Terms of Use Agreement

Welcome to www.greenjobsnow.com, operated by Green For All, 1Sky and The We Campaign (collectively “The Campaign” or “We” or “Us”). Our Services include our website, www.greenjobsnow.com (the “Site”), www.greenforall.org, www.1sky.org, www.wecansolveit.org, and our materials, other features, content and functionality offered by Us from time to time in connection with our websites. 

These Terms of Use (the “Agreement”) outline the terms under which you may use the Site. This Agreement includes The Campaign’s Acceptable Use Policy for any and all content posted on the Site, The Campaign’s Privacy Policy, and any notices regarding the Site.  

If you wish to become a Member of our Site by signing up to receive updates, interact with other members, to host or attend an event or otherwise participate in a campaign, and make use of services offered by the Site (the “Services”), read this Agreement and Privacy Policy carefully, please.  You must accept the terms listed in this Agreement in order to become a Member.  If you have questions about this Agreement or our Privacy Policy, please contact us at:

Green Jobs Now
c/o Green For All
1611 Telegraph Avenue, Suite 600
Oakland, California   94612

This Site is currently for use in the United States.

WHAT YOU SHOULD KNOW

By using and/or visiting our Site, whether or not you register as a member (“Member”) you are agreeing to a bunch of things (this is the heavy legal part). You: (1) agree to be bound by this Agreement; (2) agree to our Privacy Policy, which is located at http://www.greenjobsnow.com/privacy and is incorporated here by reference; and (3) agree to be bound by other legal notices that may be posted on the Site from time to time.  The legally binding terms of these documents set out your rights, obligations and restrictions regarding your use of our Site.  If you’re not willing to abide by our terms (and your company manners), then please visit another site.

By the way, check back often.  This is a new venture and we may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site.  Your use of our Site after a change has been posted signifies your agreement to any such changes.  You should review this Agreement periodically to make sure you are up to date on any changes.

THIS AGREEMENT WAS LAST UPDATED ON:  September 1, 2008

STUFF ON OUR SITE

We have information, reports, case studies, brochures, essays and other educational resources (collectively, “Materials”) that we want you to use for the purpose of benefiting our progressive agenda.  Really, we do.  This information has been provided pursuant to a Creative Commons license.  Please read the terms of the license before you use information on our Site.  

If you are asked or choose to contribute your own materials or content to this site, you must also contribute it pursuant to a Creative Commons license.  In order to participate in certain Services you may be required to download content (like posters), software, and/or required to agree to additional terms and conditions.  Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. 

GENERAL TERMS

Use Common Sense and Company Manners

Regardless of why you’re here, we ask that you be respectful and kind.  We understand that you may have strong feelings about the environment, but please leave the flaming retorts to the talk shows.

A “Visitor” is someone who is browsing through the Site.  A “Member” is someone who has registered with the Site and/or signed up to receive information.  Valid and accurate completion of the registration process leads to “Membership.”  Visitors and Members are referred to collectively as “Users.”  

Give careful thought to the information you post about yourself in your profile on Our Site, since you may be choosing to share it with other Users.  Certain information may never be included in your Member profile, specifically telephone numbers, street addresses, and last names. 

REGISTRATION PROCESS

During the registration process, you will be prompted to provide personal information that allows Us to know who you are, such as your full name, age, street address, email address and/or phone number (“Registration Information”).  

During the registration process you will also be asked to choose a password and user name. You are entirely responsible for maintaining the security of your password.  You agree not to use another Member’s account or password at any time, or to disclose your password to any third party.  You agree to notify Us immediately if you suspect any unauthorized use of your Membership or access to your password.  You should never respond to an online request for a password other than in connection with the log-on process for the Site.  Your disclosure of your password to any other person is entirely at your own risk.  Although The Campaign will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

By using the Site, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of the Site does not violate any applicable law or regulation.

You authorize The Campaign to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information.  The Campaign reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that The Campaign cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any User. 

