Agreement to Terms of Use
Effective: January 1, 2022
These Terms of Service apply when to the use of any website, application, API, or service (collectively, our “Dashboard App”) offered by Dashboard Earth Inc. or any of its corporate subsidiaries, parents, or affiliates (referred to as “we”, “us”, and “our” here), to any person using our Dashboard, including any organization or person using the Dashboard App on an organization’s behalf (referred to as “you” or “your” here).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE DASHBOARD APP. BY ACCESSING OR USING THE DASHBOARD APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE DASHBOARD APP.
1. ACCEPTANCE OF TERMS OF SERVICE. By using the Dashboard App or accessing any information while using the Dashboard App, you acknowledge that you have read, understood and agree to be bound by these Terms of Service, our Privacy Policy (found at https://www.dashboard.earth/privacy), and our Mobile Application End User License Agreement (found within our mobile app), which are incorporated into these Terms of Service by reference, and all applicable laws and regulations. You further agree that by using the Dashboard App, you are at least 18 years old, or, if less than 18 years old, that you have the consent of a parent or guardian to use the Dashboard App, and that you are legally able to be bound by these Terms of Service.
2. CHANGES TO TERMS OF SERVICE. We may change these Terms of Service at any time and without any notice to you, so we suggest that you periodically visit this page to review these Terms of Service. All changes are effective immediately when we post them. By using the Dashboard App after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
3. ACCESSING THE SITE; ACCOUNT SECURITY. We reserve the right to withdraw or amend this Dashboard, or any service or material we provide on the Dashboard App, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Dashboard App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Dashboard App, or the entire Dashboard App. In connection with your use of the Dashboard App, you are responsible for making all arrangements necessary for you to have access to the Dashboard App, and ensuring that all persons who access the Dashboard App through your internet connection or on your connected devices are aware of these Terms of Service and comply with them.
To access the Dashboard App, you will be asked to provide certain personal details and create an account. It is a condition of your use of the Dashboard App that all the information you provide in your account or on the Dashboard App is correct, current, and complete. You agree that all information you provide to register with this Dashboard or otherwise, including, but not limited to, through the use of any interactive features on the Dashboard App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Dashboard or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
4. OUR SERVICES. Our Dashboard App enables you to connect to the actions necessary to thrive in the face of climate change. The Dashboard App may contain links to third-party web sites or services that are not owned or controlled by us; except for any content, information, products, or services clearly identified as being supplied by us, we do not operate, control, make any warranties or representations, or endorse, any content, information, products or services on the Dashboard App in any way. We therefore assume no responsibility for the content, privacy policies, or practices of any third parties who offer products or services through our Dashboard App. You acknowledge and agree that we 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 your use of or reliance on any such content, products, or services available on or through the Dashboard App or any third-party web sites or services. We suggest you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We, and other third parties offering information, content, products, or services to you through the Dashboard App App, reserve the right to charge you a fee to access such information, content, products, or services. We will give you advance notice via email prior to collecting any fee from you; no refund of fees paid to us will be given unless we agree in writing. Third parties may have their own payment and refund policies for their own information, content, products, or services; any payment of fees to such third parties is governed by their policies. If you pay us or pay a third party for a product or service through the Dashboard App, you authorize us (and our applicable payment processor) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges.
These Terms of Service or your use of the Dashboard App, do not, and shall not be construed to, create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Further, we are not an agent or representative of you or of any user of the Dashboard App.
5. YOUR USE OF THE SITE. In connection with your use of the Dashboard App, we provide you a non-exclusive, non-transferrable, and non-sub-licensable license to use—for your personal, non-commercial purposes only—the Dashboard App. We do not transfer either the title or the intellectual property rights to anything hosted on or comprised by the Dashboard App to you, and we retain full and complete title to Dashboard as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Dashboard App or any of its content, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Dashboard App’s source code to a human-perceivable form other than that in which it is provided to you.
You may use the Dashboard App only for lawful purposes and in accordance with these Terms of Service. You specifically agree not to use the Dashboard App:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
In contravention of any website terms of service or end-user license agreement entered into between you and any third party in connection with your access to any services provided by us, or in violation of any copyright or other intellectual property right of any third party in connection with your access to any services provided by us;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Dashboard App, or which, as determined by us, may harm us or users of the Dashboard App, or expose them to liability.
You are also prohibited from violating or attempting to violate any security features of the Dashboard App, including, without limitation:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Dashboard App or any associated system or network, or to breach security or authentication measures without proper authorization;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Dashboard App or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using the Dashboard App to send unsolicited messages, including, without limitation, promotions, or advertisements for products, content, or services; or
Forging any TCP/IP packet header or any part of the header information in any electronic message or in any posting using the Dashboard App.
