READ THIS TERMS AND CONDITIONS OF USE AGREEMENT BEFORE ACCESSING THE WEBSITE
This Terms and Conditions of Use Agreement (this “Agreement”) sets the standards of use of and access to the www.greenbusinessbenchmark.com website (the “Website”) as well as the terms and conditions of the relationship with Subscribers (as defined below) of the Green Business Benchmark° (“GBB”, “we”, “us”, or “our”). By using the Website you agree to the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, amend, or update this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Website. Your continued use of the Website and the services offered on the Website after modifications or updates are posted constitutes an acknowledgment and acceptance by you of this Agreement and its amendments, modifications, or updates.
APPLICATION OF WEBSITE
This Agreement shall apply to all users or subscribers of and visitors to the Website, including users who contribute content, information, or other materials or services on the Website as well as Subscribers.
SUBSCRIPTION
To access certain parts of the Website, you will be required to subscribe to our services and create a GBB account, thereby becoming a GBB Customer (a “Customer”). As a Customer, you acknowledge and agree that:
(a) you will provide accurate and complete information when creating your account;
(b) you are solely responsible for any activity that occurs on your GBB account and you must keep your login information secure;
(c) when completing your assessment and making any updates to your account (including updating the initiatives you have completed) you will provide accurate and factually correct information;
(d) the amount of your annual subscription is as provided either on the “Pricing” page of the Website;
(e) we reserve the right to modify the annual subscription amount at our discretion;
(f) GBB subscriptions are for a one-year term with automatic one-year renewals unless a party notifies the other of its intent to terminate or cancel the subscription within 30 days of the expiration of any such one-year term (at the end of any one-year term, please note that the credit card we have on file for you may be billed for the following year’s annual subscription amount);
(g) as part of our efforts to ensure compliance with our services and the accuracy of information provided to us regarding the initiatives that have been completed and complied with as well as the positive environmental impact our Customers are contributing to our Planet, you may be subject to a random audit (upon reasonable notice) by one of our employees, independent contractors, or agents to verify any information you have provided us;
(h) certification and other sustainability badges issued by GBB are for ACTIVE subscriptions only. If you subscription lapses or is not renewed, any use of GBB assets and trademark material are strictly prohibited.
(i) you are subject to all of the terms and conditions of this Agreement; and
(j) we reserve the right to discontinue and/or revoke your GBB subscription as a result of (1) your breach of any of the foregoing, (2) your insolvency, bankruptcy, or assignment for the benefit of creditors, and (3) an audit that demonstrates you have provided inaccurate or incorrect information regarding the initiatives that have been completed and complied with.
Notwithstanding the foregoing, please notify us immediately of unauthorized use of your GBB account by contacting us here.
PRIVACY POLICY
We respect the privacy of the users, subscribers, customers, and visitors to the Website. To see our Privacy Policy, please click here.
COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the Website, including site design, text, graphics, images, illustrations, interfaces, and the selection and arrangements thereof is © 2009-2024 Clearyst GBB LLC d/b/a Green Business Benchmark°, with all rights reserved, or is the property of Clearyst GBB LLC d/b/a Green Business Benchmark° and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without our prior written permission is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the information contained therein without our prior written permission.
Green Business Benchmark° are proprietary marks of Clearyst GBB LLC d/b/a Green Business Benchmark° registered with the United States Patent and Trademark Office. Our trademarks, including the aforementioned, may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
All trademarks not owned by us and displayed on the Website are trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such owner. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.
MODIFICATIONS AND INTERRUPTION OF SERVICE
We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue our services and/or the Website. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to the Website, and the operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD-PARTY SITES
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site and we are not responsible therein. We encourage you to review the privacy policies of such third-party sites.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE INFORMATION AND CONTENT PROVIDED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING ALL CONTENT, DATA, OR INFORMATION DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE INFORMATION OR CONTENT OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE ESTIMATED ENVIRONMENTAL IMPACT, THE COST SAVINGS, THE EASE OF IMPLEMENTATION, AND THE OVERALL RATING SYSTEM OF INITIATIVES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE WARRANTIES MAY NOT BE APPLICABLE.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
INDEMNIFICATION
You agree to indemnify and hold us, our parent company, any subsidiaries, affiliates, managers, members, officers and/or employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Website and our services, the violation of this Agreement, or infringement by you, or other use of our services using your computer, of any intellectual property or any other right of any person or entity.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by merchants or vendors or collected from publicly available sources. While we make every effort to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Website.
We make no warranties or representations whatsoever with regard to any product provided or offered by any merchant or vendor, and you acknowledge that any reliance on representations and warranties provided by any merchant or vendor shall be at your own risk.
GOVERNING JURISDICTION/TRIAL BY JURY
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN DELAWARE, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING OR STATEMENTS (WHETHER VERBAL OR WRITTEN) RELATING TO THE FOREGOING. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS AGREEMENT.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website or our services in any way that violates applicable local, state, federal, or international laws, regulations, statutes, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or national law or regulation.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 5.12(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, we designate the following as our agent for receipt of notifications of claimed copyright infringement:
Clearyst GBB LLC, 5900 Balcones Dr, Suite 6507, Austin, TX 78731
OTHER TERMS
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a sale, merger, or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a subscriber to our services. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices.
