TERMS OF USE AGREEMENT

Welcome to Sustainne!

The Sustainne platform is a business directory and social network dedicated to uniting, nurturing and growing a community dedicated to sustainable living (herein referred to as the Platform). Sustainne connects conscious consumers, professionals, goods and services providers, and nonprofits. Through the Sustainne platform, people can find products and services that match their values, and local businesses and organizations can network with one another to build sustainable supply chains and share initiatives.

Thanks for using our products and services (herein referred to as“Services”). The Services are provided by Sustainne, LLC (Sustainne). By using our Services, you are agreeing to these terms (herein referred to as the Agreement). Please read them carefully.

These Terms of Use sets forth the Agreement between you and Sustainne, LLC. It governs your use of the products and services (herein referred to as “Services”) we offer through our website. This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Please make sure to read this Agreement, because your use of the Sustainne platform is consent to these terms. If you do not agree to any of the terms, you should stop using the Sustainne platform.

1. Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Sustainne’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

2. Your Sustainne Account

You may need a Sustainne Account in order to use some of our Services.

Access to certain functionalities of the Sustainne platform will require you to register with us and create an account. If you register with Sustainne, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy 

To protect your Sustainne Account, keep your password confidential. You are responsible for the activity that happens on or through your Sustainne Account. Try not to reuse your Sustainne Account password on third-party applications. If you learn of any unauthorized use of your password or Sustainne Account, please notify us at support@sustainne.com  and change your password immediately.

Business Members. If you are a professional services provider, nonprofit or small to mid-size business, and you meet our other Eligibility Requirements, you may join Sustainne as a Business Member. If you do, you give us the right to list your Business Profile (herein also  referred to as Listing)  in our directory of business members, and you will be able to connect with others on the Sustainne platform and in our private business to business network while identified by your professional profile. Your professional profile is subject to our Business Profile Policy (see below)

Acceptable Use Policy. When using the Sustainne platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy (see below)

Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service if we determine you have violated Sustainne’s Terms of Service Agreement.

Refunds. Sustainne does not refund fees collected for membership and other services, unless the purchase was made in error and reported to us on the day of purchase.

Renewal.  Business memberships subscriptions are set to auto-renew by default.  Sustainne will send written notification via email to all members prior to their membership auto-renew date.

Feedback. We welcome your feedback and suggestions about how to improve the Sustainne platform. Feel free to submit feedback to team@sustainne.com. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

3. Privacy and Copyright Protection

Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Sustainne platform, you agree to accept the Privacy Policy, regardless of whether you are a registered user.

Sustainne’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Sustainne can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact us at support@sustainne.com.

4. Your Content in Our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you remains yours.

When you upload, submit, store, send or receive content to or through our Services, you give Sustainne (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a review or photo). Make sure you have the necessary rights for any content that you submit to our listing services.

Your Responsibilities for Your Content. By posting Your Content on the Sustainne platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate Sustainne’s Acceptable Use Policy (see below) or Copyright and Trademark Policy (see below) or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.

Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy or our Copyright and Trademark Policy. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, the requirements will be governed by our Review Policy (see below).

5. Modifying and Terminating Our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Sustainne may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

6. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these Terms of Use. It will hold harmless and indemnify Sustainne and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney fees.

7. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

BUSINESS PROFILE POLICY

Eligible businesses may elect to join as Business Members and create a Business Profile / Listing. Subject to the Sustainne Terms of Use, business members can use the features made available by Sustainne to promote their business on the Sustainne Platform.  

By creating a Business Profile / Listing, you acknowledge and agree to each of the following:

 1. Authorized Person. You are a principal or employee authorized to create a Business Profile for the business.

 2. The Sustainability Pledge. You acknowledge that you have read and agreed to the following Sustainability Pledge:

“I pledge to manage my business in a way that positively impacts my employees, my community and the environment. I am committed to continuously improving my key sustainability practices including those outlined below. I will eschew the Seven Sins of Greenwashing and follow the FTC Guidelines for Environmental Marketing Claims.

Key Sustainability Practices

3. Accurate Information.

        a. You will provide accurate, truthful, and complete information regarding your business, and keep all business information up to date;

        b. You will create only one Business Profile for each location of your business;

        c. You will pick only business categories that accurately describe your products and services; and

        d. Business Profiles created for business categories not supported by Sustainne may not function or may be removed without notice

 4. License Information. If your profession or business requires licensure,  you agree to provide all   licensing information necessary to advertise your business online on Sustainne.  Additionally you represent that any licensing information you provide is accurate and up to date;

 5. Affiliations, Certifications and Awards.  Sustainne enables you to display certifications, awards and your affiliation with certain trade associations relevant to your business.  You agree that you will only choose those awards and certifications that you have actually received to display on your Business Profile, and promptly remove any affiliations if no longer current.

