Sightline Climate, Inc.
Terms of Service

Last Updated: October 13, 2023

These Terms of Service (“Terms”) form a binding agreement between you and Sightline Climate, Inc. or our applicable subsidiary (the “Company”, “we”, “us”).  By using the Company’s website and its related products or services (the “Service”), including “Sightline Climate” and “CTVC” content, you agree to all of these Terms. When using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so; in such case the term “you” or “your” refer to that organization. 

1. Use of Service 

a. Ownership and Intellectual Property.  All right, title, and interest to the content on the Service and all modifications, enhancements, and derivatives works thereof, and all associated graphics, user interfaces, logos and trademarks reproduced through the Service, shall remain the sole and exclusive property of the Company or its licensors.  These Terms and use of the Service do not grant to you any intellectual property license or rights in or to the Service or any of its components, except to the limited extent that such rights are necessary for your use of the Service as specifically authorized by these Terms. You recognize that the Service and its components are protected by copyright and other laws. You further acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by the Company and its subsidiaries through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company. You hereby unconditionally and irrevocably assign to Company, your entire right, title and interest in and to any intellectual property rights that you may now or hereafter have in or relating to the Service (including any rights in derivative works or patent improvements), whether held or acquired by operation of law, contract, assignment or otherwise.

b. Third Party Content. We may publish links or refer to websites maintained by third parties. We do not represent that we has reviewed such third party websites and are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Service are the property of their respective owners.

c. Prohibitions on Use. Except as authorized by the Company, you shall not (a) resell or distribute the Service, (b) create derivative works based on the Service; (c) copy, frame or mirror any part or content of the Service; (d) reverse engineer the Service, (e) apply manual data collection methods or automated web scraping to the Service; or (f) access the Service in order to: (i) build a competitive product or service; and/or (ii) copy any features, functions or design elements of the Service. 

d. Credit. You are permitted to reasonably utilize data or charts derived from the Service in accordance with these Terms, provided that any such use, including without limitation in reports or presentations, shall be credited with: “Source: Sightline Climate”, as applicable.

e. Feedback. We have not agreed to and do not agree to treat as confidential any suggestions or ideas for improving or modifying any of our products or services that you may provide to us, and nothing in these Terms will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit such feedback without compensating or crediting you. 

e. Privacy. Your use of the Service is governed by our Privacy Policy. 

2. Subscriptions
Subscription Terms Govern. If you have a paid subscription or entered into another agreement with the Company relating to the use of the Service, the terms of such subscription shall govern and supersede any conflicting provisions of these Terms. 

3. No Warranty; Limitation of Liability.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, AND ACCEPT THE SERVICE AND RELATED CONTENT “AS IS,” AND “AS AVAILABLE.” COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICE WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR (B) REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ITS CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. 
YOU FURTHER ACKNOWLEDGE THAT NONE OF THE INFORMATION PROVIDED THROUGH THE SERVICE CONSTITUTES (A) A SOLICITATION, OFFER, OPINION, ENDORSEMENT OR RECOMMENDATION TO BUY OR SELL ANY SECURITY, OR (B) LEGAL, TAX, ACCOUNTING OR INVESTMENT ADVICE OR SERVICES.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR REVENUE, ARISING FROM OR RELATING TO THE SERVICE UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR OTHER TORT, CONTRACT, OR ANY OTHER THEORY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR UTILIZING THE SERVICE.

4. Miscellaneous
a. Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Company, its affiliates, directors, officers, agents, and employees harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service, and (b) your violation of these Terms.  In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

b. Governing Law. These Terms and all disputes hereunder will be governed by the laws of the State of New York, without regard to any conflict of laws provisions that would apply a different law. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York.  

c. Severability. In the event that any provision of these Terms is held to be void or unenforceable, the remainder of these Terms shall continue in force. 

d. Updates. We reserve the right to update or amend these Terms at any time, effective upon publication. Once our new Terms are effective, if you continue to use the Service, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to the Terms, you should stop using the Service.