Terms of Use

Effective September 2014.

Green Schools, Inc. is a multiple award-winning 501(c)3 nonprofit organization based in Massachusetts. We develop and distribute resources that help students, schools, and communities engage the next generation of environmental leaders. This website is owned and operated Green Schools, Inc. headquartered in Mansfield, Massachusetts. The services offered by Green Schools include the www.projectgreenschools.org and www.ngss.orgwebsite (“www.projectgreenschools.org” or “Site”) and any other features, content, or applications offered from time to time by Green Schools or NGSS in connection with the www.projectgreenschools.org or www.ngss.org website (collectively, the “Green Schools Service”), including the National Green Schools Society program.

1. Acceptance of Terms

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Green Schools Service. By using the Green Schools Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered for membership with www.projectgreenschools.org). The term “User” refers to a Visitor or a Member. You are only authorized to use the Green Schools Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Green Schools may modify this Agreement from time to time and such modification shall be effective upon posting by Green Schools on the Site. You can review the most current version of this Agreement at any time at: www.projectgreenschools.org/termsandconditions. In addition, in order to participate in certain Green Schools services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. All such additional terms and conditions are hereby incorporated by reference into this Agreement.

2. Description of Services

The www.projectgreenschools.org website currently allows Green Schools members to share their experiences and get ideas for activities and projects. Any additional or new features of the Green Schools Service, shall be subject to this Agreement.

3. Eligibility

Use of and Membership in the Green Schools Service is void where prohibited. By using the Green Schools Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Green Schools Service does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or Green Schools has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Green Schools has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Member Account, Password, and Security

You select a username and password as part of the Service’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Green Schools of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Green Schools cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

5. Non-Commercial Use

The Green Schools Service is for the personal use of Members and Visitors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Green Schools. Illegal and/or unauthorized use of the Green Schools Service is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Green Schools Service.

6. Content Posted

Green Schools may delete any Content that in the sole judgment of Green Schools violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Green Schools assumes no responsibility for monitoring the Green Schools Service for inappropriate Content or conduct. If at any time Green Schools chooses, in its sole discretion, to monitor the Green Schools Service, Green Schools nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through the Green Schools Service, and any material or information that you transmit to other Members and for your interactions with other Users. Green Schools does not endorse and has no control over the Content. Content is not necessarily reviewed by Green Schools prior to posting and does not necessarily reflect the opinions or policies of Green Schools. Green Schools makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that Green Schools may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Green Schools, our members, or the public.

7. Proprietary Rights in Content Submitted to Green Schools

Green Schools does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Green Schools Service. After posting your Content to the Green Schools Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Green Schools Service, you hereby grant to Green Schools a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

The license you grant to Green Schools is non-exclusive (meaning you are free to license your Content to anyone else in addition to Green Schools), fully-paid and royalty-free (meaning that Green Schools is not required to pay you for the use on the Green Schools Service of the Content that you post), sub-licensable (so that Green Schools is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Green Schools Service), and worldwide (because the Internet and the Green Schools Service are global in reach).

The Green Schools Service contains Content of Green Schools (“Green Schools Content”). Green Schools Content is protected by copyright, trademark, patent, trade secret and other laws, and Green Schools owns and retains all rights in the Green Schools Content and the Green Schools Service. Green Schools hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Green Schools Content (excluding any software code) solely for your personal use in connection with viewing the www.projectgreenschools.org website and using the Green Schools Service.

The Green Schools Service contains Content of Users and other Green Schools licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Green Schools Service.

8. Content/Activity Prohibited

You agree to not use the Green Schools Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm other members in any way;
• impersonate any person or entity, including, but not limited to, a Green Schools staff member or group member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• use blanket or mass messages to reach unreasonably large numbers of groups;
• advertise to or solicit funds from any Member or group;
• upload, post, email, transmit or otherwise make available any material that 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;
• interfere with or disrupt the Green Schools Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• “stalk” or otherwise harass another; or
• collect or store personal data about other users.

9. Privacy

Use of the Green Schools Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

10. International Use and Export Controls

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. Indemnity

You agree to indemnify and hold Green Schools, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Green Schools Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the www.projectgreenschools.org Website or through the Green Schools Service causes Green Schools to be liable to another.

12. Links

Green Schools may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Green Schools has no control over such sites and resources, you acknowledge and agree that Green Schools is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Green Schools 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. Disputes

This Agreement constitutes the entire agreement between you and Green Schools, and govern your use of the Service, superseding any prior agreements between you and Green Schools. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If there is any dispute about or involving the Green Schools Service, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts, City of Boston.

14. Modifications to Service

Green Schools reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Green Schools shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. Termination

You agree that Green Schools, in its sole discretion, may terminate your membership or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Green Schools believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Green Schools may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Green Schools may immediately deactivate or delete your membership and all related information in your account and/or bar any further access to the Service. Further, you agree that Green Schools shall not be liable to you or any third-party for any termination of your access to the Service.

16. Disclaimers

Green Schools, Inc. is not responsible for any incorrect or inaccurate Content posted on the www.projectgreenschools.org Website or in connection with the Green Schools Service, whether caused by Users of the Green Schools Service or by any of the equipment or programming associated with or utilized in the Green Schools Service. Green Schools is not responsible for the conduct, whether online or offline, of any User of the Green Schools Service. Green Schools assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Green Schools is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Green Schools Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Green Schools Service. Under no circumstances shall Green Schools be responsible for any loss or damage, including personal injury or death, resulting from use of the Green Schools Service, attendance at a Green Schools event, from any Content posted on or through the Green Schools Service, or from the conduct of any Users of the Green Schools Service, whether online or offline. The Green Schools Service is provided “AS-IS” and as available and Green Schools expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Green Schools cannot guarantee and does not promise any specific results from use of the Green Schools Service.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL IN NO EVENT SHALL GREEN SCHOOLS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREEN SCHOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. Other

This Agreement is accepted upon your use of the www.projectgreenschools.org Website and/or the Green Schools Service. This Agreement constitutes the entire agreement between you and Green Schools and governs your use of the Service, superseding any prior agreements between you and Green Schools. The failure of Green Schools to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

19. Violations

If you become aware of misuse of the Green Schools Service by any person, please contact Green Schools at info@projectgreenschools.org.