1. Your Acceptance
A. The following states the terms and conditions under which you may use this Internet site ("Terms of Use"). PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGAL BINDING AGREEMENT BETWEEN YOU AND ENVIROMEDIA SOCIAL MARKETING REGARDING YOUR USE OF THE GREENWASHINGINDEX.COM WEB SITE.
B. This Web site is created by Tuerff-Davis EnviroMedia, Inc. d/b/a EnviroMedia Social Marketing. By using and/or visiting this Web site (collectively, including all content and functionality available through the greenwashingindex.com domain name, the "Greenwashing Index Web site", or "Web site"), you signify your understanding, acknowledgement and agreement to these Terms of Use. If you do not agree to any of these terms, please do not use the Web site.
C. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version (http://www.greenwashingindex.com/terms.php). Greenwashing Index may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Greenwashing Index Web site
A. These Terms of Use apply to all users of the Greenwashing Index Web site, including those users who are also contributors of text, audio, or video content, information, and other materials or services on the Greenwashing Index Web site. The Greenwashing Index Web site includes all aspects of Greenwashing Index, including but not limited to Greenwashing Index weblog or forum pages, and the Greenwashing Index greenwashing index itself.
B. The Greenwashing Index Web site may contain links to third-party Web sites that are not owned or controlled by EnviroMedia Social Marketing. EnviroMedia Social Marketing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of these or any third-party Web sites. In addition, EnviroMedia Social Marketing will not and cannot censor or edit the content of any third-party site. By using the Greenwashing Index Web site, you expressly relieve EnviroMedia Social Marketing from any and all liability arising from your use of any third-party Web site. We encourage you to be aware when you leave the Greenwashing Index Web site and to read the terms and conditions and privacy policy of each other Web site that you visit.
3. Greenwashing Index Username Accounts
A. In order to access some features of the Greenwashing Index Web site, you will have to create a Greenwashing Index username account. This is done by simply providing your name, a username of your choice, a valid e-mail address, and other information that may or may not be required. This information and your access to the Greenwashing Index Web site constitute a Greenwashing Index username account. You may never use another's username account without permission. When creating your username account, you must provide accurate and complete information. You agree that you will not provide a false or fraudulent e-mail address. You are solely responsible for the activity that occurs on your username account. Should you establish a username and password on the Greenwashing Index Web site, you must keep your username account password secure. You must notify Greenwashing Index immediately of any breach of security or unauthorized use of your username account.
B. Although EnviroMedia Social Marketing will not be liable for your losses caused by any unauthorized use of your username account, you may be liable for the losses of EnviroMedia Social Marketing or others due to such unauthorized use.
4. General Use of the Greenwashing Index Web site -- Permissions and Restrictions
EnviroMedia Social Marketing hereby grants you permission to access and use the Greenwashing Index Web site as set forth in these Terms of Use, provided that:
A. You agree not to distribute any part of the Greenwashing Index Web site in any medium, without the prior written consent of EnviroMedia Social Marketing.
B. You agree not to alter or modify any part of the Greenwashing Index Web site, including but not limited to EnviroMedia Social Marketing's greenwashing index.
C. You agree not to use any part of the Greenwashing Index Web site for any commercial use, without the prior written authorization of EnviroMedia Social Marketing. Prohibited commercial uses include without limitation any of the following actions taken without EnviroMedia Social Marketing's express approval: 1) sale of access to the Greenwashing Index Web site on another Web site; 2) use of the Greenwashing Index Web site for the primary purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the Greenwashing Index Web site, or any third-party Web site targeted to the content of the Web site.
D. Prohibited commercial uses do not include uploading of original content to Greenwashing Index, or any use that EnviroMedia Social Marketing expressly authorizes in writing.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site or sends more request messages to the Greenwashing Index servers in a given period of time than a human can reasonably produce in the same period of time using a conventional online Web browser. Notwithstanding the foregoing, EnviroMedia Social Marketing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, EnviroMedia Social Marketing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the Greenwashing Index Web site, nor to use the communication systems provided by the Greenwashing Index Web site (e.g. comments, e-mail) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Greenwashing Index Web site.
F. In your use of the Greenwashing Index Web site, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.
G. EnviroMedia Social Marketing reserves the right to discontinue any aspect of the Greenwashing Index Web site at any time.
5. Your User Submissions and Conduct
A. As a Greenwashing Index Web site username account holder you may submit text, audio or video content ("User Content"). As a Greenwashing Index Web site username account holder you may also submit comments relating to other User Content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that EnviroMedia Social Marketing does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize EnviroMedia Social Marketing to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Greenwashing Index Web site and these Terms of Use.
C. You retain all of your ownership rights in your User Submissions; however, by submitting User Submissions to the Greenwashing Index Web site, you hereby grant EnviroMedia Social Marketing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Greenwashing Index Web site and EnviroMedia Social Marketing's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Greenwashing Index Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Greenwashing Index Web site a non-exclusive license to access your User Submissions through the Greenwashing Index Web site, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Greenwashing Index Web site and under these Terms of Use. You understand and agree, however, that Greenwashing Index may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EnviroMedia Social Marketing all of the license rights granted herein.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Greenwashing Index Web site.
