Climatebase, Inc.

Terms of Use

 

 

Last Updated:  September 5, 2025

 

Welcome to climatebase.org, a website and online service (collectively, the “Website”) owned and operated by Climatebase, Inc., a Delaware corporation (“Climatebase”, “Company”, “we,” or “us”).  This page explains the terms by which you may use our services.  By accessing or using our services, websites (including all areas of the sites), applications and software provided online and made available offline through or in connection with the services, including through a mobile device (collectively, the “Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”).  By using the Service, you agree to the Terms of Use whether or not you are a registered user of our Service.

 

PLEASE READ THESE TERMS OF USE CAREFULLY.  THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT.  THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.  THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

 

We reserve the right to amend this Agreement at any time and without notice.  If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised.  Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.  This Agreement applies to all visitors, users, Members (as defined below), and others who access the Service (“Users”). Capitalized terms not defined in this Agreement have the meanings set forth in the Climatebase Privacy Policy which is incorporated herein by reference.

 

1.      ABOUT CLIMATEBASE; USE OF OUR SERVICES

 

The Service is a place that offers online access to resources, employment opportunities, educational programs, and community initiatives intended to support individuals and organizations interested in and committed to climate action, sustainability, and conserving the natural resources of our planet.  By enabling Users to find, view, and learn about its offerings, Climatebase aims to foster a community dedicated to innovation, climate solutions, and personal and professional development.

 

Climatebase grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

 

2.      ELIGIBILITY

 

Use of and Membership in the Service is void where prohibited.  The Service are intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement.  Climatebase may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.  If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO THE REGISTRATION OF YOUR CHILD WHO IS 13 YEARS OF AGE OR OLDER WITH THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO, THROUGH, AND IN CONNECTION WITH SUCH REGISTRATION AND USE.

 

3.      TERM AND TERMINATION

 

This Agreement shall remain in full force and effect while you use the Service and/or are a Member.

 

You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s account settings page.

 

Climatebase may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in our sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.

 

 

 

 

4.      COMMUNICATIONS

 

A.    Email Address.  If you fill out our “Contact Us” form, or if you set up a Membership Account on the Service, you will be asked to supply your email address.  You agree that the email address you submit is your own, and you agree not to use the email address of another person at any time.  You agree to notify Climatebase immediately if you suspect any unauthorized use of your email address by Climatebase.  Although Climatebase will not be liable for your losses caused by any unauthorized use of your email address, you shall be liable for the losses of Climatebase or others due to such unauthorized use.  

 

B.     Notifications.  By providing Climatebase with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail.  We may also use your email address to send you other messages, including changes to Climatebase features, marketing messages, and special offers.  If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at team@climatebase.org or by sending mail to the following postal address:

 

Climatebase

2908 Bush Street

San Francisco, CA 94115

 

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

 

5.      MEMBER ACCOUNTS

 

In order to enjoy certain features of the Service, including access to premium Content, live programs, on demand Content, registrations for events, and other aspects, You will need to register with Climatebase and create a “Member” account by direct registration on the site or via the third party authentication method of your authorized LinkedIn social networking account.

 

Your membership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your Member Profile.

 

  1. Password And Email.  When you sign up to become a Member, you will also be asked to choose a username, permanent password and supply your email address.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify Climatebase immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account, and the activity that occurs on your account, and you must keep your account password secure.  You must notify us immediately of any breach of security or unauthorized use of your account.  Although Climatebase will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Climatebase or others due to such unauthorized use.

 

  1. Requirements.  Member accounts are for your personal, non-commercial use only, and are limited to one account per person.  When creating your account, you must provide accurate and complete information.  It is a condition of your use of the Service as a registered user that all the information you provide on the Service is correct, current, and complete.  You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts.  Additionally, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor). You may never use another Member’s account without permission.  Although Climatebase will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Climatebase or others due to such unauthorized use.

