Sign-up to receive direct marketing communications on the Sites;
Sign-up to a feature that we offer on the Sites and you provide your personal data in connection with that feature;
Attend an event that we have organized; or
Communicate with us (for example, on a social media platform or by sending us an email.
Sign-up for or access our products and services.
When you visit our Sites, we also may collect certain information by automated means using technologies such as cookies, non-cookie-based tokens, web server logs, tracking pixels, and web beacons. Cookies are files that websites send to your computer or other Internet-connected device to identify your browser uniquely or to store information or settings in your browser. Your browser may tell you when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies, you may not be able to use all of the features of our Sites and may not be able to purchase products that use a “shopping cart.” Non-cookie-based tokens are encoded URL-based identifiers that track e-mail click-thru activity or time-sensitive password reset keys and will work in scenarios where cookies are disabled or a session has not been initiated.
We may also collect personal data in other contexts that we will notify you of at the time.
2. Information We Obtain
Information That You Provide to Us
Personal data that you provide directly to us will be apparent from the context in which you provide it, for example:
If you fill out a form on our Sites, you will generally provide your name, contact details and any other information requested by the form, such as the reason for your enquiry or your product preferences;
If you sign up to receive electronic marketing communications from us, you will generally provide your name, email address and other contact information, and your product preferences;
If you sign up to a feature on our Sites, you will generally provide your name and contact information and any other information necessary to access the feature;
If you fill out a form when signing up for or obtaining access to our products and services, you will generally provide your name, contact details and any other information requested by the form. Each form on our Sites varies in the information required and collected. In most cases, an asterisk (*) indicates the required information on a form. You may choose to provide additional information within fields that are not required.
Information That We Collect Automatically
Our web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the address of the web page that referred you to our Sites and the IP address of the device you use to connect to the Internet. They may also log information about your interaction with the Sites, such as which pages you visit. To control which web servers collect information by automated means, we may place tags called “web beacons” — small files that link web pages to particular web servers and their cookies. We may also collect information from your browser, such as your browsing history, and use it in conjunction with data gathered from forms and e-mails to help us understand and respond to your needs.
“Do Not Track” Signals
Your browser settings may allow you to transmit a “Do Not Track” signal to websites and online services you visit. Like many other websites and online services, we do not currently process or respond to “Do Not Track” signals from your browser or to other mechanisms that enable choice. Both we and others (such as our service providers) may collect personal data about our visitors’ online activities over time and across third-party websites.
Social Media Widgets
The Sites includes social media functions, such as the Blog, Twitter, LinkedIn, and Facebook widgets. These widgets may collect information about which pages you visit on the Sites and the IP address of the device you use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly.
Social media functions and widgets are hosted either by a third party or directly on the Sites. Your interactions with the social media functions and widgets located on the Sites are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our Sites, we strongly suggest you review the privacy policies of the companies that provide those functions and features.
3. How We Use Information That We Obtain
Information That You Provide to Us
We may use personal data that you provide to us to provide you access to our products and services, respond to your inquiry, for example, to contact you about your request, ask a question, provide announcements about products and future events, conduct surveys, consider your application for employment, and contact you for other reasons related to offering and improving our services.
In addition to the uses discussed above, we may also use the personal data you provide on our Sites to:
operate, evaluate, and improve our business;
develop new products and services;
perform market research;
advertise and market our products and services from time to time;
contact you to provide you with information in relation to those areas of interest that you identified in your “My Preferences” web page;
provide you with invitations to conferences or other events;
determine the effectiveness of our advertising and marketing;
analyse our products, services, and websites;
check and confirm your password;
to carry out our obligations arising from any contracts entered into between you or your employer and us;
administer the Sites.
We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our business that is not overridden by your interests, rights and freedoms to protect personal data about you.
We may also use the information to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by law that applies to us.
Information That We Collect Automatically
We use personal data that we collect automatically through cookies, non-cookie-based tokens, web beacons, and other automated means for purposes such as customizing and enhancing our visitors’ visits to the Sites, facilitating use of the Sites, collecting statistics about your visits to the Sites, and understanding the manner in which our visitors browse the Sites. We also use the information to help diagnose technical and service problems, administer the Sites, and identify visitors to the Sites. We use clickstream data to determine how much time visitors spend on web pages of the Sites, how visitors navigate through the Sites, and how we may tailor the Sites to meet the needs of our visitors. We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our Sites that is not overridden by your interests, rights and freedoms to protect personal data about you.