If you are 18 years of age or older, you may register as a Member and use the Site and the Services.  By registering as a Member and using Our Services, you affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement,

The Site is not intended for individuals under 18.  If you are under 18 years of age, please do not use our Site.  Although we cannot absolutely control whether minors gain unauthorized access to our Site, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

HOSTING AND ATTENDING EVENTS

Members may sign up to host and/or attend community events that are, in the Campaign’s sole and exclusive discretion, consistent with its goals and objectives (the “Community Event(s)”).  When signing up to host a Community Event, the event host (the “Host”) will be prompted to provide personal information about the Host, including full name, street address, email address, phone number, organization/affiliation, and telephone number (the “Host Information”).  The Campaign reserves the right to refuse and/or remove any Community Event posting that it, in its sole discretion, deems inappropriate and/or objectionable. 

Members may also RSVP to attend Community Events. When submitting an RSVP you will be prompted to provide personal information, including your full name, email address, telephone number, and zip code (the “Attendee Information”). 

The Campaign reserves the right to use the Host Information and/or Attendee Information for action requests, solicitations, or information alerts. 

NON-COMMERCIAL USE

The Campaign Site is for the personal use of Members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.  Illegal and/or unauthorized use of the Site, including collecting User Names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, may result in termination of your Membership.  Commercial advertisements’ affiliate links, and other forms of solicitation may be removed from the Site and/or from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.  

PROHIBITED CONTENT 

Be guided by your good intentions. 

The Campaign shall have the right to refuse or remove any Content that it deems inappropriate and/or in violation of the terms of this Agreement.   The following is a partial list of the kind of Content prohibited by this Site, regardless of whether such Content is illegal.  By way of illustration, but not limitation, you may not take any action or upload, post, e-mail, link or otherwise transmit or create any Content that, within The Campaign’s sole discretion: 

• infringes upon or violate any third party rights, including intellectual property rights, privacy rights or publicity rights of others, including posting or providing links to unauthorized copies of another party’s copyrighted work;
• promotes and/or encourage illegal or unlawful activity in any country; 
• is defamatory, libelous or slanderous in nature; 
• advocates hate, violence, abuse, threats or harm against any group, individual or entity; 
• harasses or encourage others to harass any group, individual or entity;
• is racially, ethnically or otherwise objectionable; 
• is vulgar, obscene, profane, pornographic and/or otherwise offensive in nature; 
• discloses third-party confidential, private or trade secret information; 
• violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
• is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography hatred or physical harm of any kind ; or 
• is inconsistent with the goals, objectives, philosophies, and/or purpose of The Campaign.

You understand that when using the Site, you will be exposed to Content from a variety of sources, and that The Campaign is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.  You further understand and acknowledge that you may be exposed to User Content that is offensive, inaccurate, offensive, indecent, or objectionable, and under no circumstances will The Campaign be liable in any way for any Content including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.  In this regard, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Campaign with respect thereto, and agree to indemnify and hold The Campaign, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

USE OF THE SITE

You have a nonexclusive, limited, revocable license to use The Campaign Site while you are in compliance with this Agreement.  You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that The Campaign deems harmful.  We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators. 

You agree that you shall not use the Service and/or the Site to:

• collect usernames and/or email addresses of anyone for purposes other than those specifically intended on this Site;
• forward personally identifiable information from any Member to any non-Member;
• submit false User/Member information for any reason;
• use this site to engage in advertising to, or solicitation of, other Members to buy, or sell any product or services, including posting advertisements and/or  solicitations of business;
• use this Site in a manner inconsistent with any and all applicable laws and regulations of any country; 
• impersonate any person or entity, real of fictitious, including, but not limited to, a Campaign employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• stalk, abuse (or attempt to abuse), or otherwise harass another User/Member; 
• make unauthorized use of any Campaign trademarks or service marks;
• upload, post, e-mail or otherwise transmit or create Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that The Campaign considers in its sole discretion to be of such nature;
• interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 
• attempt to gain access to any other Member’s Membership account or password;
• include links to personal  or commercial web pages and/or websites that we, in our sole discretion, deem inconsistent with the goals and/or philosophy of The Campaign;
• provide information that you know is false or misleading;
• post or provide links to your or other Member passwords;
• post or provide links to information relating to circumventing this Site’s or any other website’s protected software; or
• post links to expressly solicit personal information from anyone under the age of 18. 

Any violation by you of the terms of the foregoing provisions may result in immediate and permanent suspension or cancellation of your Membership. You agree that The Campaign may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Site in its sole discretion, without notice to you.

