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Privacy Policy

CLIMATE EARTH Privacy Policy

Last Updated September 22, 2022

Your privacy is important to Climate Earth, Inc. (“Climate Earth”, or “us” or “we”) and we take our obligations regarding your privacy seriously.

This Privacy Policy describes how we collect, use, share, and other process any personally identifiable information (“personal information” or “personal data“) when you access or use our website at https://climateearth.com/ (“Website”), and when you sign in to use our EDP generators, design tools, and any other online services we make available (collectively, the “Services”). The categories of information we collect will depend on your interactions with us.

By using our Services, you agree to the terms and conditions contained in this Privacy Policy and you consent to the processing of your data in accordance with this Privacy Policy.

  1. What Data We Collect.

    Climate Earth collects the following types of personal information:

    1. Information You Provide.

      If you sign up online to request a consultation with us, attend one of our demonstrations or webinars, sign up to receive our newsletters, fill out a form to contact us, create an account to use the Services, or submit a support request, we collect the information you provide, which may include personal information such as: (1) your first and last name, (2) organization name, (3) job title, (4) email address, (5) phone number, (6) location information including state/province and country, and (7) where applicable, a user-generated password for your account. If you provide us with feedback or contact us via email (e.g., in response to an employment opportunity posted on our Website), we will collect your name and email address, as well as any other content or information included in or attached to your email, in order to send you a reply.

      We may combine the information we collect directly from you with information we obtain from public sources, partners, and other third parties and use such combined information in accordance with this Privacy Policy.

    2. Information We May Collect via Technological Means.

      When you login to use one of our EPD generators or other solutions, we collect any data you select and upload in order to provide the Services to you, and such data may or may not include personal information. Our systems also can automatically collect certain technical data about your device and software, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a time stamp of your visit. We automatically gather this data and store it in log files each time you visit our Website or access your account on our network.

      We may also directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends in connection with our Services. We use various technical mechanisms such as cookies, web beacons and similar tracking technologies to monitor how users use our Services. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. “Web beacons” refer to various tracking technologies used to check whether you have accessed some content on our Services. We use cookies for the following purposes, specifically:

      • Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the website. The information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
      • Functional Cookies: These cookies can allow us to provide enhanced functionality and personalization when you visit our website, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these features may not function properly.
      • Strictly Necessary Cookies: These cookies are necessary for the Services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, logging in, or filling in forms.

      We may link the information we store in cookies or through other mechanisms to the personal information you submit while using our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services.

      You can remove persistent cookies at any time by following the directions in the “Help” section of your Internet browser. You can also disable all cookies on your Internet browser, however some components of our Services may no longer function work properly.

      Our partners, affiliates and other service providers may use cookies and other technologies to improve the quality of your experience when you interact with our Services. We may receive reports based on the use of certain technologies by these companies on an individual and aggregated basis.

    3. Third-Party Online Analytics Services.

      In connection with our website and emails, we may third-party online analytics services, such as those of Google Analytics. These analytics services use automated technologies to collect information (such as email address, IP address, and device identifiers) to evaluate, for example, use of our products and services and to diagnose technical issues. To learn about how Google Analytics collects and processes data, you can visit www.google.com/analytics/learn/privacy.html and also www.policies.google.com/technologies/partner-sites.

  2. How We Use the Data We Collect.

    We use your personal information to respond to your requests, to provide, secure, and enhance the Services, and to comply with our legal obligations. Climate Earth uses your personal information for the following purposes as necessary and as permitted by applicable law:

    • Facilitate the creation and secure use of your account on our Services
    • Identify you as a user of our Services
    • Provide and administer your use of the Services
    • Personalize and improve the quality of your experience when you interact with our Services
    • Send you administrative e-mail notifications, such as security or support and maintenance messages
    • Respond to your inquiries and requests
    • Provide you with newsletters or surveys
    • Determine which of our Services may be of interest to you
    • Send you information about upgrades and special offers related to our Services
    • Comply with applicable laws and regulatory requirements
    • Respond to lawful requests, court orders and legal process
    • Protect our legal interests or those with whom we do business

    We may also compile statistical or anonymized, non-personally identifiable information and use or transfer such information for any purposes; provided, however, that such data has been fully de-identified and cannot in any way be traced back to you and does not contain any personally identifiable information. We may also disclose such anonymized information publicly to show trends about the general use of our Services.