We also use third-party web analytic services on our Sites, such as Google Analytics. The service providers that administer those services may use cookies and web beacons to help us analyse how users use the Sites. The information collected by the cookies and web beacons (including your IP address) is available to the service providers, which use the information to evaluate your use of the Sites.
To learn how to opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.
To learn more about the cookies that E3 uses on these Sites, as well as to control your cookie settings on this Sites, please read our Cookie Policy.
Other Uses of Information
In addition to the uses described above, we may use personal data that you provide to us or that we collect for other purposes. Where that is the case, we will provide an additional privacy notice to you that describes the purposes for which we will use the personal data and our legal basis for doing so.
4. Information We Share
We do not sell or otherwise disclose personal data that you provide to us or that we collect on our Sites, except as described here. We may share personal data you provide to us or that we collect on the Sites with:
We may share personal data with service providers that perform services on our behalf such as payment service providers, analytics providers, hosting providers and advisers. All service providers have entered into legally binding agreements requiring them to use or disclose personal data only as necessary to perform services on our behalf or comply with applicable legal requirements.
In addition, we may disclose personal data about you (a) if we are required or permitted to do so by law or legal process, for example due to a court order or a request from a law enforcement agency, (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (c) in connection with an investigation of suspected or actual fraudulent or other illegal activity, and (c) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
5. Data Transfers
We may transfer the personal data that we collect about you to recipients in countries other than the country in which the personal data originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal data. When we transfer your personal data to recipients in other countries (such as the U.S.), we will protect that personal data as described in this Notice.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in the How To Contact Us section below.
6. How Long We Keep Information
The time period for which we keep personal data depends on the purpose for which we collected it. In all cases we keep it for as long as necessary to fulfill the purposes for which we collected it. We will then delete the personal data, unless we are legally required to retain it or if we need to retain it in order to comply with our legal obligations (for example, for tax and accounting purposes).
Subject to any applicable legal requirements, we typically retain personal data as follows:
Personal data you provide to us through our Sites: we keep this personal data for as long as necessary in order to respond to your request, and for a short further period in case you send us further requests.
Personal data you provide to us through the account setup or access process: we keep this personal data for as long as necessary in order to manage access to your account, and for a short further period in case you send us further requests.
Personal data you provide when you sign-up to receive direct marketing communications: we keep most of this personal data for the duration of our relationship with you until you opt-out or we do not have any contact with you for a long period of time.
Personal data collected for analytics purposes: we keep this personal data for a short period of time necessary for us to carry out the analytics.
Website logs: we keep Site audit logs, which may contain your personal data, for as long as necessary to fulfill the purpose for which it was collected.
7. Your Rights and Choices
You may contact us by e-mail or as described in the “How to Contact Us” section below to exercise your rights described above.
8. Updates to Our Online Privacy Notice
We may update this Notice periodically and without prior notice to you to reflect changes in our personal data practices or relevant laws. We will post the updated version and indicate at the top of the notice when it was most recently updated.
9. How to Contact Us
If you have any questions or comments about this Notice or any issue relating to how we collect, use, or disclose personal data, or if you would like us to update information we have about you or your preferences, you may contact us:
Please include your name and refer to E3 as part of your request.
By email at: marketprices@ethree.com
Please read and confirm. *
Contract Agreement: This contract is made and entered into as of the date of your purchase between you (the Client), located at the address on your order form and Energy and Environmental Economics, Inc., a consulting corporation whose principal office is located at 44 Montgomery Street, Suite 1500, San Francisco, CA 94104 (the Consultant). In consideration of the mutual agreements herein contained, it is agreed as follows: Services and Limitation on Authority: CONSULTANT agrees to perform the services described in each Schedule, or any attachments thereto, entered into and executed by the parties from time to time (hereinafter, collectively referred to as the “Services”). Each Schedule, which shall be incorporated herein, shall contain at minimum the following information: date of this Contract, date of Schedule, specific project location, description of Services to be performed, date when Services are to be performed or delivered, and amount of compensation payable to CONSULTANT for the Services. CONSULTANT will determine the method, details, and means of performing the Services. Each Schedule is hereby incorporated herein as if fully set forth herein. Notwithstanding the foregoing, if any terms or conditions in the Schedule are inconsistent or in conflict with the Contract, this Contract shall control. CONSULTANT shall have no right, power or authority to control or direct the performance or activities of any officer, employee