Terms of Use

Effective Date: January 15, 2015

Your access to and use of How to Be Green, LLC’s website, accessible at www.howtobegreen.org, is governed by this Terms of Use Agreement (“Agreement”). By accessing and continuing to use this website you accept and agree to be bound by the Terms of Use (which may change from time to time). If you do not agree to these Terms of Use, you should not access or use this website.

Overview

The terms “we,” “us,” and “our” refer to as How to Be Green, LLC (“HTBG”). The terms “website, “ or “site” refers to www.howtobegreen.org. The terms “user,” “you,” and “your,” refers to website visitors, customers, clients and any other users of the website.

The services provided by How To Be Green, LLC such as green living consulting and coaching, a blog, video classes, products, and other website resources, collectively they are referred to as the “Service.”

To access and use this website you must be 18 years old or older and have the power and authority to enter into this Terms of Use Agreement. Children under the age of 18 are prohibited from using the site.

Your use of the Site

Your use of the Site is intended for personal, non-commercial use only. By accessing or using the Site, you agree to comply with all applicable federal, state, and local laws. Except in instances where we have given you specific, express permission, you may not use, reproduce, distribute publicly, display publicly, perform, publish, transmit or create derivative works from, or otherwise unlawfully use any content on the Site.

You may not use any features of this Site that permit communications or postings, to post, transmit, display, or otherwise communicate any of the following:

  • Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
  • Any advertisement, solicitation, spam, chain letter, or other similar types of information;
  • Any encouragement of illegal activity;
  • Unauthorized use or disclosure of private, personally identifiable information of others; or
  • Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.

Site Content and Disclaimer

HTBG make no representations or warranties that the information provided on this website, regardless of its source, (“Content”), is accurate, complete, reliable, current, or error-free. HTBG disclaim all liability for any inaccuracy, error or incompleteness in the content.

This website is an educational and informational resource to educate visitors on ways to live a healthier lifestyle while preserving the planet and is not a substitute for working with a medical physician or other health professional. We cannot guarantee the outcome of following the recommendations provided in any statements made on this Site regarding the potential outcome of any given situation. The recommendations presented on this Site are expressions of our opinion only.

There are no guarantees made by us about the information and recommendations. By continuing to use this website you acknowledge that we have not made any guarantee or any particular result. Therefore, following any information or recommendations provided on this website should be relied upon at your own risk.

Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
Any advertisement, solicitation, spam, chain letter, or other similar types of information;

Any encouragement of illegal activity;
Unauthorized use or disclosure of private, personally identifiable information of others; or
Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.

Intellectual property

HTBG owns the content on the Site, including, but not limited to written content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, principles, downloadable publications, downloadable products, sounds, music, sales copy, advertising copy, website layout, website design, any and all derivative works or enhancements of the content, the compilation, assembly and arrangement of the copyrightable material on this site, and all intellectual property rights to the Content, including derivative works enhancements compilations assembly and arrangements, unless otherwise expressly stated on the site. By accessing or using the Site and/or Content you do not acquire any right title or interest in the Site or the Content.

Nothing in this Terms of Use shall be construed as granting you a license or right to use HTBG’s trademarks, service marks, logos, slogans or taglines displayed on the Site.

Permission requests to use and/or feature any content on this site should be sent in writing to contact@howtobegreen.org.

Product recommendations

From time to time HTBG may make product recommendations on this site. HTBG is not legally liable for any result, consequence or outcome of the use of any product recommended. You should do your own research and due diligence before buying any product from anyone.

Third party links

This website may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability of, accuracy, content or policies of any third-party websites or resources. If there are links to other websites and resources, that does not imply that we are in any way endorsing or affiliated with those third parties.

You acknowledge and accept sole responsibility for and assume all risk arising from your use of any other websites or resources.

Disclaimer of warranty

YOU UNDERSTAND AND AGREE THAT THE SITE, IT’S CONTENT, AND THE INFORMATION, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE WEBSITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THEY MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM THIS WEBSITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE WEBSITE OR IT’S CONTENT WILL BE ERROR-FREE OR VIRUS-FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

Liability limitations

You agree that we shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this Site, regardless of whether such liability is based in tort, contract, or otherwise.

In no event, including, without limitation, a negligent act, shall we, or any of our providers be liable to you for any direct, indirect, special, incidental,

consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this Site or any other products, services, or information offered, sold, or displayed on this Site, your use of, or inability to use, this Site generally, or otherwise in connection with these Terms of Use, regardless of whether we, or any of our providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Affiliate links disclaimer

Some of the links contained in this website are affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services known and trusted by us, whether an affiliate relationship exists or not.

