IzzitGreen Terms of Use

As of May 1, 2009

Welcome! The following terms and conditions (“Terms of Service”) govern your use of all services located under the domain izzitgreen.com (the “IzzitGreen Service”). If you have any questions or comments about these Terms of Service, please contact us. All users of the IzzitGreen Service must also abide by our Code of Conduct.

The IzzitGreen Service belongs to and is provided by Vertuous, LLC doing business as IzzitGreen (“IzzitGreen “). By using the IzzitGreen Service, you are agreeing to be legally bound by these Terms of Service. If at any time you are not willing to be bound by all of these Terms of Service, then you must not use the IzzitGreen Service.

IzzitGreen has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the IzzitGreen Service from time to time. Although IzzitGreen will use reasonable efforts to notify you of material changes affecting your use of the IzzitGreen Service when commercially practical, we reserve the right to make such changes without notice. If you continue to use the IzzitGreen Service after any such changes, with or without notice, you will be considered to have consented to them.

Your Account
  1. You must be 18 years old (or the legal age to form a binding contract in the place where you live, if that age is not 18), to agree to the Terms of Service.
  2. IzzitGreen can refuse registration of, or cancel an account in its discretion, at any time.
  3. Your account will be accessed through a user ID (your email address) and password that you will create (together, your “Credentials”). Your Credentials are solely for your personal use. You are responsible for maintaining the confidentiality of your Credentials, and you are fully and solely responsible for all activities that occur under your Credentials. It is up to you to take adequate precautions with your Credentials, and to immediately notify IzzitGreen of any unauthorized use of your Credentials.
  4. By accessing  your account through your Credentials you may access and participate in the IzzitGreen Service, including viewing, posting and responding to communications on the IzzitGreen Service.
Content and Intellectual Property
  1. You are solely responsible for any content and other material that you submit, publish or display on the IzzitGreen Service or transmit to other members and/or other website users (hereinafter, “User Content”).
  2. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or unless otherwise permitted by law. You may not submit any User Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  3. You may not provide any User Content that falsely expresses or implies that such User Content or material is sponsored or endorsed by IzzitGreen.
  4. You may not provide any User Content that is unlawful or that promotes or encourages illegal activity.
  5. You understand and agree that IzzitGreen may review and delete any product or business listings (including product name, manufacturer, seller, business name, address, phone, fax, reviews, rating, reviews) or other User Content that in the sole judgment of IzzitGreen violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety or privacy of other users or members or users of the IzzitGreen Service.  IzzitGreen reserves the right to remove any or all User Content it deems inappropriate to the co-operative community nature of the IzzitGreen Service or is otherwise not in keeping with the character and standards of the IzitGreen Service.
  6. You are solely responsible for your ratings and reviews of products, services and businesses listed on the IzzitGreen Service. IzzitGreen reserves the right, but has no obligation, to monitor disagreements or disputes between you and any entity which you have reviewed or referred to and may take action to remove some or all material relating to any such disagreement or dispute.  The IzzitGreen Service is not a forum for publicizing, or resolving individual business or other disputes.
  7. You agree that you will only provide User Content that you believe to be true and you will not purposely provide false or misleading information.
  8. By posting User Content on the IzzitGreen Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, IzzitGreen, and the users of the IzzitGreen Service an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content.  This license is non-exclusive, except that IzzitGreen shall have the exclusive right to practice this license to the extent of combining your User Content with the User Content of other IzzitGreen Service users for purposes of constructing or populating a searchable database of business reviews.
  9. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the IzzitGreen Service.  IzzitGreen reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the IzzitGreen Service and terminating the membership and Credentials of such violators or blocking your use of the IzzitGreen Service. You may not post any User Content which:
    • is false or intentionally misleading;
    • is patently offensive to users of the IzzitGreen Site, such as content or messages which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person or business;
    • involves the transmission of unsolicited mass mailing or “spamming”;
    • violates the intellectual property or other rights of any person;
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature
Code of Conduct
  1. IzzitGreen has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that in the opinion of IzzitGreen is detrimental to the quality or intended spirit of the IzzitGreen Service. IzzitGreen also has the right, but not the obligation, to limit or revoke the Credentials of anyone who posts such Content.
  2. IzzitGreen will use common sense and business sense regarding allowable content on the IzzitGreen Service. Examples of unacceptable content or behavior on the IzzitGreen Service include
    • abuse, harassment, threats, “flaming” or intimidation of any person or organization
    • engaging in or contributing to any illegal activity or activity that violates others’ rights
    • use of derogatory, discriminatory or excessively graphic language
    • providing information that is false, misleading or inaccurate whether intentionally or not
    • hacking or modifying the IzzitGreen Service
    • hacking or modifying another web site to falsely imply an association with IzzitGreen
    • implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting or concealing the extent of your affiliation or role with an affiliated company or organization
    • transmission of  worms, viruses or harmful software
    • sending unwanted messages to other users (aka Spam)
    • disclosing personal or proprietary information of another person or organization
  3. IzzitGreen cannot and need not control all content User by third parties to the IzzitGreen Service, and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the IzzitGreen Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will IzzitGreen be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your or others’ use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, character, integrity, and accuracy of such content. If you would like to report objectionable materials, you may use the “Flag for review” feature on any topic or reply. Urgent issues can be reported to support@IzzitGreen.com.
  4. Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any content that does not belong to you, other than viewing of the content on the IzzitGreen Service .
  5. You do not have any rights to the IzzitGreen Service that have not been expressly granted to you. By way of example only, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the IzzitGreen Service, and you do not have the right to index or aggregate any portion of the IzzitGreen Service (either by hand or by means of a robot, spider, or other device).
Ownership

