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.

For more information, see the privacy policy

License

TERMS OF USE

BINDING EFFECT This is a binding agreement (“Agreement”) between the person using the Internet site located at www.gemi.climateearth.com (the “Site”) or any services provided in connection with the Site (the “Services”) as well as the company or entity on whose behalf such person is using the Site or Services (“Your Company” and together with you, “you”) and Climate Earth, Inc. (“Company”). The Site and Services are a joint collaboration of Company together with University of Minnesota, and its NorthStar Initiative for Sustainable Enterprise (NiSE) ("University"), and the Supply Chain Sustainability Work Group of the Global Environmental Management Initiative (“GEMI” and together with University, “Collaborators”). By using the Site or Services, you agree to abide by these Terms of Use, as they may be amended by the Company from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.

BY CLICKING “I AGREE”, YOU ARE INDICATING THAT (1) YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND TO THEM; AND (2) YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE POWER AND AUTHORITY TO BIND YOUR COMPANY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO LEGALLY BIND YOUR COMPANY, PLEASE CLICK “CANCEL”. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE OR SERVICES.

PRIVACY POLICY. A complete statement of Company’s current privacy policy (“Privacy Policy”) can be found by clicking here . The Privacy Policy is expressly incorporated into this Agreement by this reference.

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.

All raw data, information, or other content you post, download, display, transmit, enter or otherwise input (“User Data”) to the Site or Services, shall be owned by Company, and Company will own all right, title, and interest in and to such raw data. By inputting User Data, you acknowledge and agree that Company shall own such User Data. Company will own all right, title, and interest in and to all intellectual property derived from the User Data, including without any reports generated from User Data (“Reports”). Without limiting the foregoing, this means the Company may use your User Data connection with the operation of the business of Company, including without limitation having the right to copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat User Data. Company and its Collaborators may publish or otherwise disclose your User Data and Company and its Collaborators will have the right to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of the User Data and any other information contained in Reports and to disclose such User Data, Reports and the results of any analysis in aggregated or any other form. You will not be compensated for any User Data. By inputting User Data on the Site or Services, you warrant and represent that (1) you own the rights to the User Data or are otherwise authorized to provide the User Data to Company as provided herein; and (2) and that the User Content will not include any personally identifiable information (e.g., SSN, financial account numbers, driver’s license numbers, medical information or health insurance information) or any information or data other than the generalized and anonymized financial and other data and information required by Company to provide the Services. You acknowledge and agree that User Data and Reports are publicly available and, that by entering the Site, using the Services and providing Company with your User Data, you are agreeing to release your User Data to the public.

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.

ALLEGED VIOLATIONS.

Company reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Services by others.

NO WARRANTIES.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY AND ITS COLLABORATORS ARE MAKING THE SITE, SOFTWARE, SERVICES, CLIENT SUPPORT AND THEIR RESPECTIVE OUTPUT (INCLUDING REPORTS) AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, SOFTWARE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS COLLABORATORS EACH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR STATUTORY REGARDING THE SITE, SOFTWARE, SERVICES,CLIENT SUPPORT, AND THEIR RESPECTIVE OUTPUT (INDLUDING REPORTS), INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AS WELL AS ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. EACH OF COMPANY AND ITS COLLABORATORS DOES NOT WARRANT THAT THE SITE, SOFTWARE, SERVICES, CLIENT SUPPORT OR THEIR RESPECTIVE OUTPUTS (INCLUDING REPORTS) WILL MEET YOUR REQUIREMENTS OR THAT THE SITE, SOFTWARE, SERVICES CLIENT SUPPORT OR THEIR RESPECTIVE OUTPUTS (INCLUDING REPORTS) WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE OR SECURE, OR THAT ERRORS OR FAILURES WILL BE CORRECTED OR REMEDIED; AND EACH HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION THEREWITH. WITHOUT LIMTATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS COLLABORATORS ARE PROVIDING A SERVICE THAT IS INTENDED ONLY TO ASSIST YOU IN OPERATING YOUR OWN BUSINESS AND THAT YOU ARE SOLELY RESPONSIBLE FOR (AND COMPANY AND/OR ITS COLLABORATORS ASSUME(S) NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) THE DECISIONS THAT YOU MAY MAKE, YOUR USE OF THE SITE, SERVICES, SOFTWARE, CLIENT SUPPORT, REPORTS AND/OR ANY INFORMATION (INCLUDING ANY PROJECTIONS AND RECOMMENDATIONS) PROVIDED IN CONNECTION THEREWITH, OR ANY EFFECTS ON BUSINESS THAT MAY RESULT FROM SUCH USE. EACH OF COMPANY AND ITS COLLABORATORS MAKES NO WARRANTIES TO ANY THIRD PARTY. COMPANY AND/OR ITS COLLABORATORS WILL NOT BE LIABLE FOR ANY DEFICIENCY IN PERFORMING UNDER THIS AGREEMENT IF SUCH DEFICIENCY RESULTS FROM YOUR FAILURE TO PROVIDE COMPLETE AND ACCURATE INFORMATION OR OTHER COOPERATION REASONABLY NECESSARY FOR COMPANY’S PERFORMANCE HEREUNDER (INCLUDING WITHOUT LIMITATION YOUR PROVISION OF DATA). This Section 8 will be enforceable to the fullest extent allowed by applicable law. No information or advice (whether written, oral or otherwise) provided by Company, its representatives, or its Collaborators will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in this Agreement.

LIMITED LIABILITY.

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.

AFFILIATED SITES.

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates, including its Collaborators, whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES.

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.

INDEMNITY.

You agree to indemnify Company and its Collaborators for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its Collaborators, affiliates, officers, directors, employees, consultants, agents, and representatives against any and all claims (including third party claims), losses, liability, damages, or costs, proceedings or threatened proceedings (including attorney fees and arbitration or court costs at both trial and appellate levels) for any actual or alleged loss, damage or injury arising from or relating to your access to or use of the Site, software, or Services; your violation of these Terms of Use; or your infringement of any intellectual property or other right of any person or entity.

COPYRIGHT.

All contents of Site or Service are: Copyright © 2014 Climate Earth, Inc., 2150 Allston Way, Suite 320, Berkeley, CA 94704. All rights reserved.

GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA in all disputes arising out of or related to the use of the Site or Services.

SEVERABILITY; WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE.

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.

MODIFICATIONS.

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ARBITRATION.

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.

GENERAL PROVISIONS.

These Terms of Use (which include the Privacy Policy, which is incorporated herein by this reference) constitute the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. You may not assign this agreement, whether voluntarily, by operation of law, or otherwise, without the prior written consent of Company. Any attempted assignment other than in accordance with this Section will be null and void. This Agreement may be freely assigned by Company. Subject to the foregoing, the rights and liabilities of the parties hereto are binding on, and will inure to the benefit of, the parties and their respective successors and assigns. You will comply with all applicable United States and other export control laws, rules, and regulations relating to access to or use of the Site, software and Services. If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the software and the documentation are governed by the terms of this Agreement. You agree that Company may identify you as a customer of the Site in marketing, promotional and other materials.

ACKNOWLEDGEMENT. BY CLICKING “I AGREE” AND USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 
 
 

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