Effective date: May 21st, 2021
By accessing or using the Website, you acknowledge that you have read, understand, and agree to its terms. If you do not agree, then please do not use the Website.
CAGBN may modify or add to this Agreement at any time, for any reason (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Website. CAGBN may provide notice of significant changes to this Agreement as required by law. The Updated Terms will be effective at the time they are posted, or at a later date if specified in the Updated Terms or if required by law. The Updated Terms will apply to your use of the Website from that point forward.
Your use of the Website after posting of any Updated Terms establishes your acceptance and agreement to those changes. If you do not agree to be bound by the Updated Terms, you must stop using the Website.
You shall not:
● Access or try to access non-public areas of the Website, CAGBN computer systems, or the technical delivery systems employed by CAGBN for its Website;
● Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Website or any content from CAGBN;
● Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content, or code of the Website;
● Gather and use user information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation;
● Transmit any worms or viruses or any code of a destructive nature;
● Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Website, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
● Transport, export or re-export (directly or indirectly) into any country forbidden to receive the Website by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;
● Use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in your jurisdiction.
● You may not add sensitive data to your account that is subject to U.S. federal regulations which includes, without limitation, medical records, health-related records, human resources-related data, student records.
ACCESSING THE WEBSITE; USER ACCOUNTS:
We provide access to our Website to the following groups of users:
• Visitors: are people who want to explore the Website and the services we provide. No login is required for visitors. Visitors can: (i) view and access all publicly available features and functionality on the Site or offered in connection with Site, including by making donations; (ii) apply to become a Green Business (defined below) in order to participate in services offered through the Site; (iii) subscribe to our communications, alerts and other notifications; and (iv) contact us.
• Green Businesses: are users who have registered their business as a member of CAGBN’s network to access certain services offered by CAGBN or its affiliates and areas and features of the Website available only to Green Businesses. For more information regarding registration as a Green Business, see below.
GREEN BUSINESS REGISTRATION & MEMBERSHIP PROGRAM:
By participating in CAGBN’s Green Business membership program, you will be able to access products and services offered through the Website available only to registered Green Businesses, including the ability to create a Company Profile. When you sign up to become a Green Business, you create a CAGBN user account. All your activities on the Website as a Green Business are tied to your account. When setting up your account, you must provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. Inform us immediately upon learning that someone else may be using your account without your permission by contacting us through the contact information in this Agreement.
In connection with establishing an account, you may be asked to submit certain information about yourself or the organization you are certifying as a Green Business (“Registration Information”). You agree that: (1) all Registration Information you provide will be true and complete; and (2) you will maintain and promptly update your Registration Information to keep it accurate and current. You are required to keep Registration Information accurate and current. You shall notify us if you learn of any unauthorized access or use of your accounts or passwords.
You promise to update the information you have provided to CAGBN in the event of any changes to your contact information. Specifically with respect to your contact information, CAGBN may deliver notices to you at the most recent email address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address.
Membership Renewal and Cancellation:
Membership Renewal and Cancellation:
CAGBN or its local affiliates may, in their discretion, charge fees for participation in membership programs offered by CAGBN or its affiliates. Any fees will be charged pursuant to a separate agreement entered into prior to your membership.
END USER LICENSES:
Your License to the Website:
Subject to your compliance with this Agreement, CAGBN will permit you to access and use the Website solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you may have entered into with CAGBN
Your License to the Content:
Unless otherwise noted on the Website, all content, data, or other information provided through the Website made by CAGBN (collectively “Content”) is owned by CAGBN. By accepting this Agreement, CAGBN grants to you a non-exclusive, non-transferable, and revocable license to use the Website and Content only for the purposes for which CAGBN has provided the Website to you (“Website License”). You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Website, or in any other way exploit any of the Content, software, products, or services contained on the Website without the prior written consent from CAGBN.
Your License to CAGBN:
If you provide any data to CAGBN in connection with your use of the Website, including, without limitation, Registration Information, or any other information related to your registration as a Green Business (collectively, “User Information”), you
• Grant CAGBN an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, compile, prepare derivative works of, publish, display, or allow for the display, by CAGBN or any other third party, any User Information relating to your account or the organization which you have registered as a Green Business in connection with your account, including, but not limited to: your organization’s name, company logo, location, industry sector, business data including number of employees and square footage, and environmental outcome data.
• Grant CAGBN an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, compile, prepare derivative works of, publish, distribute and sublicense: (i) all aspects of your User Information; and (ii) any information related to the environmental practices, outcomes, or impacts of your Green Business, whether collected by us or third parties, provided such User Information is published or otherwise transmitted to third parties in an anonymized format or with your prior consent to the use of your identifying information, and you irrevocably waive, and cause to be waived, against CAGBN and its affiliates and related parties any claims and assertions of any moral rights contained in such User Information;
• Warrant and represent that you own the rights to your User Information or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.
