Privacy Policy & Terms Of Use

TERMS OF USE

1.    How to Enter Into an Agreement with TeraVista Systems Holdings Inc.

    A.    By using and/or visiting this website (including all information on the ClimateSuite domain name and any and all TeraVista websites), you are expressing your agreement to:  (1) these terms and conditions (the “Terms of Use”), (2) TeraVista’s Privacy Notice incorporated herein and made a part hereof, found at:

http://www.climatesuite.com/privacy-policy

If you do not agree to any of these Terms of Use, the TeraVista Privacy Notice, or the TeraVista Guidelines, please do not use the ClimateSuite website.

    B.    You should periodically review the most up-to-date version.  TeraVista may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree that with each visit that you make to the ClimateSuite website, you shall be subject to the current Guidelines, including all modifications and revisions.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    C.    These Terms of Use apply to all users of the ClimateSuite website, including any users who might be contributors of data content, information, and other materials or services on the website.  The ClimateSuite website includes all aspects of ClimateSuite, including all TeraVista owned domains and all websites showing ClimateSuite.

    D.    The ClimateSuite website contains links to third party websites that are not owned or controlled by TeraVista.  TeraVista has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.  In addition, TeraVista will not and cannot censor or edit the content of any third-party site.  By using the ClimateSuite website, you expressly release TeraVista from any and all liability arising from your use of any third-party website.  Please read the Terms, Conditions and Privacy Policy of the other websites that you visit.

    E.    In order to use this website, you may have to provide some information.  TeraVista will not be liable for any damages suffered by you or a third party caused by the provision of inaccurate information.

2.    Consent and Restrictions.

    TeraVista hereby consents to your access and use of the ClimateSuite website as set forth in these Terms of Use, provided that:

    A.    You agree not to distribute in any medium any part of the website without TeraVista’s prior written authorization.

    B.    You agree not to alter or modify any part of the website.

    C.    You agree not to access ClimateSuite’s content through any technology or means other than the website itself, or other explicitly authorized means TeraVista may designate.

    D.    You agree not to use the website for any commercial use, without the prior written authorization of TeraVista.  Prohibited commercial uses including any of the following actions taken without TeraVista’s approval:

  • Sale of access to the website or its related services on another website;
  • Use of the website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • And any use of the website or its related services that TeraVista finds, in its sole discretion, uses TeraVista ’s resources with the effect of competing with or displacing the market for TeraVista or affiliates or third parties.

E.    You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that sends an unreasonable amount of messages to the TeraVista servers.  Notwithstanding the foregoing, TeraVista grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  TeraVista reserves the right to revoke these exceptions either generally or in specific cases. 
F.    You will otherwise comply with the terms and conditions of these Terms of Use, TeraVista Guidelines, and all applicable local, national, and international laws and regulations.

G.    TeraVista reserves the right to discontinue any aspect of the ClimateSuite website at any time.

3.    Restrictions and Conditions on Content.

In addition to the general restrictions above, the following restrictions and conditions apply to your use of content on the ClimateSuite website:

A.     You are agreeing by acceptance of this Terms of Use, that you are sharing your data that may be accessed by other third parties for the purpose of performing the functions of the ClimateSuite services, including, but not limited to carbon offset enrollment, verification, registration of credits, trading and brokering of credits, management of data within exchanges and other functions deemed necessary.

B.    As a user defined as a broker, aggregator, verifier, buyer or consultant, you agree to the Terms of Use; additionally that you are accessing data for the purpose of providing services associated with 3. A. 

4.    Termination Policy.

TeraVista will terminate a User’s access to its website if, in its sole discretion, it determines that the user has engaged in non-compliance with these Terms of Use and the Guidelines adopted therein.

5.    Disclaimer of Warranty.

The materials and information you find on the ClimateSuite website are provided “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the ClimateSuite website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or noninfringement.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  All efforts will be used to maintain the site but you should not assume that it is error-free.  TeraVista is not responsible for the results of any defects that may be found to exist in the site or any lost profits or any other damages or injuries whatsoever that may result from such defects.  

TERAVISTA DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN CONNECTION WITH THE CLIMATESUITE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY WAY.

6.    Limitation of Liability.

Neither TeraVista nor its officers, directors, employees, or agents shall be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your access to and use of the ClimateSuite website.  This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  You specifically acknowledge that TeraVista is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and TeraVista reserves the right to remove such materials from the ClimateSuite website without liability.

