General Terms of Use

Effective June 8, 2024

Your use of websites owned by World Resources Institute (“WRI”) is conditioned on your compliance with the General Terms of Use. You are also required to comply with other requirements that may be contained in any ancillary license agreement from WRI and Terms of Service for a particular domain or content. Take notice of the Privacy Policy and Copyright Claim Policy.

General Terms and Conditions

ACCEPTANCE OF THE TERMS OF USE

The General Terms of Use are entered into by and between You (“You” or “your”) and World Resources Institute, Inc. ("WRI," "we," or "us"). The following general terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the various domains, websites, applications, and related services hereunder owned by WRI, including, but not limited to, wri.org, ndcpartnership.org, globalforestwatch.org, resourcewatch.org, prepdata.org, energyaccessexplorer.org, and  including any content, functionality, and services offered on or through such domain names (collectively, the "Website").  Additional terms under the Special Terms of Service for pro.globalforestwatch.org.

Please read the Terms of Use carefully before You start to use the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE. We reserve the right to revise and update the Terms of Use at WRI’s sole discretion. All changes are effective immediately when we post the revisions.  Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes.  You are responsible for reviewing the Terms of Use. 

DISPUTES; ARBITRATION AGREEMENT; CLASS ACTION WAIVER. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW REGARDING ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVERS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION UNLESS YOU OPT OUT.

PURPOSE

The Website is offered for the purpose of the WRI charitable mission that is to move human society to live in ways that protect Earth’s environment and its capacity to provide for the needs and aspirations of current and future generations (“Purpose”).  

CONTACT INFORMATION

World Resources Institute
https://www.wri.org/about/contact

USE OF WEBSITE

Your access of the Website is conditioned on compliance with the Terms of Use and the use of the Website only for the Purpose.  The Website is offered within the United States to users who are 18 years of age or older. While the Website is not intended for purposes of serving retail consumers of goods and services, some Website services may be charged a fee for commercial uses that serve the Purpose.   You may be required to agree to additional terms for services and/or a license agreement to use particular services from the Website. You agree to use the Website only for lawful purposes.

You may be required to establish an account with a username, password, or any other information as part of our security procedures for Website use, including, but not limited to the Terms of Service for the Global Forest Watch Pro.  If You are provided with a username, You will be an authorized user subject to additional terms. We will require your password or any other piece of information as part of the security procedures; You must treat the username, password and any additional security measures 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 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. You also agree to ensure that You exit from your account at the end of each session. You should access your account from a secured connection, to prevent unauthorized use. We have the right at our sole discretion to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time for any or no reason, including if, in WRI’s opinion, You have violated any provision of these Terms of Use.

While certain limited rights are granted to You to WRI intellectual property for the use of the Website, Your use of the Website does not give You any ownership rights in the intellectual property in the Website, including its contents, data and information contained therein.

Website Security

You must act in a commercially reasonable manner when accessing the Website to prevent security breaches or harm to the Website or its contents. You are permitted to access the Website only in the means permitted by WRI and any access to the Website is subject to the Terms of Use and any additional requirements in ancillary license agreements or Terms of Service or at the instruction of WRI.

You must immediately notify WRI in writing at DPC@wri.org of any known or suspected breach of the security of or unauthorized access to the Website, including extraction of any data or other information, extraction, destruction, manipulations, or other degradation to Proprietary Content, release of personally identifiable information, or the password security associated with a user account.

You are expected to use a modest number of downloads of authorized Proprietary Content that would not be considered reasonably excessive, including in a manner that does compromise the security or functionality of the Website. Any download is only in accordance with this Terms of Use and an additional license agreement with WRI and/or Terms of Services for specific Proprietary Content.  You agree that WRI may establish, in its sole discretion and without prior notice to You, a maximum amount of content that may be downloaded from or transmitted through the Website including as it relates to any user account. You agree that WRI has no responsibility or liability for slowed or failure to transmit through the Website.

You agree that WRI has all rights to monitor use by You and any failure to do so does not relieve You of your obligations under the Terms of Use, including, but not limited to, all security and permissible uses requirements nor prevent WRI from seeking all rights in law for violation of security requirements.  