or agent of CLIENT, or to enter into any contract, agreement or arrangement or incur any obligation or liability on behalf of or for the account of CLIENT. Term and Termination: Upon CLIENT’s completion of the purchase of CONSULTANT’s report, this Contract shall be terminated. CONSULTANT’s compensation shall be non-refundable and non-reimbursable. CONSULTANT’s report, once downloaded or received by any other means by the CLIENT, shall be non-returnable and non-exchangeable. In no event shall the CONSULTANT be required to refund any portion of the compensation to the CLIENT once the CLIENT has received the report. Professional Standards: CONSULTANT assumes complete professional and technical responsibility for performance of all Services in accordance with recognized prudent professional standards applicable in the industry of CONSULTANT, and in accordance with all applicable laws, regulations, standards and codes. Independent Contractor: CONSULTANT enters into this Contract as an independent contractor. Under no circumstances shall CONSULTANT look to CLIENT as its employer, nor as a partner, agent or principal. CONSULTANT shall not be entitled to any benefits accorded to CLIENT’s employees, including, without limitation, worker’s compensation, disability insurance, and vacation or sick pay. Confidentiality: “Confidential Information” shall mean all business, technical and financial information disclosed by each party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the Services, including without limitation information relating to products, services, systems, patents, patent applications, software, designs, prototypes, models, drawings, methods, processes, specifications, user interfaces, data, algorithms, plans, analysis, marketing, distribution, sales, costs, pricing, customers, suppliers, investors, finances, business opportunities, personnel, research and development, know-how, proprietary data, trade secrets, and any other information of a confidential or proprietary nature that derives actual or potential economic value from not being generally known to the public, to competitors or to other persons who may obtain economic value from its disclosure or use, whether such information is in written, electronic or oral form, and which is transmitted in writing and clearly marked “Proprietary” or “Confidential” or which, if disclosed orally, is reduced to writing by the Disclosing Party and clearly marked “Proprietary” or “Confidential”, and is transmitted to the Receiving Party within fifteen (15) days of oral disclosure. Confidential Information shall also include information derived directly from Confidential Information. Confidential Information does not include information which (i) is or becomes part of the public domain other than as a result of disclosure by Receiving Party (ii) becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party; provided that such source is not bound with respect to that information by a confidentiality agreement with Disclosing Party or is otherwise prohibited from transmitting that information by a contractual, legal or other obligation, or (iii) can be proven by Receiving Party to have been in Receiving Party’s possession prior to disclosure by Disclosing Party. Receiving Party will not disclose Confidential Information except to its employees and consultants who have a need to know in connection with performing the Services and have executed written confidentiality agreements providing protection no less strict than the protection provided under the terms of this clause. In no event will Receiving Party disclose Confidential Information, or allow Confidential Information to be disclosed, to any third party, or use Confidential Information other than in performing the Services, except with Disclosing Party’s prior written consent. All Confidential Information shall be and remain the exclusive property of Disclosing Party. No right, license or warranty, express or implied, is granted to Receiving Party with respect to any Confidential Information. If Receiving Party is required to disclose such Confidential Information to any court, tribunal, administrative agency or other governmental body in the United States, or elsewhere, Receiving Party shall provide Disclosing Party with the earliest written notice practicably possible of such request or requirement so that Disclosing Party may either, at its sole cost and expense, seek a protective order or waive compliance with the provisions of this Agreement, and Receiving Party shall reasonably cooperate with Disclosing Party in protecting such confidential or proprietary nature of the Confidential Information which must so be disclosed. Upon the issuance or denial of a protective order, the receipt of a waiver hereunder or the failure of Disclosing Party to seek a protective order or provide a waiver within a reasonable period of time, Receiving Party may disclose such Confidential Information as so required without breaching the confidentiality obligations imposed hereby and without liability to Disclosing Party, and such disclosure shall be in accordance, if applicable, with such protective order or waiver. The obligations regarding confidentiality, non-use and non-disclosure set forth herein shall survive for a period of three (3) years from the date of this agreement. Indemnity and Limitation of Liability: CONSULTANT shall indemnify and hold harmless CLIENT affiliates, and all of its employees, officers, directors, and shareholders, (collectively “Indemnitees”) from and against any and all losses, damages, expenses, obligations, and judgments, including attorneys’ fees, arising out of or in connection with the performance of the Services of this Contract to the extent caused by the negligent acts and omissions by CONSULTANT with respect to the Services under this Agreement. Indemnification shall be limited to the cost of Services and shall be limited to the period one years following completion of Services. