Conditions, Privacy, Returns

TeamClimateAction.com Conditions of Use

Last updated: January 12, 2023

1. General

1.1 Scope

Welcome to TeamClimateAction.com. This website is operated by Michelin.Technology Web Design doing business as Ecofrenly and Team Climate Action. These Conditions of Use (“Terms”, “Terms of Service”, or “Agreement”) are a contract between you and Michelin.Technology Web Design, as operator of the Site (as defined below), and the company using the Site to sell products to you, collect payment and process replacements. Throughout the Site, the terms “Ecofrenly”, “Team Climate Action”, “Company”, “we”, “us” and “our” shall refer to Michelin.Technology Web Design and “you” or “your” shall refer to the user of the Services (as defined below).

These Terms govern your use of our website at teamclimateaction.com (the “Site”), or any websites, pages, features, or content owned and operated by us that link to this Agreement (collectively, including the Site, the “Services”). Michelin.Technology Web Design offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, disclaimers and notices stated herein. There are other websites using the Ecofrenly and Team Climate Action trademarks, which are operated by the Company’s affiliated entities ( “Other Ecofrenly Sites” ). There may be terms and conditions linked to the Other Ecofrenly Sites, which may apply to you if you also access those sites.

By using TeamClimateAction.com Services, you agree to these conditions. Please read them carefully.

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, making a purchase, registering an account, or contributing content or other materials to the Site, you engage in our Services and expressly understand, acknowledge and agree you have read and understood the Terms and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available via link. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
In addition, we encourage you to read our Privacy Policy for more information about how the Company collects, stores, and protects your information when you use the Services.

1.2 Acceptance of Terms

By agreeing to these Terms of Service, you represent you are at least the age of majority in your state, province, territory or country of residence, or that you are the age of majority in your state, province, territory or country of residence and you have given us your consent to allow any of your minor dependents to use the Site.

Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.
You understand your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

If you have any questions regarding these Terms or our Privacy Policy, you may contact us anytime at support@teamclimateaction.com or use our Customer Service Platform as described in the “Contact Us” section below.

1.3 Update to Terms

You can review the most current version of the Terms of Service at any time on this page. To the extent permitted by law, you agree we reserve the right, at our sole discretion without prior notice, to revise, modify, change, remove, or add to parts of these Terms by posting updates and/or changes to our website at any time or intervals (including the guarantees, warranties, disclaimers, indemnities and limitations of liability contained in these Terms (as defined below)) to reflect changes in our policies, services and/or in response to our customers’ feedback. We will notify you of such change by sending notice of or otherwise posting amended terms through the Site and otherwise as required by law. To the extent required by law, this written notice will clearly and legibly indicate exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the fact you may refuse the amendment and terminate your contract, and other information as may be prescribed by applicable laws.

It is your responsibility to review these Terms periodically for changes. If you do not agree to the change, you can terminate these Terms by giving us written notice. If you do not terminate these Terms within 30 days after the effective date of the change, then the change will become part of our agreement with you. Your continued use of or access to the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

2. Use of our services

2.1 Representations

When you use our Services, you agree to the processing of the information and data for the purposes of these Terms and you state all information and data provided by you are true and correspond to reality. You represent and warrant you are at least of the age of majority in your state, province, territory, or country of residence. Subject to the terms and conditions of this Agreement, the Company hereby grants you the right to access and use the Services by displaying it on your internet browser for our Site, only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in advance. Any breach of this Agreement shall result in the immediate revocation of the license and rights granted in this paragraph without notice to you.

