Legal Disclaimer


Terms of use and service for Web site


Welcome to www.GoGreenVA.org (GoGreenVA.org).

GoGreenVA.org supports freedom of speech, both on and off the Internet. The goal of this Web site, however, is to provide access to information. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of GoGreenVA.org, users (Users) agree to be legally bound and to abide by the terms set forth below. GoGreenVA.org is owned and operated by the Virginia Municipal League, an unincorporated association (VML).

I. TRADEMARKS
GoGreenVA.org is a service mark of VML. All rights reserved. These and other GoGreenVA.org graphics, logos and service marks and trademarks of VML may not be used without prior written consent of VML. All other trademarks, product names, and company names and logos appearing on GoGreenVA.org are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of GoGreenVA.org is at User's sole risk. Neither VML nor its officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that GoGreenVA.org will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of GoGreenVA.org, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through GoGreenVA.org.

THIS SITE IS PROVIDED BY GoGreenVA.org ON AN "AS IS" AND "AS AVAILABLE" BASIS. VML MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VML DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VML WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VML, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstance shall VML or any other party involved in creating, producing, or distributing GoGreenVA.org be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use GoGreenVA.org, including but not limited to reliance by User on any information obtained from GoGreenVA.org or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to GoGreenVA.org's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through GoGreenVA.org. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

A. PROPRIETARY RIGHTS
User acknowledges that GoGreenVA.org contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are or may be protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and VML owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III (A) above, User may upload to or otherwise distribute on GoGreenVA.org only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither VML, its officers, directors, employees, agents or providers will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to GoGreenVA.org at the following e-mail address: mflynn@vml.org. By submitting Content to any User submit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted GoGreenVA.org the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on GoGreenVA.org retains any and all rights which may exist in such Content.

C. THIRD-PARTY CONTENT
GoGreenVA.org is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of GoGreenVA.org, are those of the respective authors or distributors and not of VML, its officers, directors, employees or agents. Neither VML nor its officers, directors, employees or agents, nor any third party, including any Provider, or any other User of GoGreenVA.org, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through GoGreenVA.org represents the opinions and judgments of the respective Provider, or User not under contract with GoGreenVA.org. VML neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on GoGreenVA.org by anyone other than authorized employees. Under no circumstances shall VML or its officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through GoGreenVA.org. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through GoGreenVA.org.

D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from GoGreenVA.org to either a foreign national or a foreign destination in violation of such laws.

IV. ONLINE CONDUCT
User agrees to use GoGreenVA.org only for lawful purposes. User is prohibited from posting on or transmitting through GoGreenVA.org any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If GoGreenVA.org is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), GoGreenVA.org may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from GoGreenVA.org. GoGreenVA.org may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate GoGreenVA.org; or (iii) to protect the rights or property of GoGreenVA.org, its Users or Providers. GoGreenVA.org reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, GoGreenVA.org, the communities that make up GoGreenVA.org, or any rights of GoGreenVA.org or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither GoGreenVA.org nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither VML, its officers, directors, employees nor agents or Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on GoGreenVA.org.

V. PRIVACY POLICY
In accordance with the terms of GoGreenVA.org's Privacy Policy, GoGreenVA.org respects the privacy of its Users.

VI. TERMINATION OF USAGE
GoGreenVA.org may terminate User's access, or suspend User's access to all or part of GoGreenVA.org, without notice, for any conduct that GoGreenVA.org, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or GoGreenVA.org.

VII. USAGE BY CHILDREN UNDER 13
GoGreenVA.org cannot prohibit minors from visiting this site. GoGreenVA.org must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view.

VIII. APPLICABLE LAW
This site is created and controlled by VML in the State of Virginia. As such, the laws of the State of Virginia will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. VML reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Virginia and of the United States of America located in the State of Virginia for any litigation arising out of or relating to use of or purchase made through GoGreenVA.org and agrees not to commence any litigation relating thereto except in such courts, waives any objection to the laying of venue of any such litigation in the courts of the State of Virginia.

IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represent the entire understanding between you and GoGreenVA.org regarding your relationship with VML and GoGreenVA.org and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the GoGreenVA.org Web site. The aforementioned Terms of Use and Service are subject to change.

