Foundation for Climate Restoration Terms of Use

THESE TERMS OF USE (“TERMS OF SERVICE” OR “TERMS AND CONDITIONS” OR “TERMS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF THE FOUNDATION FOR CLIMATE RESTORATION WEBSITE AND YOUR RELATIONSHIP WITH THE FOUNDATION FOR CLIMATE RESTORATION. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR INTERACTION WITH US. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF ANY FOUNDATION FOR CLIMATE RESTORATION RESOURCE.

“AGREEMENT”
THESE TERMS OF USE AND OUR SEPARATE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND THE FOUNDATION FOR CLIMATE RESTORATION (THE “AGREEMENT”). Your use of the website provides your explicit agreement to these Terms of Use.

DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”
All information contained on the Foundation for Climate Restoration website including images, articles, advice & guidance, “Q&A” and other information; Software; Materials and Equipment; Services and other related information and products are collectively referred to as “Content.”

“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of, or any employee who is acting on your behalf. “Your” refers to the ownership by you-individually-of any device, software, or other material. Company-owned devices, software and other materials are not included in this definition unless these terms are being used to describe the company, of which you are acting as a duly authorized representative.

“Foundation for Climate Restoration” or “Us”
All references to “Foundation”, “F4CR.org”, “F4CR” or “Us” refer to the Foundation for Climate Restoration.

“Services”
“Services” means any communication signup form, petition or other interactive aspect of the Foundation website.

“Materials”
“Materials” means any advice or guidance, Q&A, web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, imagery, or other works of any kind that are made available for view or download from the F4CR website – and these Materials are the proprietary and copyrighted work of the Foundation and/or its suppliers; and any hardware or other physical items provided in conjunction or connection with the delivery of Services. The definition of “Materials” does not include the design or layout of the Foundation website or any other F4CR owned, operated, licensed or controlled website, but does include all the information and Content contained within said website(s).

“Software”
“Software” means a computer program, script or batch file of any kind, whether owned by the Foundation or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both F4CR Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms” and/or “EULA”).

“Portal”
“Portal” means the website at https://foundationforclimaterestoration.org or https://F4CR.org including all pages hosted at the URL. Links to external resources (other websites, linked documents, etc.) are not considered part of the Portal.

PRIVACY POLICY
The Foundation’s Privacy Policy is an integral part of these Terms and Conditions, is incorporated here by reference, and is linked on the F4CR website. If you have not yet reviewed the Privacy Policy, then please do so prior to using our website, as you expressly understand and agree to both these Terms of Use and the Privacy Policy by using any of our resources including viewing website pages. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to the Foundation over the telephone, electronically or otherwise, is not confidential or proprietary to you unless explicitly stated. You recognize that email communications are inherently un-secure, and that the Foundation is not liable for any compromise of confidential or proprietary information sent via email.

F4CR does not record, retain or hold any of your credit card information on the F4CR.org Portal. If you choose to allow one of our 3rd party payment processors to retain your information to streamline future donations, you are accepting the terms of that 3rd party’s Terms and Conditions and Privacy Policy, and will hold the Foundation blameless and free from any liability for any loss you may incur, of any sort.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Subscriptions, Content, Services, Materials and Software are solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from Us.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Foundation website, you will not use the Content, Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Foundation server, or the network(s) connected to any Foundation server, or interfere with any other party’s use and enjoyment of any of the Foundation website, the Materials, Software or Services. You may not attempt to gain unauthorized access to any Foundation website, the Materials, Software or Services, other accounts, computer systems or networks connected to any Foundation server or to any of the Foundation website, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Foundation website, the Materials, Software or Services or information through any means other than that specifically permitted to you these terms of use.

FAIR USAGE POLICY
You may visit any page on the Foundation website as many times as you wish. You may refer others to the Foundation website, however you may not attempt to represent yourself as having any connection with the Foundation without express permission of the Foundation.

COMMUNICATIONS SERVICES
The Foundation may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with the Foundation’s employees and others as appropriate. Communications Services shall not be used for any other purpose, either commercially or non-commercially. You expressly understand that email communications are inherently un-secure, and delivery is not guaranteed. You agree that you will make no claim for any loss of data or communications connectivity associated with email communications provided by Us.

USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to communicate with Us, to send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
  7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  8. Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner, except as provided for in Your Plan Order(s).
  9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
  10. Restrict or inhibit any other user from using and enjoying the Communication Services.
  11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  12. Harvest or otherwise collect information about others, including e-mail addresses.
  13. Harvest or otherwise collect any content from the Foundation portal, including text, images, hyperlinks, or coding, except by direct viewing on a single computer, tablet or smartphone screen.
  14. Print more than 10 articles or items of content from the Foundation Portal that are not publicly available. Printing of more than 10 articles or items of content constitutes harvesting.
  15. Violate any applicable laws or regulations.
  16. Create a false identity for the purpose of misleading the Foundation or others.
  17. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
  18. Re-distribute or share any information in part or in whole that is made available to you privately.

The Foundation has no obligation to monitor the Communication Services. However, the Foundation reserves the right to review materials posted to the Communication Services and to edit or remove any materials in its sole discretion. The Foundation reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

F4CR reserves the right at all times to disclose any information as the Foundation deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Foundation’s sole discretion.

Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING 
You may not create hyperlinks to any member-only or protected portion of the Foundation Portal, nor any Materials or Software posted therein, other than the Home Page or publicly-accessible web pages. You may re-distribute a hyperlink to any F4CR publicly view-able web pages as you wish. The Foundation provides social networking links to various other services and providers, and all of these links are limited to referring back to the F4CR website. You may not alter these links in any way. The Foundation takes no responsibility for the efficacy or proper use of social networking links, nor for any effects or impacts you may experience as a result of using social networking services provided by other parties.

