The Shade Tree Fund

Terms of Service

Terms of Service for The ShadeTree Fund

Last Updated: September 1, 2024

1. Acceptance of Terms

By accessing or using the website, services, or any applications (collectively, the "Services") provided by The ShadeTree Fund (referred to as "we," "us," or "our"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

The ShadeTree Fund is a philanthropic not-for-profit organization that provides grants to technical teams addressing climate change issues. Our Services include, but are not limited to, providing information about our grant programs, accepting grant applications, and facilitating donations.

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

4. Grant Application Process

5. Intellectual Property

6. User Conduct

You agree not to:

7. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Donations

9. Limitation of Liability

To the fullest extent permitted by applicable law, The ShadeTree Fund shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

10. Indemnification

You agree to indemnify, defend, and hold harmless The ShadeTree Fund and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or relating to your use of our Services.

11. Modifications to Services

We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [Insert Jurisdiction].

13. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Services following any changes indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.

14. Termination

15. Disclaimer of Warranties

16. Links to Third-Party Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by The ShadeTree Fund. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that The ShadeTree Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The ShadeTree Fund regarding our Services and supersede all prior agreements and understandings, whether written or oral.

19. Assignment

The ShadeTree Fund may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights to use the Services without our prior written consent.

20. Contact Information

If you have any questions about these Terms, please contact us at:

The ShadeTree Fund
P.O. Box 7460
2120 Avy Avenue, Menlo Park, CA 94025-9992
Email: hello@shadetreefund.org
Phone: +1 650-242-5635

21. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

22. Force Majeure

The ShadeTree Fund shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

23. No Partnership

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and The ShadeTree Fund, constitute either party the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of the other party.

24. Feedback and Information

Any feedback, comments, ideas, improvements or suggestions provided by you to The ShadeTree Fund with respect to the Services shall remain the sole and exclusive property of The ShadeTree Fund. The ShadeTree Fund shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you.

By agreeing to these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth herein.