DATA COLLECTION AND USE
Data Compilations and Aggregation
You give CAGBN permission to combine identifiable and non-identifiable information you enter or upload to the Website with that of other users of the Website and/or other services offered by CAGBN. For example, this means that CAGBN may use your and other users’ non-identifiable, aggregated data to improve the Website or to design promotions and provide ways for you to compare business practices with other users.
Communications Required by Law
CAGBN may be required by law to send you communications about the Website or third-party products. You agree that CAGBN may send these communications to you via email or by posting them on our Website
Your Rights as a United States Resident
CAGBN offers you choices regarding the collection, use, and sharing of your information, and CAGBN will respect the choices you make. Please note that if you decide not to provide CAGBN with any information requested, you may not be able to access some or all of the features of the Website.
In applicable jurisdictions, you may have the right to request that CAGBN delete data collected from you. CAGBN will comply with such requests in a reasonable time as required by law. However, to the extent allowed in the jurisdiction, CAGBN may still retain some or all of your data in order to: (a) comply with state and federal law; (b) to prevent or assist in the prosecution of criminal or illegal conduct; (c) diagnose, debug, or otherwise repair problems related to our Website; and (d) whenever necessary to protect or ensure the privacy of your data.
CAGBN reserves the right to investigate, terminate, change, suspend, or discontinue the Website at its sole discretion, including without limitation, the availability of any feature, database, or content, or your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website and related content. Any obligations and liabilities made by you prior to termination of this Agreement shall be strictly enforced.
LINKS TO OTHER WEBSITES
The Website may contain links to third-party web sites or services that are not owned or controlled by CAGBN. CAGBN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that CAGBN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We suggest you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
WARRANTIES AND DISCLAIMERS
You represent and warrant that:
● You have the legal right and authority to enter into this Agreement on behalf of yourself and any organization or entity you represent;
● You have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND CAGBN EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAGBN WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY FOR ANY AMOUNTS PAID OR PAYABLE TO THIRD PARTIES UNDER INDEMNIFICATION OBLIGATIONS, CAGBN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF CAGBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
You agree to defend, indemnify, and hold harmless CAGBN, its respective officers, directors, agents, employees, contractors, and volunteers from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, (collectively “Claims”), and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of this Agreement or your use of the Website or services offered by CAGBN. These Claims may relate to, but are not limited to: (a) any User Information submitted by you in connection with the Website, or any use of the Website in violation of this Agreement; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party. CAGBN may select and retain counsel to represent it at your own expense. You shall promptly notify CAGBN of any claim or intended suit against CAGBN.
For any and all disputes you may have with CAGBN, you agree to first contact CAGBN and attempt to resolve the dispute informally. In the unlikely event that you and CAGBN are unable to resolve the dispute within 60 days, you and CAGBN each agree to resolve any Claim (excluding claims for injunctive or other equitable relief) in connection with the Website, including breach or alleged breach of this Agreement by binding arbitration
Unless you and CAGBN mutually decide otherwise, arbitration will be conducted in Santa Cruz, CA. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Website.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INsectionIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAGBN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, CAGBN shall modify this Agreement to affect its original intent as closely as possible, to the fullest extent permitted by applicable law.
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles. CAGBN’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.
All trademarks, service marks, logos, and copyrights included on the Website ("Intellectual Property") are the property of CAGBN or third parties. You may not use such Intellectual Property without the express, prior written consent of CAGBN or the applicable third party. All contents of Website are: Copyright © 2021 California Green Business Network. All rights reserved
CAGBN has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with information necessary to evaluate your claim. For this notice to be effective, you must provide it to our designated agent at:
California Green Business Network
User acknowledges, understands, and agrees that CAGBN does not guarantee or warrant that it will find, locate, or discover all of user's threats, vulnerabilities, malware, and malicious software, and users and their affiliates shall not hold CAGBN responsible for such failures
UNITED STATES USE ONLY
The Site is controlled and operated by CAGBN from its offices in the State of California. CAGBN makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in locations outside of the United States. Your use of or access to the Website should not be construed as CAGBN’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
QUESTIONS AND CONTACT INFORMATION
Please contact CAGBN if you have any questions about this Agreement at:
California Green Business Network
This Agreement is the complete and exclusive agreement between you and CAGBN regarding your access to and use of the Website. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between you and CAGBN relating to your use of the Website. In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.