General

Welcome to the Climate Solutions Prize website provided to you by Jewish National Fund of Canada Inc. (hereinafter “JNF Canada”).

These website terms of use, constitute a legal agreement and are entered into by and between you and JNF Canada (“we,” “us,” “our,”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of, including any content, functionality and services offered on or through the Climate Solutions Prize website (the “Site”).

By accessing and using the Site or any other JNF Canada web properties, you (“you,” or “your,” refers to you, the person accessing the Site and accepting these Terms of Use) accept and agree to be bound and comply with these Terms of Use of this agreement and our Privacy Policy found at https://climatesolutionsprize.com/privacy.asp , incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Site.

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time, which shall be effective immediately upon posting, and shall apply to all access and continued use of the Site. You agree to periodically review these Terms of Use.

The information on the Site, may be modified or removed at any time in our sole discretion without notice. We will not be liable if all or any part of the Site is restricted to users or unavailable at any time or for any period.

Contacting JNF Canada

Any question(s) about the Site, and any other questions related to the work of the organization, should be directly addressed by email to info@climatesolutionsprize.com.

Reference to Climate Solutions Prize

In addition to these Terms of Use and our Privacy Policy, please note that other terms and conditions will govern your participation in the Climate Solutions Prize (collectively, the “Prize Terms”) should you decide to participate in the Climate Solutions Prize. If these Terms of Use conflict with or are inconsistent with any of the Prize Terms, the Prize Terms will control.

Account Set-Up and Security

We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, you are responsible for obtaining your own access to the Site. The Site, or any part thereof, may require user registration. It is a condition of your use of the Site that all the information provided is correct, current, and complete. You agree to keep any you provide up to date.

The Site is operated in Canada. By using the Site you consent to have your personal information transferred, processed and stored in Canada. We cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk.

Your provision of registration information and any Submission you make to the Site through any functionality, such as applications, e-mail, forums, chats, and other such functions, constitutes your consent to all action we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information you choose, or provide as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity, and you must avoid circumstances where others are able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Site. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, or suspend your access, in our sole discretion, including any violation of any provision of these Terms of Use.

You are prohibited from attempting to circumvent or violate the security of the Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.

Intellectual Property Rights

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by JNF Canada or its licensors or other providers of such material (the “Property”), and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. JNF Canada and its licensors, or other providers retain ownership of the Property.

More specifically, according to the extant copyright laws in Israel, and according to international conventions, the copyrights in JNF Canada publications, including those published in the Site, belong to JNF Canada. These copyrights apply, inter alia, to text, pictures, illustrations, maps, audio segments, video segments, graphics and software applications (hereinafter the “Protected Material”), unless it has been specifically determined that the copyright for any of the protected material belongs to another party. In accordance with copyright law, you may not copy, republish, publically render, broadcast, make available to the public or advertise protected material, create something based essentially on a creation of JNF Canada, or lease such creation(s) or use them for any business without clear, advance, written permission from JNF Canada. You are entitled to make “fair use” of the Protected Material of JNF Canada according to the rules determined by law. Fair use includes reasonable, but is not limited to, quotation of any protected material, while making sure to give credit to the name of the content creator(s) (whether JNF Canada or another party), its source and where it was found on the Site. You may not distort the Protected Material, damage it, alter it in any other way or do anything else to it that constitutes any deprecation of the Protected Material, which could harm the honour or the good name of the creator or of the copyright owner.

Notwithstanding, if you think that the copyright for any particular content on the Site belongs to another party, or that it was created by another party than as indicated on the Site, we ask that you inform JNF Canada of this immediately, including the details of whoever claims possession of the copyright, so that JNF Canada may check and correct the information if necessary. Please contact JNF Canada by email at: info@climatesolutionsprize.com.

JNF Canada names, all related names, logos, product and service names, designs, images, and slogans are trademarks of JNF Canada or its licensors. You cannot use such marks without the prior permission of JNF Canada.

Making a Request for Credit

If you think that the Site has made use of any kind of material, including but not limited to text, pictures, videos and proper credit was not given, you are asked to contact JNF Canada by email at info@climatesolutionsprize.com. The request will be reviewed and a correction will be made if necessary, according to the judgment of JNF Canada and in accordance to the appropriate scope and measure of the circumstances of the matter.

Submissions

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms of Use.

The following standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, "submit") to the Site (collectively, "Submissions"). Any and all Submissions must comply with all applicable law of the State of Israel.

By submitting the Submissions you represent and warrant that you own or have the necessary rights to submit the Submissions and have the right to grant the license below to us and our licensees, successors, and assigns, and comply with these Terms of Use.

By submitting any Submissions to the Site, you grant us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit Submissions in any manner or media and by any means of technology now known or hereafter developed. In addition, you hereby waive all “moral rights” in the Submissions, and confirm that the content of the Submissions are wholly original and that we are free to use the Submissions as aforesaid (or that you have secured all necessary rights to permit us to use the submissions as aforesaid).

Without limiting the foregoing, you warrant and agree that your use of the Site and any Submissions shall not:

1. In any manner violate any applicable law of the State of Israel including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
2. In any manner violate these Terms of Use or terms and conditions of any third-party website that is linked to the Site.
3. Involve, provide, or contribute any false, inaccurate, or misleading information.
4. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with and Prize Terms.
5. Impersonate or attempt to impersonate any other person or entity, or give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

By submitting your personal information and using the Site, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submitted in compliance with our Privacy Policy.

Links

The Site may contain links to third party websites. We provide these links only as a convenience. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page that is not part of a Climate Solutions Prize website and under our control. Unless otherwise expressly provided, we make no representation or warranty, and do not endorse, any linked site or the information, products or services appearing on it. You agree that we will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site, or compliance of the site with any legal obligations with respect to privacy or other applicable laws.

When any link is included in the Site, it means its linking was at one time suitable for a particular purpose. Nevertheless, it is possible that over time there may be changes on the linked website. If you think that the website or the linked material is unsuitable, or if it was found that the link was not intact, you are asked to inform JNF Canada about it by contacting info@climatesolutionsprize.com.

Legal Jurisdiction

For any matter or issue related to and/or deriving from the Site and these Terms of Use will be governed by and construed in accordance with the laws of the State of Israel applicable therein, without giving effect to any choice or conflict of law. Any action or proceeding arising out of or relating to the Site and under these Terms of Use will be instituted in the courts of the City of Jerusalem, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WHILE WE HAVE TAKEN CARE TO TAKE REASONABLE STEPS TO ENSURE ACCURACY AND COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. THE USE OF THIS SITE IS AT YOUR SOLE RISK.

NEITHER JNF CANADA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER JNF Canada, ASSOCIATE ORGANIZATIONS NOR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION. WE DO NOT REPRESENT OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, DATA SECURITY, ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL JNF CANADA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR OR ANY THIRD PARTY’S USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD US AND OUR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, MANAGERS, CONTRACTORS, LICENSORS SUCCESSORS, AND ASSIGNS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY CLAIM, LIABILITY, JUDGEMENT, AWARD, DAMAGE, LOSS, FEE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES: ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THESE TERMS OF USE BY YOU; ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE OR BREACH OF THESE TERMS OF USE, INCLUDING ANY USE BY YOUR EMPLOYEES, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us regarding the Site, and supersedes any prior versions of the Terms of Use.

February 28th, 2022