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TERMINATION HEREOF. Assignment and Subcontracting: CONSULTANT shall not have the right to assign this Contract or subcontract any of the Services without the prior written consent from CLIENT. CLIENT may assign its rights and obligations hereunder to an affiliate, its parent company or another entity involved in the subject matter of the Services or in connection with any merger, acquisition or similar event. CLIENT shall provide Consultant written notice of any such assignment within 30 days of its occurrence. Any assignment not authorized pursuant to this paragraph shall be void and unenforceable. Ownership of Created Materials: CONSULTANT grants CLIENT a non-exclusive, royalty free, non-transferable license to use, access, modify, display, and distribute each Deliverable. CONSULTANT retains ownership of and all proprietary rights in models, whether created before or during the Services, used to develop each Deliverable, including models used to develop data contained in each Deliverable. CLIENT has rights to unlimited internal use of work products. Public use or disclosure of materials shall be subject to approval by CONSULTANT. In no event should work products be used in investor-related materials (SEC filings, prospectus, investor reports) without prior written permission from CONSULTANT. In no event should work products be sold to any parties. Jurisdiction and Compliance with Law: This Contract and any and all Schedules, and any attachments thereto, that are subject to the terms of this Contract shall be governed by and be construed in accordance with the laws of the state where the work was performed with respect to the particular Schedule in dispute without regard to its conflict of laws principles. In the event a dispute arises under this Contract and not any specific Schedule, or if a dispute arises with respect to multiple Schedules for work in different states, then the Contract and, if applicable, the Schedules, shall be governed by and be construed in accordance with the laws of the State of California without regard to its conflict of laws principles. Each party hereby irrevocably agrees that any legal action or proceeding with respect to this Contract and, if applicable, any Schedule, shall be brought in the federal or state Courts of the State of California. By execution of this Contract, each party irrevocably submits to each such jurisdiction as provided above and hereby irrevocably waives any and all objections which it may have as to venue in any of the above applicable Courts. Publication: All media releases or public announcements by either party relating to this Contract or the subject matter hereof, including promotional or marketing material, but excluding announcements intended solely for internal distribution or to meet legal or regulatory requirements, shall be coordinated with and approved by the other party prior to release. In addition, the parties shall refrain from removing, overprinting or defacing any notices of copyright, trademark, logo, photographs or other proprietary identifications or notices of confidentiality, or otherwise claim any affiliation with the party in any publication or public forum without obtaining prior written approval from the other party. However, nothing in this paragraph shall prevent CLIENT or CONSULTANT from disclosing the existence of a contractual relationship between the parties for promotional, marketing or investor relations purposes. No License: This Agreement conveys no license or right under any present or future patent, trade secret, trademark, proprietary information or other intellectual property rights owned or controlled by CLIENT to CONSULTANT. Survival: The rights and obligations of the parties which by their nature are normally intended to survive the termination or completion of a contract like this Contract shall remain in full force and effect following termination of this Contract for any reason. Entire Contract and Amendments: This Contract, together with any Schedules entered into pursuant to this Contract, contain the entire agreement between the parties hereto with respect to the subject matter hereof. No amendment to this Contract or to any Schedule shall be binding upon either party hereto, unless it is in writing and executed on behalf of each party hereto by a duly authorized representative and expressly specified as such. This Contract supersedes all previous agreements, whether written or oral, including all prior Consulting Contracts entered into between the parties relating to the subject matter hereunder. Binding Effect: This Contract shall be binding upon and inure to the benefit of the parties hereto, and to their successors and permitted assigns. Severability: If one or more of the provisions in this Contract is deemed invalid, void or unenforceable by law, then the remaining provisions will continue in full force and effect. Moreover, if any one or more of the provisions contained in this Contract shall be held to be excessively broad or partially invalid, illegal or unenforceable, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. Waiver: No waiver by CLIENT of any breach of this Contract shall be a waiver of any preceding or succeeding breach. No waiver by CLIENT of any right under this Contract shall be construed as a waiver of any other right. Notices: All notices, correspondence and other communications under this Contract shall be in writing and shall be deemed duly given when actually received. Such notices may be given personally, by first class, registered or certified mail, or by facsimile transmission. If to CLIENT: Address on your order form If to CONSULTANT: Energy and Environmental Economics, Inc. 44 Montgomery Street, Suite 1500 San Francisco, CA 94104 Attention: Kush Patel, Partner Counterparts: This Contract may be signed in any number of counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and all such counterparts together shall be deemed an original of this Contract. Execution and delivery of this Contract by exchange of facsimile copies bearing the facsimile signature of a party hereto shall constitute a valid and binding execution and delivery of this Contract by such party. Such facsimile copies shall constitute enforceable original documents. IN WITNESS WHEREOF, this Contract is executed effective as of the day and year first above written. By making this purchase, you are creating a digital signature of this contract.
