The following Terms and Conditions govern the business relationship between CleanTechies, (“CleanTechies” or “Company”) and the User, subscriber, or business (“User”), as of the day, month and year (“Effective Date”) that User first accesses CleanTechies.
Last updated June 30, 2020
Terms & Conditions
- Responsibility of User.
User agrees to represent only truthful statements to the best of their knowledge and to be held fully liable for any misrepresentations of any materials submitted for publication on CleanTechies. User acknowledges the significant repurcussions that may arise via libel, slander, or other wrongful use suits, and the damages that may occur from misrepresentation of themselves or others, and agrees to indemnify and hold harmless CleanTechies, its owners, agents, employees, subsidiaries, partners and other affiliated entities for any such cases, including all reasonable attorneys’ fees.
- Inherent potential for harm.
The User acknowledges that the misrepresentation of facts represents an inherent potential for harm, which may include but not be limited to damages to personal and business reputations, wealth, or other assets, as well as lost revenues, goodwill, employee motivation, and more. If, upon later learning, a User recognizes that they have misrepresented anything in the content they submitted, they can submit a request to take the content down, via email to email@example.com. User understands that even if the content is removed, User is still responsible for any damages that may have occurred during the time in which the content was published and available.
- Term and Termination.
This Agreement shall become effective on the Effective Date and/or the date a form is submitted, whichever is earliest. The Agreement continues in perpetuity, so long as any user-submitted content continues to exist on the site, which, is at the sole discretion of the Company.
We encourage you to contact us if you have an issue of any kind. If a dispute arises out of the terms of this Agreement or its interpretation, related to your use of our products or services, and it can’t be resolved after talking with us, then it must be settled in arbitration between the parties and/or their representatives. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding. We are also waiving these rights (we believe in fairness!).
We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms. This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.
- User Representations and Warranties.
Beginning on the Effective Date and continuing for the entire duration of any engagement between User and the Company, including but not limited to the use of any products the company sells, the User acknowledges and attests that he or she is a) fully authorized and empowered to enter into this Agreement, b) is eighteen (18) years of age or older, and c) is the person using CleanTechies and accurately representing themself as such.
The User agrees that the Company shall not be responsible for any negative outcomes incurred by any use of the Company’s products, including publication of a submitted bio. Except with respect to the parties’ indemnification obligations, neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have not been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability and other torts.
- Disclaimer of warranty.
The warranties contained herein and in any addenda are the only warranties made by the parties hereunder. Each party makes no other warranty, whether express or implied and expressly excludes and disclaims all other warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company does not provide any warranty that operation of any services hereunder will be uninterrupted or error-free.
User agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the User’s experiences of and use of any of Company’s products or services under this Agreement. This provision shall survive the duration of this Agreement.
- Governing law and jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada without any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement shall only be brought, tried, and resolved in the applicable federal or state institutions having jurisdiction in the state of Nevada.
- Waiver of rights.
A failure or delay in exercising any right, power, or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power, or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power, or privilege or the exercise of any other right, power, or privilege.
If any clause of this contract is found to be invalid for any reason, both parties agree it will not invalidate any other clauses or aspects of the rest of the contract.
- Entire Understanding.
This document and any attached Appendices constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.