Terms of use

Effective as of March 07, 2024

01 — General information regarding these terms of use

Welcome, and thank you for your interest in CarbonPlan, a California nonprofit corporation (“CarbonPlan,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all the websites that CarbonPlan operates that reference these Master Terms, including https://carbonplan.org and all subdomains thereof, and our Github account (https://github.com/carbonplan) (collectively, the “Websites”). These Master Terms also apply to all content, data, software, products, functionality, and/or services provided through the Websites (together with the Websites, the “Services”). Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service. Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and CarbonPlan in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Section 01: These terms, together with any special terms for particular websites, create a contract between you and CarbonPlan. The contract governs your use of all websites operated by CarbonPlan that reference these terms, including our Github account. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

02 — Your agreement to the terms

BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I AGREE” or otherwise accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

You must be of the age of majority in your jurisdiction (typically age 18), or have the consent of your parent or guardian (who must and hereby does also agree to these Master Terms) to use the Services. You may not use the Services under any circumstances if you are under 13 years of age.

Human-readable summary of Section 02: Please read these terms and only use our sites and services if you agree to them. If you are under 18, please get consent from a parent or guardian that agrees to these terms. If you are under 13, you cannot use our sites and services.

03 — Changes to the terms

From time to time, CarbonPlan may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Section 03: These terms may change. When the changes are important, we will put a notice on the website(s). If you continue to use the sites after the changes are made, you agree to the changes.

04 — Content available through the Services

Provided as-is: You acknowledge that CarbonPlan does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is CarbonPlan liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

Licensing of CarbonPlan-Owned Content: Consistent with our charitable mission to build open tools and resources for the evaluation and deployment of climate solutions, we aim to release software, articles, models, and datasets under maximally permissive licenses. Please check individual code repositories or project pages for specific license information.

Licensing of Third Party Content: We may link to or publish content, information, tools, data, and/or software on our Websites that belong to or originate from third parties (the “Third Party Content”). We may indicate on the Websites which licensing terms we believe apply to such Third Party Content, but we cannot guarantee that such indications are accurate. You agree to independently verify the terms of the license and other copyright and attribution information associated with any Third Party Content you intend to use. You agree that you are solely responsible for your use of Third Party Content made available through the Services, including independently verifying the license that applies to such Third Party Content, and complying with such license, including by providing proper attribution when required. You should review the terms of the applicable license before you use any Third Party Content so that you know what you can and cannot do.

Human-readable summary of Section 04: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. CarbonPlan-owned content on the site is licensed as indicated on our Websites. We may express an opinion about which licensing terms we believe apply to third-party content, but be sure to independently verify the license terms, attribution, and other copyright information before using it.

05 — Content supplied by you

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You also represent, warrant, and agree that you have all rights necessary to grant the licenses specified herein, and that you will prominently and accurately mark Your Content with licensing and other applicable permission status and attribution information.

Licensing Your Content to Us: If you contribute Your Content (which includes, without limitation, any software, article, post, code, content, data, suggestion, feedback, or any other information) to us, including through our Services, you will and hereby do grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable license to copy, modify, distribute, publicly display and publicly perform Your Content in all forms of media for the purpose of providing the Services, including without limitation sharing Your Content with other users, analyzing it on our servers, making production, archival and backup copies, and improving the Services over time.

Licensing Your Content to Other Users: If you post Your Content such that it is viewable by other users, you grant to such other users a worldwide, nonexclusive, royalty-free license to copy, use, display and perform Your Content, as permitted through the functionality of the Service. If you contribute Your Content to any portion of the Services that requires you to grant a specific additional license to other users, such as a public license, you will and hereby do grant that license to us, and to the other users of the Services. By way of example, whenever you add Your Content to one of our code repositories containing notice of a license, you license that content under the same terms, unless we have a separate contributor license agreement that specifies different terms. In addition, we may specify that submissions to certain portions of our Websites must be made pursuant a public license, such as CC-BY 4.0, and when you make such a submission then Your Content shall be, and is, licensed under the terms of the license we specify. If you do not want to license Your Content under the specified license, then you should not submit Your Content.