2.2 Limitations of use

Except as permitted in the paragraph above, you may not reproduce, distribute, copy, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them, or use of Services, or access to the Service or any contact on the website through which the service is provided, unless expressly permitted by the Company in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe customer conduct violates applicable law or is harmful to our interests.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

(a) For any unlawful or unauthorized purposes, or in a way that could or does violate any applicable federal, state, provincial, territorial, local, or international law, regulation, rule or ordinance (including but not limited to copyright laws);
(b) To solicit others to perform or participate in any unlawful acts;
(c) To infringe upon or violate our intellectual property rights, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of the Company or any person;
(d) To upload to, distribute, publish or otherwise transmit through the Services any content, information, or other material that:
(i) infringes upon or violates the intellectual property rights, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of the Company or any person;
(ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or
(iii) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious, destructive or technologically harmful that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet;
(e) To otherwise attempt to interfere with the proper working of the Services or circumvent the security features of the Services or any related website, other websites, or the internet;
(f) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(g) To submit false or misleading information;
(h) To collect or track the personal information of others;
(i) To use any robot, spider or other manual or automated device, process, software or means to index or access the Services to spam, phish, pharm, pretext, crawl, or scrape, or any other purpose;
(j) To use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
(k) For any obscene or immoral purpose;
(l) To use the Services in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Services; or
(m) To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2.3 Account creation and termination

In order to access some features available on the Services, you will have to create an account (“User Account”). You may not use another person’s account. Each time you use a password, or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.

You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to or created by you. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Site’s security. Please do not use the same password for this Site you use for other sites.

The User Account is provided for the Site used for the initial setup. Depending on the Site through which you create your User Account, your account will be administered by the entity responsible for operating that Site, as set forth in Clause 1.1 (Scope) of the terms and conditions governing the use of that Site (for example, if you created your account on TeamClimateAction.com, then your account will be administered by Michelin.Technology Web Design). If you already have an account as of the Effective Date of these Terms, then depending on the location affiliated with your account, your account will be administered by the entity set forth in Clause 1.1 (Scope) of the terms and conditions governing the use of that Site (for example, if your billing address is located in Canada, your account will be administered by Michelin.Technology Web Design). If you reside in one country but order products to be shipped to another country, you may be redirected to the applicable Other Ecofrenly Site of the country to which the products are shipped. From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached or violated these Terms. We reserve the right to refuse service to anyone for any reason at any time.

You may terminate your account at any time, for any reason, by following any such instructions within the Site, or by contacting us as described in the “Contact Us” section below.

2.4 Accurate data and customs

When using our Services, including making orders for products, you agree to and shall provide current, valid, accurate and complete purchase and account data for all purchases made at our store and comply with all applicable laws. All consignee names, addresses and payor names must be valid. It is your sole responsibility to provide complete and accurate data. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases.

For applicable purchases made through our Site, you will be the importer of record for the importation of products into your country. Where you are the importer of record, it is your responsibility to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. If assessed, customs fees are the responsibility of the buyer to be paid to the appropriate customs agency and will typically be due once the shipped goods arrive at the destination country. The recipient is responsible for ensuring compliance with the laws and regulations of the country of destination.

You can check with your country’s customs office for further information and to determine if there will be additional costs. The customs policy is different in each respective country, and the fee is usually based on weight, value, size, country limits and other factors. Import taxes, customs duties and fees are not included in the product price or shipping and handling costs. These fees cannot be predetermined nor prepaid, and we do not control customs charges, as they are levied on you by the destination country.

2.5 Errors

In case you detect an error occurred when entering your personal data during your registration as a user of our Services, you can correct these errors on our Site in the section “My Account”. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through our Site. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you should immediately contact Customer Services to correct the error.

2.6 Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

3. Privacy Policy

We respect your right to privacy. Your submission of personal information through the store is governed by our Privacy Policy. When you place orders through our Services, you agree to provide us with your email address, postal address and other contact details truthfully and exactly for the purpose of completing your transaction. You also agree we may use this information to contact you in the context of your order if necessary.

Please see our Privacy Policy for more information about how we collect, use, and disclose your personal information, including how to unsubscribe from non-transactional communications from us.

4. Trade rules

4.1 Products or services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer.

We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or any errors in the Services will be corrected.

