Climate Registry Terms of Website Use

This web site (the “Web Site”) is operated by The Climate Registry (“we”, “us” and/or “our”) and has been created to accomplish our mission of setting consistent and transparent standards to calculate, verify and publicly report greenhouse gas emissions into a single registry (the “Mission”) with the help of Web Site visitors (“you”, “your”). In furtherance of this Mission and in order to ensure that the Web Site operates smoothly, we need for you to agree to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully.

Your Acceptance of the Agreement

By accessing or using the Web Site, you acknowledge that you have read, understood, and agree to this Agreement. Your access to and use of the Web Site is also subject to our Privacy Policy, whose terms and conditions are incorporated in this Agreement by reference.

We may change this Agreement from time to time without notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Web Site. The revised terms and conditions will become effective at the time we post them. Any use of the Web Site after that time shall constitute your acceptance of such revised terms and conditions.

Use of Website

In conveying our message and organizing our network, we include a wide variety of material on the Web Site (the “Content”), which may include text, graphics, images, software and video. We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. This Content is protected by United States and foreign intellectual property laws. As a visitor, you agree that you have no rights in or to the Content except as granted in this Agreement, and that you will not use, copy, make derivative works of, display, or distribute the Content except as permitted by this Section of this Agreement. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site will automatically be revoked and you will destroy any copies you have made of the Content.

The Climate Registry grants you a non-exclusive license to use, copy, make derivative works of, display, and/or distribute the Content in ways that are in furtherance of the Mission, as determined in The Climate Registry’s sole discretion, provided that the Content contains no credit or attribution to third-parties. If the content contains credit or attribution to a third-party Content creator, you are required to abide by all license agreements as set forth by the third-party Content creator.

To help create a globally recognized brand for our Mission, the Web Site contains registered and unregistered trademarks, service marks, and logos belonging to theclimateregistry.org and third-parties (the “Trademarks”). You agree not to display or use the Trademarks in any manner without our prior consent.

Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained on this website.

To provide you with access to even more information you might find interesting, the Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others, and we are not responsible for any such content. We suggest contacting those External Sites directly if you have any concerns regarding such links or any content located on such External Sites.

Access and Confidentiality

This Agreement applies to users of the publicly-accessible portions of the website as well as to users of the password-protected pages. The Climate Registry members are issued user names and passwords and have exclusive access to the password-protected pages of the site. If you access the password-protected web pages but are not a member, your access is not authorized and you must log out and delete all information found on password-protected web pages.

You shall use your best efforts to keep confidential and protect the contents of all password-protected web pages, if you access them, and any derivative works incorporating or based upon them, from disclosure to persons not employed by your The Climate Registry member organization. The Climate Registry will continue to own and to protect the confidential nature of any non-public information contained on a password-protected web page even if and to the extent you incorporate it into a derivative work.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the theclimateregistry.org website, and you agree not to engage in unacceptable use of the website, which includes, without limitation, use of the site to: (a) disseminate or transmit “spam,” unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including The Climate Registry; (c) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (d) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (e) interfere, disrupt or attempt to gain unauthorized access to other profiles or accounts on the website or any other computer network; (f) disseminate or transmit viruses or any other malicious code or program; or (g) engage in any other activity deemed by The Climate Registry to be in conflict with the spirit or intent of this Agreement.

Warranties

In exchange for your access to and use of the Service, you warrant, represent and agree: (a) that you are over the age of thirteen and have the power and authority to enter into and perform your obligations under this Agreement; (b) that you have read and agree to the terms of the Privacy Policy posted on this site; (c) that you have read and will strictly observe the Acceptable Use Policy set forth above; (d) that you are solely responsible for maintaining the confidentiality of your username, password, and password-protected web pages, are responsible for all activities that occur under them, and will maintain their confidentiality; (e) that you must evaluate and bear all the risks associated with the use of any Content, including reliance on the accuracy, completeness or usefulness thereof; (f) that you shall comply with all applicable customs, laws, regulations or other governmental rules of the United States and your place of residence regarding your use of the Service and Content, and that, recognizing that the Internet and your potential use of the Service and Content is global, you are solely responsible for complying with the same and with any other local customs, laws, regulations or other governmental rules; and (g) that you will provide true, accurate, current and complete information about yourself in any communication with The Climate Registry, including email to The Climate Registry.

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE CLIMATE REGISTRY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CLIMATE REGISTRY ASSUMES NO RESPONSIBILITY FOR THE INFORMATION AVAILABLE THROUGH THE SERVICE, AND SUCH INFORMATION SHALL NOT CREATE ANY WARRANTY FROM THE CLIMATE REGISTRY.

Liability

THE CLIMATE REGISTRY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS, OR GOODWILL, WITH RESPECT TO YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF THE CLIMATE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF THE CLIMATE REGISTRY’S LIABILITY APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.