TERMS OF ACCESS AND USE
SCGH, LLC (the “Company“) provides a search function for use by persons in the United States and its territories and possessions to find “green” service providers in their communities and “green” product providers nationwide, as well as content and information on products and services pertaining to planning, building, and maintaining a “green” home or business, and operates a related interactive Web bulletin board. The following are terms of a legal agreement (“Agreement“) between you and the Company. By accessing, browsing, submitting content to, and/or otherwise using this Web site (“Site“), you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Company for products, software, services or otherwise, unless otherwise directed by Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
SITE USE GUIDELINES
Any product and service information appearing on the Site is provided for your information only. Always verify product or service information with the provider of such information before purchasing such products or services. All specific questions should be addressed to the providers of a good or service referenced on the Site.
All Site materials, including, without limitation, text, pictures, graphics, and other files and the selection and arrangement thereof are copyrighted materials of SCGH, LLC (© 2008-2011, ALL RIGHTS RESERVED) or by the owner of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, trade names, trade dress, and logos used and displayed on this Site (the “Trademarks“) are registered or unregistered trademarks of Company or its licensors. SIERRA CLUB, the Sierra Club logos, and “Explore, enjoy and protect the planet.” are registered Trademarks of the Sierra Club. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks of Company or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Company or the Trademarks owner, as applicable. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Furthermore, nothing in this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark used or displayed on the Site, without the express written permission of Company or the Trademarks owner, as applicable. The misuse of the Trademarks or any other content displayed on this Site is strictly prohibited.
You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link does not portray Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Trademarks or other proprietary information, including the images found at the Site, the content of any text, or the layout or design of any page or any form contained on a page without Company’s express written consent. You may not use any Trademarks used or displayed on the Site in any hyperlink. Links to third-party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Company has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third-party sites or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You acknowledge and agree that Company 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 third-party sites.
Any software, including any other materials that are made available to download from this Site, is the copyrighted work of Company and/or its licensors, suppliers, and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Company in the case of other downloadable materials.
Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not copy the Web pages on the Site or the content contained therein without Company’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure.
You shall not post, transmit, e-mail, re-transmit, or store material on or through any of the services provided by Company (the “Services“) which, in the sole judgment of the Company: (i) is in violation of any local, state, federal, or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group, or entity (collectively, “Persons“) or (iii) violates the rights of any Person, including rights protected by copyright, trademark, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. In the event of any actual or anticipated activity prohibited by this Agreement, the Company may refuse or remove user content, and may block, suspend, or terminate access by visitors, users, or members of the Site engaging in or connected with such activity. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may use the Services only in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at email@example.com. By way of example, and not limitation, the following uses of the Services are expressly prohibited:
- uploading, posting, e-mailing, or otherwise transmitting any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. Pornography and pornographic-related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
- uses that could harm minors in any way;
- impersonating any person or entity, including, but not limited to, a Company official, forum leader, guide, or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services or developing restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- uses that falsify or delete author attributions, legal notices, or other proprietary designations, or are otherwise false, deceptive, or misleading;
- uploading, posting, e-mailing, or otherwise transmitting any Content 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);
- uploading, posting, e-mailing, or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- uploading, posting, e-mailing, or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
- uses that advertise or otherwise solicit funds or sales of goods or services, except pursuant to a separate agreement with the Company;
- uploading, posting, e-mailing, or otherwise transmitting any material that contains software viruses, corrupted files, or other materials that may cause damage to another’s computer software or hardware or telecommunications equipment;
- disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services;
- intentionally or unintentionally violating any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- uses that violate any law or regulations or result in civil or criminal liability of any kind;
- “stalking” or otherwise harassing another Person;
- promoting, advocating, or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites; and
- effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
GREENCHECK® PROGRAM AND GREEN DIRECTORY
GreenCheck® is a program offered by Company through the Green Directory to help Site users find companies that maintain that they are green businesses. The GreenCheck® logo next to a company’s name or listing indicates that the business asserts a legitimate and meaningful effort to offer a product or service that is more sustainable than what is commonly sold. Though the GreenCheck® vetting process asks about green credentials, it is not a certification or accreditation process. The Company relies on Site users to review businesses and tell the Company if any do not merit continued inclusion in the Green Directory.
DISCLAIMER OF WARRANTY
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. COMPANY DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
SIERRA CLUB DISCLAIMER:
The Sierra Club has not endorsed, approved or certified in any way: (i) any product or service listed on the Site, (ii) any provider of any such product or service, (iii) any advertiser on the Site or (iv) any comments, material, or content (or links to any of the same) on the Site posted or generated by a visitor to or member or user of the Site.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its suppliers or other third parties mentioned at or in this Site, and all subsidiaries, affiliates, officers, agents, and employees thereof harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
REVISIONS TO THIS AGREEMENT
Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound.
The Site may permit you to submit or upload text, files, graphics, images, audio, photos, videos, works of authorship, ideas, suggestions, and other content or materials (collectively, “Submissions“). If you make any such Submissions, you agree that you will not send or transmit to Company any Submission that violates any of the use restrictions identified in these terms of access.
With respect to all Submissions you elect to submit to or post on the Site or otherwise direct to Company, you represent and warrant to Company that you own or have obtained all required rights to such Submissions and hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, sublicense, transmit, and display such Submissions (in whole or part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to sublicense such rights to third parties. You acknowledge and agree that any Submissions you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services.
CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may notify the Company by providing the following information:
1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
3) a description of where the material that you claim is infringing is located on the Site, with enough detail that the Company may find it on the Site;
4) your address, telephone number, and e-mail address;
5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Jennifer Schwab
8912 Spanish Ridge Ave, Ste. 210
Las Vegas, NV 89148
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of Company. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Cook, Illinois (the “Illinois Courts“) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Illinois Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Illinois Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the activities contemplated by this Agreement.