 

  1. Member Profile. As part of your Member account, you may create and maintain a Member profile (“Profile”) that allows you to specify your employment preferences, professional background, and career interests. Through your Profile, you may: (i) set preferences concerning types of employment opportunities, industries, locations, and other job-related criteria; (ii) elect to receive automated job alerts and notifications based on your specified preferences; and (iii) choose to make your Profile visible and accessible to potential employers and recruiters who use the Service. You acknowledge that by electing to make your Profile available to potential employers, you are consenting to the disclosure of your Profile information to third parties for employment-related purposes. You may modify your Profile settings, including your visibility preferences, at any time through your account settings. You are solely responsible for the accuracy and completeness of all information in your Profile, and you agree to keep your Profile information current and up-to-date. Climatebase does not guarantee that making your Profile visible will result in employment opportunities, interviews, or job offers, and we are not responsible for how potential employers use or respond to your Profile information.

 

6.      CONDITIONS OF USE

 

  1. Non-Commercial Use By Members.  The Service is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Climatebase.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.  Illegal and/or unauthorized use of the Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited.  You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.  Appropriate legal action will be taken for any illegal or unauthorized use of our Service.

 

  1. Restrictions.  Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Service or any element thereof (including any content, software, code, data or materials used in or available on the Service) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Service or any element thereof (including any content, software, code, data or materials used in or available on the Service) not intended to be so read (this includes using or directly viewing the underlying code from the Service except as interpreted and displayed in a web browser for our Website or via a mobile device for our applications).

 

  1. Compliance.  As a condition of your access to and use of the Service, you agree that you will not use the Service or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use.  You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Service from a jurisdiction where such access or use illegal or unauthorized.  By way of example, and not limitation, you agree that while using the Service and the various services and features offered on or through the Service, you shall not:

 

(i)                 impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

 

(ii)              reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, government identification number, credit card information or any other information that could be used to track, contact or impersonate that person;

 

(iii)            insert your own or a third party’s advertising, branding or other promotional content into any of the any services, content, functions, information, materials, courses, Content, or programming available through the Service; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;

 

(iv)             engage in data mining, spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from or through the Service or the services offered on or through the Service;

 

(v)               obtain or attempt to obtain unauthorized access to computer systems, materials, content, data or information that is not intentionally made publicly available by Climatebase through any means, including through password mining;

 

(vi)             use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service in violation of the intellectual property or other proprietary or legal rights of Climatebase or any third party;

 

(vii)          frame or link to the Service without our express written permission or as otherwise expressly permitted pursuant to Section 9 below;

 

(viii)        use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service for purposes of money laundering, bribery, corruption, terrorism, tax crimes, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;

 

(ix)             engage in activities, or use the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service, in a manner that could damage, disable, overburden, or impair the Service or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party’s use and enjoyment of the Service;

 

(x)               use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, disenable or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Climatebase or any third party; or

 

(xi)             attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Service or any services, content, functions, information, materials, courses, Content, or programming available through the Service.

 

7.      BILLING AND PAYMENTS

 

  1. General.

You acknowledge that Climatebase may charge a fee for the use of any Service, provided that Climatebase notifies you of any such fee before you incur it.  Subject to the foregoing, you agree to pay any fees incurred by you. Member agrees to pay for all purchases ordered through the Website using the payment method indicated and provides Climatebase express authorization to charge said fees to the Member’s payment provider at time of purchase.  Fees owed depend on the specific type and quantity of Company products, services, or deliverables (collectively “Deliverables”) ordered.  Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member.  If payment is not current, Climatebase may immediately cease to provide any and all Deliverables to the Member.

It is the Member’s responsibility to promptly provide Climatebase with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.).  Account updates should be made online via the “My Account” section, once member has logged into the Service.  For purchases, Climatebase does not validate all credit card information required by the Member’s payment provider to secure payment.

Fees may be charged, fulfilled, and processed by an authorized third-party provider of Climatebase, in which case any refunds, charge-backs, returns or product substitutions will be subject to the discretion and policies of such third party provider.  Climatebase does not store or retain your credit card information; such payment fulfillment functions are performed by our third-party service provider, and your submission of your information to such provider is subject to the online policies of such provider which processed your order.

 

All sales are final, non-cancelable and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

 

  1. Prices.  All pricing is in United States dollars.  Prices are current at the time of publication and are subject to change without notice. 