Yes, I have read and agree to the above information, conditions of use and policies.
Energy and Environmental Economics, Inc. (“E3” or “we”) respects your concerns about privacy. This Online Privacy Notice (the “Notice”) applies to personal data we collect on www.ethree.com or any E3-branded website that links to this Notice and the personal data we collect during the account sign-up or account access process (the “Sites.”) The Notice describes the types of personal data we obtain, how we use the personal data, and with whom we share it. We also describe the rights you may have and how you can contact us about our privacy practices.
E3 is the data controller in respect of personal data that we collect through the Sites, through the account sign-up or account access process or that you provide to us. Our contact details can be found at the How To Contact Us section at the end of this Notice.
Visitors to the Sites are subject to important limitations. Please review our Conditions of Use, which govern your visit to these Sites on the World Wide Web.
1. How We Obtain Information About You
We may collect personal data that you choose to provide to us through the Sites, including, but not limited to, your first and last name, physical address, e-mail address, or telephone number, such as, if applicable, when you:
Fill out a form on the Sites;
Sign-up to receive direct marketing communications on the Sites;
Sign-up to a feature that we offer on the Sites and you provide your personal data in connection with that feature;
Attend an event that we have organized; or
Communicate with us (for example, on a social media platform or by sending us an email.
Sign-up for or access our products and services.
When you visit our Sites, we also may collect certain information by automated means using technologies such as cookies, non-cookie-based tokens, web server logs, tracking pixels, and web beacons. Cookies are files that websites send to your computer or other Internet-connected device to identify your browser uniquely or to store information or settings in your browser. Your browser may tell you when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies, you may not be able to use all of the features of our Sites and may not be able to purchase products that use a “shopping cart.” Non-cookie-based tokens are encoded URL-based identifiers that track e-mail click-thru activity or time-sensitive password reset keys and will work in scenarios where cookies are disabled or a session has not been initiated.
We may also collect personal data in other contexts that we will notify you of at the time.
2. Information We Obtain
Information That You Provide to Us
Personal data that you provide directly to us will be apparent from the context in which you provide it, for example:
If you fill out a form on our Sites, you will generally provide your name, contact details and any other information requested by the form, such as the reason for your enquiry or your product preferences;
If you sign up to receive electronic marketing communications from us, you will generally provide your name, email address and other contact information, and your product preferences;
If you sign up to a feature on our Sites, you will generally provide your name and contact information and any other information necessary to access the feature;
If you fill out a form when signing up for or obtaining access to our products and services, you will generally provide your name, contact details and any other information requested by the form. Each form on our Sites varies in the information required and collected. In most cases, an asterisk (*) indicates the required information on a form. You may choose to provide additional information within fields that are not required.
Information That We Collect Automatically
Our web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The web server logs may also record information such as the address of the web page that referred you to our Sites and the IP address of the device you use to connect to the Internet. They may also log information about your interaction with the Sites, such as which pages you visit. To control which web servers collect information by automated means, we may place tags called “web beacons” — small files that link web pages to particular web servers and their cookies. We may also collect information from your browser, such as your browsing history, and use it in conjunction with data gathered from forms and e-mails to help us understand and respond to your needs.
“Do Not Track” Signals
Your browser settings may allow you to transmit a “Do Not Track” signal to websites and online services you visit. Like many other websites and online services, we do not currently process or respond to “Do Not Track” signals from your browser or to other mechanisms that enable choice. Both we and others (such as our service providers) may collect personal data about our visitors’ online activities over time and across third-party websites.
Social Media Widgets
The Sites includes social media functions, such as the Blog, Twitter, LinkedIn, and Facebook widgets. These widgets may collect information about which pages you visit on the Sites and the IP address of the device you use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly.
Social media functions and widgets are hosted either by a third party or directly on the Sites. Your interactions with the social media functions and widgets located on the Sites are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our Sites, we strongly suggest you review the privacy policies of the companies that provide those functions and features.
3. How We Use Information That We Obtain
Information That You Provide to Us
We may use personal data that you provide to us to provide you access to our products and services, respond to your inquiry, for example, to contact you about your request, ask a question, provide announcements about products and future events, conduct surveys, consider your application for employment, and contact you for other reasons related to offering and improving our services.