  3. Information Sharing and Disclosure.

    To the extent permitted by applicable law, Climate Earth may disclose your personal information in the following circumstances:

    1. Service Providers.

      We may engage our affiliates or third-party companies or individuals to support us in connection with the purposes listed above, such hosting providers, subcontractors, and third-party payment processors.

    2. Law Enforcement.

      It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Climate Earth to disclose your personal information. We may also disclose your personal information if we determine disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.

    3. Business Transfer.

      We may share your personal information if Climate Earth engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Climate Earth’s assets, financing acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

    4. Prior Consent.

      We may also disclose your personal information with your prior consent. Service providers acting on our behalf are obliged to adhere to confidentiality requirements no less protective than those set forth herein, and will only receive access to your personal information as necessary to perform their functions.

  4. How We Protect Your Data – Security.

    Climate Earth’s platform provides a highly robust security model protecting data down to the cell level, controlling individual user functionality and controlling application access. Security is implemented at five different layers in production systems: User level Authorization and Authentication, Application Level Access and Control, Data Level, Data Transmission Level, and Backup and Recovery. Despite these efforts, Climate Earth like any other online service provider cannot warrant or guarantee 100% that your personal information will be secure in all circumstances.

  5. Your Data, Your Choice.

    Please note if you are a California resident, please see “Additional Information for California Residents” below for more information about your privacy rights under California law.

    1. Opt-Out.

      We offer you choices regarding the collection, use, and sharing of your personal information. Where permitted by applicable law, we may periodically send you free newsletters and e-mails that directly promote the use of our products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy and similar administrative notices.

    2. Ability to Edit or Delete Your Personal Information.

      You may edit any of your personal information in your account on the Services by editing your account profile. You may also request that we delete your account information by sending an email to privacy@climateearth.com , but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Climate Earth will respond to such requests within thirty (30) days or sooner if required by applicable law. When we delete account information, it will be deleted from the active database, but may remain in our archives for a limited amount of time. We will otherwise retain your information for as long as your account is active, as needed to provide you with the Services you have requested, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    3. Information Processed Under the Direction of Customers.

      If a business or other organization has registered for the Services (a “Customer“) and your personal information has been collected by Climate Earth as a result of such organization’s use of the Services, Climate Earth collects and processes any such personal information of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any personal information that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.

  6. Links to Third-Party Sites.

    Our provision of a link to any website or location outside of the Services is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect data, including personal information, from you. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. We encourage you to carefully read the privacy statement of any other website you visit.

  7. Cross Border Data Transfers.

    Climate Earth is located in the United States. By accessing or using the Services, or otherwise providing information to us, you understand that your information may be subject to processing, transfer, and storage here and in other locations. In the event that Climate Earth transfers your personal information from the European Union, United Kingdom, and other countries in the European Economic Area (“EEA”) to a country which is not subject to an adequacy decision by the European Commission or which may not provide for the same level of data protection as the EEA, Climate Earth will ensure that the recipient of your personal information offers an adequate level of protection. This may include such measures as entering into standard contractual clauses for the transfer of data as approved by the European Commission, gaining your prior consent, or other appropriate measures in accordance with applicable law.

  8. Additional Information for California Residents.

    If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

    1. How We Source, Use, and Disclose Information for Business Purposes.

      The following chart details the categories of personal information we collect, the sources of such personal information, and how we use and share such information for business purposes.

      Categories of Personal Information Collected Sources of Personal Information Purposes for Use of Personal Information Disclosures of Personal Information for Business Purposes
      • Contact information (e.g., name, email address, phone number, mailing address including state/province, country)
      • You
      • Public sources
      • Partners
      • Provide the services and customer service
      • Communicate with you
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Third-party services you select
      • Financial and transactional information (e.g., payment account information and purchase history)
      • You
      • Payment processors
      • Provide the services and customer service
      • Facilitate your payments
      • Communicate with you
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Payment processors
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Login information (e.g., your account name and password)
      • You
      • Provide the services and customer service
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Device and online identifier information (e.g., IP address, browser type, operating system, general location inferred from IP address, and similar information)
      • You, through your device
      • Provide the services and customer service
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Service usage information (e.g., the dates and times you use the services, how you use the services, and the content you interact with on the services)
      • You, through your device
      • Provide the services and customer service
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent

    2. Your California Privacy Rights.

      If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

      • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
      • Provide access to and/or a copy of certain personal information we hold about you.
      • Delete certain personal information we have about you.
      • Provide you with information about the financial incentives that we offer to you, if any.