Vertuous, LLC owns the IzzitGreen Service and the IzzitGreen web site and alla associated intellectual property, including all computer code, graphics, user interfaces and audiovisual content used to provide the IzzitGreen Service.  All IzzitGreen Service software and all content, the user interface and graphic elements are all copyrighted works of Vertuous, LLC d/b/a IzzitGreen. Various other aspects of the IzzitGreen Service may be protected by intellectual property laws including copyright, trademark, patent and trade secret laws.

Privacy Policy

Use of the IzzitGreen web site and/or the IzzitGreen Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.izzitgreen.com/izzitgreen-terms-of-use/privacy-policy/.

Copyright Dispute Policy

IzzitGreen respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Credentials and accounts of users who infringe the rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to IzzitGreen’s copyright agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the IzzitGreen Service, particularly the URL locating such allegedly infringing material;
  • your address, telephone number, and email address;
  • 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 the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

IzzitGreen’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Peter Hughes
President
Vertuous, LLC
164 Beech Street
Boston, MA 02131

By email: copyright<at>izzitgreen.com
(please indicate “Copyright Violation Notice” in the subject line)
Mark “IzzitGreen” and related marks are trademarks of Vertuous LLC.

General Terms
  1. These Terms of Service will remain in full force and effect while you use the IzzitGreen Service. Those terms that can continue to operate after you stop using the IzzitGreen Service (including without limitation your User Content license to IzzitGreen and the General Terms in this Section), will survive after you stop using the IzzitGreen Service.
  2. You agree to indemnify and hold IzzitGreen, its parents, subsidiaries, affiliates, directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the IzzitGreen Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the IzzitGreen Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
  3. THE IZZITGREEN SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE IZZITGREEN SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE IZZITGREEN SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IZZITGREEN AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, IZZITGREEN AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE IZZITGREEN SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IZZITGREEN DOES NOT WARRANT THAT THE SATISFACTION SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE IZZITGREEN SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IZZITGREEN OR THE IZZITGREEN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
  4. IZZITGREEN AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IZZITGREEN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO IZZITGREEN FOR THE IZZITGREEN SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
  5. These Terms of Use (including the Privacy Policy) are the entire agreement between IzzitGreen and you regarding the IzzitGreen Service. Any dispute arising from or related to these Terms of Use will be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Middlesex County, Massachusetts USA, and you agree to the personal jurisdiction of those courts for such purposes. The failure of IzzitGreen to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.
Contact and Violations

Please report any violation of this Agreement to our Chief Financial Officer by writing to:
Peter Hughes
President
Vertuous LLC
164 Beech Street
Boston, MA 02131
termsofuse<at>IzzitGreen.com