No party of any kind, including You, is permitted to act or fail to act in a manner that compromises the security of WRI systems, property, or Proprietary Content.  You are prohibited from compromising Website security including, but are not limited to, the following:

• use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
• attempt, in any manner, to obtain unauthorized access to the Website through hacking,  password mining, or other unlawful or means not granted to You in order to access any information, including account user or Proprietary Content;
• violate the security of any computer network, or crack any passwords or security encryption codes;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• run Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while You are not logged into the Website, or that otherwise interfere with the proper working of the Website (including by placing an unreasonable load on the Website infrastructure);
• act to activate “crawls,” “scrapes,” or “spiders” of any page, data, or portion of or relating to the Website (through use of manual or automated means);
• “mirror” any content contained in this Website onto any other website or set of files on a computer server making them available through any other source, unless expressly granted through a license agreement with WRI; or
• decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website.

Prohibited Uses

YOU REPRESENT, WARRANT, AND AGREE that You will not provide or contribute anything to the Website or otherwise use or interact with the Website, in a manner that:

• use the Website, including Proprietary Content, contrary to the Purpose;
• infringes or violates the intellectual property rights of WRI or any third party, including any Marks or Proprietary Content as defined in the Terms of Use;
• violates any law or regulation or government directive or order, including, without limitation, any applicable export control laws, privacy, publicity or moral rights, or otherwise;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, discriminatory (including, but not limited to, racial, religious, or ethnic), pornographic or offensive for any reason, or otherwise objectionable;
• jeopardize the security of WRI systems, property, or any user account in accordance with Website Security provisions herein;
• copy or store Proprietary Content in violation of the Terms of Use;
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use;
• materially breach the Terms of Use.  

Right to Suspend, Limit, or Terminate

Without limitation, WRI reserves the right, in its sole discretion, to terminate any party’s access to the Website, including the license to use Proprietary Content already in your possession from the Website. Termination may include terminating an account or blocking an IP address. In addition, WRI has a right to suspend or limit your access to the Website for any or no reason.  In the event a license agreement was entered with WRI, additional terms may apply.

WRI will use all rights at law to pursue violations of the Terms of Use, including, but not limited to, violations of intellectual property rights or Website security, that cause harm to WRI or owners of Proprietary Content.  

WRI reserves the right to report alleged violations to authorities or conduct investigations at its own discretion, but we have no obligation specifically to You regarding notification or otherwise.

INTELLECTUAL PROPERTY

The Website contains material that are protected by the legal intellectual property rights of U.S. or other countries’ laws for copyright, trade and service mark, patent, trade secret, and other intellectual property and proprietary rights laws that is owned by WRI or its licensors, including but not limited to the website and its entire contents, features, and functionality, including but not limited to all information, software, analytical formulas, reports, text, displays, images, video, and audio, and the design, selection, and arrangements thereof and the works that are expressed in writing and contain, among other things, words, computer code and programs, databases, compilations and summaries, numbers, mapping graphics, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects in whatever manner they are embodied or Marks, as defined in the Terms of Use, Feedback, as defined in the Terms of Use, aggregated statistics, meaning data and information related to use of Website by any person, including You, in an aggregate and anonymized manner, including to compile statistical performance information, including any Feedback from an individual user or legal entity  (“Proprietary Content”).  You agree and understand the license for use of Proprietary Content on the Website is limited. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication, or derivative work of any Proprietary Content is strictly prohibited except as expressly provided in the Terms of Use or a license agreement You executed with WRI. All rights not expressly granted herein are reserved to WRI or its licensors, typically indicated in attribution. You are required to notify WRI of any actual knowledge or suspicion of misuse or misappropriation of Proprietary Content by contacting DPC@wri.org.

License

You are permitted to use the Proprietary Content only in accordance with the Terms of Use. Subject to these Terms of Use, we grant You a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Website solely for the Purpose. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, use in whole or part in publications, download, store, resale, develop commercial products or services, or transmit any of the Proprietary Content on Website except as provided herein. Other exceptions are:

• Your own User Submissions remain your content as provided herein;
• 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.
• Consistent with the Purpose, You may for limited internal uses of your legal entity reproduce Proprietary Content on the condition it maintains attribution to WRI and maintains attribution to any WRI licensor (which may require specified terms, conditions, and language for attribution for certain content). This limited license expressly prohibits use of photography.
• Consistent with the Purpose, You may print or download one copy of a modest number of pages of the Website for your own personal use or academic purposes, such as a researcher. You must make attribution to WRI and to any WRI licensor, (which may require specified terms, conditions, and language for attribution for certain content). This limited license expressly prohibits use of photography.
• If we provide desktop, mobile, or other applications for download, You may download a single copy to your computer or mobile device solely in compliance with the Terms.