      The CCPA further provides you with the right not to be discriminated (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our services to you. We also will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

      If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a California consumer’s behalf, please contact us at privacy@climateearth.com.

      The CCPA provides certain rights if a company “sells“ personal information, as such term is defined under the CCPA. We do not engage in activities that would be considered “sales“ of personal information under the CCPA.

      Shine the Light Disclosure: The California “Shine the Light“ law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

  9. Additional information for Nevada residents.

    Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person or that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased products or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@climateearth.com . Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

  10. Changes to Our Privacy Policy.

    Climate Earth reserves the right to change this Privacy Policy. Climate Earth will provide notification of material changes to this Privacy Statement through our Website and, where appropriate, when you login to your account or by email to any email address of yours we may have on file, at least thirty (30) days prior to the change taking effect.

  11. Contact Us.

    Climate Earth welcomes your comments, questions, and concerns regarding our Privacy Policy. Please contact us at privacy@climateearth.com or at our mailing address below:

    Climate Earth, Inc.

    137 Park Place, Suite 204

    Point Richmond, CA, 94801

    (415) 391-2725

Supplemental GDPR Privacy Statement

This Supplemental GDPR Privacy Statement is relevant to any individual located in the EEA who uses our Services.

European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR“), requires Climate Earth to provide additional and different information about its data processing practices to data subjects in the EEA. If you are accessing the Services from a member state of the EEA, this Supplemental GDPR Privacy Statement applies to you.

For purposes of the GDPR, Climate Earth, Inc., 137 Park Place, Suite 204, Point Richmond, CA, 94801, is the data controller of your personal information. Where processing of personal information is undertaken by our affiliates, subsidiaries or related entities, they are a joint controller with Climate Earth.

Legal Basis of Processing. In general, the legal basis for Climate Earth’s processing of your personal data in connection with the Services is Article 6(1)(b) of the EU GDPR, which allows processing of personal data as necessary for the performance of a contract. When you access, use, or register for our Services, you form a contract with us based on the applicable terms of use or terms of service, and Climate Earth needs to process your personal data to provide the requested Services.

As exceptions, Climate Earth relies on your consent with respect to cookies that are not strictly necessary and direct marketing emails per Article 6(1)(a) of the EU GDPR; and pursues legitimate interests under Article 6(1)(f) of the EU GDPR with respect to situations where Climate Earth needs to process your personal data to comply with applicable laws (as a U.S.-based company, Climate Earth is subject to U.S. laws and must comply with them) or processes your personal data to improve our business and Services.

Personal Data Transfers outside of the EEA. Climate Earth may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. As required by applicable law, Climate Earth will provide an adequate level of protection for your personal data using various means, including, where appropriate:

  • relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here:
    EDPB meets with adequate countries | European Data Protection Board )
  • entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC) as the same are updated or amended from time-to-time
  • implementing appropriate physical, technical and organizational security measures to protect your personal information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing, and
  • taking other measures to provide an adequate level of data protection in accordance with applicable law

Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

Data Retention. Climate Earth keeps personal data as long as required to provide the Services you have requested or registered for and comply with applicable laws.

Data Subject Rights. You, as a “data subject” have a right to request from Climate Earth access to and rectification or erasure of your personal data or restriction of processing concerning you, as well as the right to data portability under the GDPR. You also have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. In general, you have the right to object to our processing of your personal data for direct marketing purposes. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You can exercise such rights by accessing the information in your account, or submitting request by email to privacy@climateearth.com.

If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

Your Choices. You are not required to provide any personal data to Climate Earth but if you do not provide any personal data to Climate Earth, you will not be able to use the Services. You can use the Services without consenting to cookies that are not strictly necessary; the only consequence is that our Services will be less tailored to you or you will not receive our marketing emails, newsletters, and similar communications.

