Climb4Climate

Terms of Use

Effective Date: March 20, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These terms of use are entered into by and between You and Climb for Climate (”C4C”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of all websites owned or operated by C4C including any content, functionality, and services offered on or through www.Climb4Climate.org or our other websites (the “Sites”), whether as a guest or a registered user.

By using the Sites, you signify your acceptance of these terms and conditions of use (“Terms of Use”), as well as the Privacy Statement. If you do not agree to all of these Terms of Use and the Privacy Statement, do not use the Sites.

C4C may revise these Terms of Use at any time. Your continued usage of the Sites will mean you accept those changes and comply with all applicable laws and regulations. The materials provided on the Sites are protected by law, including, but not limited to, United States copyright laws and international treaties.

Geographic Restrictions

The site’s owner is based in Massachusetts, United States. We provide the Sites for use only by persons in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Use Restrictions

The content on the Sites, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from C4C’s licensors, and other materials (the “Content”) is protected by copyright under both United States and foreign laws. The title of the Content remains with C4C. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of C4C or its licensors.

C4C authorizes you to view download and print a single copy of the Content solely for your lawful, personal, non-commercial use. You may not modify, edit, or create derivative works from Text-Based Content or reprinted materials nor are you permitted to use such Content for commercial purposes without C4C’s prior written consent. Any such download or use of the Content shall include the following copyright notice: “Copyright©2024, C4C. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Content. Except as expressly authorized in this paragraph, non-text-based Content may not be reproduced without the prior written consent of C4C and/or its licensors, as applicable, regardless of the intended use. Non-text-based Content may not be modified in any way.

Any special rules for using other items provided on the Sites may be included elsewhere and incorporated into these Terms of Use by reference. Using the Content on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to C4C and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content.

You may not, without C4C’s written permission, “mirror” any Content contained in the Sites or any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining, or other means. C4C reserves the right, in its sole discretion, to terminate your access to the Sites, or any portion thereof, at any time, for any reason or no reason at all, without prior notice or any notice.

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
  • 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).
  • To exploit, harm, or attempt 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 that does not comply with the Content Standards [LINK TO CONTENT STANDARDS] set out in these Terms of Use.
  • To transmit or procure the sending of any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites or that, as determined by us, may harm the Company or users of the Sites or expose them to liability.
Additionally, you agree not to:
  • Do not use the Sites in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of them, including their ability to engage in real-time activities through them.
  • Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • Use any manual process to monitor or copy any of the material on the Sites or for any other purpose not expressly authorized in these Terms of Use without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Sites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer, or database connected to the Sites.
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Sites.
User Submissions

The C4C Privacy Statement governs the personal information you submit to C4C. To the extent there is an inconsistency between the Terms of Use and the Privacy Statement, the Privacy Statement shall govern.

Except as provided under a specific submission practice described on the Sites or in other C4C materials made available to you, C4C does not claim ownership of any information or material a user provides to C4C or posts, uploads, inputs, submits, or transmits to the Sites (“Submission”). If you provide a Submission to C4C under specific guidelines or practices identified by C4C, such as submitting a proposal, submitting content for a C4C publication, or submitting a photograph, such Submission shall also be governed by the applicable guidelines or practices.

You agree that you will not make any Submission that is, in 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; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Sites, or which, in the judgment of C4C, exposes C4C or any of its licensors, partners, or customers to any liability or detriment of any type; or (h) post-partisan political statements aimed at influencing legislation or supporting or opposing candidates for public office, or in a manner that otherwise violates the law. All Submissions reflect the views of the individual who provided such Submission and do not necessarily reflect the opinions of C4C.

Except as provided under a specific submission practice described on the Sites or in other C4C materials made available to you, by creating a Submission, you agree that such Submission is non-confidential, non-proprietary. You may be disseminated or used by C4C. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—C4C a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, C4C is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. We do not review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Submissions provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. If notified that a Submission allegedly violates these Terms of Use, C4C may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. C4C will have no liability or responsibility to users for performance or nonperformance of such activities.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THEM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

C4C reserves the right (but is not obligated) to (a) record the dialogue on the Sites, (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Sites upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Sites, regardless of whether such Submission violates these Terms of Use.

Promotions

Any and all offers or promotions advertised on the Sites are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

Storage of Content

You agree that C4C may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content stored or transmitted through the Sites. You agree that C4C has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content stored or transmitted through the Sites.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information. We do not warrant this information’s accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE ARE PROVIDED SOLELY FOR INFORMATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE SITE. C4C AND ITS LICENSORS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT.

Your Account

If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. C4C reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Contact with Third Parties and Third Party Sites

Your interactions with a third party on the Sites or based on such third party’s participation or presence on the Sites are solely between you and the third party. You agree that C4C shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of such third party’s presence on the Sites.

The Sites may include links to third-party websites or resources over which C4C has no control. These links are provided solely for convenience to users and should not be construed as an endorsement by C4C of content on those third-party websites or resources. Your access and use of such websites or resources is solely at your own risk. C4C makes no representations or warranties concerning any such linked third-party website’s content, ownership, or legality.

Linking to the Sites and Social Media Features

You may link to our homepage, provided you do so in a fair and legal manner and do not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Sites may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on the Sites.
  • Send emails or other communications with certain content or links to certain content on the Sites.
  • This causes limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide concerning such features Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site through framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise, you may take any action regarding the materials on the Sites that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Trademarks

The C4C name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and intellectual property of C4C or its affiliates or licensors. You must not use such marks without the prior written permission of C4C. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

Disclaimer of Warranties

The use of the Sites or the Content is at your own risk. The Content on this site could include technical inaccuracies or typographical errors. C4C may make changes or improvements at any time. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, as well as for maintaining a means external to our site for any reconstruction of any lost data.

THE CONTENT IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, C4C DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. C4CDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. C4C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT C4C) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, OR ARISING FROM ANY ACT OR OMISSION BY C4C ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

Modification or Suspension of the Sites

You agree that C4C may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Sites, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

Applicable Laws

These Terms of Use are governed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You and C4C hereby expressly consent and submit to the exclusive jurisdiction of a local or federal court of competent jurisdiction in the Commonwealth of Massachusetts for the adjudication or disposition of any claim, action, or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of C4C and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

Arbitration

At C4C’ssole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

Notice and Take Down Procedures
  • If you believe any Submission accessible on or from the Sites infringes your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting C4C (address identified below) and providing the following information:
  • Identification of the copyrighted work that you believe to be infringed. Please describe the job, and where possible include a copy or the location (e.g., URL) of an authorized work version.
  • Please identify the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate it.
  • Your name, address, telephone number, and (if available) email address.
  • A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information you have supplied is accurate and indicates that “under penalty of perjury,” you are the copyright owner or authorized representative.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to the Sites is as follows:

Climb for Climate
458 Glen Road
Weston, MA 0249

In an effort to protect the rights of copyright owners, C4C maintains a policy for terminating, in appropriate circumstances, repeat infringer users of the Sites.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of C4C on the Sites, these Terms of Use, including the C4C Privacy Statement, constitute the entire agreement between you and C4C regarding the use of the Sites and Content.

Please contact us at help@climbforclimate.org if you have any questions about these Terms of Use.