Green Advantage®, its parent, subsidiaries and affiliated companies, (collectively "Green Advantage®") maintain this site (the "Site") to provide information about the Green Advantage® training and certification programs. Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions which may be modified from time to time. You may review the most current version of the Terms and Conditions at any time at www.greenadvantage.org. Any new features that augment or enhance the current Site shall be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
Terms and Conditions
1. Green Advantage's Proprietary Rights
You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Green Advantage®. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto ("Licensed Content"), is owned by Green Advantage® or its parent, subsidiaries or affiliates or its suppliers and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the terms and conditions of this Agreement, Green Advantage® grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Software solely as follows:
- To access the Licensed Content and Software from the Site solely for your use. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.
- You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with Green Advantage® or create your own website for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. Green Advantage® grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto.
You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Green Advantage®, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or on the Software, in whole or in part.
2. Privacy
Green Advantage® values its relationship with visitors and therefore makes every effort to safeguard personal information while also making information available to our visitors. Green Advantage® collects personal information in several ways from different parts of the Site, for example if you were to ask a question or report a problem with the Site. If you contact Green Advantage®, we may keep a record of that session or correspondence. Green Advantage® may also occasionally ask users to complete surveys for research purposes. At present, Green Advantage® does not require registration, however in the event registration is instituted, personal information such as name, address, telephone and facsimile number, billing and credit card or other account information, would be gathered just as if you telephoned or contacted Green Advantage® via facsimile or regular mail.
Green Advantage® may use "cookies" to secure your transaction activities and enhance the performance of the Site. A cookie is a small amount of identifier data that is sent to your browser from an Green Advantage® web server and stored on your computer's hard drive. Generally, Green Advantage® may use cookies to: (a) remind it of who you are in order to deliver to you a better and more personalized service and (b) estimate its audience size. By determining the nature and extent of repeat usage, Green Advantage® will be able to (c) target information to you based upon your interests; and (d) measure certain traffic patterns to understand how users' habits are similar or different from one another, all so that Green Advantage® may improve the Site. Green Advantage® also collects IP addresses for system administration to include them in outgoing mail message headers. Green Advantage® may also research its users' demographics, interests and behavior based on the information provided upon registration, during a promotion, from its server log files or from servers, to better understand its users. While Green Advantage® has no intention of doing so at the present, Green Advantage® may share this information from time to time with its parent, a subsidiary, affiliate, third parties providing services on its behalf or sponsors of certain promotions.
To help us improve its services to you, Green Advantage® may, from time to time, make collective customer information available to selected third parties, but only in the aggregate. As a rule, Green Advantage® will not disclose any of your personally identifiable information. However, by accessing and using the Site, you agree that such information may be disclosed as described above, in addition to when Green Advantage® has reason to believe that disclosing this information is necessary to identify, contact or bring legal action to enforce any of Green Advantage's rights, including against you or a third party for nonpayment, or violation of the Terms of Use causing injury to or interference with its rights or property, to other Green Advantage® users or anyone else that could be harmed by such activities. Green Advantage® may disclose or access account information when Green Advantage® believes in good faith that the law requires it and for administrative and other purposes that Green Advantage® deems necessary to maintain, service and improve our products and services and to protect our rights or property.
3. Subscriber Conduct
You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Green Advantage® are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Green Advantage® be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Site.
You agree to not use the Site to:
(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;
4. Indemnity
By accessing and using the Site, you agree to indemnify and hold Green Advantage®, its parent, subsidiaries, affiliates, advisory board, certification board, officers, suppliers, co-branders or other partners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of anything you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any Rights.
5. Modifications to the Site
Green Advantage® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Licensed Content or may terminate your use of this Site with or without notice. You agree that Green Advantage® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Green Advantage® has no obligation and assumes no duty to revise or update the Site (or any part thereof) or any Licensed Content placed on the Site, even if new information regarding the Green Advantage® program, the status of persons or business entities certified by Green Advantage® or other Licensed Content becomes available for disclosure.
6. Dealings with Advertisers
Your correspondence or business dealings with any persons or business entities certified by Green Advantage®, or participation in promotions of sponsors, partners, advertisers or other third parties found on or through the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Green Advantage® specifically disclaims any obligation to review, test or otherwise confirm the accuracy of any information placed on the Site or otherwise obtained from such sponsors, partners, advertisers or other third parties. Green Advantage® also specifically disclaims any duty or obligation to revise the Site (or any part thereof) or any Licensed Content in connection with any changes in federal, state or local laws or regulations. You agree that Green Advantage® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. However we may be privy to and use personal information provided by you to such parties.
7. Links
The Site may contain links to third party WorldWide Websites or resources. Because Green Advantage® has no control over such sites and resources, you acknowledge and agree that Green Advantage® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any products or other materials on or available from such sites or resources.
8. Green Advantage® Certification
Green Advantage® makes no representations or warranties that any person or business entity listed in this website and hired by you to provide products or services will meet your needs and expectations.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREEN ADVANTAGE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, LICENSED CONTENT OR INFORMATION REGARDING PERSONS OR BUSINESS ENTITIES CERTIFIED BY GREEN ADVANTAGE®, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) GREEN ADVANTAGE® MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREEN ADVANTAGE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREEN ADVANTAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREEN ADVANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Notice
Notices to you may be made via either email or regular mail. Notice or other correspondence to Green Advantage® should be mailed to:
Green Advantage®
12606 Trillium Glen Lane
Lovettsville, VA 20180
Attention: CEO
11. Trademark Information
Green Advantage® and other Green Advantage® logos, trade names, trade dress, product and service names are proprietary to Green Advantage®, its subsidiaries and affiliates (collectively the "Marks"). In addition, Green Advantage® may license from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.
12. General Information
The Terms of Use constitute the entire agreement between you and Green Advantage® and govern your use of the Site, superseding any prior agreements between you and Green Advantage®. The Terms of Use and the relationship between you and Green Advantage® shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and Green Advantage® agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. The failure of Green Advantage® to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
13. Violations
Please report any violations of the Terms of Use to our customer service.
The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu'elles ont exige que la presente convention soit redigee in anglais. |
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