Profiling. The Services do not use automated decision-making, including profiling, in a way that produces legal effects concerning you or which significantly affects you.

Terms of Use

CLIMATE EARTH Terms of Use

Climate Earth (“Climate Earth”, “we” or “us”) a Delaware corporation
Last updated: Sept 20 2022: Effective as of: Sept 20, 2022

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

THIS AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF THE WEBSITE LOCATED AT https://climateearth.com/ (“SITE”) AND ANY SERVICES AVAILABLE ON THE SITE (COLLECTIVELY, THE “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CLIMATE EARTH AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE SITE. PLEASE READ THESE THIS AGREEMENT BEFORE ACCESSING OR USING THE SERVICES THAT CLIMATE EARTH MAKES AVAILABLE TO YOU THROUGH ITS SITE. YOU MUST CLICK THE “I AGREE” BUTTON LOCATED ON THE BOTTOM OF THIS PAGE IN ORDER TO BE ABLE TO USE THE SERVICES. BY CLICKING “I AGREE” AT THE BOTTOM OF THIS PAGE, YOU ARE INDICATING THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND TO THEM. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK “CANCEL” AT THE BOTTOM OF THIS PAGE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. YOU REPRESENT TO CLIMATE EARTH THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS. IF YOU ARE ENTERING INTO THIS AGREEMENT FOR AN ENTITY, SUCH AS A COMPANY, MUNICIPALITY, OR GOVERNMENT AGENCY YOU WORK FOR, YOU REPRESENT TO CLIMATE EARTH THAT YOU HAVE LEGAL AUTHORITY TO BIND THAT ENTITY. IF YOU DO NOT HAVE AUTHORITY TO BIND SUCH ENTITY, DO NOT USE THE SERVICES. IF YOU DISAGREE WITH ANY OF THE TERMS BELOW, WE DO NOT GRANT YOU ANY LICENSE OR RIGHT TO USE THE SERVICES OR THE SITE.


  1. Definitions. Capitalized terms used in this Agreement have the meanings set forth in this Section 1, or as defined elsewhere in this Agreement.

    “User” means you the user of the Services.

    “Content” means any and all information in any medium that is capable of being stored by computer, including without limitation any links, text, graphics, data, software, sound, music, photographs, data models, spreadsheets, audio, video, maps, database, etc.

    “EPD” means an Environmental Product Declaration which is a transparent, objective report that presents quantified environmental information on the life cycle of a product to enable comparisons between products fulfilling the same function.

    “Global Warming Potential (GWP)” is the heat absorbed by any greenhouse gas in the atmosphere, as a multiple of the heat that would be absorbed by the same mass of carbon dioxide. In this document we refer to GWP in kilograms CO2 equivalent (Kg CO2e) released by producing a cubic meter of concrete.

    “Project Report” means the reports produced by the application to estimate the total embodied carbon of the concrete portion of a construction project.

    “Intellectual Property Rights” means all tangible and intangible rights associated with works of authorship throughout the world, including but not limited to, copyrights, moral rights; trademarks and trade name rights and similar rights; trade secret rights; patents, designs, algorithms, user interfaces of this application, and other intellectual or industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise; and all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues now or hereafter in force (including any rights in the foregoing) anywhere in the world, that exist as of the Effective Date or hereafter come into existence, regardless of whether or not such rights have been registered with the appropriate authorities in such jurisdictions in accordance with the relevant legislation.

    “Services” means the services provided by Climate Earth under the terms of this Agreement.

    “Site” means the Climate Earth website found at https://climateearth.com/ and its associated pages maintained by Climate Earth and its affiliates.