In addition to the uses discussed above, we may also use the personal data you provide on our Sites to:
operate, evaluate, and improve our business;
develop new products and services;
perform market research;
advertise and market our products and services from time to time;
contact you to provide you with information in relation to those areas of interest that you identified in your “My Preferences” web page;
provide you with invitations to conferences or other events;
determine the effectiveness of our advertising and marketing;
analyse our products, services, and websites;
check and confirm your password;
to carry out our obligations arising from any contracts entered into between you or your employer and us;
administer the Sites.
We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our business that is not overridden by your interests, rights and freedoms to protect personal data about you.
We may also use the information to protect against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by law that applies to us.
Information That We Collect Automatically
We use personal data that we collect automatically through cookies, non-cookie-based tokens, web beacons, and other automated means for purposes such as customizing and enhancing our visitors’ visits to the Sites, facilitating use of the Sites, collecting statistics about your visits to the Sites, and understanding the manner in which our visitors browse the Sites. We also use the information to help diagnose technical and service problems, administer the Sites, and identify visitors to the Sites. We use clickstream data to determine how much time visitors spend on web pages of the Sites, how visitors navigate through the Sites, and how we may tailor the Sites to meet the needs of our visitors. We use the personal data for the purposes described above because we have a legitimate interest in operating and improving our Sites that is not overridden by your interests, rights and freedoms to protect personal data about you.
We also use third-party web analytic services on our Sites, such as Google Analytics. The service providers that administer those services may use cookies and web beacons to help us analyse how users use the Sites. The information collected by the cookies and web beacons (including your IP address) is available to the service providers, which use the information to evaluate your use of the Sites.
To learn how to opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout.
To learn more about the cookies that E3 uses on these Sites, as well as to control your cookie settings on this Sites, please read our Cookie Policy.
Other Uses of Information
In addition to the uses described above, we may use personal data that you provide to us or that we collect for other purposes. Where that is the case, we will provide an additional privacy notice to you that describes the purposes for which we will use the personal data and our legal basis for doing so.
4. Information We Share
We do not sell or otherwise disclose personal data that you provide to us or that we collect on our Sites, except as described here. We may share personal data you provide to us or that we collect on the Sites with:
We may share personal data with service providers that perform services on our behalf such as payment service providers, analytics providers, hosting providers and advisers. All service providers have entered into legally binding agreements requiring them to use or disclose personal data only as necessary to perform services on our behalf or comply with applicable legal requirements.
In addition, we may disclose personal data about you (a) if we are required or permitted to do so by law or legal process, for example due to a court order or a request from a law enforcement agency, (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (c) in connection with an investigation of suspected or actual fraudulent or other illegal activity, and (c) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
5. Data Transfers
We may transfer the personal data that we collect about you to recipients in countries other than the country in which the personal data originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal data. When we transfer your personal data to recipients in other countries (such as the U.S.), we will protect that personal data as described in this Notice.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in the How To Contact Us section below.
6. How Long We Keep Information
The time period for which we keep personal data depends on the purpose for which we collected it. In all cases we keep it for as long as necessary to fulfill the purposes for which we collected it. We will then delete the personal data, unless we are legally required to retain it or if we need to retain it in order to comply with our legal obligations (for example, for tax and accounting purposes).
Subject to any applicable legal requirements, we typically retain personal data as follows:
Personal data you provide to us through our Sites: we keep this personal data for as long as necessary in order to respond to your request, and for a short further period in case you send us further requests.
Personal data you provide to us through the account setup or access process: we keep this personal data for as long as necessary in order to manage access to your account, and for a short further period in case you send us further requests.
Personal data you provide when you sign-up to receive direct marketing communications: we keep most of this personal data for the duration of our relationship with you until you opt-out or we do not have any contact with you for a long period of time.
Personal data collected for analytics purposes: we keep this personal data for a short period of time necessary for us to carry out the analytics.
Website logs: we keep Site audit logs, which may contain your personal data, for as long as necessary to fulfill the purpose for which it was collected.
7. Your Rights and Choices
You may contact us by e-mail or as described in the “How to Contact Us” section below to exercise your rights described above.
8. Updates to Our Online Privacy Notice
We may update this Notice periodically and without prior notice to you to reflect changes in our personal data practices or relevant laws. We will post the updated version and indicate at the top of the notice when it was most recently updated.
9. How to Contact Us
If you have any questions or comments about this Notice or any issue relating to how we collect, use, or disclose personal data, or if you would like us to update information we have about you or your preferences, you may contact us:
Please include your name and refer to E3 as part of your request.
By email at: marketprices@ethree.com