6. USER CONTENT. The Dashboard may contain message boards, chat rooms, personal web pages or profiles, newsletters, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Content”) to us or to other users (collectively, “Posting” on the Dashboard App). By Posting on the Dashboard App, you:
Grant us and our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of our business, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content;
Grant us the right to use your name, image, likeness, and voice in still photos, slides, video, voice recorded productions, radio coverage, television coverage and/or any other media, now and in the future, for the purpose of promoting, advertising, and marketing Dashboard Earth and its services, if any such information is included in User Content. You waive all claims against us for such use;
Agree that we may publish or otherwise disclose your name and location in connection with your User Content;
Warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content; and
Acknowledge and agree that you will not be compensated for Posting any User Content.
You further agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) creates a false identity for the purpose of misleading others; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (d) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (e) uses any part of the Dashboard App for surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages.
Any violation of these community guidelines or posting of inappropriate content to the Dashboard App may be construed by us as a breach of these Terms of Service and may result in the termination of your access to the Dashboard App.
7. INTELLECTUAL PROPERTY RIGHTS. The Dashboard and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our 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. Accordingly, you may not: (a) modify, copy, or create derivative works of any materials from the Dashboard App; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from their applicable accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) except with our prior written consent, access or use for any commercial purposes any part of the Dashboard App or any services or materials available through the Dashboard App.
Our company name and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Dashboard are the trademarks of their respective owners.
8. ALLEGED COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Dashboard App. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our rights or those of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to our designated agent by email: hello@dashboard.earth
9. NO WARRANTIES. WE ARE MAKING THE DASHBOARD APP AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE DASHBOARD APP, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE DASHBOARD APP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DASHBOARD APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DASHBOARD APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DASHBOARD APP WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE DASHBOARD APP OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DASHBOARD APP.
10. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH:
YOUR USE OF THE DASHBOARD APP OR ANY OTHER MATERIALS, INFORMATION, OR SERVICES PROVIDED TO YOU BY US,
YOUR INTERACTION WITH ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DASHBOARD APP,
ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM OR LOSS TO YOU OR ANY THIRD PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY US OR ANY THIRD PARTY THROUGH THE DASHBOARD APP.
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
FURTHER, YOU RELEASE US FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE DASHBOARD APP. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF US OR ANY OF OUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY’S VIOLATION OF A STATUTE.
YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF SERVICE CONSTITUTING AN AGREEMENT GOVERNING YOUR USE OF THE DASHBOARD APP, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.
11. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Dashboard App, including your negligent use of the Dashboard App; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service; any misrepresentations, defective products, or breach of any warranties or agreements made by you in connection with your use of the Dashboard App; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. COPYRIGHT. All contents of Dashboard or Service are: Copyright © DASHBOARD APP EARTH INC. All rights reserved.
13. BINDING ARBITRATION; CLASS ACTION WAIVER. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Dashboard Earth Inc., Attn: Legal, 2326 Penmar Ave, Venice, CA 90291, and info@dashboard.earth and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If a dispute arises from or relates to these Terms of Service or the breach thereof, including the determination of the scope or applicability of this agreement to arbitrate, and if the dispute cannot be settled through direct discussions as outlined above, then the remaining dispute shall be settled by binding arbitration administered by an arbitrator through a reputable arbitration association such as the American Arbitration Association. All disputes shall be mediated and arbitrated in Delaware, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may not engage in class or representative arbitration.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and you and we expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Dashboard Earth Inc., Attn: Legal, 2326 Penmar Ave, Venice, CA 90291, and info@dashboard.earth. The notice must be sent within thirty (30) days of (a) the most recent Effective Date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section.
If you opt out of these arbitration provisions, we also will not be bound by them. If we changes this Section after the date on which you first accepted these Terms of Service (or accept any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the Effective Date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF THE DASHBOARD APP AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
14. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service 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 Service 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.
15. GOVERNING LAW. The laws of the State of Delaware, excluding its conflicts of law rules, shall govern these Terms of Service and your use of the Dashboard App. Your use of the Dashboard App may also be subject to other local, state, national, or international laws.
United States Compliance
You represent and warrant that: (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
European Union Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
16. ENTIRE AGREEMENT. These Terms of Service, and all agreements incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and the Company pertaining to the subject matter of these Terms of Service, and supersedes all other prior or contemporaneous oral or written understandings and agreements between you and the Company.
17. SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.
18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.