Special Terms Relating to the EarthEra Web Site
Welcome, we would like to take this opportunity to thank you for visiting the NextEra Energy, Inc. ("NextEra Energy") family of websites (the "NextEra Energy Sites").
The family of NextEra Energy Sites includes: nexteraenergy.com, fpl.com, nexteraenergyresources.com, earthera.com, fplfibernet.com and fplcareers.com.
All transactions entered into on the EarthEra Sites are entered into with EarthEra, LLC, a Delaware limited liability company.
TRANSACTIONS UTILIZING THE EARTHERA SITES ARE INTENDED TO BE ENTERED INTO WITH PARTIES IN THE UNITED STATES OF AMERICA ONLY. ACCORDINGLY, BY ENTERING INTO A TRANSACTION UTILIZING ANY EARTHERA SITE, YOU AGREE, AND REPRESENT AND WARRANT, THAT YOU ARE LOCATED WITHIN THE UNITED STATES.
Your EarthEra purchase represents the right to have 100 percent of funds received from your purchase directed to, held, and disbursed by the EarthEra Renewable Energy Trust's trustee for the purpose of (1) constructing new renewable energy projects, (2) the retirement of Renewable Energy Credits ("RECs") (or fractions thereof) associated with your purchase, if any, and (3) donation of the funds for developing renewable energy technologies if the EarthEra Renewable Energy Trust is terminated. You will not take title nor ownership in the RECs. You are not purchasing a security or a commodity, or anything that can be sold, traded, or may increase in value in the future. No portion of your purchase is tax deductible.
RECs that are retired as a result of your purchase are generated and tracked by the generation facilities' Power Pool or Regional Transmission Organization, as the case may be. Sufficient RECs (or fractions thereof) will be retired as a result of your purchase in a quantity determined using common industry quantification methods and within a reasonable amount of time. RECs retired as a result of your purchase can not and will not be sold to any other person or company.
Your purchase does not provide you with any legal, equitable or beneficial rights or interests in the retired REC, the EarthEra Renewable Energy Trust or in any renewable energy projects developed or constructed by NextEra Energy Resources, LLC or its affiliates. We make no warranties (express or implied) with regard to the EarthEra Renewable Energy Trust or the RECs, including any warranty of merchantability or fitness for a particular purpose, and any and all warranties are hereby disclaimed.
For certain purchases, you may have the option of paying by credit card whereby you authorize recurring monthly payments such as the authorization of the recurring monthly retirement of RECs. By choosing recurring monthly payments, you grant permission to EarthEra or its authorized agent to charge a fixed amount each month to your credit card for a twelve month period. You understand that this authorization will remain in effect for twelve months or until you cancel the authorization, whichever comes first. You will be charged each billing period for the total amount due for that period. A receipt will be emailed to you and the charge will appear on your credit card statement. No prior notification will be provided to you unless the billing date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected. You may cancel future recurring monthly payments at any time without penalty by (i) logging into your EarthEra account at least 15 days prior to the next billing date and selecting “Stop Future Billing,” (ii) calling EarthEra at 1-877-715-4360 and requesting that the recurring payment authorization be cancelled at least 15 days prior to the next billing date, or (iii) notifying EarthEra in writing at the address set forth below with such notice being received at least 14 days prior to the next billing date. If you cancel recurring monthly payments prior to the end of the twelve month period, your EarthEra purchase will be prorated to the number of months for which payment has actually been made and received. For example, regardless of the number of RECs you purchased, we will retire only those RECs or parts thereof for which payment has been received. Both parties acknowledge and agree that the authorization of recurring payments does not create a debtor-creditor relationship with EarthEra and EarthEra is not extending any credit to you with regards to this means of purchase. If you discontinue payments you will have no further obligations to EarthEra. If a recurring payment date falls on a weekend or holiday, the payment may be collected on the next business day. You must notify EarthEra in writing of any changes to your credit card information at least 15 days prior to the next billing date, and you agree that we may receive updated account information from your card issuer. You agree and certify that you are authorized to use the credit card specified by you and that you will maintain sufficient availability under your credit card limit for EarthEra’s recurring monthly payment. You further agree that you are bound by any rules your credit card issuer requires for pre-authorized credit card charges.
EarthEra cannot process your online recurring payment authorization unless you are willing to receive, in electronic form only, any copy of the Special Terms with respect to recurring payments that we may be required to provide to you in writing under applicable law. Consequently, once you have accepted these Special Terms, you cannot withdraw your consent to receive your copy of the Special Terms in electronic form. However, you will still be able to cancel your recurring payment authorization in accordance with the cancellation instructions set forth above.
These Special Terms will constitute your copy of your recurring payment authorization to EarthEra. Please print and retain a copy of this recurring payment authorization for your records.
Customer service requests and other inquiries may be directed to:
Attn: Customer Care
700 Universe Blvd.
Juno Beach, Florida 33408
EarthEra reserves the right to change these Special Terms at any time. Notice may be given electronically if recurring payments have been authorized, by posting to the EarthEra Site or by other methods.
Last revised May 14th, 2010.