 

  1. Order Confirmation.  Climatebase may send a summary of your purchase to the email address you provided to our Service.  You should receive a confirmation after concluding your transaction. If you do not receive a confirmation, if you receive an error message, or if you discover an error in the information provided, contact customer service immediately at info@climatebase.org to ensure your transaction was completed and that your information is correct. Climatebase cannot be responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation.  Information sent to the email address you provide will be deemed to be delivered to you, regardless whether you check your email, provide an incorrect address, or if the message is marked as “junk” or “spam.”

 

  1. Discrepancies.  The User must notify Climatebase about any billing problems or discrepancies within sixty (60) days after charges are incurred. If it is not brought to Climatebase’s attention within 60 days, User agrees to waive their right to dispute such problems or discrepancies.

 

  1. Taxes.  Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member’s purchase.  If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

 

8.      LICENSE GRANT

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Climatebase reserves all rights not expressly granted herein in the Service and the Content (as defined below).  Climatebase may terminate this license at any time for any reason or no reason.

 

9.      OUR PROPRIETARY RIGHTS

 

  1. Intellectual Property Rights.  For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

  1. Content.  Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Climatebase and its licensors.  Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.  Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

  1. Ideas and Comments.  You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Climatebase under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you.  You acknowledge that, by acceptance of your submission, Climatebase does not waive any rights to use similar or related ideas previously known to Climatebase, or developed by its employees, or obtained from sources other than you.

 

10.  USER CONTENT AND USER CONTENT RESPONSIBILITY

 

  1. User Content.  Some areas of the Service may allow Users to post feedback, comments, questions, data, text, images, job listings, photos, video, sounds, musical works, works of authorship, materials and other information (“User Content”).  You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Climatebase will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.  All such User Content is owned by the User who posted it to the Service.  Climatebase does not have, nor does it claim, any ownership rights in any User Content.

 

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined above), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

 

  1. Responsibility For User Content.  Climatebase takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.  In the event that you elect to download User Content, Climatebase recommends that you only download or access files from a trusted source and implement security measures to scan downloaded files for contaminants. Climatebase disclaims any responsibility or liability relating to your access to or downloading of User Content.  Climatebase is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Climatebase shall not be liable for any damages you allege to incur as a result of such User Content.

 

  1. Additional Representations And Warranties.  You shall be solely responsible for your own User Content and the consequences of posting or publishing it.  In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

 

(i)                 You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

(ii)              Your User Content and our use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and/or rights of publicity.

 

  1. Job Listings.  With respect to job listings posted as User Content on the Service, you acknowledge and agree that:

 

(i)                 Disclaimer of Responsibility. Climatebase serves solely as a platform for the posting and viewing of job listings and does not participate in, control, or influence any hiring decisions, employment practices, or the actual employment relationship between employers and job seekers. Climatebase is not an employment agency, recruiter, or employer and does not guarantee job placement, interview opportunities, or employment outcomes.

 

(ii)              Employer Compliance Obligations. Employers posting job listings represent and warrant that: (i) all posted positions are bona fide job opportunities; (ii) job listings comply with all applicable federal, state, and local employment laws, including but not limited to equal employment opportunity laws, wage and hour laws, and immigration laws; (iii) job descriptions accurately reflect the position requirements, duties, and compensation; and (iv) the employer has the authority to hire for the posted positions.

 

(iii)            Anti-Discrimination Requirements. All job listings must comply with applicable anti-discrimination laws. Job listings may not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, or other protected characteristics under applicable law. Climatebase reserves the right to remove any job listing that appears to violate anti-discrimination requirements.

 

(iv)             Accuracy and Verification. Climatebase does not verify the accuracy, legitimacy, or legal compliance of job listings. Job seekers should independently verify job opportunities, employer credentials, and terms of employment. Climatebase is not responsible for fraudulent, misleading, or inaccurate job postings.

 

(v)               Third-Party Liability. You acknowledge that Climatebase has no control over and assumes no responsibility for the conduct of employers or job seekers, the quality or safety of jobs posted, workplace conditions, employment terms, or any disputes arising from employment relationships formed through the Service.

 

 

 

 

11.  DMCA COPYRIGHT POLICY

 

You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.  It is the policy of Climatebase to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Climatebase by the copyright owner or the copyright owner’s legal agent.

