2. Authorized Users. The Climate Corporation Service is not for use by persons under the age of 18. If you are under 18 years of age, then please do not use The Climate Corporation Service.
4. Modification of These Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of The Climate Corporation Service after the posting of changes constitutes your binding acceptance of such changes. For any changes to these Terms, such amended Terms shall automatically be effective after they are initially posted on The Climate Corporation Service.
5. Ownership; Proprietary Rights. The Climate Corporation Service is owned and operated by The Climate Corporation or our affiliates. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of The Climate Corporation Service that are provided by us ("The Climate Corporation Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws of the United States of America and other countries. For clarity, The Climate Corporation Materials do not include any content from third party sites, whether The Climate Corporation Service provides a link to them or not. All The Climate Corporation Materials contained on The Climate Corporation Service are the copyrighted property of The Climate Corporation or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to The Climate Corporation or its affiliates and/or third party licensors. Except as expressly authorized by The Climate Corporation, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of The Climate Corporation Materials.
6. Restrictions. As a condition of your use of The Climate Corporation Service, you will not use The Climate Corporation Service for any purpose that is unlawful or prohibited by these Terms. Access to The Climate Corporation Materials and The Climate Corporation Service from territories where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
Any use of any of The Climate Corporation Materials other than for private, non-commercial use or, in the case of paying Users, their internal business purposes, is strictly prohibited.
You will not use The Climate Corporation Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of The Climate Corporation Service. You will not take any action that imposes an unreasonable or disproportionately large load on The Climate Corporation Service infrastructure. You will not intentionally interfere with or damage the operation of The Climate Corporation Service or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of The Climate Corporation Service, features that prevent or restrict the use or copying of any content accessible through The Climate Corporation Service, or features that enforce limitations on the use of The Climate Corporation Service. You will not attempt to gain unauthorized access to The Climate Corporation Service, or any part of it, other accounts, computer systems or networks connected to The Climate Corporation Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of The Climate Corporation Service or any activities conducted on The Climate Corporation Service. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Climate Corporation Service. You agree neither to modify The Climate Corporation Service in any manner or form, nor to use modified versions of The Climate Corporation Service, including (without limitation) for the purpose of obtaining unauthorized access to The Climate Corporation Service.
The Climate Corporation Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access The Climate Corporation Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to The Climate Corporation Service. You will not utilize framing techniques to enclose any trademark, logo, or other The Climate Corporation Materials without our express written consent. You will not use any meta tags or any other "hidden text" utilizing The Climate Corporation's name or trademarks without our express written consent.
You will not deep-link to The Climate Corporation Service and will promptly remove any links that The Climate Corporation finds objectionable in its sole discretion. You will not use any The Climate Corporation logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
7. Identity Authentication. For your protection and to protect your privacy and security, we may take certain steps to verify your identity when you register for or subscribe to The Climate Corporation Service, and when you access, browse or use The Climate Corporation Service.
8. User Account Information. You agree that the information you provide to us upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number), you will immediately notify us. You will be liable for the losses incurred by us or others due to any unauthorized use of your account.
9. Communications; Notice. Under these Terms, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on The Climate Corporation Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on our registered agent or to the email address you provide during the registration process. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
10. Assistance and Feedback. Please emai email@example.com for further assistance.
11. Third Party Sites and Materials. The Climate Corporation Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). We do not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Climate Corporation Service are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on The Climate Corporation Service.
We may make changes to or discontinue any of the content or services available on The Climate Corporation Service at any time, and without notice. The content or services on The Climate Corporation Service may be out of date, and we make no commitment to update these materials.
12. Termination. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with The Climate Corporation Service. In addition, we reserve the right to discontinue any aspect of The Climate Corporation Service at any time, including the right to discontinue the display of any licensed content or linked or embedded content either generally or in specific cases. You agree that any termination of your access to The Climate Corporation Service or any account you may have or portion thereof may be affected without prior notice, and you agree that we will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of The Climate Corporation Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
13. Disclaimers; No Warranties. Use of The Climate Corporation Service is at your sole risk. We do not promise that your use of The Climate Corporation Service will be uninterrupted or that The Climate Corporation Service or the results that may be obtained from the use of The Climate Corporation Service will meet your requirements, be accurate or be error-free. The Climate Corporation Service and any services performed or results that may be obtained by or through use of The Climate Corporation Service are provided "as is" and "as available", with all faults and without warranty of any kind, either express, implied or statutory, such as the warranties of yield response, merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement of third party rights, all of which are expressly disclaimed. No oral or written information or advice given by us or our authorized third party representatives will create a warranty. The disclaimers and exclusions in these Terms will apply notwithstanding any failure of essential purpose of any limited remedy.
Certain features of The Climate Corporation Service may permit you to upload or otherwise make data available to The Climate Corporation Service. You are solely responsible for your data and the consequences of uploading or otherwise making data available to The Climate Corporation Service. We have no responsibility, and will incur no liability whatsoever, arising from or related to data not owned by you or any disclosure or use of your data by a third party that you have granted access to your The Climate Corporation Service account.
We are not responsible for any delays, limitations, delivery failures, losses or damages resulting from the transfer and transmission of data over communications facilities, including the internet.
14. Indemnification. You agree to indemnify and hold The Climate Corporation, The Climate Corporation International S.A. and their affiliated companies and parent company, and each of our respective employees, officers, directors, shareholders, agents, successors, licensors and subcontractors harmless from any claims, losses, damages, expenses or liabilities, including attorney's fees, arising out of your use or misuse of The Climate Corporation Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15. Limitation of Liability. To the maximum extent allowed by applicable law, The Climate Corporation, The Climate Corporation International S.A. and our affiliates and parent company, and each of our respective employees, officers, directors, shareholders, agents, successors, licensors or subcontractors, will not be liable for any loss or damage, including, without limitation, damages for loss of profits, loss of crops or yield, loss of data, business interruption or any other damages or losses, incurred as a result of your use or inability to use The Climate Corporation Service or a decision made or any action taken by you in reliance on The Climate Corporation Service or any results obtained from its use. Under no circumstances, including, but not limited to, negligence, shall The Climate Corporation, The Climate Corporation International S.A. or our affiliates or parent company, nor each of our respective employees, officers, directors, shareholders, agents, successors, licensors or subcontractors be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use The Climate Corporation Materials on The Climate Corporation Service, The Climate Corporation Service itself, or any other interactions with us, even if we or any of our authorized representative has been advised of the possibility of such damages.
Notwithstanding the previous paragraph, if we are found liable by a court of competent jurisdiction, our maximum liability arising out of or in the connection with these Terms or any The Climate Corporation Service (whether in contract, tort, warranty, or otherwise) will be one hundred US Dollars (US$100).
These limitations shall also apply with respect to damages incurred by reason of any Linked Sites or products or services sold or provided to you by third parties through such Linked Sites.
- Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the Switzerland, without giving effect to any principles of conflicts of law. If any dispute arising in connection with or relating to these Terms, you and we agree that the proper venue shall be the courts with proper jurisdiction located in Lausanne, Switzerland, and the proceedings shall be conducted in the English language. We may nevertheless bring claims in other courts of competent jurisdiction, including without limitation in the country in which you live or have a registered office.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Survival. Those provision(s) whose context indicates that it is intended to survive will survive termination of these Terms.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Claims. Unless otherwise prohibited by applicable law, any cause of action arising out of or related to these Terms or The Climate Corporation Service must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.