The Bay Area Chapter of the Climate Reality Project  (“we”, “us”, “our”) provides website and other electronic services subject to the terms set out below (“Terms”). By using www.ClimateRealityBayArea.org (“Website”), you accept these Terms.

Please read through the content of these Terms carefully and ensure that you understand it. If you do not understand the content of these Terms or do not accept or agree with it then you must stop using this Website immediately.

Change of Terms We may, at our sole discretion, revise or add new terms to these Terms from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which we may give by any means, including, without limitation, by posting the revised Terms on the Website. You are responsible for reviewing the Website for any modifications to these Terms that may affect your rights or obligations. Any access or use by you of the Website after changes to these Terms will constitute your acceptance of the revised terms.

Content The content on the Website, except all User Submissions, are owned by or licensed to us or The Climate Reality Project, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Climate Reality Project reserves all rights not expressly granted in and to the Website and the Content. We will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions All information, ideas, suggestions, content, messages or other communications you transmit to us concerning the materials contained on the Website will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Us and our parents, subsidiaries, and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights of others, or otherwise objectionable or likely to infringe upon the rights of third parties, which shall be in determined in our sole discretion. You also understand and agree that we may review and/or delete any content, submissions, messages, posts, etc. you submit and that we determine in our sole discretion violates these Terms of Use.

Electronic communications When you access or use our services, send emails to us, or receive electronic communications from us, you are, and consent to, communicating with us electronically. We may communicate with you by email or by posting notices on one or more of pages of the Website. You agree that all notices, disclosures, agreements, policies, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.

Disclaimer of warranties and limitation of liability The material contained on the Website has been checked for accuracy. However, we make no warranties or representations as to such material’s accuracy, and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Indemnification You agree to defend, indemnify, and hold harmless us and our parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Website.

Copyrights All content accessible from, included in, or available via the Website, or communications from the Website, such as text, graphics, logos, images, audio clips, video clips, pictures, images, and data compilations, are the sole and exclusive property of us, or one or more of its affiliates or parents, or its vendors or content providers, and is protected by United States and international copyright laws. The compilation of all content accessible from, included in, or available via the Website, or communications from the Website, such as the layout, color selection and format, is the sole and exclusive property of us or one or more of its affiliates or parents, and is protected by United States and international copyright laws.

Copyright Infringement In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe in good faith, that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We may not be able to act on your complaint promptly or at all if you do not meet the current statutory requirements. Notices and counter-notices with respect to the Website should be emailed to ClimateRealityBayArea@gmail.com.

General These Terms contain the entire understanding of you and us with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and us with respect to the subject matter hereof. Our failure at any time to enforce any of the provisions of these Terms will not be deemed or construed to be a waiver of any such provisions, or in any way to affect our right to thereafter enforce each and every provision of these Terms.

No waiver by us of any breach of any provision of these Terms will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms, which will otherwise remain in full force and effect.

Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms. These Terms will be governed by and construed in accordance with the internal laws of the State of California without regard to conflict of laws principles. Any suit brought under or in connection with these Terms may be brought only in the courts of the State of California and us and you consent to the personal jurisdiction and venue of such courts.

You and us agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Last updated: January 1, 2019