Indemnification

You agree at all times to indemnify, defend, and hold harmless How To Be Green, LLC its affiliates, agents, employees, successors, assignees, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related in any way to your use of the Site, or breach of any obligation, warranty or representation set forth in these Terms of Use.

Controlling law & jurisdiction

This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Tennessee, U.S.A., without reference to its conflict-of-law provisions.

HTBG makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from

outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the state of Tennessee, for any disputes with Debby Savage or HTBG arising out of your use of this SITE.

Entire agreement

This Terms of Use Agreement constitutes the entire agreement between HTBG and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and HTBG with respect to this website.

A printed version of this Terms of Use Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Terms of Use Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Debby Savage or HTBG solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer devices, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

TERMS OF ONLINE SALES

These Terms of Online Sales (“TOS”), together with the How To Be Green, LLC Website Terms of Use (hyperlink to Terms of Use), set out the terms and conditions that will apply when you place an order from How To Be Green. If you are unable to understand or have any questions about, these TOS please contact us BEFORE placing your Order.

You will be required to confirm that you have read and accepted these TOS before you submit an order to How To Be Green. Please note that these TOS are subject to change so review and save or print a copy of these terms prior to each order that you submit.

Overview

These TOS do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer products.

Order and Acceptance

Each order submitted constitutes an offer to purchase products from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where:

* orders cannot be processed due to an error in information you have provided to us;

* there is an error on our site relating to the products that you have ordered, for example, an error relating to the price or description of the product as displayed on our site; or

* the products that you have ordered are no longer available on our site.

We will, unless we suspect that your order was placed for fraudulent purposes, send you an email if we are unable to accept your order, informing you of the reason.

After we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email, contact us before you try to place another order for the same product.

We will send you an email when we dispatch all, or if earlier the first part, of the product covered by your order to confirm that your order has been accepted by us.

If you have any questions, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.

Product availability

We will have the right, at any time, to make changes to information about products displayed on our site, for example, information about prices, description or the availability of products and we may do so without first giving you notice of the changes. We will not, however, make any changes to the price, availability or description of any product after we have accepted an order to supply the product to you.

Customer initiated order cancellations and changes
You can make changes to or cancel your order at any time before your order has been processed by us. To make changes to your order, please contact us. If your order has already been processed, you may or may not be able to request a refund or exchange of the product, according to our Return Policy set forth below.

Order tracking

You will receive a tracking number once your order has been processed. If you do not receive a tracking number, please contact us.

Shipping and Delivery

All smaller items like body care products, bedding, and top of bed accessories will usually ship via UPS ground. All furniture and mattresses will ship via freight, UPS, and/or FedEx and will be delivered via curbside service where the delivery agent will take the furniture palette and/or mattresses off the truck and place it in front of your home.

You will be solely responsible for bringing in the furniture and/or mattresses. You do have the option to upgrade to white glove service for an additional charge where the delivery agent will take the furniture and/or mattresses off the truck, bring it inside, and place it within the room of choice and dispose of all packing materials. Please contact How To Be Green to receive a quote to upgrade from curbside service to white glove service.

The delivery agent is not qualified to assemble cribs so it is YOUR responsibility to assemble the cribs.

Shipping
Shipped to addresses within the continental United States only. Remote areas, urban addresses, and buildings with more than two flights of stairs (in-home set up customers only) may incur additional shipping charges.

Additional Exceptions & Policies:

Mattress and furniture is curbside delivery only. Delivery is either to the back of the truck or to the front door. Delivery does not include set up or removal of packaging.

Refusing Shipment
Refusing shipment will result in your credit card being charged for both outbound and return shipping, plus applicable re-stocking fees. WE DO NOT OFFER A RETURN POLICY ON ANY FURNITURE, MATTRESS, FUTON OR FOUNDATION (See our return policy below). If any mattress, futon, or foundation, etc. is returned to us, we will refuse shipment.

Refusing shipment of items drop shipped from manufacturers will result in your credit card being charged for both outbound and return shipping, duty and customs broker fees, and any applicable re-stocking fees.

Prices and payment

The product price is always the price indicated on the website when you place your order. The price does not include tax or shipping and handling. Payments are processed through our secure online payment processor.

Return Policy

WE ONLY ACCEPT RETURNS FOR CLOTHING MERCHANDISE WITHIN 14 DAYS FROM RECEIVING YOUR ORDER FOR STORE CREDIT ONLY. ITEMS MUST BE UNUSED, UNWORN, IN ORIGINAL CONDITION WITH TAGS ATTACHED, AND IN THEIR ORIGINAL SEALED PACKAGING. ALL OTHER MERCHANDISE, INCLUDING BUT NOT LIMITED TO MATTRESSES, FURNITURE, AIR PURIFIERS, VIDEO CLASSES, ALL DIGITAL PRODUCTS, BODY CARE, ETC., ARE NON-RETURNABLE, FINAL SALE, AND CANNOT BE CANCELLED AT ANY TIME ONCE AN ORDER IS PLACED.
RETURNS MUST MEET CERTAIN REQUIREMENTS DEPENDING ON THE ITEM, AND MAY BE SUBJECT TO A RESTOCKING FEE, IMPOSED ON US BY SOME OF OUR MANUFACTURERS.

