Registry of Adaptation Practitioners Terms & Conditions 

Agreement

These Terms and Conditions create a binding agreement between the CSCI Partners and Organization when an application is submitted for inclusion in the Registry of Adaptation Practitioners.

Definitions

As used in this Registry of Adaptation Practitioners Terms and Conditions, the capitalized terms appearing below have the following meanings:

  • “CSCI Partners” means the Climate Smart Communities Initiative project partners who are the Climate Resilience Fund, EcoAdapt, Fernleaf, ICF, Geos Institute and Natural Resources Defense Council (NRDC). 
  • “Adaptation Registry Products” means on-line components, associated web pages, print materials and other products of the CSCI Partners including but not limited to the Registry of Adaptation Practitioners and Climate Smart Communities Initiative.
  • “Organization” means the organization whose name appears on the line marked “Organization name” on the registry application form.
  • “Organization Marks” means Organization’s name, logo, and other marks Organization makes available to the CSCI Partners under the limited license granted by these terms and conditions.

Limited License and Publicity Release to CSCI Partners

Organization grants CSCI Partners, individually and collectively, a limited, revocable, non-exclusive, worldwide license to use and publicly display, and authorize their agents to use and publicly display Organization’s Marks, subject to the reasonable formatting requirements of Organization, within the Adaptation Registry Products. The size and placement of Organization’s Marks, and whether to publicly display Organization’s Marks, within the Adaptation Registry Products shall be at the sole discretion of CSCI Partners. Organization represents and warrants that it has the full right and authority to grant the rights herein to CSCI Partners; that it has not previously in any manner disposed of any of the rights herein granted to CSCI Partners nor previously granted any rights adverse thereto or inconsistent therewith; that there are no rights outstanding which would diminish, encumber or impair the full enjoyment or exercise of the rights herein granted to CSCI Partners; and that Organization’s Marks and information provided through the application form and subsequent communications do not and will not violate or infringe upon any patent, copyright, literary, privacy, publicity, trademark, service mark, or any other personal or property right of any third party, nor will same constitute a libel or defamation of any third party. CSCI Partners reserve the right to remove Organization’s listing from the Adaptation Registry Products and to cease displaying Organization’s Marks therein at any time and at CSCI Partners’ sole discretion.

Compliance with Laws

Organization represents and warrants that it will comply with all applicable laws and regulations in connection with its performance under these Terms and Conditions.

Liability & Indemnification

Organization shall at all times defend, indemnify, and hold harmless each of CSCI Partners and their respective directors, officers, agents, employees and volunteers, against and from all claims, demands, actions, loss, costs, or liability of every kind (including reasonable legal fees and expenses) arising from, in connection with, or by reason of: (1) Organization’s application to be listed, or listing, within any or all of the Adaptation Registry Products, or (2) any actual or alleged breach or other violation by Organization of these Terms and Conditions.

Disclaimer of Warranties

The Adaptation Registry Products are made available on an “as is” and “as available” basis. CSCI Partners make no warranties or representations of any kind, express or implied, regarding the Adaptation Registry Products, including without limitation. Organization’s use of, and listing, if applicable, within, the Adaptation Registry Products is at Organization’s sole risk.

Dispute Resolution

Organization unconditionally agrees that any dispute or claim arising from or in connection with these Terms and Conditions or the Adaptation Registry Products shall be resolved by neutral, exclusive and binding arbitration in Kitsap County, Washington, USA, or another venue if Organization and CSCI Partners mutually agree to such other venue in writing. Provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement.

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Any arbitration proceeding brought under this Agreement shall be conducted before one arbitrator. The arbitrator shall be selected in accordance with the AAA Rules. Each party to any dispute shall pay its own expenses and fees, including attorneys’ fees. Subject to whatever limitations, if any, exist in the applicable law on such remedies the arbitrator will be empowered to award either party any remedy at law or in equity that the party would otherwise have been entitled to had the matter been litigated in court, including injunctive relief, costs and attorney fees; provided, however, that the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages to the greatest extent permitted by law. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law.

Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of Washington, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court(s) of Kitsap County, Washington, USA. Any arbitration proceedings, decision or award rendered hereunder, and the validity, effect and interpretation of this arbitration provision, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CSCI Partners WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Waiver & Severability

No waiver of any provision of these Terms and Conditions shall be valid unless in writing and signed by CSCI Partners. If any portion of these Terms and Conditions is determined to be unenforceable or invalid, such determination shall not be deemed to affect the enforceability or validity of the remainder of these Terms and Conditions.

Changes to Terms

These Terms and Conditions may be modified at any time and from time to time by CSCI Partners. CSCI Partners also reserve the right to make modifications to these Terms and Conditions as may reasonably be needed to comply with applicable laws or to account for changes in CSCI Partners’ business, or other factors. If Organization continues to use the Adaptation Registry Products or does not request the removal of Organization’s Marks from the Adaptation Registry Products within fourteen days after changes to these Terms and Conditions have been posted, Organization’s will be deemed to have agreed to such changes.

Date of Agreement

Effective as of: 20 March 2025

Last Updated: 19 March 2025