GreenGain Website Terms and Conditions
www.GreenGainTool.org

Terms and Conditions

Please read this Terms and Conditions of Use Agreement before accessing the Website.

This Terms and Conditions of Use Agreement (this "Agreement") sets the standards of use of GreenGain, Green America's online assessment and certification program, and access to the www.GreenGainTool.org website (the "Web site") for Members of the Green Business Network at Green America ("GBN", "we", "us", or "our") and other Non-Member users of GreenGain. By using the Website, you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of the Web site. We reserve the right, at any time, to modify, alter, amend, or update this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Web site. Your continued use of the Web site and the services offered on the Web site after modifications or updates are posted constitutes an acknowledgement and acceptance by you of this Agreement and its amendments, modifications, or updates.

Application of Website

This Agreement shall apply to all users or subscribers of and visitors to the Web site, including users who contribute content, information, or other materials or services on the Web site as well as Members.

Subscription/GBN Members

In order to access certain parts of the Web site, you will be required to subscribe for our services and create a GBN account, thereby becoming a GBN Member (a "Member"). As a Member, you acknowledge and agree that:

(a) you will provide accurate and complete information when creating and/or updating your GreenGain account;

(b) you are solely responsible for any activity that occurs on your GreenGain account and you must keep your login information secure;

(c) when completing your assessment and making any updates to your account (including updating the initiatives you have completed) you will provide accurate and factually correct information;

(g) as part of our efforts to ensure compliance with our services and the accuracy of information provided to us, we reserve the right to review the overall progression of a company's performance in social and environmental responsibility based on Green America's strict standards. Upon meeting Gold-level requirements in GreenGain, a business must undergo a review by Green America's Standards Committee in order to attain the Gold level Seal of Approval;

(h) you are subject to all of the terms and conditions of this Agreement; and

(i) we reserve the right to discontinue and/or revoke your GBN membership as a result of (1) your breach of any of the foregoing, (2) your insolvency, bankruptcy, or assignment for the benefit of creditors, and (3) a review that demonstrates you have provided inaccurate or incorrect information regarding the initiatives that have been completed and complied with.

(j) we reserve the right to revoke your use of the Green America Green Business Seal of Approval at our sole discretion, at any time, for any reason including but not limited to (1) a failure on your part to pay membership dues in a timely manner; (2) complaints about your business practices (including but not limited to customer fraud or performance misrepresentations) or violation of social and environmental principles of membership (including but not limited to such actions as sourcing products made with forced child labor or engaging in discriminatory hiring practices); (3) failure to achieve minimum standards of social and/or environmental performance in GreenGain to qualify for continued participation a special Green America program, such as Green Festivals.

Notwithstanding the foregoing, please notify us immediately of unauthorized use of your GBN account by emailing us at greengain@greenamerica.org.

Privacy Policy

We respect the privacy of the users, subscribers, Members, and visitors to the Web site. To see our Privacy Policy, please click here.

Copyright and Trademark Information

All content included or available to end users on the Web site, including text, graphics, images and illustrations is © 2011 Green America, with all rights reserved, or is the property of Green America and/or third parties protected by intellectual property rights. All source code related to operation and production of the Web site is © 2011 Green Bureau, LLC d/b/a Green Business Bureau, with all rights reserved, or is the property of Green Bureau, LLC d/b/a Green Business Bureau and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without our prior written permission is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the information contained therein without our prior written permission.

Green Business Networkâ„¢ is a proprietary mark of Green America registered with the United States Patent and Trademark Office. Our trademarks, including the aforementioned, may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

All trademarks not owned by us and displayed on the Web site are trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such owner. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.

Modifications and Interruption of Service

We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue our services and/or the Web site. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Web site and operation of the Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

The Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and we are not responsible therein. We encourage you to review the privacy policies of such third-party sites.

Disclaimer of Warranties

The website and the information and content provided through it are provided by us on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the website in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of the website. To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, express or implied, including but not limited to any warranties of title, implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement. You expressly agree that use of the website, including all content, data, or information distributed by, downloaded or accessed from or through the website, is at your sole risk. We assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of the information or content of the website, including without limitation, the estimated environmental and social impact, the cost savings, the ease of implementation, and the overall rating system of initiatives. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above warranties may not be applicable.

Limitation of Liability

We shall not be liable for any damages whatsoever, and in particular we shall not be liable for any compensatory, special, direct, indirect, consequential, punitive, or incidental damages, or damages for lost profits, loss of revenue, loss of data, loss of or damage to property, or loss of use, arising out of or related to the website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

Indemnification

You agree to indemnify and hold us, our parent company, any subsidiaries, affiliates, managers, members, officers and/or employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Website and our services, the violation of this Agreement, or infringement by you, or other use of our services using your computer, of any intellectual property or any other right of any person or entity.

Disclaimer Regarding Accuracy of Vendor Information

GreenGain contains links to other websites, including websites that sell products and services. Green America does not warrant or guarantee in any way that prices, shipping costs, taxes, products or descriptions, or any other content on the Websites is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and Green America shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website. If there is any discrepancy between information on the Websites and information on a merchant's or service provider's site, the information on the merchant's or service provider's site shall govern.

Governing Jurisdiction/Trial by Jury

This agreement shall be governed by and construed in accordance with the laws of the District of Columbia as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objection to personal jurisdiction and venue in the state and federal courts located in the District of Columbia, USA, and you shall not commence or prosecute any suit or action except in the foregoing courts. Each of the parties hereto knowingly, voluntarily and intentionally waives any rights it may have to a trial by jury in respect of any litigation based hereon, or arising out of, under, or in connection with, this agreement, or any course of conduct, course of dealing or statements (whether verbal or written) relating to the foregoing. This provision is a material inducement for the parties hereto to enter into this agreement.

Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or our services in any way that violates applicable local, state, federal, or international laws, regulations, statutes, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or national law or regulation.

Notification of Claimed Copyright Infringement

Pursuant to Section 5.12(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following as our agent for receipt of notifications of claimed copyright infringement:

Green America
1612 K Street, Suite 600
Washington, D.C. 20006
contact@greenamerica.org

Other Terms

If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a sale, merger, or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a subscriber to our services. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices.

The following Web sites are operated by Green America, located at 1612 K Street NW, Suite 600, Washington, DC 20006. Our telephone number is (202)872-5307.

Contact us with questions about the Terms and Conditions.