Shipping to remote or urban areas – Customer will be contacted to approve additional shipping costs before the order is processed.  We do not ship anywhere outside of the United States. Delivery is not currently available to Alaska or Hawaii.  If you have any questions please contact us  615-891-2203.

Any delivery dates provided to you in connection with your order are estimates. Although we aim to provide you with as accurate estimates as possible, we cannot promise that they are accurate.
We reserve the right to deliver the ordered products in separate shipments.

A product that we deliver to you will become your property at the time that you receive it provided that we have received full payment for the product. As soon as we have delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.

WHEN RETURNING AN ITEM, YOU MUST FIRST GET A RETURN AUTHORIZATION BY CONTACTING CUSTOMER SERVICE AT 615-891-2203 YOU WILL BE RESPONSIBLE FOR THE RETURN SHIPPING CHARGES AND THE ORIGINAL SHIPPING CHARGES, WHICH ARE NON-REFUNDABLE. DAMAGED SHIPMENTS AND SHIPPING CLAIMS

In the event, your order arrives damaged then you must contact How To Be Green, LLC immediately at 615-891-2203 so that a proper damage claim can be filed with the shipping agent. You must retain the original shipping box(es) and all packaging materials in order for the shipping agent to do a proper inspection. If you dispose of any of the shipping box(es) and any the packaging materials before an inspection can be made then you waive the right to file a damage claim.

Liability and Indemnification

To the extent permitted by law, How To Be Green, LLC shall not be liable to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this website including, but not limited to, loss or damage you might suffer as a result of:

Except as expressly provided in these terms, and to the fullest extent allowed by the law, How To Be Green will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

You will at all times indemnify, and indemnify How To Be Green, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

Errors, mistakes or inaccuracies on the website;
You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
personal injury or property damage of any kind resulting from your access or use of the website;
any unauthorized access to or use of the websites secure servers;
any interruption or cessation of transmission to or from the website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
the quality or fitness for any purpose of any linked sites.

Personal information

Our collection and use of your personal information will be carried out subject to the terms of our Privacy Policy (See Below for Privacy Policy).

General terms

This TOS Agreement is governed by and shall be construed in accordance with the laws of the State of Tennessee, U.S.A., without reference to its conflict-of-law provisions.

Entire agreement

This TOS Agreement constitutes the entire agreement between HTBG and you with respect to your purchase of products from this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HTBG with respect to this website.

A printed version of this Terms of Sale Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Terms of Sale Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, at any the point in which you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer devices, or when you enter your credit card information to complete your purchase, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Privacy Policy

Effective date: January 15, 2015

At How To Be Green, LLC (“HTBG”) we are committed to respecting your privacy choices and being transparent about what information we collect from you and how we use that information. We do not share, sell, license, trade, or read your personal information to others except in the ways explained in this privacy policy.

The purpose of this privacy policy is to help you understand:

  • ⇒  Why we collect personally identifiable information;
  • ⇒  What personally identifiable information we collect;
  • ⇒  How we use that information, including how the information is stored and whether we share the information with third parties; and
  • ⇒  Your choices regarding our collection, use, and distribution of your information. Your consent to this privacy policy using this website you consent to the terms of this Privacy Policy. What information does HTBG?
    We collect two types of information personally identifiable information and anonymous information. Generally speaking, you can visit this website without identifying who you are or revealing any information about yourself.  Personally, identifiable information is information that specifically identifies a particular user such as name, email address or phone number.

Anonymous information is information that cannot be connected to the identity of a specific individual. For example, a site may record the number of visits to a particular page that occur in a given period of time, but that does not necessarily provide the names or other identifying information of each visitor.

When you subscribe to our newsletter, place an order for our services, or enroll in one of our courses or memberships, we collect certain information to process your request for information and/or services.

What are cookies and how are they used?
Cookies are small data files, typically made up of a string of text, that assign you a unique identifier. This information enables our website to receive information from your computer to provide a more tailored and user-friendly experience for you. For example, if you log in to our site we may be able to personalize your experience by recognizing your name when you return to the site, save your login and your password, or enable a shopping cart. Our newsletters may use cookies to measure the effectiveness of our marketing efforts (for example, tracking the clicks on the links in our emails and newsletters) or we may use cookies to determine the number of times website visitors have accessed a particular area or page on the website. Most web browsers have a function that allows you to delete existing cookies on your device or you can set your browser option so that your device does not receive or accept cookies.

