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Terms of Use

Last revised December 1, 2008.

Please read these terms carefully before using the ClimatePath website ("this site," "our site").

Use of this site constitutes acceptance of these Terms of Use. Please do not use our site if you do not agree with these Terms of Use. ClimatePath reserves the right to modify or amend these Terms of Use without notice. Use of our site after we post changes to these Terms of Use will mean that you accept those changes.

If you are under 18 years of age and are not an emancipated minor or have legal parental or guardian consent to accept these Terms of Use and are fully able to abide by them, do not use this site. ClimatePath does not knowingly collect information from anyone under the age of 13.

Use of Materials on this Site

ClimatePath maintains this site for education and climate change advocacy purposes. Except for User Submissions, all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, "Materials"), are the sole property of ClimatePath or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.

It is in keeping with the ClimatePath's mission to encourage public discourse and activism regarding climate change and preservation. If you would like to copy, reproduce and distribute content from this site, please request such permission by contacting info climatepath.org.

ClimatePath, its logo, and all associated graphics and taglines are registered or common law trademarks of ClimatePath. In no event may these trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any ClimatePath trademark, service mark or logo may be a violation of federal and state law.

Your User Submissions to this Site

You may submit information, text, photographs, graphics, videos, or other material (collectively, "User Submissions") to this site.

User Submissions or any opinion, recommendation, or advice expressed therein is not endorsed by ClimatePath, and ClimatePath disclaims any and all liability in connection with User Submissions.

User Submissions are public, not private communications. Personal information voluntarily disclosed through your User Submissions can be collected and used by others and may result in unsolicited messages from other people.

You agree that your User Submissions will comply with our Community Guidelines, below.

By submitting User Submissions to this site, you hereby grant ClimatePath an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and ClimatePath may sublicense all or part of its rights under this license or assign them to third parties.

By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless ClimatePath and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.

ClimatePath may refuse or remove any User Submission at its sole judgment. ClimatePath has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.

Community Guidelines

We welcome and respect your opinions, even if we don't agree with them. A respectful, courteous discourse is recommended, whereas vulgarity, threats, or personal attacks are not. We strive to keep this site a safe, informative, and constructive community for all those who visit it.

You agree not to submit, upload or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a ClimatePath employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.

Copyright Infringement

To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email to info climatepath.org. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, ClimatePath cannot guarantee your confidential use of this site. ClimatePath shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.

Account Registration and Security

You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify ClimatePath immediately if you suspect any unauthorized use of your account. Although ClimatePath will not be liable for any unauthorized use of your account, you may be liable for the losses of ClimatePath or others due to such unauthorized use.

Electronic Communications

When you visit our site or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Links to Third-Party Web Sites

We provide many links to third party web sites. Since we do not control the content or functionality of these web sites, we encourage you to review the privacy policies posted on these third-party web sites. Any link to such a third-party web site does not denote an affiliation with the web site or an endorsement of its viewpoint(s) or mission(s).

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE CLIMATEPATH SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CLIMATEPATH SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMATEPATH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CLIMATEPATH SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMATEPATH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CLIMATEPATH SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMATEPATH DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CLIMATEPATH SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CLIMATEPATH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CLIMATEPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CLIMATEPATH SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CLIMATEPATH SITE OR THE SERVICE, FROM INABILITY TO USE THE CLIMATEPATH SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CLIMATEPATH SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CLIMATEPATH SITE OR THE SERVICE OR ANY LINKS ON THE CLIMATEPATH SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CLIMATEPATH SITE OR THE SERVICE OR ANY LINKS ON THE CLIMATEPATH SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to defend, indemnify and hold harmless ClimatePath, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this site.

Pricing and Projects on Our Site

Prices and availability of projects are subject to change without notice. Project availability is further subject to the conditions of our donation terms <>. Errors will be corrected where discovered, and we reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions including after a donation has been made, whether or not the donation has been confirmed and your credit card charged. If your credit card has already been charged, ClimatePath will issue a credit to your credit card account in the amount of the charge, if requested within 30 days. Individual bank policies will dictate when this amount is credited to your account.

General Provisions

The materials on this website are presented solely for promotional purposes in the United States and Canada. This site is operated under the supervision of ClimatePath from its offices within the state of California. ClimatePath does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable.

You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over ClimatePath, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Northern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.

ClimatePath has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms of Use. In addition, ClimatePath reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by ClimatePath.