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EARTHABC TERMS OF SERVICE

Effective: January 22, 2023 | Country version: United States

Understanding our Terms of Service and the Services we offer is important because, by accessing our website and using our Services, you’re agreeing to these terms.


Terms


Service provider: EarthABC services are provided by, and you’re contracting with:
EarthABC INC.
Organized under the laws of the State of Delaware, USA, and operating under the laws of the USA
PO BOX 444 brunswick, Ohio 44212, USA


Your relationship with EarthABC
These terms help define the relationship between you and EarthABC. broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how EarthABC’s business works. When we speak of “EarthABC,” “we,” “us,” and “our,” we mean EarthABC and its affiliates.


What you can expect from us

We provide a broad range of services that are subject to these terms, including:

  • • apps and sites (like The Climate Network and its incentive and ecosystem search)
  • • platforms (like The Climate Network)
  • • integrated services (like modeling the built environment embedded in our platforms)
  • • consultancy (like leveraging our expertise and network for your benefit)

Some of these services include content that you can interact with.
Our services are designed to work together, making it easier for you to move from one activity to the next. For example, if you are interested in an incentive, you can match with the appropriate process or contractor to complete it.


Develop, improve, and update EarthABC services
We’re constantly developing new technologies and features to improve our services. For example, we are preparing to use artificial intelligence and machine learning to provide you with faster answers and guidance. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. Our services can be achieved through our platform at this time and do not require you to download software. In the future, this may change.

If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.


What we expect from you Follow these terms
The permission we give you to use our services continues if you comply with these terms.
You also agree that our privacy policy applies to your use of our services.
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.


Respect others
We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

  • • don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures. Permission to use your content

Some of our platform features are designed to let you upload, submit, store, send, receive, or share your business information. If you choose to upload or share information, please make sure you have the necessary rights to do so and that the content is lawful.

License
Your information remains yours, which means that you retain any intellectual property rights that you have in your information.
We need your permission if your intellectual property rights restrict our use of your information. You provide EarthABC with that permission through this license.

What’s covered

This license covers your information if that information is protected by intellectual property rights.
What’s not covered

  • • This license doesn’t affect your privacy rights — it’s only about your intellectual property rights
  • • This license doesn’t cover information that is:
  • • publicly-available factual information that doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
  • • feedback that you offer, such as suggestions to improve our services.

Scope
This license is:

  • • worldwide, which means it’s valid anywhere in the world
  • • non-exclusive, which means you can license your content to others
  • • royalty-free, which means there are no monetary fees for this license

Rights

This license allows EarthABC to:

  • • host, reproduce, distribute, communicate, and use your information — for example, to save your content on our systems and make it accessible from anywhere you go
  • • publish, publicly perform, or publicly display your content, if you’ve made it visible to others
  • • modify and create derivative works based on your content, such as reformatting or translating it
  • • sublicense these rights to:
  • • other users to allow the services to work as designed
  • • our contractors who’ve signed agreements with us that are consistent with these terms

Purpose

This license is for the limited purpose of:

  • • operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your information:
  • • to recognize patterns in data
  • • to customize our services for you

This analysis occurs as the information is sent, received, and when it is stored.

  • • using information you’ve shared to promote the services. For example, to promote a service or feature, we might quote a review you wrote.
  • • developing new technologies and services for EarthABC consistent with these terms

Duration

This license lasts for as long as your information is protected by intellectual property rights.
If you remove from our services any information that’s covered by this license, then our systems will stop making that information available in a reasonable amount of time. There are two exceptions:

Using EarthABC services

Your EarthABC Account
You’re responsible for what you do with your EarthABC Account, including taking reasonable steps to keep your EarthABC Account secure.

Using EarthABC services on behalf of an organization or business
Many organizations such as businesses, non-profits, and schools, take advantage of our services. To use our services on behalf of an organization:

  • • an authorized representative of that organization must agree to these terms
  • • your organization’s administrator may assign an EarthABC Account to you. That administrator might require you to follow additional rules and may be able to access or disable your EarthABC Account.

Service-related communications
To provide you with our services, we sometimes send you service announcements and other information.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

Information in EarthABC services
Your information
Some of our services give you the opportunity to make your information available — for example, you might post a supplier review that you wrote, or you might upload a service as a supplier or incentive.

If you think your intellectual property rights are being infringed upon, you can contact us directly here and we’ll take appropriate action.

EarthABC content and information
Some of our services include content and information that belongs to EarthABC — for example, many of the roadmaps, features, platform capabilities, and visual modeling. We retain any intellectual property rights that we have in our content and information. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. Contact us directly to receive approval to use our branding or logos.

Other content
Finally, some of our services give you access to content and information that belongs to other people or organizations — for example, a supplier or technology description of their own business, or a government incentive in The Climate Network. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect EarthABC's views.

Software in EarthABC services
Some of our services share downloadable software offered by other organizations. We give you permission to use that software as part of the services. All licensing and terms to that software belong to the owner of that software and not EarthABC. You should read the separate agreement and terms to that software.

Some of our services include software that’s offered under open-source license terms that we have located for you. All software that you download that does not belong to EarthABC will override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our services or software.

In case of problems or disagreements
Warranty disclaimer
We built our reputation on providing useful, reliable services like The Climate Network, and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Liabilities
For all users
Both the law and these terms try to strike a balance as to what you or EarthABC can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for gross negligence or willful misconduct.

To the extent allowed by applicable law:

  • • EarthABC is liable only for its br/eaches of these terms
  • • EarthABC isn’t liable for:
  • • loss of profits, revenues, business opportunities, goodwill, or anticipated savings
  • • indirect or consequential losses
  • • punitive damages
  • • EarthABC’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute

For business users and organizations only
If you’re a business user or organization:

  • • To the extent allowed by applicable law, you’ll indemnify EarthABC and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
  • • If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms.

Taking action in case of problems
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless doing so would:

  • • cause harm or liability to a user, third party, or EarthABC
  • • violate the law or a legal enforcement authority’s order
  • • compromise an investigation
  • • compromise the operation, integrity, or security of our services

Removing your content
If any of your information or content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties, or EarthABC, then we reserve the right to take down some or all of that information or content in accordance with applicable law.

Suspending or terminating your access to EarthABC services
EarthABC reserves the right to suspend or terminate your access to the services or delete your EarthABC Account if any of these things happen:

  • • you materially or repeatedly breach these terms
  • • we’re required to do so to comply with a legal requirement or a court order
  • • your conduct causes harm or liability to a user, third party, or EarthABC — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you

If you believe your EarthABC Account has been suspended or terminated in error, please visit our contact page. Of course, you’re always free to stop using our services at any time.

Settling disputes, governing law, and courts
Ohio law will govern all disputes arising out of or relating to these terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Cuyahoga County, Ohio, USA, and you and EarthABC consent to personal jurisdiction in those courts.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and EarthABC. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your information and stop using the services. You can also end your relationship with us at any time by closing your EarthABC Account.