Terms and Conditions

Effective: 2/1/2018

These terms and conditions (“Terms and Conditions”) apply to your use of all Climate IQ® websites, services and products (“Services” or individually a “Service”).


Interpretation

In these Terms and Conditions, the following words and phrases shall bear the following meanings:

  • “The Company” means CINCS LLC.dba Climate IQ®, whose registered office is at 561 Broadway, New York, New York, United States.
  • “User” means any person who accesses or uses climate-iq.com, including Authorized Users.
  • “Authorized User” means User who has been assigned a unique username and password to access and use the Services.
  • “climate-iq.com” or the “Website” means the website owned and/or operated by the Company that hosts the Climate IQ® product.
  • “Material” means data or information in any format, including but not limited to the text, images, photographs, graphics, video or sound materials whether existing at the time of registration or not, published on climate-iq.com, whether copyright of a third party and which is communicated or transmitted to the User in using climate-iq.com.
  • “Service” mean the Climate IQ® software hosted on climate-iq.com can generate climate risk reports for properties.

Use of the Website

By accessing or using climateiq.com, the User agrees to fully comply with all applicable laws, governmental regulations, and these Terms and Conditions. If the User does not which to be bound by them he/she should leave the site now and not use this Website in the future.

The User shall indemnify the Company against all costs, claims, demands or expenses incurred by or made against the Company and/or climateiq.com as a result of any breach of these Terms and Conditions by the User and/or by any third party permitted or facilitated by that User to have access to any Material.


Use of Material

The User may download Material electronically; print extracts and/or make copies of these for his/her own personal and noncommercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.

Service users please review the section of User Account.


Data Protection and Privacy Policy

Please carefully review our Cookie Policy, which is incorporated into and a part of these Terms.


Specific Terms Regarding Climate. IQ® Service Usage

The prohibited uses described in this section are intended as general guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list.

User Account

Currently, only Authorized Users are entitled to access the Service. Authorized Users shall keep passwords and all other login information confidential. Authorized User is responsible and liable for any violation of the terms and conditions.

Authorized User is solely responsible for the security of its login information, for the use or misuse of such Login Information and all activities that occur through the use of such Login Information or as a result of your access to the Services.

Authorized User shall promptly notify Climate IQ® of any suspected or alleged violation of these terms and conditions, and shall reasonably cooperate with Climate IQ® with respect to the investigation of any suspected or alleged violation of these Terms and Conditions. Climate IQ® may suspend, modify, restrict or terminate Authorized User’s access to the Service if Climate IQ® reasonably suspects or determines that any Authorized User has violated these terms and conditions.

General Prohibitions

Authorized User shall use the Service exclusively for authorized purposes, consistent with all applicable laws, rules, and regulations. Authorized User agrees that it will not, and will not permit any employee or other third party including but not limited to:

  1. copy, modify, adapt, alter, translate, display or use the Service, except as expressly allowed herein or in the applicable documentation;
  2. sublicense, lease, rent, loan, distribute, resell, provide access to the Service on a service bureau basis, or otherwise transfer the Service, including, as applicable, the documentation, software, associated user interfaces, help resources, and any related technology or service Climate IQ® makes available via the Service and the internet, and all updates and upgrades thereto, if any, to any third party;
  3. reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Service;
  4. contest or do or aid others in contesting or doing anything which impairs the validity of any proprietary or intellectual property rights, title, or interest of Climate IQ® in and to the Service;
  5. obliterate, alter, or remove any proprietary or intellectual property notices from the Service in physical or electronic form;
  6. use the Service to interfere with, gain unauthorized access to, or otherwise violate the security of Climate IQ® or another party’s server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing;
  7. use the Service to violate any applicable law, statute, ordinance or regulation; or
  8. use the Service to transmit, publish, or distribute any material or information (1) that contains a computer virus or other code, files, or programs designed to disrupt or interfere with the functioning of the Services, (2) for which Authorized User does not have all necessary rights and licenses, including any material or information that infringes, violates, or mis-appropriates the intellectual property rights of any third party, or (3) that is or that may reasonably be perceived as being harmful, threatening, offensive, obscene, or otherwise objectionable.
Disclaimer of Warranties and Liabilities

The materials may contain inaccuracies and typographical errors, and are provided “as is” without any express or implied warranty of any kind including, but not limited to:

  1. warranties of accuracy, completeness, merchantability, non-infringement of intellectual property, or fitness for any particular purpose or
  2. warranties of the reliability of any advice, opinion, statement, or other information displayed or distributed through the climate-iq.com.

You acknowledge that any reliance on any such advice, opinion, statement, memorandum, or information shall be at your sole risk. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Climate IQ® may make any other changes to the Website, the materials, the service or information contained in this Website at any time without notice. In no event shall Climate IQ® be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, anticipated saving or profits) arising out of the use of or inability to use the materials, even if Climate IQ® has been advised of the possibility of such damages. Climate IQ® also does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. You understand and agree that any materials downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of materials.

Trademarks and Intellectual Property

The Website, Service, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Website, Service and Collective Content, including all associated intellectual property rights, are the exclusive property of Climate IQ®. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Service, or Collective Content.

All Material is the property of the Company. Reproduction without the Company’s permission is prohibited. For such permission Users should write to the Company at the registered address.

Applicable Law and Jurisdiction

The Terms and Conditions are governed by the Laws of the United States and shall be subject to the exclusive jurisdiction of the American courts.

Changes to Terms and Conditions

The Company reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, and the Service.
You may submit Feedback by emailing us via admin@climate-iq.com.

© 2018 CINCS LLC dba Climate IQ®. – Registered in the United States.