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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, THE LOCAL GREENIE SERVICE MADE AVAILABLE THROUGH THIS WEBSITE, OR THE CONTENT MADE AVAILABLE THROUGH SUCH SERVICE. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND LOCALGREENIE.ORG, LLC, AND IMPOSE IMPORTANT LEGAL OBLIGATIONS ON YOU PERSONALLY. YOU SHOULD NOT ENTER INTO THIS AGREEMENT UNLESS YOU FIRST UNDERSTAND AND ACCEPT EACH OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

1. Acceptance of terms of use

LocalGreenie.org, LLC (“Local Greenie”) makes available to the general public a collection of online resources at http://localgreenie.org (and its sub-domains—e.g., http://pioneervalley.localgreenie.org) (collectively, the “Website”) to help users learn about and make purchase decisions with adequate information regarding the socially responsible efforts—including environmental impact, fair trade practices, and community support—of the organizations they deal with. These resources (collectively, the “Service”) include a comprehensive directory of listing organizations (collectively, “Contributing Organizations”) (including a business description, summary of green efforts, and link to its own website), and feature articles regarding contributing organizations. The Service and your use of the Website are subject in all respects to these terms of use. By using the Service or the Website in any way, these terms of use will immediately become a legally biding and enforceable contract between you and Local Greenie, and you agree to comply with and be subject to these terms of use. Should you object to any term or condition of these terms of use, any Local Greenie policies or guidelines, or any subsequent modifications thereto or become dissatisfied with Local Greenie, the Website, or the Service in any way, your only recourse is immediately to discontinue use of the Website and the Service. Local Greenie has the right, but is not obligated, strictly to enforce these terms of use through any lawful means, including self-help, active investigation, litigation, and prosecution.

2. Modification of terms of use

Local Greenie reserves the right in its sole discretion to amend, supplement, or otherwise modify these terms of use at any time and in any manner. Any modification of these terms of use will become effective immediately upon posting on the Website. You must review these terms of use on a regular basis to keep yourself apprised of any changes.

3. Website content

All profiles, listings, articles, postings, messages, comments, reviews, ratings, text, files, images, photographs, video, sounds, or other materials or information, including all claims regarding the socially responsible or green efforts (including certifications (e.g., “certified fair trade”, “certified organic”) and business practices (e.g., “eighty percent wind-powered facility)) of any person or company (collectively, “Content”) posted on, transmitted through, or linked from the Website or the Service are the sole responsibility of the person from whom such Content originated. Local Greenie does not control, may not pre-screen or approve, is not responsible for, and makes no representation or warranty as to the accuracy, completeness, authenticity, or usefulness of any Content made available through the Service. By using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, false, misleading, or otherwise objectionable. You must independently evaluate and will bear alone all risks associated with your use of the Website and the Service and any Content made available through the Service. Local Greenie has the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content made available through the Service at any time and for any reason or no reason.

Under no circumstances will Local Greenie be liable to you in any way for any loss or damage of any kind, nature, or description whatsoever that you may incur as a result of your use of the Website or the Service or any Content made available through the Service.

4. Third-party content, websites, and services

The Website and the Service and the Content made available through the Service may contain links to websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, services, and other things accessible through the internet that are independent of Local Greenie. Local Greenie makes no representation or warranty of any kind, nature, or description whatsoever (including as to the accuracy, completeness, authenticity, or usefulness of any information obtained by following any such link) wish respect to any such things. You follow any such links at your own risk and any interaction, relationship, or transaction between you and any person or entity (including any contributing organization) other than Local Greenie found on or through the Website or the Service or any Content made available through the Service is solely between you and any such person or entity (including any contributing organization). You should make whatever investigation you feel necessary, appropriate, or desirable before proceeding with any online or offline interaction, relationship, or transaction with any such person or entity (including any contributing organization). Under no circumstances will Local Greenie be liable to you in any way for any loss or damage of any kind, nature, or description whatsoever that you may incur as a result of any such dealings.

If there is a dispute between users of the Website or the Service, or between users of the Website or the Service and any third party (including any contributing organization), Local Greenie is under no obligation to become involved. You release Local Greenie (and its officers, employees, agents, and successors) from all claims, demands, losses, and damages (actual and consequential) of any kind, nature, or description whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any such dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

5. Privacy and information disclosure

Local Greenie has established a privacy policy to explain to users how their information is collected and used. You can access Local Greenie’s privacy policy at http://localgreenie.org/index.php/privacy-policy.

