Terms of Use.

Last Updated: January 20, 2025

Please read these Terms of Use (“Terms”) carefully before using askned.ai or newenergydiligence.com (the “Site”), operated by New Energy Diligence (“NED,” “we,” “us,” or “our”).

1. Acceptance of Terms

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Site.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Site with a new “Last Updated” date. Continued use of the Site constitutes acceptance of the modified Terms.

3. Use License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for its intended purposes. You agree not to use the Site for any unlawful purpose, attempt to gain unauthorized access to any portion of the Site, copy or create derivative works of the Site or its content, use the Site in any way that could damage or impair its functionality, or use any automated means to access the Site.

4. Intellectual Property

All content, features, and functionality of the Site — including text, graphics, logos, icons, images, data compilations, and software — are the exclusive property of NED or its licensors and are protected by United States and international intellectual property laws.

5. User Content

If you submit any information or content to the Site, you grant NED a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content. You represent and warrant that you own or control all rights in your submission.

6. Privacy

Your use of the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Disclaimer of Warranties

The Site is provided “as is” and “as available” without any warranties of any kind, whether express or implied. NED disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

In no event shall NED be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site.

9. Indemnification

You agree to indemnify and hold harmless NED and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or violation of these Terms.

10. Third-Party Links

The Site may contain links to third-party websites. NED is not responsible for the content, privacy policies, or practices of any third-party websites.

11. Termination

We reserve the right to terminate or suspend your access to the Site at any time, without notice, for any reason, including violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration conducted in San Rafael, California in accordance with the rules of the American Arbitration Association.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Contact

For questions about these Terms, please contact us.

16. Complete Agreement

These Terms constitute the entire agreement between you and NED regarding your use of the Site and supersede all prior agreements and understandings.