If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, WRI maintains the right to terminate your right to use the Website, and You shall, at our option, return or destroy any copies of the Proprietary Content You have made. No right, title, or interest in or to Proprietary Content is transferred to You, and all rights not expressly granted are reserved by WRI or its licensors.  Any use not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, patent, and other laws.

Additional License Terms
To the extent that a particular set of Proprietary Content on one domain covered by these Terms of Use contains specific Terms of Service may have additional requirements, such attributions to specific sources, or additional permitted uses.  
WRI may require a separate license agreement with You governing your use of specific datasets or products through the Website. If We have entered into a separate agreement with You, the terms of the separate agreement including any exhibits and attachments shall prevail over these Terms to the extent such separate agreement conflicts with these Terms.

Marks

The trademarks, service marks, and logos of WRI (“WRI Marks”) used and displayed on various parts of the Website are registered and unregistered trademarks or service marks of WRI. Other company, product, brand, trade names, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Marks”, and, collectively with WRI Marks, the “Marks”). Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use, except in the following cases:  (a) Marks are contained in licensed Proprietary Content that is copied without modification in compliance with the Terms of Use or an additional Terms of Service and/or license agreement with WRI; (b) use of the Marks as part of a link to or from any site for attribution purposes. All goodwill generated from the use of Marks inures to the benefit of the owner of the Marks.

Feedback

If You participate in any evaluation or otherwise provide your opinion, ideas, comments, recommendations, corrections, improvements, techniques, or enhancements to us about the Services (“Feedback”), such Feedback will be deemed to be both non-confidential and non-proprietary. You hereby assign all right, title, and interest in such Feedback to WRI.  We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, publishing, improving services, make derivative works, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, You hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution. To the extent permitted by applicable law, You waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights in your Feedback.  

Third Party Content

Third Party Content means any Proprietary Content owned by a licensor to WRI that is contained on the Website.  Respectfully, third parties reserve all rights in Third Party Content that are not expressly granted to You in the Terms of Use. You have no right to use Third Party Content outside license herein for the presentation within Website, including, but not limited to, no right to extract or download Third Party Content. Any additional license to Third Party Content shall only be as permitted in a license with associated terms and conditions between You and such third party.

The Website may contain links to third party websites. We have no control over the third party websites, contents, or resources, and we accept no responsibility for their functionality, accuracy, security or content. You release WRI from all claims or damages arising or related to your use of their party websites.  You access third party websites from wri.org at your own risk and subject to the terms and conditions of such site.

User Submissions

“User Submissions” are anything You post, share, store, or otherwise provide to WRI through the Website. You license to WRI to provide services through the Website and its ancillary communications, such as emails and text, or for other activities associated with its Purpose.    You own all rights, title, and interest, including all intellectual property rights in your User Submissions. Nothing herein grants WRI any right to publicly disclose your personally identifiable information except as legally required. 

COPYRIGHT CLAIM AND DMCA COMPLIANCE POLICY

1. In accordance with the Digital Millennium Copyright Act and laws of certain other jurisdiction, WRI has adopted the following policy toward copyright infringement.  We reserve the right to (i) block access to or remove material that We believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (ii) remove and discontinue Services to repeat offenders.
   1. Procedure for Reporting Copyright Infringements.  If You believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom You are authorized to act on behalf of), please send a notice of copyright infringement (“Notice of Copyright Infringement”) containing the following information to WRI's designated agent (“Designated Agent,” whose contact details are listed below):
      1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
      2. identification of works or materials being infringed;
      3. identification of the material that is claimed to be infringing including information regarding the location of the infringing material that the copyright owner seeks to have it removed, with sufficient detail so that WRI is capable of locating and verifying its existence; contact information about the notifier including address, telephone number and, if available, email address;
      4. a statement that the notifier has a good faith belief that the material identified as (c) above is not authorized by the copyright owner, its agent, or the law; and
      5. a statement that the information provided is accurate and under penalty of perjury that the notifier is authorized to act on behalf of the copyright owner.
   2. Upon receipt of a proper Notice of Copyright Infringement by the Designated Agent, We reserve the right to:
      1. remove or disable access to the infringing material;
      2. notify the content provider who is accused of infringement that We have removed or disabled access to the applicable material; and
      3. terminate such content provider's access to the Services if the content provider is a repeat offender.
   3. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send a counter-notice (“Counter-Notice”) containing the following information to the Designated Agent:
      1. a physical or electronic signature of the content provider;
      2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
      3. a statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
      4. the content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which WRI is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
   4. Upon receipt of the Counter-Notice by the Designated Agent, WRI may, in its discretion, send a copy of the Counter-Notice to the original complaining party informing that person that WRI may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the Counter-Notice, at WRI’s discretion. 
2. Please contact WRI’s Designated Agent at the following address and/or email:
   