  2. Services and Licenses.
    1. Services. During the term of this Agreement, Climate Earth will use commercially reasonable efforts to make the Services available to User at all times. The Services will be comprised of certain database Content that will be accessible by User which will produce a report that shows an estimation of values for EPDs and the estimated total GWP of a project. The reports generated by the Services are based on estimated data, averages and not a verified analysis or an EPD. Climate Earth Users may at their option, ‘click thru’ to their licensed EPD generator and generate verified EPDs and create a fully verified report of the GWP of a project.
    2. License to Services. During the term of this Agreement, Climate Earth grants to User a non-exclusive, accordance with and subject to the terms and conditions of this Agreement.
    3. User License Restrictions. User agrees not to misuse the Services, Site or any Content in any manner. User agrees that it will not use or attempt to exploit the Services including the Site, Content, Climate Earth technology, and/or Climate Earth’s Intellectual Property Rights in the foregoing or for any commercial purpose not authorized in this Agreement. User will not modify, disassemble, decompile or reverse engineer the Services, Site or any Climate Earth products or services, or copy the Site or Services and/or make any derivative work thereof. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means.
  3. User Obligations.
    1. Site Access and Use. Climate Earth will use industry standards to ensure that proper security controls are implemented for User’s access to the Services. Climate Earth reserves the right to electronically monitor User’s use of the Services to: (i) ensure compliance with the requirements and security of the Services; (ii) perform remote diagnostics and corrective actions from time to time; (iii) determine system configuration, use levels and applicable charges; (iv) comply with applicable laws, rules or regulation, including responding to a legal processor or governmental agency demand for information.
    2. Content Quality and Disclaimer. User agrees that Climate Earth shall not be responsible nor liable for any use or effects of by User of Content, EPD approximations, or Project Reports.
  4. Site and Content.
    1. Statistics and Artificial Intelligence. “Statistics” means any anonymous data, expressly excluding personally identifiable data subject to the Privacy Policy, that Climate Earth derives through the Site. User acknowledges and agrees that Climate Earth may use Statistics for the modification, enhancement, and improvement of the Site or Services, and for the marketing or promotion of Climate Earth or any future product or service offering, provided any such use of Statistics by Climate Earth cannot reasonably be identified as User information alone. Climate Earth’s use of statistics may include sharing Statistics publicly or with industry organizations. User further acknowledges and agree that the Site or Services may now or in the future utilize or rely on artificial intelligence components and other forms of machine learning or data analytics used by Climate Earth and its suppliers. User acknowledges and agrees that Climate Earth may use the Statistics and any information gained through its use of artificial intelligence and machine learning (which is not personally identifiable information subject to the Privacy Policy) for any purpose, and that, as between User and Climate Earth, Climate Earth will exclusively own all such information and all Intellectual Property Rights therein.
  5. Term and Termination.
    1. Term. This Agreement will commence on User’s agreement to the terms and conditions of this Agreement and Climate Earth’s privacy policy and will continue for so long as Climate Earth makes the Services freely available to the general public.
    2. Termination. User may terminate its use of the Services at any time with or without notice to Climate Earth. Climate Earth reserves the right to discontinue offering the Services at any time with or without notice to User.
    3. Survival. The rights and obligations of the parties contained in this Agreement that would reasonably be considered to survive any termination or expiration of this Agreement shall be deemed to have survived and shall effect the intent of the parties under this Agreement.
  6. Ownership.
    1. Retained Rights. User acknowledges and agrees that as between User and Climate Earth, Climate Earth and its licensors and suppliers retain and own all rights, title and interests in and to all Intellectual Property Rights in (i) the Site, Services, and any other products or services of Climate Earth or any other goods or services provided to User under this Agreement and all configurations, derivative works, developments, modifications, adaptations, changes, alterations, edits, conversions, improvements and/or the like made to each or any of the foregoing. All rights not expressly granted under this Agreement are reserved to Climate Earth and its licensors and suppliers, and there are no implied rights. All software is licensed and not sold.
    2. Feedback. User may choose, but is not obligated to provide Climate Earth with oral or written feedback related to its use of the Site or Services. Any materials, information, ideas, concepts, feedback and/or know-how provided by User to Climate Earth concerning the Site, Climate Earth Content, the Services and any information reported automatically through the Site or Services including, but not limited to Statistics (“Feedback”) will be the property of User and User hereby grants Climate Earth a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
  7. Confidentiality.
