Effective date: February 26, 2020
[We need to make users aware of these Terms and obtain their consent thereto.]
These Berkeley Earth Terms and Conditions (the “Terms”) govern your use of the Website (as that term is defined below). By accessing the Website, you agree to be bound by these Terms. You may use the Website only if you comply with these Terms and all applicable laws and are not barred from such use under the laws of any applicable jurisdiction.
“We”, “our” and “us”, refer to Berkeley Earth, a California 501(c)3 nonprofit organization (EIN: 46-2032196).
“You” and “your” refer to each user of the Website and, as applicable, any individual or entity on behalf of which such individual uses the Website.
“Website” means the Website at https://www.berkeleyearth.org/.
Permissible Users
By using the Website, you represent that you are at least 18 years of age or the age of majority in your jurisdiction (whichever is greater). If you are under 18 years of age or you are a minor in your jurisdiction, you may not use the Website.
Your License Rights and Restrictions
So long as you comply with these Terms, we hereby grant to you a limited, revocable, nontransferable, non‑sublicensable license to use the Website.
You may print pages from the Website for your own personal use. You may not otherwise reproduce, copy or distribute the Website or any portion thereof.
Without our prior written permission, you may not frame the Website, whether via iframes or otherwise. Any technique that alters the visual presentation or appearance of the Website, or that makes it appear that the Website or any portion thereof is part of another website, is expressly prohibited.
We may terminate some or all of your rights with respect to the Website for reasons that include, but are not necessarily limited to, your failure to comply with any of these Terms
Your Representations and Warranties
You represent and warrant that you reside in the United States of America, or that you reside in another country in which use of the Website is permitted under applicable law. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You represent and warrant that you have the capacity to enter into a valid contract.
If you are using the Website on behalf of another individual or any entity, you represent that you currently have, and you warrant that so long as you continue to use the Website you will continue to have, all authority required to use the Website on behalf of that individual or entity and to bind that individual or entity to these Terms.
Indemnification
You will indemnify, defend (at our request) and hold us, our directors, officers, employees, agents, representatives, affiliates, partners, suppliers, distributors, and licensors harmless from and against any and all claims, damages, losses, costs (including attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of the Terms or any misrepresentation made by you; (b) your use the Website; (c) your violation of any right of any third party; or (d) your failure to comply with any law, statute, ordinance, or regulation. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent
Our Ownership Rights
We and, as applicable, our licensors retain all right, title and interest in and to the Website and all intellectual property rights therein.
Our Disclaimer of Warranties
Your access to and use of the Website is at your own risk. You agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Website and your use thereof. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website. We will not be responsible or liable for any harm that results from your access to or use of the Website. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis; that the Website or the server that makes the Website available is free from any harmful components, including, without limitation, viruses; or that your use of the Website is lawful in any particular jurisdiction. No advice or information, whether oral or written, obtained from us or through the Website will create any warranty not expressly made herein.
Our Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS, DISTRIBUTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE OR GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION, OR ANY INFORMATION OBTAINED FROM THE WEBSITE, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US, OR ANY OF OUR AFFILIATES, OR ANY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARISE FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY AND THAT OF OUR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Choice of Law, Jurisdiction and Forum; Time for Filing Cause of Action
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your state or country of residence.
For any claim related to these Terms or the Website, excluding claims for injunctive or other equitable relief, either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration will initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Neither you nor we will have the right to participate in a class action, either as a class representative, class member or class opponent; act as a private attorney general; or join or consolidate claims with claims of any other person or involving any other transaction. No court, arbitrator or other forum will have authority to conduct any such class, private attorney general or multiple-party proceeding with respect to any cause of action arising under or relating to these Terms.
Entire Agreement
These Terms are the entire agreement between you and us regarding the Website and all other matters governed by these Terms.
We may revise these Terms from time to time. If any revision is material, we will notify you via the Website or by other means. By continuing to access or use the Website after any revision becomes effective, you agree to be bound by the revised Terms.
General
A party’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such, or any other, right or provision.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may assign any of our rights or obligations under the Terms without notice to you.
There are no third-party beneficiaries of these Terms