   Address:
   World Resources Institute
   Attn: DMCA Designated Agent/LEGAL
   10 G Street, NW Suite 800
   Washington, DC 20002
   mail: Legal@WRI.org 
    

MESSAGES

As part of the use of the Website, You may receive communications through the services, including messages that we send You, including email or SMS. You will establish your preferences for messages as an authorized user.  By signing up for such services and providing WRI with your wireless number, You confirm that You will receive information for multi-factor authentication or want us to send You information that we think may be of interest to You, which may include us using automated dialing technology to text You at the wireless number You provided, and You agree to receive communications from us and You represent and warrant that each person You register for the services or for whom You provide a wireless phone number has consented to receive communications from us.  You may opt out of SMS services by notifying us at dpi@wri.org and allowing us 30 days to terminate the service with our providers.  YOU AGREE TO INDEMNIFY AND HOLD WORLD RESOURCES INSTITUTE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR BREACH OF THE FOREGOING.

PAYMENT

Donations to WRI or certain services or licenses that are paid through the Website are subject to the terms and conditions of your credit card, bank, and the third party payment processors. Payment processors used by WRI include, but not limited to, Classy, Venmo, Google Payments, PayPal and Digital River. WRI is not responsible for any disputes, errors, or claims between You and any payment processor.  You authorize us, through the respective payment processors, to submit the charges as stated in the donation page or any particular Website fee schedule.  We reserve the right to correct any errors or mistakes that a payment processor makes. For reoccurring donations, You authorize us to make payments through the card or bank EFT on record.  Any changes to the payment method or termination of a payment, as may be permissible, should be communicated to WRI through https://www.wri.org/about/contact. Payment of a donation, generally, is a non-refundable charitable contributions to WRI.  Further terms regarding payment may apply in a license agreement that You entered with WRI. 

WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY

1. YOU AGREE THAT YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACTUAL CONDITIONS MAY DIFFER FROM MAPS AND INFORMATION PROVIDED BY THE SERVICES. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT OR SERVICES WILL BE ERROR FREE, ACCURATE OR WITHOUT INTERRUPTION.
2. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT (“NON-WRI CONTENT”) WHICH ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS, AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-WRI CONTENT. UNDER NO CIRCUMSTANCES WILL WRI BE LIABLE FOR OR IN CONNECTION WITH THE NON-WRI CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-WRI CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-WRI CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-WRI CONTENT.
3. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) RESULTING FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THEIR CONTENTS, EVEN IF WE WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR DAMAGES FOR ANY REASON IN EXCESS OF ONE HUNDRED DOLLARS ($100 USD). CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY, AND THEREFORE SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS SEEKS TO LIMIT EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITIES WHICH CANNOT BE EXCLUDED BY LAW. 

DISPUTES

For purposes of the Terms of Use, “Dispute” means any dispute, claim, or controversy between You and WRI regarding, arising out of or relating to any aspect of the Terms of Use, the Website, and its associated licenses, services and products  , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), including the validity, enforceability or scope of the Terms of Use (with the exception of the enforceability of the Class Action Waiver clause below).   “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to licenses, services or products provided or billed to You (such as WRI’s licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against us in the same proceeding. The following provisions apply the resolution of such Dispute(s).

Applicable Law; Jurisdiction; Equitable Relief

The Terms of Use are to be construed in accordance with and governed by the laws of the State of Delaware without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Delaware to the rights and duties of You and us. Any action regarding a Dispute shall be brought only in state or federal court located in Washington, DC, and such, You hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum except to the extent You agree to the Arbitration Agreement below. Notwithstanding this paragraph or your assent to the Arbitration Agreement herein for jurisdiction purposes, You acknowledge that violations of the intellectual property rights of WRI or any third-party owner of Proprietary Content may cause substantial harm for which damages alone may not be a sufficient remedy. In event of actual or threatened violation, WRI or on its behalf or a third-party owner of Proprietary Content shall be entitled to seek appropriate equitable relief in any court of jurisdiction to protect intellectual property rights. The obligations and rights set forth in this paragraph shall survive any expiration or termination of your agreement to the Terms of Use.

