Welcome to nectarclimate.com (the “Site”), operated by Pairly Climate, Inc. (“Pairly Climate,” “we,” “us,” or “our”). These Terms and Conditions of Use (“Terms”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site. Please read these Terms carefully before using the Site. By accessing or using the Site, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.
1. Use of the Site
The Site and its entire contents, features, and functionality are owned by Pairly Climate, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Pairly Climate, a Pairly Climate employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Pairly Climate or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
2. Privacy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy, which describes our practices related to the collection, use, and disclosure of your personal information. By using the Site, you consent to the data practices described in our Privacy Policy.
If you have questions about our privacy practices, please contact us at legal@nectarclimate.com.
3. Proprietary Rights
The Site and its original content, features, and functionality are and will remain the exclusive property of Pairly Climate, Inc. and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pairly Climate, Inc.
You acknowledge that all intellectual property rights, including without limitation patents, copyrights, trademarks, trade secrets, and any other proprietary rights in or related to the Site, its content, and the software and technology underlying the Site, belong exclusively to Pairly Climate, Inc. or its licensors. Nothing in these Terms grants you any right, title, or interest in the Site or its content other than the limited right to use the Site in accordance with these Terms.
Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
4. Links
The Site may contain links to third-party websites or services that are not owned or controlled by Pairly Climate, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pairly Climate, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PAIRLY CLIMATE, INC. NOR ANY PERSON ASSOCIATED WITH PAIRLY CLIMATE, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER PAIRLY CLIMATE, INC. NOR ANYONE ASSOCIATED WITH PAIRLY CLIMATE, INC. REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PAIRLY CLIMATE, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability
IN NO EVENT WILL PAIRLY CLIMATE, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. General Information
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be instituted exclusively in the federal or state courts located in the State of New York, and you consent to the personal jurisdiction of such courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and Pairly Climate, Inc. regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
We may revise these Terms from time to time. The most current version will always be posted on the Site. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.
If you have any questions about these Terms, please contact us at legal@nectarclimate.com.