Privacy Policy for Web site

GoGreenVA.org has adopted a set of information management guidelines, which serve as the basis for our customer and advertiser relationships. These guidelines disclose the privacy policies for our Web site. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page. GoGreenVA.org is not responsible for the content or the privacy policies of Web sites to which it may link.

What information does GoGreenVA.org gather and/or track about you?

Registration. When you register to receive services from GoGreenVA.org, we require that you supply your full name, e-mail address, and demographic information (for example, your age, sex, and the city in which you work). Customers who register must agree to the Terms and Conditions of Use for use of the relevant service and/or the GoGreenVA.org Web site.

Similarly, when you register to receive services on GoGreenVA.org, GoGreenVA.org may require that you supply your full name, street address, telephone number, e-mail address, and a unique subscriber ID.

Persons who register must agree to the Terms and Conditions of Use for use of the relevant service and/or the GoGreenVA.org Web site.

Anonymous Information. GoGreenVA.org may also gather anonymous information, which may be used by GoGreenVA.org or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services we offer. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.

Cookies. GoGreenVA.org may employ cookies to recognize you and your access privileges on the Web site, as well as to track site usage. Users who do not accept cookies from the domain (e.g. "GoGreenVA.org ") cannot access most areas of the GoGreenVA.org Web site.

IP Addresses. GoGreenVA.org also logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet). We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable.

What does GoGreenVA.org do with the information it gathers and/or tracks?

Statistical Analysis. GoGreenVA.org may perform statistical analyses of user behavior in order to measure interest in the various areas of our site. In this statistical analysis we will disclose information to third parties only in aggregate form. Personal information about you as an individual subscriber or registrant will not be provided to any third party, except when we have your permission or under special circumstances, as described in our Terms and Conditions of Use.

E-mail. Using the e-mail addresses provided at registration, GoGreenVA.org may send promotional email to its subscribers about services offered by GoGreenVA.org. GoGreenVA.org may contact you regarding account status, changes to the subscriber agreement, and to confirm registration. If you prefer not to receive promotional e-mails from GoGreenVA.org group, please see the "Opting Out" provision below.

Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online.

With whom does GoGreenVA.org share the information it gathers and/or tracks?

GoGreenVA.org does not release personal information about you as an individual to third parties, except when we have your permission or under special circumstances, as described in our Terms and Conditions of Use. GoGreenVA.org will provide you all of your personal information provided at registration upon request. This information will only be sent to the email address on file for the subscriber ID associated with it.

Discussion Groups. GoGreenVA.org's Web site may offer a variety of discussion groups, chat areas, bulletin boards, and message boards (collectively, boards). These boards are freely accessible to anyone. These guidelines do not cover the transfer of information in this context. Any information you disclose when posting a message in a board becomes public. Moreover, users who post messages in a board make their e-mail addresses available to others, which could result in unsolicited email from other users or third parties. You should always be careful when distributing your personal information in this manner.

If you choose to participate or post messages in GoGreenVA.org's boards, we will collect such information about you as you choose to disclose.

The boards may be used only for noncommercial purposes. You may not post any material concerning promotion, advertising or solicitation for goods or services. From time to time the boards may be monitored by GoGreenVA.org in order to maintain professional decorum and to prevent prohibited uses of the boards. GoGreenVA.org reserves the right to remove any material, message or discussion thread that is, in the sole judgment of GoGreenVA.org, inappropriate. For more information about the boards, please review our Terms and Conditions of Use or contact GoGreenVA.org by e-mail.

A Special Note About Children.
Children are not eligible to use GoGreenVA.org's services, and we ask that minors not submit any personal information to us. If you are a minor, you may use this service only in conjunction with a parent or guardian.

Opting-Out, Corrections and Cancellations.
Upon request, GoGreenVA.org will: (a) remove you and your personal information from our database, thereby canceling your registration; (b) correct personal information that you state is erroneous; or (c) permit you to "opt out" of further e-mail contact (except notification of major changes to the service) while still allowing access to the site. To request a correction or cancellation, contact Mr. David Parsons at dparsons@vml.org.

 
 
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