Any separate contract that is a license agreement that You enter with WRI prevails over this Arbitration Agreement if it expressly conflicts with this choice of law, the jurisdiction in a court of law, or arbitration requirements.  

Arbitration Agreement; Class Action Waiver

This Arbitration Agreement, including the class action waiver, provides that a Dispute (as defined in the Terms of Use) for claims brought by You against WRI arising out of these Terms of Use shall be resolved by binding arbitration.  For purposes of this Arbitration Agreement, “WRI” means World Resources Institute and its subsidiaries, and affiliate legal entities, and each of their respective officers, directors, employees, and agents.  

Any separate contract that is a license agreement that You enter with WRI prevails over this Arbitration Agreement if it expressly conflicts with the jurisdiction in a court of law or arbitration requirements.

Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, FOR WHICH YOU BRING A CLAIM WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give WRI an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to World Resources Institute, Attn: Legal 10 G Street, NE Suite 800 Washington, DC 20002.  That written notification must include (1) your name, (2) your address, (3) a written description of your claim regarding the Dispute, and (4) a description of the specific relief You seek.  If WRI does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, You may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You may choose to pursue a Dispute in court and not by arbitration if  YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF USE (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to World Resources Institute, Attn: Legal 10 G Street, NE Suite 800 Washington, DC 20002.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that You do not wish to resolve Disputes with WRI through arbitration.  Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with WRI.   Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or WRI may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. You agree to have a Dispute that You raise finally resolved in arbitration using either (i) the International Arbitration Rules of the International Centre for Dispute Resolution of the American Arbitration Association, if You are located outside of the United States, or (ii) the Commercial Arbitration Rules of the American Arbitration Association, if You are located in the United States. The U.N. Convention on Contracts for the International Sale of Goods does not apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.   Under no circumstances will class action or representative action procedures or rules apply to the arbitration. Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law as provided in the Terms of Use and consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Location and Language of Arbitration – The arbitration will be conducted in Washington, DC, USA, or may be conducted remotely in accordance with AAA rules.  Arbitration will be conducted in the English language.  

Arbitration Award – You agree that the arbitrators will not have the power to award You any damages that are not consistent LIMITATION OF LIABILITY contained in the Terms of Use. An award to WRI may be in the form of monetary or equitable relief consistent with law. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Arbitration Fees and Costs – You and WRI agree that each is responsible for paying the fees and costs, including attorneys, for arbitration. However, the arbitrators can award costs and attorney’s fees against either You or us or, alternatively, divide them between You and WRI.  

Enforcement – You and WRI understand that any court with jurisdiction will enforce the decisions from the arbitration and enter judgment on them. To the extent permitted under applicable laws, nothing herein limits WRI’s rights to enforce these Terms of Use or take any action against You to protect the intellectual property rights, Website security, or seek remedies for actions You take or fail to take that cause harms under any theory of law, including but not limited to contracts, torts, and equity that may be brought by WRI in any court of jurisdiction, seeking remedies, including, but not limited to, direct damages and equitable relief on behalf of WRI or any third parties, including owners of Proprietary Content.  

No Judge Or Jury In Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms You are each giving up the right for your claims under a Dispute to a jury trial or a trial before a judge in a public court.  In the absence of this Arbitration Agreement, You might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.  YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY FOR A CLAIM YOU BRING REGARDING A DISPUTE.

Class Action Waiver

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and WRI specifically agree to do so in writing following initiation of the arbitration.  If You choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above (Exclusions from Arbitration/Right to Opt Out), this Class Action Waiver will not apply to You.  Except to the extent that representative claims under California’s Private Attorney General Act (“PAGA”) are excluded from these Terms of Use, if applicable, neither You, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above. 

Please read the following Arbitration Agreement with Class Action Waiver (this “Arbitration Agreement”) carefully regarding Disputes. “Dispute” has the same meaning as provided in the Terms of Use.  The Arbitration Agreement affects your rights.

MISCELLANEOUS

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

Waivers
No waiver by WRI of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by WRI so waiving. Except as otherwise set forth in this Terms of Use, (i) no failure to exercise, or delay in exercising or enforcing, any rights, remedy, power, or privilege arising from this Terms of Use will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Entirety
These Terms of Use, together with any additional terms and the documents referenced herein, such as the Terms of Services for specific domain or set of Proprietary Content and/or license agreement between You and WRI are the entire statement of the agreement between You and us, regarding the Website. In the event of any discrepancy or inconsistency between the English version of these Terms of Use and any terms provided in any other language(s), the English version shall prevail.