By using the Service or the Website in any way, you agree to the terms of Local Greenie’s privacy policy. Local Greenie may in its sole discretion preserve or disclose your Content and any other information of or about you (e.g., e-mail addresses, IP addresses, timestamps, and other user information) that is in Local Greenie’s possession or under its control, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms of use; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to claims that contact information (e.g., phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; or (v) protect the rights, property, or personal safety of Local Greenie, its employees or users, or the general public.

6. Conduct

a. Posting content

You will not to post, e-mail, or otherwise make available on or through the Website or the Service any Content that:

i. is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

ii. is pornographic or depicts a human being engaged in actual sexual conduct;

iii. harasses, degrades, intimidates, or is hateful toward any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iv. violates any federal, state, or local law, rule, or regulation;

v. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with any person or entity (other than Content that constitutes lawful non-deceptive parody of public figures);

vi. includes personal or identifying information about another person without that person’s explicit consent;

vii. is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

viii. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity, or you do not have a right under any law or under contractual or fiduciary relationships to make publicly available;

ix. constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

x. includes links to commercial services or web sites, except as allowed in “services”;

xi. advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;

xii. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

xiii. disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;

xiv. employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content made available through the Service; or

xv. is non-local or otherwise irrelevant; is the same or similar to other Content that you have previously posted; or otherwise imposes an unreasonable or disproportionately large load on Local Greenie’s infrastructure.

b. Interaction with other users

You will not through the Website or the Service or using any information you may obtain through the Website or the Service:

i. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

ii. “stalk” or otherwise harass anyone;

iii. collect personal data about other users for commercial or unlawful purposes;

c. Use of automated tools

You will not:

i. use automated means, including spiders, robots, crawlers, scrapers, data mining tools, or the like to download data from the Service, except as otherwise expressly authorized by Local Greenie;

ii. attempt to gain unauthorized access to Local Greenie’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Local Greenie website; or

iii. use any form of automated device or computer program that enables the submission of postings on Local Greenie without each posting being manually entered by the author thereof (an “automated posting device”), including the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or

iv. use any form of automated device or computer program (“flagging tool”) that enables the use of Local Greenie’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these terms of use.

7. No spam policy

Sending unsolicited e-mail advertisements to Local Greenie e-mail addresses, or through Local Greenie computer systems, is strictly prohibited and may use or cause to be used servers located in Massachusetts. Any unauthorized use of Local Greenie computer systems is a violation of these terms of use and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.). Any such violation may subject the sender and his or her agents to civil and criminal penalties.

8. Limitations on service

Local Greenie may establish limits concerning use of the Website or the Service or any Content made available through the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. Local Greenie has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Local Greenie reserves the right at any time and in its sole discretion to modify or discontinue the Service (or any part thereof) with or without notice. Local Greenie will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

9. Access to the service

Local Greenie grants you a limited, revocable, nonexclusive license to access the Website and the Service and the Content made available through the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display, or derivative use of the Service, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, except to the extent expressly agreed by Local Greenie in writing. A limited exception to the immediately preceding sentence is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website or the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Local Greenie’s robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings, or which is in the business of providing classified ad listing services.

You may display on your website, or create a hyperlink on your website to, individual postings on the Website or the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds thirty postings, your use will be presumed to be in violation of these terms of use, absent express permission granted by Local Greenie to do so. You may also create a hyperlink to the home page of the Website so long as the link does not portray Local Greenie, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Any use of the Website or the Service or any Content made available through the Service beyond the scope authorized above will immediately and automatically terminate the above-granted permissions and licenses. If you wish to collect, aggregate, copy, duplicate, display, or make derivative use of the Website or the Service or any Content made available through the Service for any other purpose (including commercial purposes) not stated in this section, you must first obtain a license from Local Greenie.

10. Termination of service

Local Greenie has the right (but not the obligation) in its sole discretion to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Website or the Service (or any part thereof) immediately and without notice, and to remove and discard any Content made available through the Service, for any reason or no reason, including if Local Greenie believes that you have acted inconsistently with the letter or spirit of these terms of use. Local Greenie will not be liable to you or any third-party for any termination of your access to the Website or the Service. You will not to attempt to use the Website or the Service after any such termination. Sections Termination of service (“Termination of service”), Customer service monitoring (“Customer service monitoring”), Proprietary rights (“Proprietary rights”), Disclaimer of warranties (“Disclaimer of warranties”), Limitations of liability (“Limitations of liability”), Violation of terms of use; liquidated damages (“Violation of terms of use; liquidated damages”), Indemnity (“Indemnity”), Force majeure (“Force majeure”), No fiduciary relationship (“No fiduciary relationship”), Entire agreement (“Entire agreement”), Governing law; submission to jurisdiction (“Governing law; submission to jurisdiction”), Notices (“Notices”), No waiver (“No waiver”), Severability (“Severability”), and Limitation of time to bring claims (“Limitation of time to bring claims”) of these terms of use will survive any termination of your access to or use of the Website or the Service (or any part thereof) or these terms of use.