    1. Generally. “Confidential Information” will mean confidential or other non-public proprietary information that is disclosed by either party to the other under this Agreement, including without limitation, any commercial, financial, marketing, business, technical or other data, know-how, or other information which is disclosed either: (a) in tangible form and is marked “confidential” or “proprietary”, or (b) orally or visually, and is designated as confidential or proprietary at the time of disclosure or is of a nature or disclosed in a context that a reasonable person would understand it as confidential or proprietary. For the avoidance of doubt, all software, software code and designs, hardware, product specifications and documentation, trade secrets, financial data, business, marketing and product plans, or technology, and customer information is Confidential Information for purposes of this Agreement.
    2. Obligations of Confidentiality. Each party agrees that it will hold in strict confidence and not disclose the Confidential Information of the other party to any third party and to use the Confidential Information of the other party for no purpose other than the purposes expressly permitted by this Agreement.
    3. Exclusions from Obligations. A party’s obligations of confidentiality under this Agreement will not apply to information if such party can document the information (i) is in the public domain without the breach of any agreement or fiduciary duty or the violation of any law, (ii) was known to the party prior to the time of disclosure without the breach of any agreement or fiduciary duty or the violation of any law, (iii) is proven by contemporaneous written records to be independently developed by the party prior to receiving such Confidential Information and without use or reference to the Confidential Information.
    4. Legally Required Disclosure. In the event either party is required to disclose, pursuant to a judicial order, a requirement of a governmental agency or by operation of law, any Confidential Information it will take commercially reasonable measures to avoid or limit disclosure under such requirements and to obtain confidential treatment or a protective order and allow the other party to participate in the proceeding. Any disclosure will be the minimum disclosure as recommended by a party’s legal counsel and no disclosure will remove the obligations of confidentiality to any remaining Confidential Information nor permit any other disclosure of the Confidential Information in other circumstances.
    5. Obligation of Confidentiality. The receiving party’s obligations of confidentiality under this Agreement will survive the expiration or other termination of this Agreement as follows: (i) in the case of a trade secret for so long as such information constitutes a trade secret under applicable law, (ii) in the case of non-public personal information or any customer information the period of protection will be indefinitely; and (iii) in all other cases for a period of three (3) years.
    6. Equitable Relief. Each party recognizes and acknowledges that any use or disclosure of the Confidential Information of the other party in a manner inconsistent with the provisions of this Agreement may cause the other party irreparable damage for which remedies at law may be inadequate. Accordingly, the non-breaching party will have the right to seek an immediate injunction or other equitable relief in respect of any breach of these confidentiality obligations to obtain such relief. Notwithstanding the foregoing, this paragraph will not in any way limit the remedies in law or equity otherwise available to the non-breaching party.
    7. Privacy Policy. In the process of accessing and using the Site User may provide and/or Climate Earth may otherwise obtain personal, individually identifiable information. All use by Climate Earth, or its third party processor’s rights to use any personal information are governed by the Climate Earth Privacy Policy, which can be found at https://climateearth.com/ (“Privacy Policy”). The Privacy Policy is incorporated by reference and is part of this Agreement.
  8. Representations and Warranties.
    1. Mutual Representations. Each party represents and warrants that: (i) it has the full corporate right, power, and authority to enter into this Agreement and perform the obligations and duties hereunder; (ii) when executed and delivered, this Agreement will constitute the legal, valid, and binding obligation of each party, enforceable against each in accordance with its terms.
    2. User Representations. User represents, warrants, and covenants that its use of the Site and Services shall comply with all laws, rules, and regulations.
    3. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES AND ANY OTHER SERVICES OR PRODUCTS MADE AVAILABLE UNDER THIS AGREEMENT ARE PROVIDED TO CLIENT “AS IS,” AND CLIMATE EARTH AND ITS LICENSORS, VENDORS, AND/OR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES, PROMISES, REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, OR CONTENT AND/OR DATA ACCURACY. CLIMATE EARTH, ON BEHALF OF ITSELF AND ITS LICENSORS, VENDORS, AND/OR SUPPLIERS, DOES NOT WARRANT THAT THE CLIMATE EARTH PLATFORM, CLIMATE EARTH WEBSITES, SERVICES, AND/OR ANY OR ALL OTHER SERVICES AND/OR PRODUCTS MADE AVAILABLE UNDER THIS AGREEMENT WILL MEET USER REQUIREMENTS, THAT THE OPERATION AND/OR USE OF THE FOREGOING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. CLIENT ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT, ABSENT SUCH DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ECONOMIC TERMS, WOULD BE SUBSTANTIALLY DIFFERENT.
  9. Limitations of Liability.
    1. Exclusion of Consequential Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING PURSUANT TO A BREACH OF THE PROVISIONS OF CONFIDENTIALITY, OR BREACH OF ANY APPLICABLE LICENSE GRANT OR RESTRICTION IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF A PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Limitation of Damages. EXCEPT FOR DAMAGES ARISING PURSUANT TO A BREACH OF THE PROVISIONS OF CONFIDENTIALITY, OR BREACH OF ANY APPLICABLE LICENSE GRANT OR INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO ONE HUNDRED DOLLARS (us $100.00).
    3. Allocation of Risk and Material Term. THIS SECTION 12 WILL SURVIVE TERMINATION OF THE AGREEMENT. THE PROVISIONS OF THIS SECTION 10 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  10. Indemnity. For purposes of this Section on indemnity, the following terms shall have the meanings defined herein:

    “Claims” means all third party claims, actions, demands, and legal proceedings of any kind.

    “Damages” means all liabilities, damages, losses, judgments, authorized settlements, fines, costs and expenses payable to a third party, including, without limitation, reasonable legal support costs and expenses.

    1. User Indemnity. User will defend, indemnify, and hold harmless Climate Earth and its officers, directors, employees, agents and representatives from and against any Claim or Damages finally awarded by a court of competent jurisdiction as a result of: (i) User’s alleged or actual use of, misuse of, or failure to use the Services in accordance with the terms of this Agreement or that User has violated any applicable law with regard to User Data or User’s use of the Services.
  11. General.
    1. Assignment. Neither party may assign this Agreement without the other party’s prior written consent, except as part of a merger, acquisition, sale of substantially all assets, or similar transaction. Subject to the foregoing, this Agreement shall be fully binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective, permitted successors and assigns.
    2. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California as applied to agreements entered into and to be performed entirely within the State of California between California residents, without giving effect to any conflict of law principles that would require the application of the substantive or procedural laws of a different jurisdiction. In the event that any dispute between the parties arises out of or is related to any of the provisions of this Agreement, and/or the performance or termination thereof, the prevailing party in any such action will recover all of its costs, including reasonable attorneys’ fees. The parties agree that United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement. Any claims for emergency or preliminary injunctive relief may be brought in any court of competent jurisdiction. All other disputes, claims or controversy arising out of or relating to this Agreement, or the interpretation, making, performance, breach or termination thereof, will be subject to the exclusive jurisdiction of the California State Courts in the City and County of San Francisco, or if there is federal jurisdiction, the United States District Court for the Northern District of California, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts and the parties hereby waive all defenses based upon forum non conveniens, improper venue, or personal jurisdiction.
    3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
    4. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Either party may change its address for notices under this Agreement by giving written notice to the other party by the means specified in this Section. Either party may change its address for notices under this Agreement by giving written notice to the other party by the means specified in this Section.
    5. Force Majeure. Except for the payment of money due or payable, neither party shall be liable for any failure or delay in performance under this Agreement that might be due to disease, pandemics, strikes, shortages, riots, insurrection, fires, flood, storm, other weather conditions, explosions, acts of God, war, government action, inability to obtain delivery of parts, supplies, or labor, labor conditions (including strikes, lockouts or other industrial disturbances, including as related to pandemic disease), earthquakes, riots or acts of terrorism, or any other cause that is beyond the reasonable control of a party. Any delay or failure of this kind will not be deemed to be a breach of this Agreement and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
    6. Independent Contractors. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party shall represent itself as an agent, employee, legal representative, joint venturer, or partner of the other and shall not assume or purport to create any obligation on behalf of the other.
    7. Entire Agreement. This Agreement may not be supplemented, amended, and/or modified at any time unless the parties execute a written instrument that (i) must be in a mutually agreed upon written or electronic format, (ii) must be clearly designated as an amendment, addendum, or modification, and (iii) must be signed by an authorized representative of each party. The parties stipulate and agree that an exchange or series of written or electronic correspondences shall not be deemed to be such a written instrument, for supplemental, amendment or modification purposes.
    8. Waiver. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of the parties. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Except where otherwise specified, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity.
    9. No Third-Party Beneficiaries. Except as expressly provided in this Agreement, there are no third-party beneficiaries to this Agreement.
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