Terms of Service


The following terms of Service govern the use of this website, which is managed by Macroclimate LLC. By using this website (macroclimate.com) and any online services or other websites operated or offered by Macroclimate LLC (collectively the “Website”), you agree to these Terms of Service.

If you are unwilling to be bound by these Terms of Service, do not use this site or any Macroclimate LLC service.

Services

Macroclimate LLC provides the Website for informational purposes only. Macroclimate LLC provides asset management and investment services only to approved clients. Details, agreements, information, and disclaimers regarding these services are made available during the signup and enrollment processes. Existing clients should refer to these documents for information about asset management and investments. See also Disclosures. For more information, please email info@macroclimate.com.

Trademarks

At Macroclimate LLC, we take pride in the quality of our services, and we work hard to make sure our goods and services are easily recognizable. Our Marks may not be used in any manner that is deceptive or disparaging, or in connection with any product or service that is not ours. Using a Mark without our prior written consent constitutes trademark infringement and unfair competition in violation of federal and state laws. Our Marks include, but are not limited to, the following:

  • Macroclimate®
  • CarbonScan®
  • Smart Money is Green®
  • Cooler Planet℠
  • Geofinancial Engineering℠
  • Science-Driven Automated Investment℠

For more information on how to use our Marks contact legal@macroclimate.com.

Copyright and Other Intellectual Property

Macroclimate LLC maintains the Website, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrighted material, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Macroclimate LLC also owns a copyright in the selection, coordination and arrangement of the material contained within the Website.

The material contained within the Websites is provided by Macroclimate LLC only for lawful uses by customers, Macroclimate® employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Macroclimate LLC.

Digital Millennium Copyright Act

Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Macroclimate LLC will respond expeditiously to notices of alleged copyright infringement on the macroclimate.com website and any other Macroclimate LLC owned and managed website (the “Sites”) that are reported to Macroclimate’s Designated Copyright Agent identified in the Notice (described below).

Macroclimate LLC prohibits copyright infringing activities on the Sites and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the Notice, Macroclimate LLC will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Sites.

Notice:

If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through the Sites or other Macroclimate® services by completing a DMCA notice of alleged infringement (“Notice”) and delivering it to Macroclimate’s Designated Copyright Agent. Upon receipt of a Notice, Macroclimate® will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Sites.

Counter notice:

Once an appropriate Notice is received, Macroclimate® will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any Notices or counter notices received may be sent to Macroclimate’s legal advisors.

Please provide the following information to our Designated Copyright Agent:

  • Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by this Notice, a representative list of the copyrighted works that are claimed to have been infringed.
  • Identify the material or activity claimed to be infringing or to be the subject of infringing activity and provide information reasonably sufficient to locate the material, including, at minimum, if applicable, the URL.
  • Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, e-mail address.
  • Include both of the following statements in the body of the Notice:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Sign the Notice by providing a physical or electronic signature along with your full legal name.

    Deliver this Notice, with all items completed, to Macroclimate’s Designated Copyright Agent:

    Mark R. Kriss, Designated Copyright Agent
    Macroclimate LLC
    Box 7775 #20915
    San Francisco, CA 94120 USA
    legal@macroclimate.com

Links

Some links within the Website may take you to other websites, or may display information from other websites, which may not be maintained by Macroclimate LLC. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. Links to other internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.

Macroclimate LLC assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which a Macroclimate LLC Website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Macroclimate LLC. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

Limitation of Liability

In no event will Macroclimate LLC be liable for any damages, including consequential, indirect, special, incidental, or punitive damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the Website or the use of the Website or a linked website, or with the delay or inability to use the Website or a linked website. The limitations of liability in this section apply to liability for negligence, apply regardless of the form of action and apply even if Macroclimate LLC is made aware in advance of the possibility of the damages in question and even if such damages were foreseeable. The content, accuracy, opinions expressed, and other links provided by linked websites are not necessarily investigated, verified, monitored or endorsed by Macroclimate LLC. The information, software, products and description of services published on the website or a linked website may include inaccuracies or typographical errors, and Macroclimate LLC specifically disclaims any liability for such inaccuracies or errors. The limitations of liability also apply even if your remedies fail of their essential purpose.

Non-Waiver of Rights: Notwithstanding the foregoing, nothing contained in the foregoing paragraph or elsewhere on this website shall constitute a waiver by any client of any of its legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

Indemnification

At your own expense, you agree that you will indemnify and hold harmless Macroclimate LLC from and against all claims, demands, losses, costs, penalties, damages, judgments and suits, brought against Macroclimate LLC arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this TOS by you, your agents, employees or assigns. The above indemnity obligation does not include claims, costs damages or expenses that may be caused by the sole responsibility of Macroclimate LLC. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of you and Macroclimate LLC, this indemnity provision shall be valid and enforceable only to the extent of your negligence and the negligence of your agents, employees or assigns.

No Warranties

All content on the Website is provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the Website. While care has been taken to ensure the accuracy of information on the website, Macroclimate LLC does not guarantee the accuracy or completeness of information contained on the Website or that it will be current at all times.

Confidentiality of Information

Macroclimate LLC has taken reasonable steps to ensure the confidentiality of information taken at the Website and transmitted via the internet. However, changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

Please read our customer Privacy Policy for further information on confidentiality of information.

Applicable Law - California

This Agreement has been made, executed and delivered in California. The parties mutually stipulate and agree that this Agreement is in all respects (including, but not limited to, all matters of interpretation, validity, performance and breach) to be exclusively construed, governed and enforced in accordance with the laws of California and all applicable federal laws of the United States of America, as from time to time amended and in effect. The parties agree that the Uniform Commercial Code - Article 2 Sales, the United Nations Convention on Contracts for the International Sale of Goods, and the Electronic Signatures in Global and National Commerce Act shall not apply in any respect to this Agreement or the parties. In any litigation between the parties, the prevailing party shall be entitled to, and the court shall award, reimbursement of such party’s reasonable attorneys’ fees and costs. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of San Francisco, California USA.

To the fullest extent permitted by applicable state and federal law, you and Macroclimate LLC each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.

Website Content and Material

The information and materials contained in the Website, including but not limited to these Terms of Service and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.

Waiver and Severability

Any waiver of any provision contained in these Terms of Service shall not be deemed to be a waiver of any other right, term or provision of these Terms of Service. If any provision in these Terms of Service shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Access and Interference

You agree not to engage in any of the following:

  • Use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without Macroclimate LLC’s express written consent, which may be withheld in Macroclimate LLC’s sole discretion.
  • Use or attempted use of any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers.
  • Posting or transmission any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.

Secured Areas

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.

Telephone Call Monitoring and Recording

Authorized employees or agents of Macroclimate LLC may monitor and record all or portions of your telephone calls to Macroclimate LLC for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

Certain Notices

Pursuant to 47 U.S.C. Section 230(d), Provider hereby notifies Recipient that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.

Revised: October 24, 2016

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