Last updated October 2016

These Terms and Conditions of Use (these “Terms of Use”) govern the use of The Green Grid Association’s (“TGG,” “we,” “our,” or “us”) website at www.thegreengrid.org (the “Site”).  Unless the context indicates otherwise, when we refer in these Terms of Use to “you” or “your”, we are referring to both you, an individual, and any organization you are accessing the site on behalf of.  YOUR USE OF THIS SITE INDICATES THAT YOU, ON BEHALF OF YOURSELF AS AN INDIVIDUAL AND ON BEHALF OF THE ORGANIZATION YOU REPRESENT, ACCEPT AND AGREE TO THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE THEN YOU DO NOT HAVE ANY RIGHT TO USE THIS SITE AND YOU SHOULD EXIT THIS SITE AND NOT USE THE SITE.

By visiting this Site, you agree to the following:

1. ACCESS AND CONDITIONS OF USE

1.1 Your right to use this Site is subject to compliance with all terms in these Terms of Use. The Site includes a variety of information, materials, and resources that may be viewed on or, in some cases downloaded from, the Site (collectively, “Resources”).  These Resources may include but are not limited to files, software applications, reports, presentations, webinars, membership information, press releases, and/or general information about TGG. Some Resources may only be available to certain users (e.g., members of TGG or registered users who have purchased access to certain Resources).

1.2 This Agreement permits you to use the Site for your own personal or your organization’s internal business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content or materials available on our Site, except as follows:

(a) You may print or download one copy of a reasonable number of pages of the Site only for your own personal or internal business use and not for further reproduction, publication or distribution.

(b) If we make certain Resources available for download, you may download, use, display, and perform such Resources only for your own personal or internal business use and not for further reproduction, publication or distribution.

(c) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the Site.

(d) You may store files that are automatically cached by your web browser for display enhancement purposes.

(e) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or internal business use, provided you agree to be bound by our end user license agreement for such applications.

(f) If we provide social media features with certain content, you may take such actions as are enabled by such features.

1.3 As additional conditions to your use of this Site, you agree that you will not:

(a) Modify copies of any materials from this Site;

(b) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site;

(c) Use the Site for any unlawful purpose;

(d) Use the Site in a manner that could damage, disable, overburden or impair the Site;

(e) Attempt to gain unauthorized access to any of the Resources or TGG’s Server through hacking, password mining or other unauthorized means;

(f) Obtain or attempt to obtain any materials or information not intentionally made available through the Resources;

(g) Use any robot, spider, other automatic device or manual process to monitor, deep link with or copy the Site's web pages or any of the Site's content;

(h) Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of the Site or another computer; or

(i) Otherwise attempt to interfere with the proper working of the Site.

1.4 You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.

2. USER REGISTRATION, USER IDS AND PASSWORDS

You may be required to register to access certain Resources on this Site.  If you register to use the Site, you must provide current, complete and accurate information as prompted by the registration form. You may receive a user ID and password. You are entirely responsible for protecting and maintaining the confidentiality of your user ID and password as well as all activities that occur under your account. You agree to immediately notify TGG of any unauthorized use of your account. TGG will not be liable for any loss that you may incur as a result of an unauthorized use of your user ID or password. However, you could be held liable for losses incurred by TGG due to an improper use of your user ID or password. You may not use any other person or entity’s user ID or password at any time.

3. USER CONTRIBUTIONS

3.1 The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.  All User Contributions must comply with the Content Standards set out in these Terms of Use.

3.2 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain full ownership of your User Contributions.  By providing any User Contribution on the Site, you grant us and any third party who visits the Site to and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose:

3.3 You represent and warrant that:

(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, all Site visitors, and their or our respective licensees, successors and assigns.

(b) All of your User Contributions do and will comply with these Terms of Use.

3.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TGG, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

3.5  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

4. CONTENT STANDARDS

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, in our sole discretion.

(b) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(c) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

(d) Be likely to deceive any person.

(e) Promote any illegal activity, or advocate, promote or assist any unlawful act.

