Terms of use
Last Modified: August 16, 2023
1. Acceptance of the Terms of Use
These terms of use are entered into by and between you on one hand and UNITE-LA on the other (collectively the “Organization”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.cleantechacademy.org, including any content, functionality and services offered on or through such website (the “Website”) and participation in the LA Regional Cleantech Career Academy, including any of its online resources (the “Academy”).
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Please read the Terms of Use carefully before you start to use the Website or apply to or participate in the Academy. By using the Website or applying to or participating in the Academy, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice , you must not access or use the Website or apply to or participate in the Academy.
This Website and participation in the Academy are offered and available to users who are 16 to 24 years of age, reside in Los Angeles County, California, United States, and provide proof of COVID-19 vaccination or qualifying medical/religious exemption. By using this Website or by participating in the Academy, you represent and warrant that you are of legal age to form a binding contract with the Organization and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or participate in the Academy.
THE ACADEMY IS NOT ACCREDITED AS AN INSTITUTE OF HIGHER LEARNING IN ANY JURISDICTION AND THE ACADEMY OFFERS NO GENERALLY RECOGNIZED DEGREES. THE CONTENT AVAILABLE THROUGH THE ACADEMY IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or participation in the Academy thereafter.
Your continued use of the Website or participation in the Academy following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website or discontinue offering the Academy, and any material we provide on the Website or through the Academy, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Academy are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or restrict participation in some parts of the Academy, or the entire Website or the Academy, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website or to participate in the Academy.
Ensuring that all persons who access the Website or the Academy through your internet connection are aware of these Terms of Use and comply with them.
To access the Website, participate in the Academy or some of the resources offered through the Website or the Academy, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or participation in the Academy that all the information you provide on the Website and when you apply or participate in the Academy is correct, current and complete. You agree that all information you provide to register with the Website, apply or participate in the Academy, or otherwise is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures to access or use the Website or apply or participate in the Academy, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4. Intellectual Property Rights
The Website and Academy and all their content, 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 one or both of the members of the Organization, their 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.
These Terms of Use permit you to use the Website and participate in the Academy for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or from the Academy, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
Modify copies of any materials from the Website or the Academy.
Use any illustrations, photographs, video, or audio sequences or any graphics available on the Website or the Academy separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the Academy.
You must not access or use for any commercial purposes any part of the Website or the Academy or any services or materials available through the Website or the Academy.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or the Academy in breach of the Terms of Use, your right to use the Website or attend the Academy will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Academy or any content on the Website or Academy is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or the Academy not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
5. Trademarks
The Cleantech Academy, and UNITE-LA names, and the Cleantech Academy, and UNITE-LA logos, and all related names, logos, product and service names, designs and slogans are trademarks of UNITE-LA or its affiliates or licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs and slogans on the Website shown in the Academy are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Website and the Academy only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Academy:
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).
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.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Organization, an Organization’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Academy, or which, as determined by us, may harm the Organization or users of the Website or Academy or expose them to liability.
Additionally, you agree not to:
Use the Website or participate in the Academy in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or participation in the Academy, including their ability to engage in real time activities through the Website or participate in real time in the Academy.
Use any robot, spider or other automatic device, process or means to access the Website or the Academy for any purpose, including monitoring or copying any of the material on the Website or the Academy.
Use any manual process to monitor or copy any of the material on the Website or on or through the Academy or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or the Academy.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Academy, the server on which the Website or the Academy is stored or provided, or any server, computer or database connected to the Website or the Academy.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or the Academy.
7. Reliance on Information Posted
The information presented on or through the Website or at the Academy is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or participant in the Academy, or by anyone who may be informed of any of its contents.
This Website and Academy may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Changes to the Website and the Academy
We may update the content on this Website or at the Academy from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or provided at the Academy may be out of date at any given time, and we are under no obligation to update such material.
9. Information About You and Your Visits to the Website or Application or Participation in the Academy.
All information we collect on this Website or when you apply or participate in the Academy is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
10. Linking to the Website or the Academy
You may link to our homepage of the Website or to the application page of the Academy, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may not link to any of the content in the Academy. In addition, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or any portions of the Academy or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on the Website or the Academy that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
11. Links from the Website
If the Website or Academy contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or the Academy, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. Geographic Restrictions
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of California or contrary to the restrictions set forth in Section 1 of these Terms of Use, you do so on your own initiative and are responsible for compliance with local laws.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or the Academy will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR APPLICATION OR PARTICIPATION IN THE ACADEMY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ACADEMY, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITE AND ACADEMY OR THEIR CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE ACADEMY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE ACADEMY. WITHOUT LIMITING THE FOREGOING, NEITHER THE ORGANIZATION NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENT OR WARRANT THAT THE WEBSITE OR THE ACADEMY OR THEIR CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ACADEMY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY CAREER OR EMPLOYMENT OPPORTUNITIES.
THE ORGANIZATION HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL THE ORGANIZATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION, OR INABILITY TO PARTICIPATE IN, THE ACADEMY, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE ACADEMY, ANY CONTENT ON THE WEBSITE OR ACADEMY, OR SUCH OTHER WEBSITES, 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 OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify and hold harmless the Organization, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or participation in the Academy, including, but not limited to, any use of the Website’s or Academy’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or the Academy.
16. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
In the event the arbitration described below is unavailable or upon the mutual agreement of you and UNITE-LA, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or application or participation in the Academy shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, city of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Arbitration
YOU AND THE ORGANIZATION ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR APPLICATIONS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 18. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send both of the Organization, by certified mail, a written notice of your claim (a “Notice”) to our General Counsel in accordance with the Notice section below. If one of the Organization initiates the arbitration, it will send such Notice to you in accordance with the Notice section below. A Notice, whether sent by you or the Organization, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and the Organization do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Organization may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR THE ORGANIZATION, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.
18. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE ACADEMY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Waiver and Severability
No waiver by the Organization of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20. Entire Agreement
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and the Organization with respect to the Website and the Academy and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Academy.
21. Your Comments and Concerns
This website is operated by UNITE-LA located at 1055 Wilshire Blvd, Suite 1750, Los Angeles, CA 90017.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: cleantech@unitela.com.