Terms of Use and Privacy Policy

###STATEMENT OF PURPOSE###

Thank you for visiting CoolCalifornia.org. The goal of this website is to provide free resources to help all Californians voluntarily reduce their carbon footprints and save money.

CoolCalifornia.org’s key partners are the California Air Resources Board, the University of California, Berkeley, and Next 10. Other contributors who have been instrumental to the development of the site include: Lawrence Berkeley National Lab, the California Energy Commission, the California Public Utilities Commission and CalRecycle.

By visiting this website, you are accepting the policies and practices described in this Notice.

##I. PRIVACY##

CoolCalifornia.org respects your right to privacy. Government Code section 11019.9 provides that all departments and agencies of the State of California shall enact and maintain a permanent privacy policy, in adherence with the Information Practices Act of 1977 (Civil Code section 1798 et seq.), that includes, but is not necessarily limited to, the following principles to protect your right to privacy when viewing pages on our Internet site:

a. Personally identifiable information may only be obtained through lawful means.
b. The purposes for which personably identifiable data are collected shall be specified at or prior to the time of collection, and any subsequent use of the data shall be limited to and consistent with the fulfillment of those purposes previously specified.
c. Personal data may not be disclosed, made available, or otherwise used for a purpose other than those specified, except with the consent of the subject of the data, or as required by law or regulation.
d. Personal data collected shall be relevant to the purpose for which it is needed.
e. The general means by which personal data is protected against loss, unauthorized access, use, modification, or disclosure shall be posted, unless the disclosure of those general means would compromise legitimate agency objectives or law enforcement purposes.

Additionally, California Government Code Section 11015.5 (a)(6) prohibits all State agencies from distributing or selling any electronically collected personal information about users to any third party without the permission of the user. CoolCalifornia.org does not sell any “electronically collected personal information.” Any distribution of "electronically collected personal information" will be solely for the purposes for which it was provided to us. However, CoolCalifornia.org may provide or distribute certain lists and statistical reports based on personal information as provided by law, but no personal information is sold or distributed and all relevant legal privacy protections still apply to the CoolCalifornia.org websites.

CoolCalifornia.org does place "cookies" on the computers of visitors to our site but only to improve the site’s performance. We do use Google™ Analytics to monitor the aggregate number of visitors to the different pages on our site and also keep track of the various types of web browsers used by our customers. The cookies placed on your computer by using the website do not contain "electronically collected personal information" and do not compromise your privacy or security. Questions concerning this privacy policy should be directed to coolcalifornia@arb.ca.gov.

###PUBLIC DISCLOSURE###

In the State of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by State government. At the same time, there are exceptions to the public's right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both State and federal laws provide exceptions.

All information collected at this site becomes a public record that may be subject to inspection and copying by the public, unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.

###PERSONAL INFORMATION AND HOW IT IS USED###

We do not collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver some specific services, but use of these services is voluntary. If you do nothing during your visit to this website but only browse and download information, we automatically collect and store the following information about your visit:

1. The Internet Protocol Address and domain name used, but not your e-mail address. The Internet Protocol Address is a numerical identifier assigned either by your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
2. The type of browser and operating system you used;
3. The date and time you visited the site;
4. The web pages or services you accessed at the site.

Under Government Code § 11015.5., if you choose, you may have any personal information collected about you discarded from CoolCalifornia.org systems without reuse or distribution, provided we are contacted in a timely fashion. CoolCalifornia.org will not be responsible for information you provide us that is subsequently displayed by Google, Yahoo, or any other search engine.

###REQUEST FOR ASSISTANCE###

Any information you provide to us will only be shared with entities involved as necessary. Information you provide may be included with other consumers' information to be used for statistical reporting, trending data, and/or investigative actions.

###PUBLIC COMMENTS / SURVEYS###

Please note that under the California Public Records Act (Govt. Code Section 6250 et. seq.), your written and oral comments, attachments, and associated contact information (e.g. your address, phone, e-mail, etc.) become part of the public record and can be released to the public upon request. **Additionally, this information may become available via Google, Yahoo, and any other search engines.** The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us.

The information is retained in accordance with Government Code § 11015.5.

###IF YOU SEND US E-MAIL###

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State.

We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.

###REGISTRATION###

Users are reminded to remember their password and please do not share your password.

###A SPECIAL NOTE ABOUT CHILDREN###

Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to CoolCalifornia.org as part of a user. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

If CoolCalifornia.org decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. CoolCalifornia.org will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit the State from making further use of their child's information. CoolCalifornia.org will not provide personal information about children to third parties.

###FEEDBACK INFORMATION###

Any information provided to CoolCalifornia.org through the CoolCalifornia.org website and received on a non-confidential basis allows free and unrestricted use of the information by CoolCalifornia.org.

