Terms and Conditions
Your Acceptance of These Conditions of Use
Questions Concerning These Conditions of Use
Ownership, Copyright, and Trademark Matters
These Sites and all of their content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws. All of the rights in the Sites and their content are owned by Climate Generation, its affiliates, its licensors and other third parties. The entire content of these Sites is copyrighted as a collective work under U.S. and international copyright laws and treaties, and Climate Generation owns the copyright in the selections, coordination, arrangement and enhancement of the content.
Individual users of these Sites are permitted to download copies of the information on these Sites for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of any right, title or interest in the material you download. You may not, under any circumstances, (a) modify the information on these Sites or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the any part of these Sites or its content; or (c) remove any copyright, trademark registration, or other proprietary notices from the information. No material from these Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as expressly provided above without first obtaining written permission from Climate Generation. The use of any materials from these Sites on any other website or networked computer environment is prohibited.
Your Comments and Other Submissions
The content of any email inquiries and materials you send to Climate Generation shall be deemed to be non-confidential and shall become the sole property of Climate Generation. Climate Generation shall be free to use any such inquiries or materials for any and all purposes of its sole choosing, without payment of any compensation to you or any other person or party.
Links to Third-Party Websites
THESE SITES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMATE GENERATION AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THESE SITES, ITS CONTENTS, AND THE SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIMATE GENERATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SITE; (C) THAT THE INFORMATION ON THESE SITES IS ACCURATE, COMPLETE OR CURRENT OR THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (D) THAT THE CONTENT PROVIDED ON THESE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL CLIMATE GENERATION OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESE SITES, ANY CONTENT PUBLISHED ON THESE SITES OR ANY SERVICES PROVIDED THROUGH THESE SITES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CLIMATE GENERATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLIMATE GENERATION UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).