INDEMNITY

You agree to indemnify, defend, and hold the Foundation, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party website providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of F4CR or any other third party. You will cooperate as fully as reasonably required in the Foundation’s defense of any claim. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Foundation. You agree immediately to notify F4CR of any unauthorized use of your account or any other breach of security known to you, via email, telephone or written communications.

GUESTS; LIMITED LICENSE TO USE OF THE FOUNDATION WEBSITE
All visitors to the Portal are regarded as a “Guest”. As a Guest you may use the F4CR Portal and Materials specifically designated as available to guests on the F4CR Portal for the purposes of (a) gaining personal advice and information, (b) subscribing to information distribution services or (c) registering or otherwise signing any petitions, agreements or other documents through the Portal. The foregoing license grant is a non-exclusive, revocable license.

LIMITED LICENSES TO USE THE FOUNDATION WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the Foundation website, but you may not distribute such Materials or Software.

GENERAL LICENSE RESTRICTIONS
Any other use of the Foundation website, Services, Materials or Software, other than as explicitly permitted by the Foundation is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, or resell are all reserved to the Foundation and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of the Foundation’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in the Foundation’s ability for you to view or otherwise use the website or for the availability of any Services, Materials or Software provided by the Foundation. You hereby release the Foundation from any and all liability, and agree that the Foundation shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. The Foundation or its suppliers may, at any time, without notice or liability, restrict the use of the Service, Materials or Software, or limit its time of availability in order to perform maintenance activities and to maintain session control.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE FOUNDATION WEBSITE, OR THROUGH A SERVICE

For your convenience, the Foundation may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, text, sound or image from any Foundation website page may be copied or re-transmitted unless expressly permitted by the Foundation. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by the Foundation or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from the Foundation or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR FOUNDATION SOFTWARE
With regard to any Software made available to you by the Foundation directly through the Foundation website for which your acceptance of a separate license agreement is not required (“Foundation Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by the Foundation to use the Foundation Software (and any corrections, updates and upgrades) on one individual system. In accordance with and as required under the Service Plan you shall not make any copies of the Foundation Software. You agree that the Foundation Software is the confidential and proprietary information of the Foundation or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Foundation Software, or otherwise reduce the Foundation Software to a human readable form, modify, rent, lease, loan, use for time-sharing or service bureau purposes, reproduce, sub-license or distribute copies of the Software, or otherwise transfer the Foundation Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Foundation Software. You acknowledge that this license is not a sale of intellectual property and that the Foundation or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Foundation Software and related documentation, as well as any corrections, updates and upgrades. The Foundation Software may be used only in the country of residence at the time of acceptance of these terms for use of the Foundation Software. Export of the Foundation Software is strictly prohibited.

THIRD PARTY PRODUCTS
As part of the Services, the Foundation may suggest that you acquire, install and use certain third party software or hardware (“Third Party Products”). Each Third Party Product is licensed to you by the respective owner or licensee of the Third Party Product – not by the Foundation. You must agree to the terms and conditions set forth by such owner(s) or licensee(s) before installing or using Third Party Products, whether the Foundation assists you in the acquisition, installation, and/or use of Third Party Product(s). The Foundation has no responsibility or rights to the Third Party Products and does not license Third Party Products to you or make any representation or warranty regarding the Third Party Products. Your license to the Foundation Software shall remain in full force and effect unless and until terminated by the Foundation, its third party licensors, providers or suppliers. Upon termination of your any such third party product for any reason, you must cease all use of the third party product and/or the Foundation Software and immediately delete the Foundation Software from your computer. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY SERVICES
 As part of the Services, We may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that We may elect to make available from time to time.

LIMITED SERVICE WARRANTY
THE FOUNDATION DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO EITHER (A) ALLOW THE FOUNDATION TO RE-PERFORM THE SERVICES SUBJECT TO DISPUTE, OR (B) RE-DOWNLOAD AND RE-INSTALL THE SOFTWARE.

THE FOUNDATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. THE FOUNDATION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE FOUNDATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL THE FOUNDATION AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall the Foundation be liable to you in excess of any monetary amounts actually paid by you to the Foundation, by donation or otherwise.

LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION
The Foundation at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of the Foundation: (a) you are in breach of any of these Terms of Use (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Products; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, the Foundation’s network, or the use and enjoyment of the Foundation’s other users; (c) the Foundation receives an order from a court to terminate the Service you are availing ; (d) if the Foundation for any reason ceases to offer the Service; (e) if you no longer have an ongoing relationship with the Foundation, as a partner, donor or user, or (f) the Foundation determines that you are abusing the Service. The Foundation, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. The Foundation’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, nor of the validity and enforcement of any other provision of this agreement.

NO OFFER
The Foundation Portal is available internationally and may contain references to Foundation Services, Materials and Software that are not available in a viewer’s country. These references do not imply that the Foundation intends to make such products, services, or programs available in such country.

MODIFICATION
The Foundation reserves the right to amend these Terms and Conditions, and the Foundation Portal at any time by (a) posting a revised version of the Terms and Conditions on the Foundation Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to the Foundation in connection with signups, registration and/or donations. You are responsible for regularly reviewing the Foundation website to be notified of any amendments to the Terms and Conditions.

LAW; FORUM
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the State of California and the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.

If You have any questions about these Terms and Conditions or the Privacy Policy on the PosiTek.net® Portal, You can e-mail your inquiries to feedback@f4cr.org.