 

Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please provide this information to:

 

Copyright Notices

Climatebase

2908 Bush Street

San Francisco, CA 94115

            Email: info@climatebase.org  

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Climatebase and its affiliates that your copyrighted material has been infringed.  The preceding requirements are intended to comply with Company’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice.  It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

In accordance with the DMCA and other applicable law, Climatebase has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. Climatebase may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

 

12.  MOBILE USE

 

Though you may access the Service via a mobile device, Climatebase shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Climatebase such as (for example) defects, latency, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

 

13.  PRIVACY

 

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

 

14.  SECURITY

 

Climatebase has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes.  You acknowledge that you provide your personal information at your own risk.

 

15.  THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES

 

Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.  You agree that Climatebase shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

16.  INDEMNITY

 

You agree to defend, indemnify and hold harmless Climatebase and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, 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 the Service, including any data transmitted or received by you; (ii) your purchase or use of any products through the Service; (iii) your placement or transmission of any message, content, information, software or other materials through the Service; (iv) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (v) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (vi) your violation of any law, rule or regulation of the United States or any other country; (vii) any claim or damages that arise as a result of any information that is submitted via your account;  (viii) any other party’s access to and/or use of the Service with your unique username, password or other appropriate security code; or (ix) any employment-related claims, disputes, or liabilities arising from or relating to job listings posted on the Service, including without limitation: (A) any hiring decisions, employment practices, or workplace conditions of employers who post job listings; (B) any claims of employment discrimination, harassment, wrongful termination, wage and hour violations, or other employment law violations by employers or against job seekers; (C) any fraudulent, misleading, or inaccurate job postings; (D) any disputes between employers and job seekers regarding employment terms, compensation, or working conditions; (E) any workplace injuries, safety violations, or other harm occurring in connection with employment obtained through job listings on the Service; (F) any failure by employers to comply with applicable employment laws, licensing requirements, or hiring regulations; (G) any claims arising from background checks, reference checks, or other screening activities conducted by employers; and (H) any violation of immigration laws or work authorization requirements related to positions posted on or obtained through the Service.

 

17.  NO WARRANTY

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLIMATEBASE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

CLIMATEBASE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND CLIMATEBASE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

18.  LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIMATEBASE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. CLIMATEBASE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL CLIMATEBASE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIMATEBASE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CLIMATEBASE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CLIMATEBASE HEREUNDER.

 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CLIMATEBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

19.  DISPUTES

 

PLEASE READ THIS SECTION CAREFULLY. IT INCLUDES A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICE AND/OR ANY ASPECT THEREOF TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.

 

You and Climatebase agree that any dispute, controversy, or claim that has arisen or may arise between us relating in any way to your use of or access to the Service, any interpretation, breach, enforcement, or termination of these Terms of Use, or otherwise relating to Climatebase in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 19.

 

  1. Informal Resolution.  If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@climatebase.org, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of your issue.

 

  1. Applicable Law.  The laws of the State of California, and applicable federal law, will govern all Covered Matters. California conflicts of law rules shall apply.

 

  1. Arbitration.  Subject only to the optional exceptions in Paragraph 19(E) below, You and Climatebase each agree that any and all disputes, claims, or controversies that have arisen, or may arise, between you and Climatebase relating in any way to or arising out of this or previous versions of the Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, your use of or access to our Service, or any products of services sold, offered or purchased through Climatebase’s Service shall be resolved exclusively through final and binding arbitration rather than in court.  Any claims arising out of, relating to, or connected with these Terms of Use not resolved through Informal Resolution pursuant to paragraph 19(A) above must be asserted individually in a binding arbitration to be administered by JAMS/Endispute, LLC (“JAMS”) in San Francisco County, California pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Both parties further agree that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. The arbitrator shall strictly apply California substantive law and the California Rules of Evidence. BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. You agree, in the event that multiple separate demands for arbitration are filed concerning a single transaction or occurrence, or that seek the same or similar relief, that the arbitrator may relate or consolidate the separate demands and take such further actions as the arbitrator deems necessary and appropriate to streamline all related or consolidated proceedings.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, any claim that all or any part of these Terms of Use is void or voidable or that a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

