Terms of Use

This page (together with the documents referred to on it) tells you the terms (“Terms of Use”) on which you make use of our website at www.climatelitigationwatch.org  (the “Website).  This Website is operated by Government Accountability & Organization (“we” or “our”).

Accessing our Website.

Access to our Website is permitted on a temporary basis for your personal purposes of a non-commercial, informational nature, and we reserve the right to amend the information or withdraw any services we may provide on our Website without notice.  We will not be liable if for any reason our Website is unavailable at any time or for any period.  You are responsible for making all arrangements necessary for you to have access to our Website.  You are also responsible for ensuring that all persons who access our Website through you internet connection are aware of these Terms of Use, and that they comply with them.

Use of Website and Site Content. 

Other than as expressly permitted in these Terms of Use, you are not permitted to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Website or any content, information, software, products or services obtained from the Website without our prior written permission.  As an exception to the foregoing, you are allowed to display and, unless we expressly state otherwise, electronically copy, download onto your device, and print single copies of any page of the Website content as long as you use it solely for your own personal, non-commercial, lawful use.

Use of the Website as made available through a third-party social sharing platform such as Twitter or Facebook is also subject to the platform’s applicable terms of use.

Intellectual Property. 

We are the owner or licensee of all intellectual property rights in our Website’s content, which includes, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view or access on the Website. Those works are protected by copyright laws, and treaties around the world.  All such rights are reserved.

Your use of the Website does not grant to you ownership in or rights to any of the foregoing. All trademarks, logos and other marks on the Website are owned by us, our affiliates, or our licensors.  Unless we consent in writing, you do not have any license or authorization to use any of our intellectual property, including trademarks and Website content, by virtue of your use of the Website.

Information about You and Your Visits to our Website.

We process information about you in accordance with our Privacy Policy (http://climatelitigationwatch.org/privacy-policy).  The Privacy Policy is incorporated in these Terms of Use.

Uploading Material to Our Website.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, breach of their confidential information or their right to privacy. We have adopted the following general policy toward copyright infringement. It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

Prohibited Use. 

You may not:

  • Use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  • Use any material or information, including images or literary works, which is made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.

Third-Party Links.

We may provide on or through the Website links to other websites or resources. You acknowledge and agree that we have no control over such websites and resources, are not responsible for the availability of such external websites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external websites or resources. Any links to such third-party websites are for your convenience only, and you access them at your own risk.

Links to the Website.

You may create a link from your website to the Website, without prior written permission, through a plain-text link.   You may not use any trademarks or service marks as links to the Website from other websites, or as machine-readable search terms such as metatags.  We reserve the right to revoke your permission to link to the Website at our absolute and sole discretion.  Any third-party website that links to the Website agrees that it: (1) will not create a frame around content of the Website; (2) will not replicate the content of the Website; (3) will not state or imply that we sponsor or endorse the third-party website; (4) will not libel or present false or misleading information of any kind, including defamatory or disparaging information about us; and (5) will not contain any content that may be construed as illegal, immoral, offensive, or otherwise inappropriate.  The posting or creation of any link to the Website signifies that you have read and agree to abide by these Terms of Use.

Service Modification or Termination. 

We reserve the right at any time and from time to time to modify or discontinue (whether temporarily or permanently) the Website or any part thereof, with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website. We may also, in our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Website and will not be liable or responsible to you or any third party for such termination.

Disclaimer.

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR SERVER FROM WHICH IT IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Liability.

WE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH ANY OF THE PROVISIONS OF THESE TERMS OF USE).

Indemnification.

You agree to indemnify, defend and hold us harmless as well as our, affiliates, and each of our officers, directors, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any of the content you submit, post or transmit through the Website, (2) your use of the Website or the Services, (3) your violation of these Terms of Use, (4) your violation of any rights of any other person or entity or (5) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Website.

Jurisdictional Issues.

The Website is operated out of the United States and the Website and content thereon are intended for U.S. users. The Website may not be available to users outside of the United States. We make no representation that materials or information on the Website are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Website outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.

Choice of Law, Miscellaneous.

All matters relating to your access to or use of the Website shall be governed by the laws of the State of Minnesota without regard to conflicts of laws or choice of laws provisions thereof.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to your access or use of the Website shall be in an appropriate state or federal court located in the State of Minnesota and the parties unconditionally waive their respective rights to a jury trial.  Any cause of action you may have with respect to your access or use of the Website must be commenced within one (1) year after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  These Terms of Use constitute the entire agreement between us and you with respect to the Website and supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

Effective: April 23, 2018