Terms of Use Agreement

This website (the “website”) is operated by the Romero Institute (“we”, “us” and/or “our”) and has been created to accomplish our mission of building a global movement to promote solutions for social and environmental justice (the “Mission”) with the help of website visitors (“you”, “your”). In furtherance of this Mission and in order to ensure that the website operates smoothly, we need for you to agree to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully.

1. Acceptance of the Terms and Conditions.

1.1

By accessing or using the website, you acknowledge that you have read, understood, and agree to this Agreement.

1.2

We may change this Agreement from time to time without notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the website. The revised terms and conditions will become effective at the time we post them. Any use of the website after that time shall constitute your acceptance of such revised terms and conditions.

1.3

Your access to and use of the website is also subject to our Privacy Policy, whose terms and conditions are incorporated in this Agreement by reference.

2. Use of the Web Site

2.1

In conveying our message and organizing our network, we include a wide variety of material on the website (the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. Some of this Content includes text; however, in order to communicate with members of our movement in different parts of the globe, much of the Content includes graphics, images, software, and video. This Content is protected by United States and foreign intellectual property laws. As a visitor, you agree that you have no rights in or to the Content except as granted in this Agreement and that you will not use, copy, make derivative works of, display, or distribute the Content except as permitted under Section 2.2 of this Agreement. If you violate any part of this Agreement, your right to access and/or use the Content and website will automatically be revoked, and you will destroy any copies you have made of the Content.

2.2

The Romero Institute grants you a non-exclusive license to use, copy, make derivative works of, display, and/or distribute the Content in ways that are in furtherance of the Mission, as determined in our sole discretion, provided that the Content contains no credit or attribution to third-parties. If the content contains credit or attribution to a third-party Content creator, you are required to abide by all license agreements as set forth by the third-party Content creator.

2.3

To help create a globally recognized brand for our movement, the website contains registered and unregistered trademarks, service marks, and logos belonging to the Romero Institute and third parties (the “Trademarks”). You agree not to display or use the Trademarks in any manner without our prior consent.

2.4

In order to ensure our ability to accomplish our Mission, it is essential that the website function properly. Accordingly, you agree not to:

(a) take any action that imposes an unreasonable load on the website’s infrastructure;

(b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the website;

(c) attempt to decipher or reverse engineer any of the software comprising or making up the website;

(d) delete or alter any material posted on the website by the Romero Institute or any other person or entity; or

(e) modify, remove, or otherwise alter in any way any portion of our video player.

2.5

To provide you with access to even more information you might find interesting, the website contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others, and we are not responsible for any such content. We suggest contacting those External Sites directly if you have any concerns regarding such links or any content located on such External Sites.

2.6

We are respectful of the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the website should be sent to the Romero Institute at: info@romerointitute.org.

3. Limitation of Liability and Disclaimer of Warranties.

Although we make great efforts to ensure that the website functions properly and serves as a powerful tool for organizing a global movement against the climate crisis, it is necessary for us to limit our legal liability in the event that something does go wrong. Accordingly, we need for you to agree to the following limitations of liability and disclaimers of warranties.

3.1

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 350.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

(b) THE ROMERO INSTITUTE MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ROMERO INSTITUTE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

3.2

THE ROMERO INSTITUTE, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES (THE “PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification.

In an unanticipated situation where your breach of this Agreement or misuse of the website causes a problem for the Romero Institute, we find it necessary to protect ourselves to prevent possible harm to our ability to accomplish our Mission. Accordingly, you agree to defend, indemnify, and hold harmless the Romero Institute and its DBAs from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or website. We will provide you with notice of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests in assisting us.

5. Termination of the Agreement.

5.1

In order to remain flexible in the ever-evolving fight against the climate crisis and social injustice, we reserve the right to restrict, suspend, or terminate this Agreement and your access to all or any part of the website or the Content at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the website or the Content at any time without prior notice or liability.

5.2

The provisions regarding “Use of the website”, “Limitation of Liability and Warranty”, “Indemnification”, “Termination of the Agreement”, and “Miscellaneous” will survive the termination of this Agreement.

6. User Must Comply with Applicable Laws.

Although the Romero Institute’s movement is global, this website is based in Santa Cruz, California, USA. We make no claims concerning whether the Content may be downloaded or viewed outside of the United States. Whether inside or outside of the United States, you agree to be solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7. Miscellaneous.

7.1

This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Santa Cruz in the State of California.

7.2

If any provision of this Agreement is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement.

7.3

If the Romero Institute fails to act on or enforce any provision of the Agreement, it shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver is effective against the Romero Institute unless it is made in writing.

7.4

Except as expressly agreed by the Romero Institute and you, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between you and the Romero Institute with respect to the subject matter.

The Romero Institute is a 501(c)3 nonprofit law and policy organization registered in the United States