On The Green LLC Website Terms & Conditions of Use Effective date: 2nd April 2020
We are On The Green LLC (“Company”, “Us” “We” or “Our”) registered in California with file number 201922110170 of 550 W Date Street, Unit 615, San Diego CA 92101 USA.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site.
2. Access to Our Site
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3. Intellectual Property Rights
3.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable international intellectual property laws and treaties anywhere in the world. 3.2 Subject to sub-Clauses 3.3 and 3.7 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our
Site unless given express written permission to do so by Us.
3.3 You may:
3.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 Download Our Site (or any part of it) for caching;
3.3.3 Print copies of pages from Our Site;
3.3.4 Download extracts from pages on Our Site; and
3.3.5 Save pages from Our Site for later and/or offline viewing.
3.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers. If you are Our customer you may be subject to terms set forth in a separate agreement between Us and you.
3.6 We respect the rights of all copyright holders, and it is Our policy to respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act 17 U.S.C (“Act”) and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Us with all relevant information required by the Act.
If you are viewing this site from the United Kingdom, the following sub-Clauses 3.7 and 3.8 apply to you:
3.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
3.8 We assert our all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988.
4. Links to Our Site
4.1 You may link to Our Site provided that:
4.1.1 You do so in a fair and legal manner;
4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
4.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
4.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
4.2 You may link to any page of Our Site only with our express written permission.
4.2 Deep-linking to other pages requires Our express written permission.
4.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
4.4 You may not link to Our Site from any other site the main content of which contains material that:
4.4.1 is sexually explicit;
4.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
4.4.3 promotes violence;
4.4.4 promotes or assists in any form of unlawful activity;
4.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
4.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.4.7 is calculated or is otherwise likely to deceive another person;
4.4.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
4.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 4.4);
4.4.10 implies any form of affiliation with Us where none exists;
4.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
4.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 4.5 The content restrictions in sub-Clause 4.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 4.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
4.6 Good Samaritan Policy: It is Our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Us any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor Our Site. If you believe that someone has violated this policy, we ask you to promptly notify Us.
4.7 Import/Export Control: You agree not to submit any Content to Our Site or
commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
5. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist healthcare and/or medical practitioner advice should always be sought before taking any action relating to the products on our website(s).
6.2 The following FDA Disclaimer applies to you:
The statements made regarding the products on our website(s) have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
6.3 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date. If applicable law does not allow the exclusion of some or all of the implied warranties in these Terms and Conditions as apply to you, the exclusions set forth will apply to you to the fullest extent permitted by applicable law.
7. Our Liability
7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
7.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
8. Viruses, Malware and Security
8.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 8.6 By breaching the provisions of sub-Clauses 8.3 to 8.5 you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
9. Acceptable Usage Policy
9.1 You may only use Our Site in a manner that is lawful. Specifically:
9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
9.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
9.2.2 issue you with a written warning;
9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.2.4 take further legal action against you as appropriate;
9.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.2.6 any other actions which We deem reasonably appropriate and lawful.
9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
10. Privacy and Cookies
11. Changes to these Terms and Conditions
11.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
11.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
12. Contacting Us To contact Us, please email Us at firstname.lastname@example.org or use any of the methods provided on Our contact page on Our Site.
13. Communications from Us
13.1 If We have your contact details, We may from time to time send you important
notices by email or other methods of electronic communication. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
13.2 If you receive any marketing or other business promotion from Us, you may opt out of receiving communications from Us at any time. Any and all marketing communications sent by Us include an unsubscribe link. If you opt out of receiving communications from Us at any time, it may take up to 14 business days for Us to comply with your request. During that time, you may continue to receive communications from Us.
13.3 For questions or complaints about communications from Us (including, but not limited to marketing communications), please contact Us at email@example.com or Our contact page on Our Site.
14. Data Protection
14.2 The California Consumer Privacy Act (“CCPA”) may apply to you if you are a “Consumer” as defined by that Act.
14.3 If you are resident in the United Kingdom, the Data Protection Act 2018 may apply to you.
14.4 If you are resident in the European Economic Area (“EEA”) the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) may apply to you.
14.5 It is your obligation to satisfy yourself as to which legislation applies to you depending on your status and place of residence or business dealings and We accept no responsibility to you for the choice of laws that may apply.
15. Law and Jurisdiction, dispute resolution
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of California.