11. Customer service monitoring

Local Greenie may record and monitor conversations between you and Local Greenie’s customer service representatives to maintain or improve the quality of the Service, for user issue resolution, for training purposes, or to promote and provide the Service. Please note that Local Greenie’s customer service representatives may also remain on the line if they conference in a third party to assist in completing a service request. Local Greenie may also randomly monitor your interactions with Local Greenie’s automated services for quality improvement purposes.

12. Proprietary rights

The Website and the Service are protected to the maximum extent permitted by copyright laws and international treaties or conventions. The Content displayed on or through the Service is protected by copyright as a collective work or compilation or both (the “Collective Work”) pursuant to copyrights laws and international treaties or conventions. You will not copy, duplicate, reproduce, modify, create of derivative works from, or redistribute the Website or the Collective Work without the express written agreement of Local Greenie. You will not copy, duplicate, or reproduce all or any portion of the Website or the Collective Work to any other server or location for further copying, duplication, reproduction, or redistribution without the express written agreement of Local Greenie. You will not copy, duplicate, or reproduce any Content without the express written agreement of Local Greenie. You will abide by all copyright notices displayed on the Website or the Service or any Content made available through the Service. You will not decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code contained on the Website or the Service or any Content made available through the Service. Without limiting the foregoing, you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. “Local Greenie” is a trademark of LocalGreenie.org, LLC registered with the United States Patent and Trademark Office.

Local Greenie does not claim ownership of Content that its users post to the Website and make available through the Service. However, by posting Content to any public area of the Website or the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Local Greenie an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website or the Service, you automatically grant Local Greenie all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any person or for any purpose.

13. Notification of claims of infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify Local Greenie by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please provide in any such notice the following:

a. The identity of the material on the Website or the Service that you claim is infringing, with enough detail so that we can locate it;

b. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;

c. A statement by you declaring under penalty of perjury that: (i) the above information in your notice is accurate; and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner;

d. Your address, telephone number, and e-mail address; and

e. Your physical or electronic signature.

Local Greenie will remove the infringing posting, subject to the procedures outlined in the Digital Millennium Copyright Act.

14. Disclaimer of warranties

Your use of the Website and the Service and any Content made available through the Service is entirely at your own risk. Local Greenie cannot and does not promise uninterrupted or problem-free service, and cannot and does not promise that Content made available to you will be error-free. The Website and the Service and any Content made available through the Service are provided on an “as is” or “as available” basis, without any warranties of any kind, nature, or description whatsoever. All express and implied warranties, including warranties of content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Local Greenie disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Website and the Service and any Content made available through the Service. To the fullest extent permitted by law, Local Greenie disclaims any warranties for other goods or services (including goods or services provided by any contributing organization) received through or advertised on the Website or the Service or any Content made available through the Service, or accessed through any links contained in the Website or the Service or any Content made available through the Service. To the fullest extent permitted by law, Local Greenie disclaims any warranties for viruses or other harmful components in connection with the Website or the Service or any Content made available through the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers will not apply to you insofar as they relate to implied warranties.

15. Limitations of liability

Under no circumstances will Local Greenie be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, nature, or description whatsoever (even if Local Greenie has been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the Service or any Content made available through the Service, whether any such damages arise from use or misuse of the Website or the Service or any Content made available through the Service, from inability to use the Website or the Service or any Content made available through the Service, or from any interruption, suspension, modification, alteration, or termination of the Website or the Service or any Content made available through the Service. Such limitations also apply with respect to damages incurred by reason of any product, service, information, or advice (including any product, service, information, or advice of any contributing organization) received through or advertised in connection with the Website or the Service or any links on the Website. Without limiting the generality of the foregoing, under no circumstances will Local Greenie be liable to you or any other person for any action or omission by any contributing organization or any Content made available through the Service or for any interaction, relationship, or transaction between you and any person or entity (including any contributing organization) other than Local Greenie found on or through the Website or the Service or any Content made available through the Service. You will not make, and you waive to the fullest extent allowed by law, any claim for any of the damages referred to above. In the event any portion of your waiver and covenant in the immediately preceding sentence is unenforceable, Local Greenie’s maximum liability to you under any theory (including fraud, misrepresentation, breach of contract, personal injury, or products liability) for any claims arising under these terms of use or relating in any way to the Website or the Service or any Content made available through the Service is limited to $300.00. The above limitations of liability apply not only to you, but to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or anyone else. The above limitations of liability will apply to the fullest extent permitted by law. In some jurisdictions, some limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation will not apply to you.

