Terms of Service

Compliance and Electronic Consent Agreement


A. AGREEMENT. Checking “I agree to the Terms of Service” and submitting the above form shall constitute application for membership in CABEC and the Applicant’s agreement to the terms and conditions below. Acceptance of membership is conditioned upon verification of any information submitted by Applicant in submitting this Agreement.

B. QUALIFICATIONS. The Applicant represents that he/she is qualified for membership in accordance with the CABEC bylaws.

C. DUES AND FEES. TheApplicant agrees to pay to CABEC such dues and fees as are established from time to time by the Board of Directors of CABEC.

D. BYLAWS, POLICIES AND PROCEDURES. Applicant hereby accepts and consents to be bound by, and promises and agrees to fully comply with, CABEC Bylaws (Attachment A to this Application) and any policies and procedures adopted by CABEC’s Board of Directors which are now in effect and as may be amended from time to time, including but not necessarily limited to CABEC’s Code of Ethics, Antitrust Policy, and Complaint Review Procedures. All attachments referenced above are available upon request, or for review at www.cabec.org.

E. ELECTRONIC CONSENT

  1.  The Applicant agrees to allow CABEC to send you meeting notices, ballots, conduct meetings, and handle other official business that requires member or board approval, by electronic transmission (fax or email). You may also send the same types of information to CABEC via fax or email. However, you may instead request that meeting notices, ballots, and other matters of official business be sent via regular mail.
  2. The Applicant has the right to withdraw written consent at any time after signing this form by providing CABEC with written notice that they are withdrawing consent relative to electronic transmission. No fee will be charged for withdrawing consent.
  3. This consent to electronic transmission is broad, and may include transmission of meeting notices, ballots, and other important information regarding CABEC. It also allows CABEC to conduct meetings via electronic transmission, although that will not be a frequent occurrence. This consent form represents consent under both California Corporations Code 20 and 21 (transmission from and to CABEC). This consent form also meets the requirements for consent under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)).
  4. Consenting to electronic transmission via fax requires that the Applicant has access to a fax machine and have a current fax number on file with CABEC.
  5. Consenting to electronic transmission via email requires that the Applicant has access to a computer, a current email account, and has provided their current email address to CABEC. The Applicant has read and understands the foregoing, and hereby provides this unrevoked written consent to receive and send information, including but not necessarily limited to meeting notices, ballots, and other information regarding CABEC, via electronic transmission (fax and/or email), until such time as this consent is revoked in writing. This consent also allows CABEC to conduct meetings via electronic transmission.


F. MEDIATION; ATTORNEYS’ FEES AND VENUE.
In the event of a dispute between the Applicant and CABEC, the Applicant and CABEC mutually agree to submit to mediation in San Diego, California, prior to taking legal action. If mediation fails and an action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in addition to any other reasonable relief to which it may be entitled. With respect to any suit, action or proceeding arising out of or related to this application/agreement or to membership in CABEC, the Applicant hereby agrees and submits to the jurisdiction and venue of the appropriate court in the County of San Diego, State of California for any proceeding arising hereunder.

G. GOVERNING LAW. This Application and agreement shall be subject to, construed, enforced and governed by the laws of the State of California.

By checking out at this  Membership level, Applicant represents and certifies that s/he has read and understands the foregoing application/agreement, that the representations made herein by Applicant are true and complete, and that he/she agrees to abide by the terms and conditions herein.

©2016 California Association of Building Energy Consultants, a 501(c)(6) organization.

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