Pilot GEMI Supply Chain Sustainability (SCS) Tool
Open Data Warning
WARNING: Spend data entered and results returned by this application are not protected. This website can be accessed by any person that has the web address and any previously entered scenario can be retrieved by entering the URL.
The Services, as well as reports generated by the Services (together, “Site IP”) may be available to you on the Site. Conditioned on your compliance with the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site IP, only for the purpose of analyzing the potential carbon dioxide emissions and water impacts of different purchase scenarios based on general financial information about purchase categories input by you. Company does not transfer either the title or the intellectual property rights to the Site IP and Company, its licensors or Collaborators retain full and complete title to the Site IP as well as all intellectual property rights therein. Other than sharing reports generated by the Site IP by email (which is a function included on the Site), you may not sell, redistribute, or reproduce the Site IP.
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Company, its licensors or Collaborators providing the Site and Services have and will own all right, title and interest, including all intellectual property rights, in and to the Site, Services, any underlying software, and any data or information used with or generated by the Site, Services, or software including the Reports. You will not take any action to jeopardize, encumber, limit, or interfere in any manner with Company’s, its licensors’, or its Collaborator’s ownership of and rights with respect thereto. You will have only those rights in and to the Site, Services, software, and Reports as are expressly granted under this Agreement, and no other rights will be implied.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the software or Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site, software and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Data in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Data you provide or transmit. The burden of proving that any User Data does not violate any laws or third party rights rests solely with you.
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TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (A) IN NO EVENT WILL COMPANY, ITS LICENSORS OR ITS COLLABORATORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED; AND (B) COMPANY’S AND/OR IT’S COLLABORATOR’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE), WILL NOT EXCEED $500. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, software, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, Services or software to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site, software, or Services; (f) downloading or copying all or any portion of any software (other than non-persistently in computer memory only for so long as the Site, software or Services are being actively used); (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code, algorithms, methods, or techniques used or embodied in the software, Site or Services; (h) translating, creating derivative works based on, or modifying the Site, Services or any software; (i) removing or altering any copyright, trademark, confidentiality, or other proprietary notices, legends, symbols, or labels appearing on the Site and in connection with the Services; or (j) accessing or using the Site or Services for or in connection with providing services to third parties or to process data or other information on behalf of any third party. Any violation of system or network security may subject you to civil and/or criminal liability. All trademarks and logos are owned by Company, its licensors or its collaborators, and you may not copy or use them in any manner. You will use the Site, software and Services in accordance with all applicable laws, rules, and regulations and only in accordance with this Agreement. Any access or use other than in accordance with the terms and conditions of this Agreement is unauthorized. In addition to any other remedies, Company may suspend or terminate your access and use rights if you fail to comply with this Section or any other terms and conditions of this Agreement.
All contents of Site or Service are: Copyright © 2014 Climate Earth, Inc., 2150 Allston Way, Suite 320, Berkeley, CA 94704. All rights reserved.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company, its Collaborators, or by any third party.
Any claim, controversy or dispute arising under or relating to this Agreement that the parties are unable to resolve themselves will be settled by binding arbitration in San Francisco, California, administered by the American Arbitration Association in accordance with its then current Commercial Arbitration Rules, as modified or supplemented hereby, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration will be English. Unless otherwise agreed, there will be only one arbitrator.