Any offer for any product or service made on this site is void where prohibited.

4.2 Price and payment

All prices are exclusive of taxes (where applicable), customs duties and fees (where applicable), and delivery charges. The total cost of the order is the price of the products ordered plus taxes (where applicable), customs duties and fees (where applicable), and the delivery charge. The delivery charge and any taxes shall be displayed to you for your confirmation prior to you placing an order with us. We are not able to estimate customs duties or fees.

Product listing prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. If for some reason we are unable to ship your goods, the value of the items not shipped will be refunded to your original method of payment.
Once you have selected all items you wish to buy, they will be added to your cart. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process under “How Do I Place an Order?” in the FAQ section on the homepage. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account”.

You may use the payment methods specified on the Site, which may include Visa, Mastercard, American Express, Discover, PayPal, etc. To minimize the risk of non-authorized access, your credit card details will be encrypted. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.

Once we receive your order, we request a pre-authorization on your card to ensure there are sufficient funds to complete the transaction. The charge on your card will be made at the time of your order. When you click “Buy now” or “Place order” or “Authorize Payment” and “continue”, you are confirming the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

4.3 Accuracy, completeness and timeliness of information

While we strive to provide accurate product and pricing information, errors may occur. Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We cannot confirm the price of an item until after you place your order. In the event an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation, in which case payment will be fully refunded to you.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate all information in the Services or on any related website has been modified or updated. You agree it is your responsibility to monitor changes to our site.

4.4 Modifications to the services and prices

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to modify or discontinue a product or the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

4.5 Colours

We have made every effort to display, as accurately as possible, the colours of our products that appear on the Services. However, as the actual colours you see will depend on your monitor, we cannot guarantee your monitor’s display of any color will be accurate.

4.6 Shipping and delivery

Orders ship from different fulfillment centers in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders according to the estimated time frames for delivery as displayed to and/or selected by you in the course of making an order with us. These time frames are estimates only and deliveries may take longer (for example, during busy sale periods). If you have any questions regarding shipping and delivery, please contact Customer Services.

4.7 Title and risk of loss

Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Where you are the importer of record, as set out in Section 2.4, risk of loss and title to any purchased items transfers to you upon delivery of such items from the Company to the carrier before importation (where applicable) and delivery. Otherwise, risk of loss and title to any purchased items transfers to you upon the delivery of such items to you (that is, after importation and delivery).

Any claims against the Company for a package lost in transit or arrives damaged must be made via our Customer Service Platform within thirty (30) days of the latest estimated delivery date for lost packages, or within thirty (30) days after your receipt of the purchased items for damaged items.

4.8 Return of product

We do not accept returns and do not offer refunds or exchanges for buyer’s remorse, purchasing the wrong size or quantity, or entering an incorrect shipping address. (!) Please review the Size Guide found on the homepage and double-check measurements before placing your order; and (!) Double-check shipping details as well.

We do, however, guarantee the quality of our products and are here to set things right if you are not 100% satisfied with your purchase. Through our 30 Day Buyer Protection Guarantee, we will provide a full replacement if a shirt is lost in transit or arrives damaged, misprinted, defective or the wrong item.

4.9 Reviews, comments, feedback and other submissions

Except as otherwise provided elsewhere in this Agreement or on the Services, if, at our request, you send certain specific submissions (for example, contest entries), or without a request from us, you send anything you publicly submit or post to the Services and/or provide to our Site, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, proposals, plans and suggestions or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions” ), it is and will be treated as non-confidential and non-proprietary (except any personal information contained in the Submissions shall be treated in accordance with our Privacy Policy).

We are and shall be under no obligation to (i) maintain any comments in confidence; (ii) pay compensation for any comments; or (iii) respond to any comments.

By submitting or posting, you agree to irrevocably license the Submissions and all intellectual property (“IP”) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge or restriction and you agree we shall have the royalty-free, worldwide, perpetual, irrevocable, sublicensable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works in any medium from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile or otherwise fully exploit such Submissions at anytime.