**If you are not prepared to abide by any of the above, please log off now**

##II. CONDITIONS OF USE##

CoolCalifornia.org shall not be responsible for any errors or omission of content at the website, and reserves the right to make changes without notice. **All information and software obtained from CoolCalifornia.org is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose and non-infringement of proprietary rights.** The entire risk of acting on information obtained from CoolCalifornia.org, including the entire costs of all necessary remedies, is with those who choose to act on such information and not the State of California or the CoolCalifornia.org Partners. In addition, neither the State of California nor the CoolCalifornia.org Partners are responsible for the content of files which are uploaded for inclusion within CoolCalifornia.org. The user assumes full responsibility for the files he/she uploads and/or downloads and/or views including data destroyed by viruses or other computer-initiated problems. CoolCalifornia.org and the State of California will not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the CoolCalifornia.org website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. If you find any error or emission, we encourage you to report them to the contact listed in the About Us area.

The contents of the CoolCalifornia.org website do not necessarily reflect the views and policies of the CoolCalifornia.org Partners, nor does any mention of trade names or commercial products constitute endorsement or recommendation of use.

You agree not to use the system for any illegal purpose or activity, or to discuss or advocate any illegal activities, whether in private or in public. You agree not to do anything on this computer that may damage the computer hardware, software, or data files, or the system's operation in any way.

You agree that no liability of any kind for any matters relating directly or indirectly to your use, or the use of anyone else, whether authorized or not, of this computer system, will impugn to the system operator, CoolCalifornia.org or anyone employed with the CoolCalifornia.org Partners or the State of California.

You agree to hold harmless and to indemnify the system operator, the CoolCalifornia.org Partners or the State of California or anyone employed with the CoolCalifornia.org Partners or the State of California from any action relating directly or indirectly to matters relating to this computer system.

###INDEMNIFICATION###

User agrees to defend, indemnify, and hold harmless the CoolCalifornia.org Partners and its respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the CoolCalifornia.org website.

###DISCLAIMER OF DUTY TO CONTINUE###

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, home pages, and files are reorganized. User expressly agrees that use of the CoolCalifornia.org website is at the user's sole risk. Neither the CoolCalifornia.org Partners nor the State of California nor any of its respective employees warrant that the service will be uninterrupted or error free.

###LINKS TO OTHER SITES###

Other websites are invited to include links to the CoolCalifornia.org website. While we appreciate it if you let us know by emailing coolcalifornia@arb.ca.gov who you are and what part of our site you are linked to, permission is not required.

We ask that you not copy information from this site for placement on another website. Our information is updated frequently, and we need to be certain that only current information is posted and attributed correctly to CoolCalifornia.org. CoolCalifornia.org does not control other websites and their resources, and we can not endorse them. CoolCalifornia.org will not be held responsible for their availability, content, or accuracy. We have designed the site as an iFrame so that large chunks of the content can run (and remain updated) on other websites. **Therefore, we ask you to directly link to our website where we are in control of the timelines and accuracy of the provided information, or to contact us at coolcalifornia@arb.ca.gov for information on how to run CoolCalifornia.org on your own site as an iFrame.**

CoolCalifornia.org may, at its discretion, create links to other websites that meet the following criteria.

1. The external link will assist CoolCalifornia.org in fulfilling its mission.
2. The external link will provide information of value to CoolCalifornia.org customers.
3. The organization being linked to is not engaged in any legal or enforcement proceedings with the CoolCalifornia.org Partners.
4. The external website is managed in a professional manner (i.e., fully operational and available most of the time, etc.).
5. If the external website is a commercial site, the site owner is either an active partner in one of the CoolCalifornia.org programs, or supplies information or products that support the principles of CoolCalifornia.org.
6. The external website does not contain information that would offend common standards of decency and propriety.

CoolCalifornia.org will remove any external link that does not continue to meet these criteria. External links do not imply any State of California or CoolCalifornia.org Partner's endorsement of the opinions or ideas expressed therein, or guarantee the validity of the information provided. The user specifically acknowledges that CoolCalifornia.org is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user and understands that by linking to another site, you are no longer on our site and are subject to the Privacy and Conditions of Use policies of the new site.

CoolCalifornia.org reserves the right to modify the above criteria and add/delete links based upon the modification at any time and without notice. We request that you not post offensive messages or encourage others to do so. You agree to adhere to these policies and notify the system operator at coolcalifornia@arb.ca.gov immediately when you discover any violations of these rules.

###CONFIDENTIAL AND COPYRIGHT INFORMATION###

Copyright

CoolCalifornia.org Carbon Footprint Calculators are copyrighted by the University of California, Berkeley. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

This software is provided by the copyrights holders and contributions “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchant ability and fitness for a particular purpose are disclaimed. In no event shall the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

Pursuant to the Electronic Communications Privacy Act of 1986 (18 U.S.C. 2510, et. seq.), notice is hereby given that there are no facilities provided by this system for sending or receiving truly private or confidential electronic communications.

All files uploaded to CoolCalifornia.org by users for access by the user community shall not require any remuneration from the sender. All such files become public property and are downloaded and operated at the user's risk. Files for which monetary remuneration is requested will be removed.

CoolCalifornia.org may also make use of copyrighted data (e.g., photographs) on our website which may require additional permissions prior to your use. In order to use any information on this website not owned or created by CoolCalifornia.org, you must seek permission directly from the owning (or holding) sources.

**If you are not prepared to abide by any of the above CoolCalifornia.org policies, please log off now.**

WHOM TO CONTACT

Questions about the content of a specific portion of the CoolCalifornia.org website should be referred to the About Us (http://www.coolcalifornia.org/about-us) page.