Carbon Free Energy Calculator

1.  Power makes this Carbon Free Energy Calculator (“CFE Calculator”) available as a free service to existing and potential customers  (“you”) in the Georgia Power service territory subject to these Terms & Conditions of Use (“Terms”). The CFE Calculator is intended solely for illustrative purposes and is not intended to be used as the basis for decisions. By using the CFE Calculator, you agree to comply with and be bound by the following Terms. Please review the Terms carefully. If you do not agree to the Terms, you should not use the CFE Calculator. Georgia Power may change, suspend, or cancel use of the CFE Calculator or the Terms at any time and without notice.

 

2.  CFE Calculator Use. Georgia Power grants you a limited, revocable, nonexclusive license to use the CFE Calculator solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of the CFE Calculator is at the discretion of Georgia Power and Georgia Power may terminate your use of the CFE Calculator at any time.

 

3.  Use of Information. Georgia Power reserves the right, and you authorize us, to use and assign all information regarding CFE Calculator uses by you and all information provided by you in any manner consistent with our Privacy Statement.

 

4.  Ownership. All content included on this site is and shall continue to be the property of Georgia Power. Any copying, redistribution, use or publication by you of any such content or any part of the CFE Calculator is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the CFE Calculator.

 

5.  No Warranties. GEORGIA POWER PROVIDES NO REPRESENTATIONS, COVENANTS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, FOR ANY CFE CALCULATOR FUNCTIONALITY OR RESULTS, INCLUDING, WITHOUT LIMITATION, POTENTIAL PROJECTED PROGRAM PRICING OR THOSE REGARDING MERCHANTABILITY OR FITNESS, AND HEREIN SPECIFICALLY DISCLAIMS ANY SUCH COVENANTS, GUARANTEES OR WARRANTIES. CUSTOMER AGREES TO WAIVE ANY AND ALL DAMAGES AND CLAIMS AND RELEASE GEORGIA POWER FROM ANY AND ALL LIABILITY ARISING FROM USE OF THE CFE CALCULATOR. GEORGIA POWER MAKES NO REPRESENTATIONS OF ANY KIND REGARDING THE RESULTS PROJECTED BY THE CFE CALCULATOR. GEORGIA POWER, ITS AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE CFE CALCULATOR WILL FUNCTION WITHOUT INTERRUPTION, IN A SECURE ENVIRONMENT, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE CFE CALCULATOR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE CFE CALCULATOR WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE CFE CALCULATOR WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

6.  Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GEORGIA POWER BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF AND RELIANCE ON THE CFE CALCULATOR OR ITS CONTENT. SUCH LIMITATION OF LIABILITY WILL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN FORESEEN). SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM (I) USE OR MISUSE OF OR RELIANCE ON THE CFE CALCULATOR OR ITS CONTENT, (II) THE INTERRUPTION, SUSPENSION OR TERMINATION THEREOF, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE CFE CALCULATOR, AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, GEORGIA POWER WILL NOT BE LIABLE FOR ANY LOSS OF MONEY, PROFITS, REVENUE, DATA, USE, GOODWILL, REPUTATION OR OTHER INTANGIBLE LOSSES ARISING OUT OF YOUR USE OF THE CFE CALCULATOR.

 

7.  Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GEORGIA POWER, ITS AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, MEMBERS, OFFICERS, MANAGERS, PARTNERS AND DIRECTORS (INDEMNIFIED PARTIES) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, SUITS, SETTLEMENTS, JUDGMENTS, COSTS, DEBTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) (“CLAIMS”) RESULTING FROM OR ARISING OUT OF (I) YOUR USE, MISUSE OR ACCESS OF THE CFE CALCULATOR, (II) YOUR BREACH OF THE TERMS, (III) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR (IV) CONTENT YOU SUBMIT, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE CFE CALCULATOR. THE INDEMNIFIED PARTIES ARE ENTITLED TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM WITHOUT WAIVING OR REDUCING ANY OF YOUR OBLIGATIONS UNDER THIS SECTION 7 (INDEMNITY). YOU SHALL ALSO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY EXPENSES INCURRED IN ENFORCING THIS SECTION 7 (INDEMNITY).

 

8.  General Disclaimer. Your use of the CFE Calculator is at your own risk. The CFE Calculator and the content included on the CFE Calculator website are provided on an "AS IS" and "AS AVAILABLE" basis. No advice or information, whether oral or written, obtained by you from us or through or from the CFE CALCULATOR will create any warranty not expressly stated in the Terms.

 

9.     Null Energy Disclaimer. Georgia Power purchases only the null energy output and not Renewable Energy Certificates (RECs) from some renewable generating facilities. The rights to RECs are addressed by the appliable power purchase agreement. The party that owns the RECs retains the right to make renewable energy claims in connection with the RECs. 

 

10.  Energy Mix. The energy mix depicted in the CFE Calculator (for the specified year) reflects Georgia Power’s generation mix of carbon free energy from nuclear, hydro, and renewable generation resources where Georgia Power retires the associated RECs on behalf of all customers. The CFE Calculator does not depict or project the energy mix for future years. Null energy is not included in the CFE percentage.

 

11.  Compliance with Laws. You agree to comply with all applicable laws regarding your use of the CFE Calculator. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

 

12.  Miscellaneous. You agree that the laws of the state of Georgia, without regard to conflicts of laws provisions will govern the Terms and any dispute that may arise between you and Georgia Power or its affiliates. If any provision of the Terms is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. The failure of Georgia Power to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. Any waiver of the Terms by Georgia Power must be in writing and signed by an authorized representative of Georgia Power. Nothing contained in the Terms or your use of the CFE Calculator will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

13.  Entire Terms.  The Terms constitute the entire agreement between you and Georgia Power and governs the terms and conditions of your use of the CFE Calculator, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Georgia Power with respect to the CFE Calculator. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the CFE Calculator. Georgia Power may revise the Terms at any time by posting it on the site. Accordingly, you should visit the site and review the Terms periodically to determine if any changes have been made. Your continued use of the CFE Calculator after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms. Consider what general criteria that may be required to access the CFE Calculator.