TERMS OF SERVICE
Welcome to GreenTECH Lab ("GreenTECH"). GreenTECH was created by MOUSE Inc. ("MOUSE"), a non-profit company with offices at 55 Broad Street, 16th Floor, New York, NY 10004, to enable you to estimate your organization’s carbon footprint. Mouse offers GreenTECH via a website available on the Internet and through an Internet-based application, subject to the terms that follow ("Terms").
"Us", "our" or "we" means MOUSE and its successors and assigns. "You" means you, the individual accessing or using GreenTECH. If you are using an account as a student at a school or informal learning program being supervised by a professional educator, "you" means the professional educator supervising the learning program and the student using the account. By accessing or using GreenTECH, you agree to these Terms, which MOUSE may update from time-to-time.
You may not share or transfer your account or your account password or other access information with anyone. You bear sole responsibility for all use of your account and for the confidentiality of your password. You represent that all information submitted to create your account is accurate and truthful.
You will not impersonate any person or organization, including without limitation, the personnel of MOUSE or other users of GreenTECH, nor create an account for anyone other than yourself without such person’s permission. You will not misrepresent an affiliation with any person or organization.
MOUSE may cancel your account and delete all User Content (defined below) associated with your account at any time, with or without notice, at MOUSE’s sole discretion. MOUSE assumes no liability for any information removed from GreenTECH, and reserves the right to permanently restrict access to GreenTECH or to an individual account.
YOUR USE OF GreenTECH
MOUSE hereby grants you a limited, personal, revocable license to access and use GreenTECH and the software and content therein for noncommercial purposes only (for example learning, entertainment and your personal enjoyment), strictly in accordance with these Terms. If you are a student, faculty or staff member of an accredited educational institution or registered 501(c)(3) charitable organization, you will use GreenTECH for educational, noncommercial purposes only.
You will not redistribute, transmit, assign, sell, resell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer access to GreenTECH or its software or content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights in or to GreenTECH or its software or content, except as pertains to your User Content, as noted below.
You do not have any rights in GreenTECH other than those expressly granted herein, and your use of GreenTECH or contribution of User Content to GreenTECH does not create any rights in GreenTECH. MOUSE reserves all rights not expressly granted by these Terms.
GreenTECH is comprised of software code and a variety of content, such as graphics, data, audiovisual content, text, graphics (collectively, "GreenTECH Content"). As between you and MOUSE, MOUSE retains sole ownership of the GreenTECH Content, including all intellectual property rights therein and thereto. All trademarks, service marks, trade names and logos of MOUSE, such as "GreenTECH", are proprietary to MOUSE, its partners or affiliates and may not be used without our prior express written permission.
USER POSTS AND UPLOADS
You may be permitted to submit content or information through GreenTECH, such as metered energy data (collectively, "User Content"). You represent and warrant that User Content is wholly-owned by you, and that you have the right to upload that content in accordance with these Terms.
You hereby grant MOUSE an unrestricted, perpetual, royalty-free, fully transferable and sublicensable license to reproduce, prepare derivative works of, distribute, and perform and display publicly all User Content for any purpose in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment, accounting or attribution of any kind ("User Content License").
You are responsible for your User Content, and MOUSE is not responsible for the information, data, text or other materials that may appear in User Content. User Content is not necessarily reviewed by MOUSE and MOUSE makes no representations or warranties, express or implied, as to the User Content or to the accuracy or reliability of User Content.
The nature of GreenTECH is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason to or through GreenTECH will not be treated as confidential or proprietary to you. Furthermore, you acknowledge and agree that any ideas, concepts, data, procedures, methods, systems, designs, plans, charts or other materials you transmit to or through GreenTECH may be used by MOUSE anywhere, anytime, and for any reason, subject to the terms of the User Content License above.
You will not post any User Content that:
• is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing or otherwise objectionable or inappropriate;
• contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
• infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party;
• contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; or
• contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of GreenTECH or any of its feature.
MOUSE may delete any User Content in its sole discretion.
You will not:
• engage in, or encourage others to engage in, illegal or abusive conduct or activities;
• commercialize or otherwise attempt to profit from any of the content available through GreenTECH unless expressly authorized by us in writing;
• commercialize or otherwise attempt to profit from any of the User Content on GreenTECH unless expressly authorized by the owner, author or creator of such User Content; or
• engage in any activity that deliberately impedes, interferes with or otherwise interrupts the normal functioning and performance of GreenTECH.
THIRD PARTY WEBSITES
You hereby indemnify and hold harmless, and upon MOUSE’s request, will defend, MOUSE and its affiliates, parents and subsidiaries (and their respective directors, officers, staff and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees) arising out of or in connection with any claim, action or proceeding brought by a third party based on: (i) a breach of the Terms or any warranty, representation, covenant or obligation of yours under the Terms; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you, or MOUSE’s or any user’s use thereof, violates, infringes or misappropriates the rights of another party. You will reimburse MOUSE on demand for any actual payments made in resolution of any liability or claim that is subject to this indemnification, provided that MOUSE attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. MOUSE shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon MOUSE’s request. MOUSE shall have the right, at its expense, to participate in the defense thereof under your direction.
REPRESENTATIONS AND WARRANTIES
GreenTECH is provided "as is" without warranty of any kind, and MOUSE disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.
MOUSE makes no representations or warranties about GreenTECH, the reliability of the features or functionality of GreenTECH, its software or content, any User Content, or any other aspect or element of GreenTECH, and disclaims all liability in connection with your use of or inability to use GreenTECH or in the event of any service failure. Any reliance on such material or systems is at your own risk. MOUSE makes no representations or warranties regarding the amount of time that any content or User Content will be preserved on GreenTECH.
