TERMS OF USE

Please review the following terms and conditions carefully. These Terms of Use are a legally binding contract between you and Climate Change Resources, Inc. (“our” or “we” or “us”) pertaining to the access and use of all information, content, media, links, materials and “online” or other electronic documentation accessible from our website, climatechangeresources.org (the “Website”).

The Website is offered by Climate Change Resources, Inc. to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. Your access and use of the Website is conditioned upon your continued compliance with these Terms of Use. Please read these Terms of Use carefully, as your use of the Website constitutes your acceptance of these Terms of Use. We reserve the right to change the Terms of Use any time by reasonable notice, including without limitation by posting revised terms on the Website (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms of Use each time that you view the Website.

Disclaimer

You acknowledge that the materials on the Website are provided “as is” for general information only and without warranties of any kind. While we endeavor to keep the materials on the Website current, climate change information develops rapidly and thus, the materials on the Website should not be relied upon to be fully comprehensive or error-free. We do not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials, products or other information provided on the Website or by the companies or organizations linked or referred to on the Website.

We post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Website are not necessarily those of Climate Change Resources, Inc. or endorsed by Climate Change Resources, Inc.

Restrictions on Use of Materials

The contents of the Website are intended for your personal, noncommercial use. All materials published or available on the Website (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, metadata, data, or compilations, all also known as the “Content“) are protected by copyright, and owned or controlled by us or the party credited as the provider of the Content.

Additionally, we or credited third parties own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Website, unless otherwise noted. Without our explicit consent or the explicit consent of the credited third party, no material from the Website (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Website may violate copyright, trademark and other laws. We retain all rights not expressly granted, and nothing in these Terms of Use constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms of Use should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of us or any third party.

We will allow you to view, download, copy and print our information, documents and web pages located on the Website for your own personal use but not for any organizational, for-profit or commercial activities or purposes or resale; provided that (a) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials; (b) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment; and (c) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is our material. If you share the materials with others, you agree to advise any person to whom you share the materials as to these Terms of Use and they must agree to abide by these Terms of Use. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from us or the copyright holder identified in the copyright notice contained in the Content. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by us or others.

Links

 

These terms and conditions apply only to the Website. Where the Website contains links to other websites and resources provided by third parties, such links are provided for your information and/or convenience only and are not are not intended as an endorsement by Climate Change Resources, Inc. of the organization or individual operating the third party website. Third party information is not guaranteed to be accurate and is in no way endorsed, offered or guaranteed by us. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the users of the Website or expose them to liability.

 

In addition, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

 

Term & Termination

 

Your acceptance of these Terms of Use constitutes an agreement between you and Climate Change Resources, Inc. This agreement is effective unless and until terminated by either you or us. You may terminate this agreement at any time by discontinuing use of the Website. We may also terminate this agreement at any time without notice, and accordingly deny you access to the Website, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

 

Deactivation of the Website

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.

 

General Indemnification

You agree that you will hold harmless Climate Change Resources, Inc., its officers, directors, employees, volunteers, licensors, agents and vendors from all claims arising out of or related to your access or use of, or your inability to access or use, the Website or other sites to which it is linked. If your use of materials from the Website results in the need for servicing, repair of equipment or data, you will assume any costs thereof.

 

Limitation of Liability

In no event and under no circumstances shall Climate Change Resources, Inc. or the contributors of information to the Website be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Website, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Website, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.

 

Disclaimer of Warranties

THE WEBSITE (INCLUDING WITHOUT LIMITATION ALL CONTENT) IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Website will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Website is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software, its reliability, accuracy, currentness, or otherwise; and you rely on the Website solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.

CLIMATE CHANGE RESOURCES, INC. IS BASED IN THE STATE OF NEW YORK IN THE UNITED STATES. WE PROVIDE THIS WEBSITE FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. CLIMATE CHANGE RESOURCES, INC. MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. CLIMATE CHANGE RESOURCES, INC. MAKES NO REPRESENTATION THAT THE WEBSITE OR INFORMATION FOUND THROUGH THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE WEBSITE FROM TERRITORIES WHERE THE CONTENT OF THE WEBSITE IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE WEBSITE AND/OR ACCESS THE CONTENT FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. Please be aware that any personal information you transfer to us will be transferred to the U.S. and will be subject to U.S. law. By using this Website, participating in any activities related to this Website, and/or providing us with information, you consent to the transfer of your personal information to the U.S., and waive any claims that may arise under your own local and national laws.

 

If an individual is under the age of 18, such individual may access or receive information from Climate Change Resources, Inc. only with the permission of a parent or legal guardian. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the minor’s parent or legal guardian. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives the minor child permission to access the Website and receive information.  It is the legal guardian’s or parent’s responsibility to determine whether the Website and/or information contained on the Website is appropriate for the minor child and whether the minor child may access any Content or the Website.

 

In order to make donations to Climate Change Resources, Inc. online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to us. By providing such information to us by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to us for use in processing your donations from the Website. In order to make donations online using the payment method displayed on the Website, you must be 18 years of age or over. By using the Website payment method, you confirm that you possess the legal authority to enter into Terms of Use for the Website, including, without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Website in accordance with all terms and conditions of these Terms of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter.

 

Equitable Remedies

You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.

 

Governing Law; Venue; Statute of Limitations

These Terms of Use are governed by the laws of the State of New York, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in New York, NY. You agree that the statute of limitations for any claim against us shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

 

Dispute Resolution

In the event of any dispute arising out of these Terms of Use, you and Climate Change Resources, Inc. each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and we agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or we may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in New York, NY, U.S.A. Costs of mediation shall be borne equally by both you and us. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and we agree to extend the time by mutual agreement or unless the mediator declares you and us to be at an impasse. Notwithstanding the above, in the event that we believe that immediate injunctive relief is required to protect its rights, we may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

 

Miscellaneous

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

These Terms of Use have been written in the English language and the English language shall control. These Terms of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms of Use in any language other than English.

 

These Terms of Use (and each supplemental agreement referenced in or referencing these Terms of Use found on the Website) constitutes the entire agreement between you and us with respect to the Website.

 

Contact Information

If you have any questions regarding these Terms of Use, you may write to us at legal@climatechangeresources.org