6. Sustainne membership badges. As a Business Member or Community Partner, Sustainne enables you to display membership badges on your business website, at your place of business, or in other marketing materials.  You agree that you will display these badges in a positive manner in keeping with Sustainne’s brand image.  You agree that you will not alter the design, colors, aspect ratio or any other feature of the badge design.

7. Sustainability Icons. As a Business Member or Community Partner who has taken our Sustainability Survey, Sustainne may enable you to display Sustainability Icons on your business profile. You agree that you will complete the Sustainability Survey truthfully and only respond to those questions for which you have accurate information.

8. No Guaranteed Placements. The appearance of your Business Profile in Sustainne search results is not guaranteed and is dependent on a number of factors, including without limitation the popularity and volume of photos, reviews, and user interactions. Sustainne does not guarantee specific placements.

9. Reviews.  Customers may review your business on your Business Profile. You understand and agree that while all Reviews must follow our Review Policy4, Sustainne does not remove negative Reviews that do not violate our Review Policy.

10. Removal.  If you remove or deactivate your Business Profile, subject to applicable law any postings, reviews, photos, or comments you upload prior to deactivation may remain published on the Site after removal or deactivation.

ACCEPTABLE USE POLICY

  • As part of Sustainne’s Acceptable Use Policy, you agree not to use the information, services or any other part of the Sustainne Platform to take any action or actions that:
  • are contrary to Sustainne’s public image, goodwill or reputation; misuse our logo or member assets including badges, awards and sustainability icons
  • promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
  • infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  • restrict or inhibit any other visitor from using the Sustainne Platform, including, without limitation, by means of “hacking” or defacing any portion of the Sustainne Platform;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sustainne Platform;
  • remove any copyright, trademark, or other proprietary rights notices contained in the Sustainne Platform;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sustainne Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  • “frame” or “mirror” any part of the Sustainne Platform without our prior written authorization;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Sustainne or its licensors or suppliers;
  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Sustainne Platform or in any way reproduce or circumvent the navigational structure or presentation of the Sustainne Platform or its contents, authentication and security measures;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sustainne Platform’s servers or any data not intended for you;
  • harvest or collect information about any Sustainne Platform visitors or members without their express consent; and/or contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.

REVIEW POLICY

Sustainne may enable you to post Reviews.  Reviews are considered Your Content.

By posting a Review, you acknowledge and agree that:

  1. You are not (a) a director, employee, officer, or principal  (“Interested Party”) of the business whose products or services are the subject of the Review, (b) an Interested Party of a competitor of the business or individual whose products or services are the subject of the Review; or (c) related in any way, including by blood, adoption or marriage, to the business or individual whose products or services are the subject of the Review;
  2. Your Review is based upon your first-hand experience with the products, or business or individual whose services, are the subject of the Review;
  3. Your Review is accurate, truthful and complete;   
  4. Your Review does not violate our Acceptable Use Policy, including through libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content; as determined by Sustainne in our sole and absolute discretion;
  5. If you have received monetary compensation or other incentive to write and submit a Review, it will be clearly and conspicuously stated in the text of your Review, even if the amount or value of such incentive is small;
  6. You will not use the posting or removing of your Review to demand payment from any business or individual, except that bona fide refund requests made in connection with a bad customer experience are acceptable.   

COPYRIGHT AND TRADEMARK POLICY

Sustainne expects users of the Sustainne Platform to respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit Sustainne to use it on the Sustainne Platform.

If you infringe copyrights or other intellectual property rights of others, your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.

If you believe in good faith that materials hosted by Sustainne infringe your copyright or trademark rights, you (or your agent) may send us a notice to support@sustainne.com requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Sustainne Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Sustainne to locate the material on the Sustainne Platform; (d) information reasonably sufficient to permit Sustainne to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that Sustainne will not respond to complaints that do not meet these requirements. These requirements are guided by the U.S. Digital Millennium Copyright Act (the “DMCA“). If Sustainne determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Sustainne will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Sustainne services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to claims of copyright infringement on the Sustainne Platform must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

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