You represent and warrant that your use of GreenTECH shall be in compliance with any applicable laws, rules and regulations of any governmental authority and that you will abide by all such obligations. In connection with User Content, you affirm, represent and warrant that: (i) no User Content or any use thereof by MOUSE shall infringe upon, misappropriate or otherwise violate any rights of any third party, including without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy; (ii) you own or have the necessary licenses, rights, consents and permissions to license your User Content to MOUSE in the manner described herein; and (iii) you have the written consent, release or permission of each and every identifiable individual person in the User Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by GreenTECH and these Terms.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE GREENTECH, NOR SHALL MOUSE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND MOUSE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GREENTECH’s RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL MOUSE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No partnership is formed by these Terms or your access to or use of GreenTECH, and neither you nor MOUSE has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of New York, without resort to its conflicts of laws principles. Any dispute regarding GreenTECH or these Terms will be brought solely in state or federal court in New York County, New York State, and you will not object to such venue on grounds of convenience.
If any of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and MOUSE, and is accepted by you upon your access or use of GreenTECH. These Terms constitute the entire agreement between you and MOUSE regarding the use of GreenTECH, unless specific supplemental terms are posted for a particular area, service, feature or function of GreenTECH.
If you have questions or concerns regarding these Terms of Service, you may contact us via e-mail at:
or by postal mail at:
50 West 23rd Street
New York, NY, 10010
Last updated November 7, 2013
INFORMATION WE COLLECT<<<<<<< HEAD ======= >>>>>>> feature/curriculum
We collect information you provide when you setup an account. Accounts for GreenTECH are typically set up by an authorized representative of a learning institution (such as a public elementary school). We collect the institution's name (e.g., John C. Doe Public School, or Union City Boys and Girls Club), its city and state, and an e-mail address that belongs to either the individual who sets up the account or the institution.
The individual who sets up the account will establish an "Account ID" and password that may be used by other members of the institution who are authorized to access and use GreenTECH by that individual and the institution. We will store the Account ID and password for each institution to enable log on to GreenTECH. You remain responsible for all use of GreenTECH under the Account ID and password you are assigned. You will distribute the Account ID and password only to other users you’ve authorized to access and use your GreenTECH account.
If you are using an account as a student at an academic institution supervised by a professional educator, you will be asked to provide your initials at log on to track the adding or changing of data related to your institution’s account. In this event, the professional educator and institution represents that they have obtained parent or guardian permission for the collection of your personal information in connection with GreenTECH. We will log and store your initials and the energy usage and electronics inventory data you enter, until a user changes or deletes that data. The institution will have access to that information.
With the exception of users setting up the initial Institution Account on GreenTECH as described above, we do not we do not require other users of that to account provide us with personal information such as a real name, address or telephone number.
We do not request or knowingly collect information from persons under the age of 13.
If we do not have an e-mail address on file for your user account, you will also have the option of providing us with an e-mail address if you initiate a support request.
At any time, an individual or institution may request that your personal information be removed from our system and their account be disabled, by sending a request to firstname.lastname@example.org. If you make such a request, we will disable your account and remove the personal information from our system so that it cannot be used in the future.
INFORMATION WE TRACK<<<<<<< HEAD ======= >>>>>>> feature/curriculum
When you visit the site and use different features of GreenTECH, our automated software and tools routinely collect information for the purposes of supporting internal operations, as described below, such as IP address, browser, device type and capabilities, network, geographic location (at the city or state level) and site usage data (for example, what pages are accessed, how much time was spent on each page, etc.).
In common with many websites, GreenTECH places small files known as "cookies" on our users’ machines. Cookies allow GreenTECH to support internal site operations by providing a convenient experience for our users, keeping track of user identities as they navigate to different parts of the GreenTECH website.
For the best user experience, we recommend that you allow your web browser to accept cookies from GreenTECH. It is possible to configure your web browser not to accept cookies, but this may cause some features of GreenTECH not to work properly.
HOW WE USE THIS INFORMATION<<<<<<< HEAD ======= >>>>>>> feature/curriculum
We use the information we collect to enable GreenTECH's features, respond to your requests and provide customer service. We also use your personal information and certain non-personal GreenTECH usage data to support our internal operations, for example improving the quality and design of GreenTECH, and to create new features, promotions and services by storing, tracking and analyzing user preferences and trends.
We use your e-mail address for communications between MOUSE and you related to GreenTECH. We do not share your e-mail address with any third party, except to a third party to provide services for us or on our behalf, such a third party that performs hosting or e-mail account services for us.
If you provide us with an e-mail address for a support request, we will only use it to contact you with regard to your support request and will remove it from our system once the support issue has been resolved.
If you have provided your initials as a student at an academic institution supervised by a professional educator, your initials are stored in our system and displayed to authorized users at the institution to assist them in identifying students using GreenTECH. Your real first and last name are not used or displayed in GreenTECH or shared with any third parties.
THIRD PARTIES<<<<<<< HEAD ======= >>>>>>> feature/curriculum
We do not share your personal information with third parties, including for commercial or marketing purposes, other than with our affiliates, our contractors and service providers in order for them to perform services for or on our behalf, or where in our belief the information must be disclosed to a third party pursuant to a law, rule or regulation, such as where we receive a subpoena.
Occasionally, we may share non-personal data with third parties, such as sponsors or academic researchers who are conducting research involving GreenTECH. In these circumstances, we only share data in ways that do not result in the third parties obtaining information that will identify you personally.
Last updated November 7, 2013