This Agreement was last updated September 30, 2011
Welcome to GreenNurture.com, a website and sustainability engagement platform owned and operated by GreenNurture.com, LLC ("GreenNurture,” “we” or “us”).
If you register for a free trial, this Agreement will govern that trial usage, as well. Free trials are provided as-is and without warranty.
GreenNurture will provide use of the Service as set forth below provided that you comply with the terms and conditions of this Agreement and that you not copy, distribute or disclose any part of the Service in any medium; and you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose.
Unless otherwise specified, Services are purchased as user licenses and may be accessed by no more than the specified number of Users. Additional User licenses may be added during the applicable subscription term at the same pricing as that for the pre-existing licenses, prorated for the remainder of the subscription term in effect at the time the additional User licenses are added. The added User licenses shall terminate on the same date as the preexisting licenses.
User licenses are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
You agree not use the communication systems provided by the Service for any commercial solicitation purposes or a destination linked from any unsolicited bulk messages or unsolicited commercial messages. You further agree not to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; upload invalid data, viruses, worms, or other software agents through the Service; impersonate another person or otherwise misrepresent your affiliation with a person or entity, commit any unlawful acts using the Service, use the service if under age 18, transfer your account to anyone else without prior written permission. GreenNurture reserves the right to terminate licenses at any time for any reason. Upon termination for any reason, you continue to be bound by this Agreement.
You own all of the content and information you post on GreenNurture.com, and you can control how we share your content through your account settings. In order for GreenNurture to use certain types of content to provide you with the Service, you agree to the following:
For content that is covered by intellectual property rights, such as photos and images ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GreenNurture ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it). However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You agree to abide by your organization’s communications policies and procedures regarding Content you post on GreenNurture.
You agree not to post User Content that causes harm, damage, loss, distress, risk or death to any other person or person’s property. You agree not to post User Content that is untruthful, unlawful, abusive, or harmful in any way to other people, or to post information that is confidential or that you have no legal right to post.
Our Proprietary Rights
We reserve all rights, title and interest in and to the Services, including all related intellectual property rights.
You will not use our copyrights or trademarks (including GreenNurture, GreenNurture.com, GAI, Green Action Index, greenteams.com or GreenNurture.com Logos), without our written permission.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web site or any software used on or for the Service or cause others to do so.
When we solicit suggestions from you for ways to improve the Service, it is with the understanding that you will provide suggestions voluntarily, unrestricted, without obligation or compensation. We may freely use and incorporate any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Services.
Third-Party Websites or Services
GreenNurture may contain links to third-party websites or services, over which GreenNurture has no ownership or control. GreenNurture does not assume any responsibility for any product or service offered through GreenNurture. You agree to relieve GreenNurture of any liability arising from your use of third-party websites or services, including third-party owned content.
If you install or enable Third-Party Applications for use with Services, you acknowledge that we may allow providers of those Third-Party Applications to access your data as required for the interoperation of such Third-Party Applications with the Services. We shall not be responsible for any disclosure, modification, or deletion of your data resulting from any such access by Third-Party Application providers. The Services shall allow you to restrict such access by restricting Users from installing or enabling such Third-Party Applications for use with the Services.
Indemnity & Limitation of Liability
You shall indemnify and hold harmless GreenNurture, its employees, contractors, directors, agents, subsidiaries and affiliates against any claims arising from your use of the GreenNurture Service in violation of any of the terms and conditions contained in this Agreement.
This Service is provided on an “as-is” and “as available” basis, without warranties of any kind, and use of the Service is at your own risk. You agree to assume all risk of any damage to your computer system or loss of data from downloading content from or the use of the GreenNurture Service. GreenNurture assumes no liability for inaccuracy of content or personal or property damage from any cause by use of the Service.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE PROVIDE THE GREENNURTURE SERVICE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GREENNURTURE.COM WILL BE SAFE OR SECURE. GREENNURTURE.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GREENNURTURE.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GREENNURTURE.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GREENNURTURE.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement is governed by the laws of the State of Arizona, and any claims between you and GreenNurture will be decided exclusively by a court located in Maricopa County, Arizona.
GreenNurture reserves the right to determine the means of notifying our Users, whether by email, written or hard copy notice, or through conspicuous posting on our website.
This Agreement, including any other legal notices published by GreenNurture, constitutes the entire agreement between you and GreenNurture. If any provision in this Agreement is found invalid by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in full force and effect. GreenNurture’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact email@example.com for additional information.