Unauthorized or questionable uses may be subject to investigation.  Violations of this section may result in a range of actions subject to The Campaign’s sole discretion, including without limitation: 

• Suspension of Membership;
• Termination of Membership;
• Legal action, including civil, criminal, and/or injunctive action.

LINKS TO THIRD PARTY SITES

This Site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of The Campaign, and The Campaign is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  The Campaign is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties associated with this Site and/or participation in promotions, activities, events of third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  The Campaign shall not be responsible or liable for any part of any such dealings. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.

The Campaign respects the intellectual property rights of others and expects all users and Members of the Site to respect them as well.  If you believe your copyrights or other intellectual property rights have been infringed or otherwise violated, please provide The Campaign’s Copyright Agent the following information (your “Notice of Claim”) via written letter, fax or regular mail (not by email):

1. The signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property you claim has been infringed;
3. a description of where on the Site the material you claim is infringing is located;
4. your name, address, telephone number and email 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 above information in your Notice of Claim is accurate, and that you are the copyright owner or intellectual property owner, or are authorized to act on the copyright or intellectual property owner’s behalf.

COMMUNICATION WITH OTHER MEMBERS

The Campaign does not routinely monitor your communications with other Members, but reserves the right to do so pursuant to complaints or notifications to us that you are engaging in any behavior contrary to the terms or spirit of this Agreement.

MAINTENANCE AND OUTAGES 

From time to time, as is typical with online Services, The Campaign may need to perform maintenance on or make modifications to the Site that require the Site to be unavailable for periods of time (“System Downtime”).  Where possible, we will provide you with advance notice of planned System Downtimes, as well as their approximate duration.  Please note that the duration of planned System Downtime may exceed the initial estimate.  In addition, events such as natural disasters, power outages or technical emergencies may cause unscheduled System Downtime. 

The Campaign reserves the right to interrupt the Site with or without prior notice for any reason or no reason.  You agree that The Campaign will not be liable for any interruption of the Site, delay or failure to perform.  You further understand that The Campaign has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

DISCLAIMERS, DAMAGES AND LIABILITY 

You agree that The Campaign is not responsible for any Member Content posted on the Site.  The Campaign is not responsible for the conduct, whether online or offline, of any User of the Site or Member of the Services. The Campaign assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Campaign is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or Services.  Under no circumstances will The Campaign be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone’s use of the Site or the Services, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline.  The Site and the Services are provided “AS-IS” and (to the extent legally permitted) The Campaign expressly disclaims any warranty of fitness for a particular purpose or non-infringement, and further expressly disclaims any implied warranty and terms and conditions. The Campaign cannot guarantee and does not promise any specific results from use of the Site and/or the Services.

Except where restricted or prohibited, in no event will The Campaign be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Services, or of our termination of your Membership, even if The Campaign has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, The Campaign’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Campaign for the Services during the term of Membership.  Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

RELEASE

If you have a dispute with one or more Users or Members, you release The Campaign (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

INDEMNITY

At The Campaign’s request, you agree to defend, indemnify and hold harmless The Campaign its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Site.  You agree to defend, indemnify and hold harmless The Campaign, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in the Site infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.

NO AGENCY 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

NOTICE

Except as otherwise explicitly stated in this agreement, legal notices to The Campaign shall be served on The Campaign’s registered agent and shall be served on you at the email address you provided when registering with The Campaign.  Notice shall be deemed given 24 hours after the email is sent, unless the sending party receives a notification that the email address is invalid.  In the alternative, The Campaign may give you legal notice by mail to the address which you provided during registration, in which case notice shall be deemed given three (3) days after mailing.

OTHER

The Campaign is located at 1611 Telegraph Avenue, Suite 600,  in Oakland, California.  This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Services, contains the entire agreement between you and The Campaign regarding the use of the Site and/or the Services.  This Agreement may not be amended except by a writing signed by both you and The Campaign The following sections will survive any termination of this Agreement: Fees; License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes.  If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect.  In The Campaign’s sole discretion, The Campaign may assign this Agreement in accordance with the Notices section.  Section headings are for references purposes and do not limit the scope or extent of any section.  The Campaign’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Campaign does not guarantee that we will take action against all breaches of this Agreement.