Removal: CarbonPlan may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or CarbonPlan) does not impact any rights you granted in Your Content.

Human-readable summary of Section 05: We do not take any ownership of your content when you post it on our sites. If you do post content, then we have the right to use that content to provide our services to you and to other users. Some portions of our sites may also require that you grant a license to other users. For example, if you contribute code to our GitHub repository, you license it under the same license terms that apply to that repository. If we specify that certain content you post must be licensed under a Creative Commons or other public license, then by posting you grant that license. You are responsible for any content you upload to our sites: only post content you are entitled to post, and include any required licensing and attribution information.

06 — Registered users

Registration: If we make available the opportunity to register for any of the Services, you agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

Termination: CarbonPlan reserves the right to modify or discontinue your access, account, or your membership in any Service at any time for any reason or no reason at all.

Human-readable summary of Section 06: CarbonPlan has the right to end your account at any time. You are responsible for the use of your account. And of course, please do not set up an account for someone else unless you have permission to do so.

07 — Prohibited conduct

You agree not to engage in any of the following activities:

Violating laws and rights:
  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation:
  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Disruption:
  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:
  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
Impersonation or unauthorized access:
  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s account or personal information without authorization; and
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining, or any other means.

Human-readable summary of Section 07: Play nice. Be yourself. Don’t break the law or be disruptive.

08 — DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) ON AN AS-IS AND AS-AVAILABLE BASIS, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARBONPLAN DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CARBONPLAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARBONPLAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Section 08: CarbonPlan does not make any guarantees about the sites, services, or content available on the sites.

09 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARBONPLAN BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CARBONPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARBONPLAN IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Section 09: CarbonPlan is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

10 — Indemnification

To the extent authorized by law, you agree to indemnify, defend, and hold harmless CarbonPlan, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with the Services or any Content, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.

Human-readable summary of Section 10: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CarbonPlan for the damage it causes.

11 — Trademarks

CarbonPlan’s name and logo, and the names and logos of various Services offered by CarbonPlan, are trademarks of CarbonPlan. Because of the likelihood of confusion, you may not use any of our trademarks in a domain name, in the name of your software project, to describe any CarbonPlan Content that has been modified by a party other than CarbonPlan, or for any other purpose without our express written permission. For clarity, you do not need our permission to use the CarbonPlan name, or the names of our Services, for purely nominative fair uses (e.g., to refer to CarbonPlan as an organization, or to refer to an unmodified version of a CarbonPlan Service), provided that such use does not imply endorsement by or association with CarbonPlan.

Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.

Human-readable summary of Section 11: You may use CarbonPlan’s wordmarks only for referential purposes, and only to refer to unmodified CarbonPlan Content. Other trademarks used on this site are not intended to suggest endorsement or affiliation with CarbonPlan.

12 — Copyright, trademark complaints

CarbonPlan respects intellectual property rights, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s intellectual property rights.

To report allegedly infringing Content hosted on a website owned or controlled by CarbonPlan, send a Notice of Infringing Materials to our Designated Agent, containing each of the following:

  1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
  6. Your physical or electronic signature.

Our Designated Agent may be reached at:

Laurence S. Donahue, Esq.
Law 4 Small Business (L4SB)
6801 Jefferson St. NE, Ste. 220
Albuquerque, NM 87109
LegalResponseTeam@L4SB.com

Human-readable summary of Section 12: Please let us know if you find infringing content on our websites.

13 — Termination

By CarbonPlan: CarbonPlan may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by CarbonPlan at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services automatically terminates upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Section 13: If you violate these terms, you may no longer use our sites.

14 — Miscellaneous terms

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between CarbonPlan and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and CarbonPlan as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and CarbonPlan relating to this subject matter and supersede any and all prior communications and/or agreements between you and CarbonPlan relating to access and use of the Services.

Human-readable summary of Section 14: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

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