WEB SITE TERMS AND CONDITIONS OF USE

READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE. YOUR CONTINUED USE OF THE SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS OF USE.

This web site ("Site") is offered to you/user conditioned upon your acceptance without modification of the terms and conditions contained herein ("Terms of Use"). Climate Counts may revise these Terms of Use at any time by updating this posting. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by Climate Counts from its offices within the United States. Climate Counts makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE.

USE RESTRICTIONS

The contents on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and other material (collectively the "Materials") are protected under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Climate Counts and/or its licensors. Subject to your full compliance with these Terms of Use, Climate Counts authorizes you to view the Materials on the Site and download a single copy of them, but only for your own lawful, personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved.

You may not, without Climate Counts' written permission, "mirror" any Materials contained in this Site or any other server.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.

Climate Counts reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.

DISCLAIMERS

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CLIMATE COUNTS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS, STATEMENTS OR INFORMATION SHALL BE AT YOUR SOLE RISK. CLIMATE COUNTS WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.

THE SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CLIMATE COUNTS DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR PARTICULAR PURPOSE. CLIMATE COUNTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS OR ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THOUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID MATERIALS STATEMENTS OR INFORMATION.

CLIMATE COUNTS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, THAT DEFECTS WILL BE CORRECTED. CLIMATE COUNTS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CLIMATE COUNTS MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.

LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL CLIMATE COUNTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLIMATE COUNTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER SUBMISSIONS

Climate Counts does not claim ownership of any information or material a user provides to Climate Counts or post, upload, input or submit to this Site by any means, including, without limitation, by e-mail, chat room, bulletin board or blog ("Submission"). Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by Climate Counts. By making a Submission, you automatically grant Climate Counts an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. Notwithstanding the foregoing, Climate Counts is not required to use any Submissions.

You warrant and represent that you shall not transmit, post, upload, input or submit to this Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another's privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the intellectual property, proprietary, or contractual rights of any third party.

Climate Counts does not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input or submitted to this Site by users or endorse any statements, representations or opinions expressed by users. Your reliance on information or material posted, uploaded, input or submitted to this Site by other users shall be at your own risk.

Climate Counts is not responsible for screening or monitoring information or material posted, uploaded, input or submitted to this Site by users. If notified by a user of information or material posted, uploaded, input or submitted to this Site allegedly in violation of these Terms of Use, Climate Counts may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. Climate Counts shall have no liability or responsibility to users for performance or nonperformance of such activities.

Climate Counts reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use or the law, and the right to remove Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use or the law.

INDEMNITY

You agree to defend, indemnify, and hold harmless Climate Counts, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your Submissions, use of the Site or the Materials on the Site and/or your breach of these Terms of Use.

LINKS

Climate Counts requires written identification prior to the establishment of a link from any external web site to the Site. Notification shall be sent to Climate Counts at linknotification@climatecounts.org.

This Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Climate Counts of the contents on such third party web sites. Climate Counts is not responsible for the content of linked third party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites. Nor does Climate Counts make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Climate Counts endorses, is affiliated or associated with, the linked-third-party site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. If you decide to access linked third party web sites, you do so at your own risk.

PRIVACY POLICY

The Privacy Policy associated with this Site is located at http://www.climatecounts.org/privacy.html and incorporated herein by reference.

MISCELLANEOUS

This Site is based in the State of New Hampshire, United States of America. Climate Counts makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of New Hampshire. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Climate Counts with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of Climate Counts to be binding on Climate Counts. Notwithstanding the foregoing, Climate Counts, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this posting.