Quick Search
Search Green Businesses

TERMS OF USE

These Terms of Use shall govern the use of the services (the "Service") offered by WhoIsGreen.com, LLC ("WIG") at WIG’s web site, and all associated web pages, applications and services (the "Site"). Please read these Terms of Use before using the Site. Use of the Site constitutes an agreement to all terms and conditions in these Terms of Use. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or the Privacy Policy, do not use the Site or the Service. These Terms of Use are subject to change at any time, effective upon posting on the Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

General Terms

WIG is an online directory of businesses that uphold the values of sustainability.

WIG provides a searchable business directory and social networking platform for enabling the connection between individuals and businesses (collectively together with all other visitors to the Site, "Users") for the principal purpose of providing a venue for each registered business to promote their environmental consciousness. Users do hereby represent, understand and expressly agree that WIG does not have control over the quality, timing, legality or any other aspect whatsoever of the products or services actually delivered by any Users, nor of the integrity, responsibility or any of the actions whatsoever of any Users. All Users do hereby expressly agree not to hold WIG (or WIG’s members, managers, directors, agents, assigns, representatives, advertisers or employees) liable for any claims relating to or resulting from any instruction, advice, act, product, omission, or service which originated through or is otherwise relating to any content posted to the Site or any relationships or other contact initiated through the Site and WIG expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Transactions

WIG does not procure, offer, promise or attempt to secure contract for goods or services on behalf of Users, and serves only as a platform for connecting Users. WIG is not involved in transactions for goods or services to be rendered by any User to any User or any other party. If there are any issues concerning any goods or and/or services received or payment due, Users must deal directly with the other User to resolve any disputes. WIG will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to forever release and hold WIG harmless from any claim or controversy that may arise from any disputes between Users of the Site. WIG will use reasonable commercial efforts to monitor User profiles, actions, comments, and general usage of the Site and suspend privileges from any User not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any Users to WIG immediately by notifying WIG of the same via electronic correspondence at info@whoisgreen.com.

Public Areas

The Site provides a platform for Users to create profiles and to communicate with each other.  At any given time, the Site may also contain email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that WIG finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. WIG reserves the right to revoke or suspend the privilege of any User to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:

  • • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
  • • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful video, audio, topic, name, material or information.
  • • Use the Site for any purpose which is in violation of local, state, national, or international law.
  • • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • • Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.
  • • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • • Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
  • • Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
  • • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
  • • Restrict or inhibit any other User from using and enjoying the Public areas.

All videos, messages, files, photos, sounds and other materials posted by a User are the sole responsibility of such User.  WIG is not responsible for any content made available through the Site.  Users may be exposed to offensive, indecent, inaccurate, misleading, or otherwise objectionable material on the Site. Each User bears all risk associated with the use of such content. WIG does not pre-screen or approve any content provided by Users yet retains the right (but not the obligation) to remove any content from the Site.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account.  WIG has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact WIG immediately. Links (such as hyperlinks) from WIG to other sites on the Web do not constitute the endorsement by WIG of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that WIG does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) does not mean that WIG endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by WIG's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. WIG expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold WIG harmless from any liability that may result from the use of links that may appear on the Site.

COPPA Compliance

WIG is intended for people 18 or older. We have also made an effort to specifically limit the Site's appeal to people of age 18 or older. WIG will not knowingly collect any information from children under the age of 13. WIG takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, WIG does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.

Specific Terms and Conditions

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to WIG in connection with their registration for and use of the Site. WIG is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant WIG an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in WIG's Privacy Policy, any submissions to Public Areas will be public, and WIG will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Your Information

"Your Information" is defined as any information you provide to us or other Users through the Site. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to your Information, you hereby represent and warrant to WIG that your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for WIG or cause WIG to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable WIG to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. WIG will only use your Information in accordance with our Privacy Policy.

No Liability

Users agree not to hold WIG, WIG's agents and employees, officers, directors, corporate partners, or participants liable for (i) any advice or services delivered which originated through the Site or otherwise were provided by a User or (ii) for any content posted on the Site by any User. Users release WIG and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification

By agreeing to the terms of these Terms of Use, Users agree to indemnify, defend, and hold harmless WIG, its directors, managers, officers, members, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "WIG Parties") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by WIG Parties and Affiliates in connection with any claim by a third party (including, but not limited to, an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. WIG Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of WIG Parties. Users further agree to hold harmless WIG Parties and Affiliates, as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site.

Effectiveness; Termination

These Terms of Use will become effective immediately upon any use by any User of the Site. WIG may terminate a User’s membership in the Service by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, WIG may terminate a User’s membership in the Service immediately for any breach of these Terms of Use or any applicable policy of WIG as posted on the Site from time to time.  All decisions regarding the termination of accounts shall be made in the sole discretion of WIG. WIG is not required to provide any User with notice prior to terminating the User's membership. WIG is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership is terminated, these Terms of Use will remain enforceable against such terminated User. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination. 

Intellectual Property Rights

Each User agrees and acknowledges that all messages, postings, files, images, photos, video, sounds or materials posted on, linked from or transmitted through the Site by any User are the sole responsibility of such User and such User is the owner of such content and has the authority to post all such material to the Site.  Notwithstanding the foregoing, all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site that is provided by WIG is owned by WIG or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WIG owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Except as expressly provided in the Terms of Use, Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without WIG's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of WIG and/or the relevant right holder.

Notice of Trademark Rights

The service marks and trademarks WhoIsGreen.com and the WIG logo are service marks owned by WIG. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of WIG and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

Privacy

WIG's Privacy Policy located on this Site as modified by WIG from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

Copyright Complaints and Copyright Agent

WIG respects the intellectual property of others, and asks Users to do the same. WIG is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, WIG asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide WIG's Copyright Agent with the following information:

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow WIG to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and e-mail address; 5. 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. 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WIG's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, WhoIsGreen, LLC, 1330 Avenue of the Americas, 23rd Floor, New York NY 10019 U.S.A. WIG will terminate access to the Site of those who engage in repeated acts of infringement.

Limited License

WIG grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.

Modifications to the Site

WIG reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that WIG shall not be liable to User or any third party for any modification or discontinuance of the Site.

User account, password and security

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or WIG for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify WIG of any unauthorized use of Users' password or account or any other breach of security.

No Agency

Users are not legally affiliated with WIG in any way by virtue of their membership or usage of this Site  and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. WIG is not an employment service and does not serve as an employer of any User that may use this Site. WIG is only a venue for Users to either promote their business or search for businesses. As such, WIG expressly disclaims any liability that may arise between Users of its Site or between a User and any third party.

Disclaimer of Warranties

 

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER WIG NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SITE. WIG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER VLASSIFIED NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. WIG AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. WIG AND ITS AFFILIATES CANNOT AND DO NOT, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD VLASSIFIED OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. VWIG AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Limitation of Liability

Under no circumstances will WIG or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of these Terms of Use or any violation of any provision of these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or WIG may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights of property for you or WIG pending the completion of arbitration.

General Provisions

Failure by WIG to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by WIG, shall be exclusively brought in the federal, state, or local courts located in New York, New York; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and WIG with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of WIG, its successors and assigns.