  1. Award.  You agree and acknowledge that in any award to be granted by the Arbitrator, your rights and remedies against us or any other party related to the Service shall be limited to an action at law for money damages, and you hereby waive all other rights and remedies you may have at law or in equity (including, without limitation, injunctive relief, rescission, cancellation, and termination of this Agreement or the right to enjoin or restrain the advertisement, promotion, marketing or exploitation by Climatebase or any third party in connection with the Service and/or any rights or activities hereunder in any and all manner of media whatsoever, whether now known or hereafter devised). For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Climatebase user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

  1. Exceptions.  There are only two exceptions in which the parties may elect to seek resolution outside of Arbitration before JAMS:

 

(i)                 First, if we reasonably believe that you have in any manner infringed upon or violated or threatened to violate or infringe any of our Intellectual Property Rights, privacy rights, publicity rights, or data security, in which case you acknowledge that there may be no adequate remedy at law and we may seek injunctive or other appropriate relief in any court of competent jurisdiction, without any attempt at informal resolution pursuant to paragraph 19 (a) above.

 

(ii)              Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in San Francisco County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

 

  1. Costs Of Arbitration.  Payment of all filing, administration, and arbitrator fees will be governed by JAMS Rules, unless otherwise stated in this agreement to arbitrate.  If the value of the relief sought is $5,000 or less, at your request, Climatebase will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement.  In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Climatebase is relieved of its obligation to reimburse you for any fees associated with the arbitration.  The prevailing party shall be entitled to an award of all attorneys’ fees, costs and expenses incurred by it in connection with the dispute.  “Attorneys’ fees and expenses” includes, without limitation, paralegals’ fees and expenses, attorneys’ consultants’ fees and expenses, expert witness’ fees and expenses, and all other expenses incurred by the prevailing party or its attorneys in the course of their representation of the prevailing party in anticipation of and/or during the course of the litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law; and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

 

  1. Future Amendments To The Agreement To Arbitrate.  Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Climatebase prior to the effective date of the amendment.  The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Climatebase.  If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

 

  1. Judicial Forum For Legal Disputes.  Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because of an election pursuant to Paragraph 19(E) above, you agree that any claim, controversy, or dispute that has arisen or may arise between you and Climatebase must be resolved exclusively by a state, federal, or small claims court located in San Francisco County, California.  You and Climatebase agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

 

  1. Opt-Out.  IF YOU ARE A NEW Climatebase USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@CLIMATEBASE.ORG  (“OPT-OUT NOTICE”) OR VIA US MAIL TO: Climatebase, 2908 Bush Street, San Francisco, CA 94115.  THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.  IF YOU ARE NOT A NEW Climatebase USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

In order to opt-out, the Opt-Out Notice must be sent by email or physical mail as set forth immediately above and the Opt-Out Notice must contain your name, complete address (including street address, city, state, and zip code), and email address(es) associated with your Member account(s) to which the opt-out applies.  This procedure is the only way you can opt out of the agreement to arbitrate.  If you opt out of the agreement to arbitrate, all other parts of these Terms of Use and its Disputes Section will continue to apply to you.  Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Waiver.  BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), A JURY TRIAL, OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

 

  1. Statute Of Limitations And Waiver Of Claims.  REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER WAIVED AND BARRED.

 

20.  AVAILABILITY AND USE OUTSIDE OF THE UNITED STATES

 

The Service is controlled and operated from facilities in the United States.  Climatebase makes no representations that the Service is appropriate or available for use in other locations.  Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.  Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States.  Notwithstanding the foregoing, Climatebase retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.

 

21.  NOTIFICATION PROCEDURES

 

Climatebase may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Climatebase in our sole discretion. Climatebase reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

 

22.  NOTICE TO CALIFORNIA USERS

 

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

23.  TRADEMARKS

 

“Climatebase”, “Climatebase”, and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Climatebase.  Climatebase trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Climatebase.  All other trademarks not owned by Climatebase that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Climatebase.

 

24.  GENERAL

 

  1. Entire Agreement.  This Agreement, together with any other legal notices and agreements published by Climatebase via the Service, shall constitute the entire agreement between you and Climatebase concerning the Service.

 

  1. No Waiver.  Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

 

  1. Headings.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

  1. Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Climatebase without restriction.

 

  1. Severability.  If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any questions regarding this Agreement, please contact us at team@climatebase.org.