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Legal Items and Disclosures

Last updated February 20, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE REGARDED AS AN OFFER, SOLICITATION, PROMOTION OR ADVERTISEMENT OF ANY FINANCIAL SERVICES (INCLUDING MONEY TRANSFER SERVICES) IN ANY COUNTRY WHERE SUCH OFFER, SOLICITATION, PROMOTION OR ADVERTISEMENT IS NOT PERMISSIBLE UNDER APPLICABLE LOCAL LAW.

This Site is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Site does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Any opinions expressed on this Site may change as subsequent conditions vary. Past performance is no guarantee of future results.

1. What's in these terms?

These terms tell you the rules for using our website https://climatealpha.ai (the “Site”).

 

2. Who we are and how to contact us?

Our Site and Customer Portal are operated by Climate Alpha NA LLC (“we” or “us”). We are registered in Delaware under EIN 37-2061765 and have our registered office at 651 N Broad St, Suite 201, Middletown, Delaware, USA 19709..

We operate the website climatealpha.ai (the "Site"), the Portal (the "Portal"), as well as any other related products and services that refer or link to these legal terms (the "Terms and Conditions") (collectively, the "Services").

Use of the Site or Customer Portal

 

3. By using our Site or Customer Portal you accept these terms

By using our Site or Customer Portal, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We recommend that you print a copy of these terms for future reference.

By accessing and using the Services, you are agreeing to be bound by these Terms and Conditions, which constitute a legally binding agreement between you and Climate Alpha NA LLC, whether you are acting on your own behalf or on behalf of an entity. You acknowledge that you have read, understood, and accepted all of these Legal Terms.

If you do not agree to all of these Legal Terms, you are expressly prohibited from using the Services, and you must immediately discontinue use.

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Site or Customer Portal:

  • Our Website Privacy Policy (for Site users) or Client and Vendor Privacy Notice (for Customer Portal Users), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site or Customer Portal, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Cookie Policy, which sets out information about the cookies on our Site.

5. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site or Customer Portal, please check these terms to ensure you understand the terms that apply at that time.

 

6. We may make changes to our Site 

We may update and change our Site from time to time to reflect changes to our products, our customers’ needs and our business priorities. We will try to give you reasonable notice of any major changes. We may suspend or withdraw our Site. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your responsibilities

 

7. Climate Alpha Customers must keep Customer Portal account details safe

If you are provided with a customer identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any customer identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

8. How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content and marks provided through the Services are protected by copyright, trademark, and other intellectual property rights and unfair competition laws and treaties in the United States and throughout the world.

You may use the content and marks for your personal, non-commercial use or for internal business purposes only. However, they are provided "AS IS" and without any warranties or guarantees.

Unless expressly permitted by us in these Terms and Condition, you are prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any part of the Services, including the content and marks, for any commercial purpose.

To use any of our Services or Content for commercial purposes, you must first obtain our express prior written permission.

9. Do not rely on information on this Site

The content on our Site is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site is accurate, complete or up to date.

 

10. We are not responsible for websites we link to

Where our Site or Customer Portal contains links to other external Sites and resources provided by third parties, these links are provided for your information only. The presence of links to external Sites or resources provided by third parties should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those external Sites or resources.

Our responsibilities

 

11. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

 

However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

12. Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us at info@climatealpha.ai.

Legal Information

13. Which country's laws apply to any disputes?

Please note that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) and all related matters shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, and any applicable federal law. The invalidity or illegality of any provision herein shall not be deemed to affect the validity of any other provision.

 

Disclaimer

 

The services provided are on an "as-is" and "as-available" basis, and your use of the services will be at your sole risk. We make no warranties or representations regarding the accuracy, completeness, or content of the services or any websites or mobile applications linked to the services. We do not assume any liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury, property damage, unauthorized access to secure servers, interruptions or cessation of transmission, or any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party.

Furthermore, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlink website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

14. User Representation

By using the Services, you warrant and represent that:

  • All registration information you submit is true, accurate, current, and complete.

  • You will maintain the accuracy of your registration information and update it promptly as needed.

  • You have the legal capacity and agree to comply with these Legal Terms.

  • You are not a minor in the jurisdiction where you reside.

  • You will not access the Services through automated or non-human means, including bots, scripts, or any other method.

  • You will not use the Services for any illegal or unauthorized purpose.

  • Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.

To access and use the Services, registration may be necessary. It is your responsibility to maintain the confidentiality of your password and account, and you will be held accountable for all activities associated with your account. We reserve the right, at our sole discretion, to remove, recover, or alter any username you select if we determine it to be inappropriate, obscene, or objectionable.

15. Prohibited Activities

The Services are provided for a specific purpose, and as a user, you agree to use the Services only for their intended purpose. The Services may not be used for any commercial purpose except those that have been explicitly endorsed or approved by us.

As a user of the Services, you agree not to engage in the following activities:

  • Collecting data or other content from the Services in a systematic way to create or compile a database, compilation, directory, or collection without written permission from us.

