Terms of Use
Climate Scenario Games
Effective Date: Aug. 14, 2023
The following terms of use (“Terms of Use”) govern your access to and use of the Climate Scenario Games documents (individually a “Climate Scenario” and collectively, “Climate Scenarios”). By clicking “Submit”, you acknowledge that you have read, and agree to be bound by these Terms of Use. If you do not agree to abide by the Terms of Use, you are prohibited from downloading Climate Scenarios from this site.
Climate Scenarios are made available solely for educational purposes within your company. Commercial use of Climate Scenarios is strictly prohibited.
Global Association of Risk Professionals, Inc. (“GARP”) reserves the right, in its sole discretion, to amend the Terms of Use without any notice to you.
If you have any questions regarding these Terms of Use, please contact us at: RiskInstitute@garp.com.
1. Intellectual Property.
a. All rights, title and interest in Climate Scenarios and its entire content, including, but not limited to, all supporting documentation, instructions, and information, text, displays, video, audio, design, presentation, selection and arrangement, and all improvements, enhancements, or modifications thereto (“Documentation”) are owned by GARP (and its licensors, where applicable). Your use of Climate Scenarios, including the Documentation does not give you ownership of any intellectual property or other proprietary rights in Climate Scenarios or the Documentation.
b. The GARP name, logo, and any product names associated with Climate Scenarios are trademarks of GARP or its licensors, and no right or license to use any trademark of GARP or its licensors is granted or conveyed to you as a result of your use of Climate Scenarios.
2. License, Use, and Restrictions.
a. GARP grants you a limited, revocable, nonexclusive, non-transferable, non-sublicensable license to download and use Climate Scenarios for internal business purposes in accordance with the Documentation and these Terms of Use.
b. In undertaking Climate Scenario exercises within your company, you agree to review and conduct such exercises in accordance with the applicable Documentation.
c. You agree that you will not edit or modify Climate Scenario documents and that you will not remove or alter any disclaimers, trademarks, copyrights, or other proprietary marks. You further agree that you will not extract pages, graphics, or embedded videos from Climate Scenarios under any circumstances.
d. You agree not to distribute Climate Scenarios or Documentation to any third party, without GARP’s prior written consent.
3. Privacy.
Any personal information that you provide to GARP to access Climate Scenarios will be processed in accordance with GARP’s Privacy Notice. GARP’s Privacy Notice is incorporated by reference into the Terms of Use.
4. Disclaimer.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF CLIMATE SCENARIOS IS FOR EDUCATIONAL PURPOSES ONLY, AND AVAILABLE ON AN “AS IS” BASIS. GARP MAKES NO WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, AND ANY EXPRESS OR IMPIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GARP BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF CLIMATE SCENARIOS, REGARDLESS OF WHETHER GARP HAS BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN ANY SUCH LOSS OR DAMAGE.
6. Indemnification.
You agree to indemnify, defend and hold GARP harmless against any and all suits, demands, liabilities, losses and expenses (including reasonable attorneys’ fees) (collectively, “Claims”) arising out of or relating to (i) your use of Climate Scenarios in any exercise at your company; or (ii) your use of Climate Scenarios in violation of these Terms of Use.
7. Miscellaneous.
a. Feedback. GARP may request your feedback on Climate Scenarios and Documentation. Subsequently, if you provide GARP with any suggestions, comments, ideas, feedback, recommendations, improvements or enhancement requests regarding Climate Scenarios or Documentation (collectively, “Suggestions”), you acknowledge and agree that such Suggestions shall become the sole and exclusive property of GARP. You hereby agree to irrevocably transfer and assign to GARP all of your rights, title and interest in and to Suggestions, including all intellectual property rights contained therein.
b. Governing Law. These Terms of Use are governed and interpreted under the laws of the State of New York, without regard to its conflicts of law principles.
c. Termination. GARP may terminate your license to Climate Scenarios at any time and for any reason. Upon notice of termination of your license, you agree to delete all copies of Climate Scenarios and Documentation from your computer systems and media storage devices.
d. Injunctive Relief. You agree that a breach or threatened breach of your obligations with respect to GARP IP will cause irreparable injury to GARP, and in addition to any other remedies that may be available at law, in equity or otherwise, GARP will be entitled to seek injunctive relief against your threatened or continued breach of such obligations.
e. Assignment. You are prohibited from transferring, assigning or delegating your rights or obligations under these Terms of Use (in whole or in part) to any other party without the express written consent of GARP.
f. No Agency. No agency, partnership, joint venture or employee-employer relationship is intended, implied or created by these Terms of Use.
g. Entire Agreement. The Terms of Use contain the entire understanding between you and GARP regarding your use of Climate Scenarios, and supersedes all previous agreements, negotiations and understandings related to Climate Scenarios.