16. Violation of terms of use; liquidated damages

Please report any violation of these terms of use by flagging the relevant posting for review or by e-mailing Local Greenie at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Local Greenie’s failure to act with respect to any violation of these terms of use by you or any other person does not waive Local Greenie’s right to act with respect to subsequent or similar breaches.

Because actual damages are often difficult to quantify, if it becomes necessary for Local Greenie to pursue legal action to enforce these terms of use against you, you will be liable to pay Local Greenie the following amounts as liquidated damages, which you accept as reasonable estimates of Local Greenie’s damages for the specified breaches of these terms of use:

a. If you post any message that: (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with any person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Local Greenie $1,000.00 for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Local Greenie establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Local Greenie $100.00 for each message posted in excess of such limits or for each day on which you access Local Greenie in excess of such limits, whichever is higher.

c. If you send any unsolicited e-mail advertisement to any Local Greenie e-mail address or through any Local Greenie computer system, you agree to pay Local Greenie $25.00 for each such e-mail.

d. If you post Content in violation of these terms of use, other than as described above, you agree to pay Local Greenie $100.00 for each item of Content posted. Local Greenie may in its sole discretion elect to issue a warning before assessing damages.

e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these terms of use without Local Greenie’s express written permission, you agree to pay Local Greenie $3,000.00 for each day on which you engage in such conduct.

Except as provided above, you agree to pay Local Greenie’s actual damages incurred by Local Greenie as a result of violation by you violation of these terms of use, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms of use, Local Greenie retains the right to seek the remedy of specific performance of any term contained in these terms of use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms of use, or any combination thereof.

17. Indemnity

You will indemnify and hold Local Greenie (and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees) harmless from any claim, demand, loss, or damages, including reasonable attorney fees and court costs, made or suffered by any third party due to or arising out of: (i) any Content you submit to, post on, or make available through the Service; (ii) your use of the Website or the Service; (iii) your violation of these terms of use, including your breach of any of representation, warranty, covenant, or agreement contained in these terms of use (including your covenant in Section Limitations of liability (“Limitations of liability) not to make any claim for and to waive the damages referred to in that section); or (iv) your violation of any law or any right of any other person or entity.

18. Force majeure

Notwithstanding anything else in these terms of use, you excuse any non-performance by Local Greenie or any contributing organization caused in whole or in part by any act or omission of any third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of Local Greenie or any contributing organization.

19. No fiduciary relationship

These terms of use do not create any fiduciary relationship between you and Local Greenie; nor do they create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Local Greenie.

20. Entire agreement

These terms of use constitute the entire agreement between you and Local Greenie and govern your use of the Website and the Service, superseding any prior agreements between you and Local Greenie.

21. Governing law; submission to jurisdiction

These terms of use and the relationship between you and Local Greenie will be governed by the laws of the Commonwealth of Massachusetts. You and Local Greenie agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hampshire in the Commonwealth of Massachusetts.

22. Notices

Any notice from you required by this agreement must be in writing and will be considered given when Local Greenie receives it at LocalGreenie.org, LLC, 35 Triangle Street, Amherst, Massachusetts 01002. Any notice from Local Greenie required by this agreement must be in writing and will be considered given when Local Greenie sends it by email to any email address you have provided to Local Greenie, or two days after Local Greenie mails it to you at the most current mailing address Local Greenie has on file for you.

23. No waiver

The failure of Local Greenie to exercise or enforce any right or provision of these terms of use will not constitute a waiver of such right or provision.

24. Severability

If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use will remain in full force and effect.

25. Limitation of time to bring claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Service or these terms of use must be filed within one year after such claim or cause of action arose or it will forever be barred.

26. Additional terms—policies and guidelines

Local Greenie may establish from time to time in its sole discretion specific policies and guidelines applicable to all or any part of the Website or the Service. Such policies and guidelines are incorporated into and made a part of these terms of use to the same extent as if set forth in full in these terms of use. Local Greenie may amend, supplement, or otherwise modify any such policy or guideline at any time in its sole discretion. Any such modification will take effect immediately when posted on the Website.

27. Feedback

Local Greenie welcomes your questions and comments with respect to these terms of use. You may provide your feedback to Local Greenie by e-mail addressed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 


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