  • Attempting to obtain sensitive account information, such as user passwords, by deceiving or misleading us or other users.

  • Interfering with or circumventing security features of the Services designed to prevent or restrict the use or copying of any content, or limit the use of the Services and their contents.

  • Disparaging, tarnishing, or otherwise harming us and/or the Services, as determined by us.

  • Using information obtained from the Services to harass, abuse, or harm another person.

  • Making improper use of our support services or submitting false reports of abuse or misconduct.

  • Using the Services in a manner that violates any applicable laws or regulations.

  • Engaging in unauthorized framing of or linking to the Services.

  • Uploading or transmitting viruses, Trojan horses, or other material, including excessive use of capital letters, spamming (continuous posting of repetitive text), or other material that interferes with any party’s use and enjoyment of the Services, or modifies, impairs, disrupts, alters, or interferes with the Services' operation, functions, features, or maintenance.

  • Engaging in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Removing copyright or other proprietary rights notice from any content.

  • Attempting to impersonate another user or person, or using another user's username.

  • Uploading or transmitting any material that collects or transmits information, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfering with, disrupting, or creating an undue burden on the Services, or the networks or services connected to the Services.

  • Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempting to bypass any measures designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copying or adapting the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.

  • Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or making up a part of the Services, except as permitted by applicable law.

  • Using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or internet browser usage.

  • Using a buying agent or purchasing agent to make purchases on the Services.

  • Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Using the Services to compete with us, or using the Services and/or the content for any revenue-generating endeavor or commercial enterprise, except as expressly permitted by us.

 

16. Prohibited Activities

The Services are provided for a specific purpose, and as a user, you agree to use the Services only for their intended purpose. The Services may not be used for any commercial purpose except those that have been explicitly endorsed or approved by us.

As a user of the Services, you agree not to engage in the following activities:

  • Collecting data or other content from the Services in a systematic way to create or compile a database, compilation, directory, or collection without written permission from us.

  • Attempting to obtain sensitive account information, such as user passwords, by deceiving or misleading us or other users.

  • Interfering with or circumventing security features of the Services designed to prevent or restrict the use or copying of any content, or limit the use of the Services and their contents.

  • Disparaging, tarnishing, or otherwise harming us and/or the Services, as determined by us.

  • Using information obtained from the Services to harass, abuse, or harm another person.

  • Making improper use of our support services or submitting false reports of abuse or misconduct.

  • Using the Services in a manner that violates any applicable laws or regulations.

  • Engaging in unauthorized framing of or linking to the Services.

  • Uploading or transmitting viruses, Trojan horses, or other material, including excessive use of capital letters, spamming (continuous posting of repetitive text), or other material that interferes with any party’s use and enjoyment of the Services, or modifies, impairs, disrupts, alters, or interferes with the Services' operation, functions, features, or maintenance.

  • Engaging in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Removing copyright or other proprietary rights notice from any content.

  • Attempting to impersonate another user or person, or using another user's username.

  • Uploading or transmitting any material that collects or transmits information, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfering with, disrupting, or creating an undue burden on the Services, or the networks or services connected to the Services.

  • Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempting to bypass any measures designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copying or adapting the Services' software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.

  • Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or making up a part of the Services, except as permitted by applicable law.

  • Using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software, except as may be the result of standard search engine or internet browser usage.

  • Using a buying agent or purchasing agent to make purchases on the Services.

  • Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Using the Services to compete with us, or using the Services and/or the content for any revenue-generating endeavor or commercial enterprise, except as expressly permitted by us.

 

17. Management of the Services

We have the right, but not the obligation, to do the following:

  • Monitor the Services for any violations of these Terms and Conditions.

  • Take appropriate legal action against anyone who, at our sole discretion, violates the law or these Legal Terms, which may include reporting such users to law enforcement authorities.

  • Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, at our sole discretion and without limitation.

  • Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without notice or liability.

  • Manage the Services in a manner that is designed to protect our rights and property, as well as to facilitate the proper functioning of the Services.

 

18. Duration and End of Services

This section outlines the duration of the agreement between you and us, as well as the circumstances under which the agreement may be terminated.

The agreement is effective from the date you first access or use the Services and will remain in effect until terminated by either party. You may terminate this agreement by ceasing to access or use the Services. We may terminate this agreement at any time, without prior notice or liability, for any reason or no reason, including without limitation if you breach any provisions of these Legal Terms.

Upon termination of this agreement, your right to access and use the Services will immediately cease. All provisions of these Legal Terms that by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

19. Limitation of Liability

Under no circumstances will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or any other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to a certain amount.

 

20. Indemnification

By using the Services, you agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party arising out of or related to: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act towards any other user of the Services with whom you connected via the Services. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in such defense. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it. Please note that some jurisdictions may not allow the exclusion or limitation of certain damages, so some of the above limitations or exclusions may not apply to you.

 

21. Contact Us

To address any concerns related to the Services or to request additional information about the use of the Services, please contact us at: info@climatealpha.ai 

Legalinc Corporate Services, Inc., 651 N Broad St, Suite 201, Middletown, DE 19709 

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