Terms and Conditions
Overview
Climate Action Evanston (Climate Action, we, us) operates this Website for your general information and personal, non-commercial use. You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Climate Action or its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. Your continued use of the Website, and/ or purchase from us, constitutes your agreement to these terms, including any changes to them. Climate Action reserves the right to change these Terms and Conditions immediately by posting the changed Terms and Conditions here. We reserve the right to refuse service to anyone for any reason at any time.
Privacy
We use the material you provide through surveys and signups for the operations of Climate Action. We do not sell or transfer your information to other entities. We may email you on behalf of our partners.
Donations, Purchases
All online purchases are considered donations and cannot be refunded, and are also governed by these terms, including without limitation the sections on warranties and indemnification below. Any adjustments to online transactions are at our discretion.
Intellectual Property
Unless otherwise indicated or public domain, the Website, content and materials, including but not limited to logos and designs, text, graphics, pictures, information, data, software, sound files (collectively, "Site Content") are the property of Climate Action and are protected by U.S. and international copyright laws. “Climate Action Evanston” and its program names are servicemarks of Climate Action.
Except as otherwise expressly provided herein, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Climate Action.
No Warranties, Indemnification
Use the website at your own risk. This website is provided “as is” and “with all faults” without warranty of any kind either express or implied. Climate Action does not represent or warrant that the Website is accurate, complete, reliable, current or error-free. Climate Action does not represent or warrant that the Website or our servers are free of viruses or other harmful components. Climate Action reserves the right to change or discontinue any aspect or feature of the Website at any time.
CLIMATE ACTION DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, logos, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice in these terms and conditions.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Climate Action and our volunteers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Climate Action, the " Climate Action Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Website; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) your violation of these Terms; and (e) your violation, misappropriation or infringement of any rights of another. You agree to promptly notify the Climate Action Parties of any third party Claims, cooperate with the Climate Action Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the Climate Action Parties shall have control of the defense or settlement of any third party Claims.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIMATE ACTION PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE WEBSITE, YOUR PARTICIPATION IN ACTIVITIES OR EVENTS NOT OFFICIALLY ORGANIZED AND HOSTED BY CLIMATE ACTION OR OTHERWISE RELATED TO THESE TERMS.
Entire Agreement, Applicable Law
These terms constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these terms.
These terms will be governed by and construed in accordance with the laws of the state of Illinois, without resort to its conflict of law provisions. If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.