All Submissions shall not be returned to you and you agree not to raise any dispute in connection with any use of the Submissions by us in the future. You are responsible for all Submissions shared and must ensure these are not in violation of any applicable laws and will not cause us to violate any applicable laws or regulatory guidelines by displaying such Submissions on the internet. You warrant your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims and will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You agree your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the first name you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content.

You represent and warrant you own or otherwise control all of the rights to the reviews, comments, and other content you post on this site and use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions, content or comments.

We may, but have no obligation to, monitor, edit or remove any Submissions at sole discretion for any reason, including but not limited to if we determine content is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.10 User generated content

When you transmit, post, upload, share, or otherwise contribute any content to our Site, including but not limited to your Submissions, such contributed content shall be considered as user-generated content (“UGC”) to the extent such content is visible to or accessible to any other Site visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:

(a) Sexually explicit or pornographic content;
(b) Profanity;
(c) Derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
(d) Incitements to violence or other dangerous activities;
(e) Terrorism or other criminal activities;
(f) Insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
(g) Harassment, bullying, or threats;
(h) Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
(i) Transactions in cryptocurrencies;
(j) False medical-related claims or contents;
(k) Content that infringes intellectual property rights;
(l) Content you are not authorized to, or do not have a legal right to, share, post, or otherwise display; or
(m) Any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.

You further acknowledge and agree Michelin.Technology Web Design, in its sole discretion, may remove, block any UGC it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC appropriate for a family audience. You further acknowledge and agree Michelin.Technology Web Design is not obligated to police or actively review UGC prior to its display on Michelin.Technology Web Design’s Sites, and you are therefore solely responsible for the UGC you elect to post on the Sites.

5. Intellectual property and ownership

5.1 Content

The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content” ) provided as part of the Services belong at all times to the Company or to those who grant us the license for their use and is protected by copyright laws in Canada and international copyright laws. You may use the Content only to the extent we or the usage licensors authorize expressly.

5.2. Ecofrenly and Team Climate Action marks

In addition, the “Ecofrenly” and “Team Climate Action” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein (“Marks”), are owned by Michelin.Technology Web Design. “Ecofrenly” and “Team Climate Action” and the Marks of Michelin.Technology Web Design are trademarks in the countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The Michelin.Technology Web Design Marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that discourages or discredits the Company. The Marks, whether on any product offered for sale on the Site, or appearing as a logo or text on any portion of the Site, are not a representation that Michelin.Technology Web Design is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site. Michelin.Technology Web Design sources some of its products from third party manufacturers and wholesalers.

5.3 Rights reserved

Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.

You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

6. Third party links and resources

Certain content, products and services available via our Site and Services may include materials from third parties and may contain links to third party websites not owned or controlled by us or affiliated with us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us.

References on our Site to any names, marks, products or services of third parties, or links to third party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. We have no control over, assume no responsibility for, and do not endorse, exam, evaluate or verify the content, privacy policies, practices or accuracy of any third party sites or services, including, but not limited to, any third party social media with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Your use of any such third party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We strongly advise you to carefully read all third party terms and conditions, policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

7. Events beyond our control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under this Agreement or other contracts when caused by events beyond our reasonable control (“Force Majeure”).

It shall be understood our obligations deriving from the Terms of Service or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the Terms despite the Force Majeure.

Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, among others, the following:

(a) Fire, explosion, accident, storm, flood, earthquake, heatwaves, snowstorms, or any other natural disaster.
(b) Health emergency, epidemic, pandemic (including the Covid-19 pandemic), quarantine,
(c) Strike, lockout or other forms of protest.
(d) Civil unrest, revolt, riots, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
(e) Breakdown and inability to use public or private telecommunication systems, web host, internet service provider, fulfillment and shipping providers.
(f) Breakdown and inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
(g) Acts, decrees, legislation, regulations, restrictions, changes or omission of any government or public authority.
(h) Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, port congestions or generalized lack of availability of raw materials or energy.