(f) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

(g) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

5. MONITORING AND ENFORCEMENT

5.1 We have the right to:

(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for TGG.

(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

(e) Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

5.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TGG AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

5.3 However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

6. COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please see our Copyright Infringement Policy[A1]  for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

7. INTELLECTUAL PROPERTY OWNERSHIP

7.1 Except as otherwise provided herein, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by TGG, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

7.2 The TGG name, the terms “THE GREEN GRID,” the TGG logo, and all related names, logos, product and service names, designs and slogans are trademarks of TGG or its affiliates or licensors.

8. FEEDBACK

You agree that any information, feedback, questions, comments and related materials that you provide to TGG in connection with your use of this Site (“Feedback”) are provided to TGG on a non-confidential and non-proprietary basis. TGG shall have no obligations to you of any kind with respect to any Feedback and shall be free to reproduce, use, disclose and/or distribute any Feedback for any purpose whatsoever, without limitation.

9. PRIVACY POLICY AND OTHER POLICIES GOVERNING THIS SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. LINKS TO THIRD-PARTY SITES

As a convenience, the Site may provide links to other web sites that are not owned or controlled by TGG (“Third Party Sites”). TGG does not control Third Party Sites and is not responsible for the content in Third Party Sites or in any links contained in a Third-Party Site or for any changes or updates to any of these sites. Any link from this Site to a Third Party Site does not constitute or imply any endorsement or recommendation by TGG. Your visit to any Third Party Site is subject to the terms and conditions of that Third Party Site, and you should refer to each Third Party Site’s specific terms.

11. THIRD-PARTY CONTENT

This Site may include content provided by third parties, including User Contributions, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TGG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TGG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

13. NO WARRANTY

THE SITE, THE RESOURCES AND THE INFORMATION AND MATERIALS IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TGG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TGG DOES NOT REPRESENT OR WARRANT THAT THE RESOURCES OR MATERIALS IN THIS SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT TGG PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TGG DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS TGG SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TGG does not guarantee continuous, uninterrupted or secure access to its Resources, and operation of the Site may be interfered with by numerous factors outside of the control of TGG, including, but not limited to, telecommunications network disruptions.

14. LIMITATIONS OF LIABILITY

14.1 IN NO EVENT SHALL TGG BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

14.2 IN NO EVENT WILL TGG, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

14.3 THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.4 This Site may contain information which is targeted to a wide range of audiences and could contain details or information otherwise not accessible or valid in your country. Please be aware that TGG does not take any responsibility for accessing such information which may not comply with any legal requirements, processes, regulations, registrations or usage requirements in your country.

15. CHANGES TO THESE TERMS OF USE.

TGG may modify these Terms of Use at any time and from time to time and you will thereafter be bound by the version of these Terms of Use that is in effect at the time you visit this Site. Any use of this Site by you after we post modified Terms of Use shall be deemed to constitute your acceptance of such modifications.

16. TERMINATION

In addition to any other rights, TGG reserves the right, without notice and in its sole discretion, to terminate your use of this Site and to block or prevent further access to and use of this Site by you.

17. GOVERNING LAW

The Agreement will be construed and controlled by, and any dispute arising from the terms of these Terms of Use shall be governed by, the laws of the State of Oregon.

18. ENTIRE AGREEMENT, SEVERABILITY; NON-WAIVER

This Agreement, along with the Privacy Policy, Copyright Infringement Policy, and any other policies governing this Site as referenced in these Terms of Use, constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and the enforceability of the remaining provisions. The failure of TGG to insist upon or enforce strict performance of any of these provisions or to exercise any rights or remedies under these Terms of Use will not be construed as a wavier or relinquishment to any extent of TGG's right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same will be and remain in full force and effect.

19. QUESTIONS AND CONTACT INFORMATION

If you have questions about the terms of these Terms of Use, please send an email to admin@thegreengrid.org.    

Copyright © 2011, 2016 The Green Grid Association. All rights reserved.

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