7.    Indemnification.
    
By accessing and using the ClimateSuite website, you agree to defend, indemnify and hold harmless TeraVista, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including, but not limited to, attorney’s fees) arising from:  (i) your use of and access to the ClimateSuite website; (ii) your violation of any terms of these Terms of Use; and (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right.  This defense and indemnification obligation will survive these Terms of Use and your use of the ClimateSuite website.

8.    Affirmation of Competence.

The user of this website affirms that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

9.    Assignment.

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TeraVista without restriction.

10.    Governing Law.

The user agrees that these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Missouri.

11.    Arbitration and Limitations.

All disputes, claims and questions regarding the rights and obligations of the parties under these Terms of Use are subject to mandatory arbitration.  Either party may make a demand for arbitration by filing such demand in writing with the other party within ten (10) days after the party has knowledge that the dispute first arises, but in any event, within one (1) year after the cause of action accrues.  The ensuing arbitration shall be governed by the Rules of Commercial Arbitration of the American Arbitration Association.
 

THE USER AND TERAVISTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLIMATESUITE WEBSITE MUST BE BROUGHT IN COMPLIANCE WITH THE FOREGOING PARAGRAPH AS STRICTLY CONSTRUED.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12.    Effect of Partial Invalidity.

The invalidity of any part of these Terms of Use will not and shall not be deemed to affect the validity of any other part.  In the event that any provision of these Terms of Use is held to be invalid, TeraVista and the user agree that the remaining terms shall be deemed to be in full force and effect.

13.    Modification of Agreement.

TeraVista reserves the right to amend these Terms of Use at any time without notice.  It is your responsibility to review these Terms of Use for changes.  Your use of the ClimateSuite website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

14.    Entire Agreement.

These Terms of Use, together with the Privacy Notice at (put in address) and any other legal notices published by TeraVista on the website, shall constitute the entire agreement between you and TeraVista.

GUIDELINES

ClimateSuite is a software -as-services management platform licensed by aggregators of carbon credits and other environmental commodities in which owners of projects may enroll their data for, verifiers to view and access, brokers to manage and access for trades, and aggregators to manage the process, data, relationships, contracts and overall programs/projects/pools.  By using and or visiting this website and providing or using data, you are expressing your agreement to abide by these Guidelines.
You May Not

  • Post or share any content that infringes upon or violates the copyright, trademarks or other rights of other third parties.
  • Attempt or circumvent any content filtering techniques that we may use in the future.
  • Post or share pornographic or sexually explicit content.
  • Post or share brutal, dangerous, illegal or violent content. 
  • Violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense.
  •  Impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
  • Use information or content you obtained on the website or service in any manner not authorized by the Terms of Use.
  • Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Violations of the Terms of Use of these Guidelines may result in a warning notification or may result in termination of your account and deletion of all your activities.  We decide in our sole discretion whether submissions contrary to our policies should result in a warning or termination of your account.

PRIVACY STATEMENT POLICY

TeraVista does not collect personally identifiable information about individuals who visit our site except when the information is specifically provided on a voluntary basis by individual or entity that has rights to said imported data.  Such instances where personally identifiable information may be gathered are the account creation for services and in connection with enrollment, verification, registration of tons/credits, brokering of credits, inventory management, pool management, contracts and other deemed by TeraVista or Aggregator.

Personally identifiable information on individual users directly establishing an account, will not be sold to unaffiliated third parties; unaffiliated does not mean parties with whom you have an association with prior or by creating an account are now associated with, including Aggregators, Verifiers, Brokers, Buyers and Consultants, without the approval of the user at the time of collection.  Some information may be shared but not sold to third parties in order to create a profile for promotional information purposes.  TeraVista reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

TeraVista may perform statistical analyses of user behavior and characteristics in order to measure interest in and use of our site as well as market based data trends.  We may also inform advertisers and industry entities of such information as well as the number of users that have been in the site, completed transactions, enrolled, types of credits, volumes, dates in time and audits.  Only aggregated data from these analyses will be provided to third parties.  TeraVista may sometimes permit third parties to offer subscription and/or registration-based services through our site.  TeraVista is not responsible for any actions or policies of such third parties if a user decides to subscribe or register on those sites and users should check the applicable privacy policy when providing personally identifiable information to third parties.

The foregoing policies are effective as of January 1, 2009.  TeraVista reserves the right to change this policy at any time and will notify users of the existence of a new privacy statement.  This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.