Last Updated: July 6, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms of service (“Terms’) apply to your access to and use of the websites, mobile sites, and other online offerings (collectively, “Website”) of Climate Power Education Fund, a project of Resources Legacy Fund (collectively, “RLF,” “we,” or “us”) that link to these Terms. By accessing or by using our Website, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Website.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Website. We are not responsible for any loss or harm related to your inability to access or use our Website.

If you have any questions about these Terms or our Website, please contact us at info@resourceslegacyfund.org

A. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at https://climatepowered.us/privacy-policy/.

B. Consent to Use of Data and Mobile Communication; SMS Program Terms

You consent to our communicating with you about the Website and RLF by SMS, text message, email or other electronic means.  Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

If you subscribe to any text programs that RLF makes available, the following terms apply:

By subscribing to RLF updates or alerts, you consent to receive periodic updates or alerts by automatic text message.  Text STOP to stop.  For Help, text HELP or contact us at info@resourceslegacyfund.org.   Message and data rates may apply.  See our privacy policy at https://climatepowered.us/privacy-policy/. Neither RLF nor the participating carriers guarantee that messages will be delivered.  RLF may discontinue the program at any time without notice.

C. User Content

Our Website may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”).  You may also submit User Content to RLF by other means, including email and text message.  Except for the license you grant below, you retain all rights in and to your User Content, as between you and RLF.

By posting, submitting or otherwise providing any User Content to RLF, you grant RLF and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content with RLF, whether through our Website or otherwise, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you release RLF, and anyone acting under its authorization, from any claims that any use of your User Content as authorized herein violates any of your rights, including any rights of publicity or privacy.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

D. Ownership; Limited License

The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by RLF or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website for your own personal, noncommercial use. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

E. Trademarks

RLF and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of RLF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and RLF names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

F. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about RLF or our Website (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in RLF’s sole discretion. You understand that RLF may treat Feedback as nonconfidential.

G. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify RLF’s designated agent as follows:

Resources Legacy Fund

555 Capitol Mall, Suite 1095

Sacramento, CA 95814

916.442.5057 (voice)

916.624.2259 (fax)

info@resourceslegacyfund.org

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to RLF for certain costs and damages.

H. Third-party content

We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). Third-Party Content is provided solely for your convenience. By clicking on the Third-Party Content links, you may be directed away from this Website, and we are not responsible for any content, materials, or other information located on or accessible from any other web address. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. RLF does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

I. Website access and restrictions on use

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Website or otherwise provide to RLF, and you are solely responsible for your conduct while using our Website. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and RLF;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell, resell or commercially use our Website;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
• Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
• Use our Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
• Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Website;
• Develop or use any applications that interact with our Website without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
• You may also post, submit, or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, submit, store or share any User Content that:
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with any person or entity;
• Contains any unsolicited promotions, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Website, or may expose RLF or others to any harm or liability of any type.

Enforcement of this Section is solely at RLF’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.

J. Disclaimers

Your use of this Website is at your sole risk. Any content and services provided on or through this Website are provided “as is” and without any warranties of any kind, including warranties of fitness for a particular purpose, merchantability, or noninfringement of intellectual property. We do not warrant the accuracy or completeness of any information, materials, or services provided on or through this Website, to the extent permitted by law. While RLF attempts to make your use of our Website safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website.

K. Limitations of liability

To the fullest extent permitted by applicable law, we do not assume any responsibility, and will not be liable, for any damages to your electronic equipment used to access, browse, or download materials from this this Website, including viruses. Continuous, uninterrupted, or secure access to our Website is not guaranteed, and operation of the Website may be impacted by a variety of external factors beyond our control.

Under no circumstance will we, or any of our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns, nor any party involved in the creation or transmission of this Website (collectively, “RLF-Related Parties”), be liable to you under any theory of liability for any indirect, special, punitive, incidental or consequential damages, such as lost profits, lost data or business interruption, arising out of or resulting from the use or inability to use this Website, any linked websites, or any materials, information, or services found on any or all such websites, whether based on contract, tort, warranty or any other legal theory, regardless of being advised of the potential for such damages, to the extent permitted by law.

The total liability of RLF and RLF-Related Parties for any claim arising out of or relating to these Terms or our Website, regardless of the form of the action, is limited to $5.

L. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless RLF our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns (collectively, the “Indemnified Parties”), from and against all losses, expenses, damages, demands, claims, liabilities, and costs, including reasonable attorneys’ fees, arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Website. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.

M. General

These terms of use shall be governed by the laws of the State of California. Any claim or dispute that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of California. Venue for any action shall be in Sacramento County, California. These terms of use, together with the privacy policy and any other legal notices we publish on the Website, shall constitute the entire agreement between us concerning the Website. If any provision of these terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any term of this these terms of use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that the communications and transactions between us may be conducted electronically.