General terms
Last revised: October 02, 2023
TERMS OF USE
EFFECTIVE AS OF OCTOBER, 2023
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND WE MEAN BUSINESS COALITION INC. (referenced herein as “SME CLIMATE HUB”) THAT APPLIES EACH TIME YOU USE OR ACCESS SME CLIMATE HUB’S INTERNET PROPERTIES, INCLUDING, WITHOUT LIMITATION, SME CLIMATE HUB’S PRIMARY WEBSITE AT WWW.SMECLIMATEHUB.ORG AND SME CLIMATE HUB’S MICROSITES, MOBILE WEBSITES, MOBILE APPLICATIONS, SME CLIMATE HUB PROFILES ON SOCIAL MEDIA SITES, AND ANY OTHER ONLINE PROPERTIES OPERATED BY SME CLIMATE HUB FROM TIME TO TIME (REFERENCED COLLECTIVELY HEREIN AS THE “SME CLIMATE HUB SITE”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SME CLIMATE HUB SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SME CLIMATE HUB SITE.
1. LICENSE GRANT(S)
The SME Climate Hub Site is made available by SME Climate Hub, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the SME Climate Hub Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the SME Climate Hub Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. This TOU also provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license and right to use any SME Climate Hub Site tools and any reporting output provided to you via such tools (collectively, the “SME Climate Hub Materials”) solely for internal business purposes. You may not access or use the SME Climate Hub Site or any materials through the SME Climate Hub Site for any commercial or unauthorized purposes.
2. LICENSE GRANT RESTRICTIONS
This TOU is only a license and not an assignment or sale. SME Climate Hub transfers no ownership or intellectual property interest or title in and to the SME Climate Hub Site or SME Climate Hub Materials to you or anyone else. Further, SME Climate Hub reserves all rights not expressly granted by this TOU, including the right to update or otherwise implement new versions or changes to the SME Climate Hub Site and SME Climate Hub Materials. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the SME Climate Hub Site or SME Climate Hub Materials, nor may you use the SME Climate Hub Site or SME Climate Hub Materials to develop a product or service that competes with the offerings provided at the SME Climate Hub Site.
3. ACCOUNT AND CONFIDENTIALITY OBLIGATIONS
To use the SME Climate Hub Site or features within, you may be required to choose a unique sign-on password to gain access to restricted areas. Only you or another designated representative of your company may use your access credentials. You hereby agree to consider and maintain your access credentials as the confidential information of SME Climate Hub. You shall immediately notify SME Climate Hub if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. SME Climate Hub cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations, and SME Climate Hub reserves the right to delete or change your account or access credentials at any time and for any reason. In addition to your account information as described in this Section, “confidential information” includes information in any form or medium that is marked or labeled as “confidential” or “proprietary;” information which you should reasonably know to be confidential or proprietary to SME Climate Hub under the circumstances of disclosure, and any nonpublic information which is disclosed by SME Climate Hub to you. You may use such confidential information only in connection with the exercise of your rights under this TOU, and you shall exercise at least the same standard of care to prevent unauthorized disclosure or use of such confidential information as you employ with respect to your own information of a like nature, but in any event no less than a reasonable standard of care.
4. ASSUMPTION OF RISK
Use of the Internet and the SME Climate Hub Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Accordingly, SME Climate Hub is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the SME Climate Hub Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using the SME Climate Hub Site and must make your own determination as to these issues.
5. USER OBLIGATIONS AND SUBMISSIONS
By accessing or using the SME Climate Hub Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the SME Climate Hub Site, including, without limitation, when you provide information via a SME Climate Hub Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the SME Climate Hub Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the SME Climate Hub Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU and acknowledge that this TOU provides on a single license to use the SME Climate Hub Site and SME Climate Hub Materials to an individual person. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the SME Climate Hub Site. Additionally, the SME Climate Hub Site may provide access to features where you can share and exchange information or content with SME Climate Hub or with other SME Climate Hub users (with such shared or exchanged information or content referenced collectively as a “Submission(s)”). Submissions include, but are not limited to, any material that you submit to the SME Climate Hub Reporting Tool or other tools and resources made available on the SME Climate Hub Site. By submitting a Submission, you automatically grant SME Climate Hub the royalty-free right to use your Submission for any lawful purpose. You also agree that your Submission is nonconfidential, and that you have all rights and permission necessary to submit, display, or make available any content in your Submission. You further agree that by using the SME Climate Hub Site, you will not upload, post, display, or transmit any material which contains (i) any unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, privacy rights, or publicity rights of any other person; (ii) malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of the SME Climate Hub Site; and (iii) statements or material that violates any law or regulation in any jurisdiction. SME Climate Hub reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Submission(s). SME Climate Hub reserves the right to delete or take other action with respect to Submissions that SME Climate Hub believes in good faith violate this TOU and/or are potentially unlawful, as well as the right to remove any Submissions in its sole discretion.
6. PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the SME Climate Hub Site, unless otherwise indicated, are owned, controlled, and licensed by SME Climate Hub and are protected by law, including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, SME Climate Hub does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the SME Climate Hub Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that SME Climate Hub actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The SME Climate Hub Site is owned by We Mean Business Coalition Inc. Copyright 2020-2023 © SME Climate Hub and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the SME Climate Hub Site, unless otherwise indicated, are owned by SME Climate Hub and/or its licensors. SME CLIMATE HUB, SME Climate Hub, the SME Climate Hub logo, and all other names, logos, and icons identifying SME Climate Hub and its software, solutions, products, and services are proprietary trademarks of SME Climate Hub, and any use of such marks without the express written permission of SME Climate Hub is prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
7. LINKS TO OTHER SITES AND OTHER TERMS
Additional notices, terms, and conditions may apply to the websites and resources promoted on the SME Climate Hub Site, such as research materials, calculators, survey participations, and related website links. Such other resources and websites, including social media platforms, are maintained by third parties over which SME Climate Hub exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless SME Climate Hub expressly states otherwise. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the SME Climate Hub Site, SME Climate Hub shall resolve any conflict in good faith in its sole discretion, but the latter terms shall control with respect to any applicable payment or participation.
8. FEEDBACK
SME Climate Hub welcomes your feedback and suggestions about SME Climate Hub’s mission, services, tools, or with respect to how to improve the SME Climate Hub Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to SME Climate Hub, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for SME Climate Hub to use such Feedback in any manner, for any purpose in furtherance of SME Climate Hub’s mission, and in any medium. SME Climate Hub also reserves the right to use your name and logo, if applicable, to identify you as a user of the SME Climate Hub Site in promotional and marketing material.
9. POLICY
Please see SME Climate Hub’s Privacy Statement for a summary of SME Climate Hub’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that SME Climate Hub sends you electronically (using the contact information you provide through the SME Climate Hub Site) will satisfy any legal communication requirements.
10. DISCLAIMER
THE SME CLIMATE HUB SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SME CLIMATE HUB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SME CLIMATE HUB ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES. IN PARTICULAR, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SME CLIMATE HUB IS PROVIDED AS GENERAL INFORMATION ONLY AND IS NOT INTENDED AS PROFESSIONAL ADVICE. SME CLIMATE HUB ALSO EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY SUBMISSIONS.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE SME CLIMATE HUB FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND SME CLIMATE HUB’S CONTROL. MOREOVER, IN NO EVENT SHALL SME CLIMATE HUB BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SME CLIMATE HUB OR WITH THE DELAY OR INABILITY TO USE THE SME CLIMATE HUB SITE, EVEN IF SME CLIMATE HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF SME CLIMATE HUB FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SME CLIMATE HUB SITE AND ANY APPLICABLE SME CLIMATE HUB MATERIALS, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SME CLIMATE HUB SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SME CLIMATE HUB’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. ENFORCING SECURITY
SME Climate Hub wishes to keep the SME Climate Hub Site as a safe and productive resource. You therefore may not, in addition to the “Submissions” prohibitions outlined above, use the SME Climate Hub Site or any of SME Climate Hub’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using SME Climate Hub’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of SME Climate Hub’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the SME Climate Hub Site email addresses or other identifiers, collecting or using from the SME Climate Hub Site information without the consent of SME Climate Hub or the licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the SME Climate Hub Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against SME Climate Hub or its data, systems, or network. Actual or attempted unauthorized use of the SME Climate Hub Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. SME Climate Hub reserves the right to view, monitor, and/or record activity on the SME Climate Hub Site in order to maintain security of the SME Climate Hub Site. Such recorded activity is subject to review by law enforcement organizations. SME Climate Hub will also comply with all lawful court orders or subpoenas from governmental authorities with competent jurisdiction over SME Climate Hub involving requests for more information about particular Submissions. SME Climate Hub reserves the right at any time to suspend or terminate operation of or access to the SME Climate Hub Site or any portion of the SME Climate Hub Site.
13. INJUNCTIVE RELIEF
You agree that SME Climate Hub shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that SME Climate Hub post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to SME Climate Hub to enforce any provision of this TOU.
14. TERM AND TERMINATION
This TOU will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions of the SME Climate Hub Site, otherwise register, respond through the SME Climate Hub Site to a request for information, and/or begin downloading, accessing, or using the SME Climate Hub Site, whichever action or event is earliest. SME Climate Hub reserves the right at any time and on reasonable grounds to deny your access to the SME Climate Hub Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the SME Climate Hub Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the SME Climate Hub Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the SME Climate Hub Site, including any SME Climate Hub Materials, in your possession. The provisions concerning SME Climate Hub’s proprietary rights, Feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
15. GOVERNING LAW
The SME Climate Hub Site is controlled and operated by SME Climate Hub from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the state of New York as applied to agreements entered into and completely performed in the state of New York. Any action to enforce this TOU will be brought in the courts presiding in the state of New York, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the SME Climate Hub Site may not be legal by certain persons or in certain countries. If you access the SME Climate Hub Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
16. WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by SME Climate Hub of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
17. ENTIRE AGREEMENT
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and SME Climate Hub as a result of this TOU or your utilization of the SME Climate Hub Site. This TOU represents the entire agreement between you and SME Climate Hub with respect to use of the SME Climate Hub Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and SME Climate Hub with respect to the SME Climate Hub Site. You may not assign or transfer any rights under this TOU without the prior written consent of SME Climate Hub. Please note that SME Climate Hub reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or emailing notice thereof to you. In addition, SME Climate Hub may add, modify, or delete any aspect, program, or feature of the SME Climate Hub Site, but SME Climate Hub is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the SME Climate Hub Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
18. CONTACT
If you have questions regarding the SME Climate Hub Site or if you are interested in obtaining more information concerning SME Climate Hub, please contact SME Climate Hub 1178 Broadway, 3rd Floor, Suite 325, New York, NY 10001, or [email protected].