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1 LIMITATION OF LIABILITY

PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU:

(1) BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE, ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY, GUARANTEE OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, ACCURACY, COMPLETENESS, TIMELINESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, SECURITY, RELIABILITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) YOU AGREE FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
(3) YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE PROVIDED EXPRESSLY HEREIN, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AS WELL AS THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES AND ANY PRODUCTS PURCHASED THROUGH THE SERVICES SHALL BE LIMITED TO THE LESSER OF THE PRICE OF PURCHASE OF SAID PRODUCT AND $100 CAD.
(4) WITHOUT LIMITING THE FOREGOING, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, INTERNS, EMPLOYEES AND REPRESENTATIVES OF EACH, IN ANY CASE SHALL NOT BE LIABLE FOR (I) ANY INJURY, LOSS, CLAIM; (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF DATA (EVEN IF FORESEEABLE), LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, LOSS OF BUSINESS OR MANAGEMENT TIME, OR REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHET BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS.
(5) NOTWITHSTANDING THE ABOVE, OUR LIABILITY SHALL NOT BE WAIVED NOR LIMITED IN THE FOLLOWING CASES: (I) IN CASE OF DEATH OR PERSONAL HARM CAUSED BY OUR NEGLIGENCE; OR (II) IN CASE OF FRAUD OR FRAUDULENT DECEIT.
(6) SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL ONLY APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
(7) YOU EXPRESSLY AGREE YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK.

8.2 INDEMNIFICATION

YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, INTERNS, EMPLOYEES AND REPRESENTATIVES OF EACH FROM ALL THIRD-PARTY DEMANDS, CLAIMS AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (1) YOUR USE OF THE SERVICES; (2) YOUR CONDUCT OR INTERACTIONS WITH OTHER USERS OF THE SERVICES; (3) YOUR BREACH OF THESE TERMS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE; (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY. WE WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM AND WILL PROVIDE YOU (AT YOUR EXPENSE) WITH REASONABLE ASSISTANCE IN DEFENDING THE CLAIM. YOU WILL ALLOW US TO PARTICIPATE IN THE DEFENSE AND WILL NOT SETTLE ANY SUCH CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU WILL HAVE NO FURTHER OBLIGATION TO DEFEND US IN THAT MATTER.

9. Legal disputes

This Agreement, any separate agreements and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent permitted by applicable law, you agree to the non-exclusive jurisdiction by the courts located in the Province of Ontario, located in Ottawa, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts with respect to any dispute arising out of or in connection with these Terms and the use of the Services.

Nothing in this Clause shall affect the statutory rights you as a consumer have, as recognized in Canada applicable legislation. Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit.

9.1 Initial dispute resolution

We are available by email at support@teamclimateaction.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.

9.2 Waiver of class or consolidated actions

To the extent permitted by applicable law, all claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

10. Legal terms

10.1 Assignment

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

10.2 Entire Agreement

These Terms, policies, operating rules, and any other legal notices published on the Site or in respect to the Services, shall constitute the entire agreement and understanding between you and us and govern your use of the Services, and supercedes any prior terms, contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service) regarding the Services. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

10.3 Severability

In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.

10.4 No waiver

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

10.5 Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

10.6 Interpretation

In construing or interpreting the Terms, headings are for convenience only, and not to be considered.

10.7 Currency

All amounts on the site are in USD (unless expressly stated otherwise).

11. Business transfers

If the Company or substantially all of its assets, were acquired, or in the unlikely event the Company or its affiliates go out of business or enters bankruptcy, user information would be one of the assets transferred or acquired by a third party. You acknowledge such transfers may occur, and any acquirer of the Company may continue to use your personal information for the same purposes we have previously obtained your consent for. For more information, please see our Privacy Policy .