A. The content on the Greenwashing Index Web site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), and the trademarks, service marks and logos contained therein, including without limitation "Greenwashing Index," "EnviroMedia," and related marks and logos (collectively, the "Marks"), are owned by or licensed to EnviroMedia Social Marketing unless expressly disclaimed and are subject to copyright and other intellectual property rights under the law. However, some Content on the Greenwashing Index Web site may be the property of a third party and incorporated into the Greenwashing Index Web site for commentary or criticism or other form of fair use. Where this Content is found, EnviroMedia Social Marketing will disclaim ownership in that third-party Content. Content on the Greenwashing Index Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. EnviroMedia Social Marketing reserves all rights not expressly granted in and to the Greenwashing Index Web site and the Content.
B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Greenwashing Index Web site.
C. You may access Greenwashing Index Content, User Submissions, and other content only as permitted under this Agreement. EnviroMedia Social Marketing reserves all rights not expressly granted in and to the Greenwashing Index Content and the Greenwashing Index Web site.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Greenwashing Index Web site for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Greenwashing Index Web site, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Greenwashing Index Web site or the Content therein.
F. You understand that when using the Greenwashing Index Web site, you will be exposed to User Submissions from a variety of sources, and that EnviroMedia Social Marketing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EnviroMedia Social Marketing with respect thereto, and agree to indemnify and hold EnviroMedia Social Marketing, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. EnviroMedia Social Marketing does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EnviroMedia Social Marketing expressly disclaims any and all liability in connection with either index ratings or User Submissions. EnviroMedia Social Marketing does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and EnviroMedia Social Marketing will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. EnviroMedia Social Marketing reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. EnviroMedia Social Marketing may terminate any User's username account and, to the extent possible, such User's access to the Greenwashing Index Web site if that User is determined to be a repeat infringer.
B. EnviroMedia Social Marketing reserves the right at all times, but does not have the obligation, to edit, refuse to post, or otherwise to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, non-relevant material, or excessive length. EnviroMedia Social Marketing may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Greenwashing Index's designated Copyright Agent to receive notifications of claimed infringement is: Stephen Roberts, Managing Director, EnviroMedia Social Marketing, 1717 W. 6th St., Ste. 400, Austin, TX 78703; fax: 512.476.4392. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, TX, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, EnviroMedia Social Marketing may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it. EnviroMedia Social Marketing, at its sole discretion, may choose to restore access to or replace the removed content.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GREENWASHING INDEX WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GREENWASHING INDEX, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GREENWASHING INDEX WEB SITE AND YOUR USE THEREOF. ENVIROMEDIA SOCIAL MARKETING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GREENWASHING INDEX WEB SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE GREENWASHING INDEX WEB SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ADVERTISING INJURY, PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GREENWASHING INDEX WEB SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GREENWASHING INDEX WEB SITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GREENWASHING INDEX WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GREENWASHING INDEX WEB SITE. GREENWASHING INDEX AND ENVIROMEDIA SOCIAL MARKETING DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GREENWASHING INDEX WEB SITE OR ANY HYPERLINKED WEB SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ENVIROMEDIA SOCIAL MARKETING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL ENVIROMEDIA SOCIAL MARKETING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GREENWASHING INDEX WEB SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GREENWASHING INDEX WEB SITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GREENWASHING INDEX WEB SITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GREENWASHING INDEX WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENVIROMEDIA SOCIAL MARKETING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ENVIROMEDIA SOCIAL MARKETING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Greenwashing Index Web site is controlled and offered by Greenwashing Index from its facilities in the United States of America. Greenwashing Index makes no representations that the Greenwashing Index Web site is appropriate or available for use in other locations. Those who access or use the Greenwashing Index Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify, and hold harmless EnviroMedia Social Marketing, its parent corporation, including its shareholders and affiliates and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Greenwashing Index Web site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Greenwashing Index Web site.
12. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EnviroMedia Social Marketing without restriction.
14. General
You agree that: (i) the Greenwashing Index Web site shall be deemed solely based in Texas; and (ii) the Greenwashing Index Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over EnviroMedia Social Marketing, either specific or general, in jurisdictions other than Texas. These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and EnviroMedia Social Marketing that arises in whole or in part from the Greenwashing Index Web site shall be decided exclusively by a court of competent jurisdiction located in Travis County, Texas. These Terms of Use, together with any other legal notices published by EnviroMedia Social Marketing on the Web site, shall constitute the entire agreement between you and EnviroMedia Social Marketing concerning the Greenwashing Index Web site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and EnviroMedia Social Marketing’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. EnviroMedia Social Marketing reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Greenwashing Index Web site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU, THE GREENWASHING INDEX AND ENVIROMEDIA SOCIAL MARKETING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GREENWASHING INDEX WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
