Welcome to the DOE Global Energy Storage Database website (the “Site”). This Site is maintained by National Technology & Engineering Sciences of Sandia, LLC (NTESS), operator of Sandia National Laboratories for the U.S. Department of Energy/National Nuclear Security Administration. PLEASE READ THESE TERMS OF USE (the “Terms”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS SITE, OR ANY OF THE ASSOCIATED PAGES OR MATERIALS.
This Site and its Use
By using or visiting the Site or any Site software, data feeds, and services provided to you on, from, or through the Site (collectively the “Service”) and by clicking on the “I Agree” below you signify your agreement to these terms and conditions (the “Terms of Use”), and
Privacy Notice, incorporated herein by reference. If you do not agree to any of these Terms or the privacy notice, please do not use the Service. NTESS may, in its sole discretion, modify or amend these Terms of Use at any time, and you agree to be bound by such modifications or revisions.
Service
These Terms of Use apply to all users of the Service. “Content” includes any materials, videos, sound recordings, pictures, text, software, scripts, graphics, photos, audiovisual combinations, interactive features and other materials you may view on or access through the Service. The Service includes but is not limited to all products, software and related materials offered via this Site. The Service may include links to third-party websites that are not owned or controlled by NTESS. NTESS has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. NTESS cannot edit or censor the content of any third-party site. By using the Service you expressly relieve NTESS from any and all liability arising from your use of any third-party website. Once you access another site through a link provided by this Service, you are subject to the copyright and licensing restrictions of the new site.
Copyright, Restrictions – General Use of Service
Although the underlying information, images and data on this Site that were created by or for the Department of Energy are in the public domain, this Site and the arrangement and selection of the underlying information and data on this Site (the “Content”) is the property of NTESS. NTESS grants you a no-cost, non-exclusive license to view and use the Site and the Content on this Site only if, as a condition precedent, you acknowledge and agree that: A. You will credit NTESS as the source of any Content you take from this Site; B. You will use the Site for lawful purposes only; C. Content on this Site is provided to you AS IS; D. You agree not to circumvent, disable or otherwise interfere with the security features of the Service; E. You will not remove any copyright, trademark, watermark or other proprietary rights notices contained on the Site or Content, and F. You will not acquire or claim any copyright ownership rights or other rights of any nature in the Site, Content, or any portion thereof that you take and use.
Disclaimer Warranty
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NTESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NTESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NTESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NTESS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
Under no circumstances shall NTESS and the U.S. Government, their officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, consequential or punitive damages resulting from any (i) errors, mistakes or inaccuracies in the Content, (ii) any personal injury or property damage resulting from your access and use of the Services, (iii) any unauthorized access or use of our secure servers and/or any information stored therein, (iv) any interruption or cessation of transmission to or from our Services, and/or (v) any bugs, viruses or trojan horses which may be transmitted to or through our Services, whether based on warranty, contract, tort or any other legal theory. This limitation of liability shall apply to the fullest extent possible by law in the applicable jurisdiction.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NTESS and the U.S. Government, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney’s fees) arising from: (i) your use of and access to the Service; (ii) any violation by you of any term of these Terms of Use; (iii) any violation by you of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use. You acknowledge that you are familiar with Section 1542 of the Civil Code of the State of California, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. You waive and relinquish any right and benefit which you may have under this Section 1542 and under any similar laws of any other state or territory of the United States or any other jurisdictions to the extent that you lawfully may do so in connection with this agreement.
General
These Terms of Use, including any rights granted hereunder, may not be assigned by you without NTESS’s prior written approval, but may be assigned by NTESS without restriction. These Terms of Use shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and NTESS that arises in whole or in part from the Service shall be determined exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Use shall constitute the entire agreement between you and NTESS. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NTESS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any cause of action that arises out of or is in any way related to the Services must be commenced within one (1) year from when the cause of action accrues or such cause of action is permanently barred.