How does HTBG use the information we collect?

Non-personally identifiable information

We may use non-personally identifiable information, like data about the most visited site pages or the duration of certain site page visits that are not tied to a specific site user, to maintain, improve, and protect our site and our product and service offerings.

Personally identifiable information

When you sign up for our newsletter, we use the name and email address that you provided to subscribe to our newsletter and/or our email list. We will send you periodic newsletters and/or emails. We store the name and email address that you provided in an SSL encrypted database.

When you purchase a digital product or our services we use the personal information you provide to process the transaction and deliver your digital product and/or service and to provide you customer service as necessary. We store this information in an SSL encrypted database.

Is my personally identifiable information secure?

The security of your personally identifiable information is extremely important to HTBG. We use Stripe to process your purchases of our products and services. Your information is stored in an SSL encrypted database.

Be sure to keep in mind the no method of transmission over the Internet or method of electronic or physical server storage is 100% secure. While we value the privacy and security of your personal information, we cannot guarantee against or prevent potential security breaches, nor can we assure you that the personally identifiable information that you provide us will never be disclosed in a manner inconsistent with this privacy policy.

If you have any reason to believe that the security of your information has been compromised, please email us immediately at contact@howtobegreen.org

Does HTBG share my personal information with third parties?

Except in situations described in the next paragraph, we will not sell or give any personally identifiable information to any third parties.

We may, however, be required by law enforcement or judicial authority to provide personally identifiable information to the appropriate governmental authorities. If requested by law-enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law-enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our Terms of Use.

Does this website comply with the Children’s Online Privacy Protection Act?
Yes. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our website, products, and services are all directed to people who are at least 18 years old or older.

Opt-out

If it anytime you do not wish to receive offers or emails from us, you must tell us in order for the communications to stop. You may do this by either clicking the unsubscribe link located at the bottom of our emails or you may contact us directly by sending an email to debby@howtobegreen.org.

How will I be notified of changes to this privacy policy?

We may change our privacy policy from time to time. If we make a material change to this policy, we will post the changes on this privacy policy webpage and may also inform you of the changes by other means such as our newsletter or in a direct email containing the update.

What if I have questions about this Privacy Policy or Terms of Use?

If you have any questions about this Privacy Policy or Terms of Use, Please direct your questions to How To Be Green, LLC using the information below:

How To Be Green

P.O. Box 10 Arrington, TN 37014

Phone:  615-891-2203

PARTICIPATION AGREEMENT

By purchasing this digital product, you (“Client”) agree to all of the terms set forth below.

PROGRAM/SERVICE

How To Be Green, LLC (“Company”) agrees to provide the digital course My Organic Nursery made available through our online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.

DISCLAIMER

Client understands that Debby Savage (herein referred to as “Consultant” or “Debby”) and How To Be Green, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist. Client understands their participation in this Program will not prevent, treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Client understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. Client should make their own health care and lifestyle decisions based on their own personal goals, objectives and desires. The information provided in this Program is not intended as medical advice and should not be used as a substitute for medical advice. All information provided is based on the research, knowledge and experience of Company and should be followed at Client’s discretion.

Client further understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties decide to continue their relationship, a separate agreement will be entered into.

FEES

The fee for My Organic Nursery is a one-time payment of $ 99.00. You authorize How To Be Green to charge your credit card for the full $ 99.00 payment today.

REFUNDS

Due to the nature of the digital product and the immediate access to the Program once payment has been rendered, all sales are final and no refund will be given.

COMMUNITY GUIDELINES (FACEBOOK GROUP)

The Online Community is a place where everyone should feel welcome, safe, and secure. The purpose of the group is to connect with, share, and inspire others. Negativity, gossip, and cyber bullying will not be tolerated.

Each Participant should feel safe to share in the group.

Client may not contact the other Participants outside of the group without their permission.

Failure to adhere to the Website Terms of Use and this Participation Agreement may result in removal from the Community.

CONFIDENTIALITY

The Company respects Client’s privacy and insists that Client respects the Company’s and other Program Participants (“Participants”) privacy. Any Confidential Information shared by Program participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Online Community forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose confidential information to any third party.

Further, Client fully understands that any violation or a display of any likelihood of violating this section, shall entitle Company and/or the Participants to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NON-DISCLOSURE OF PROGRAM MATERIALS

Material given to Client in the course of Client’s participation in the Program is proprietary, copyrighted and developed solely and specifically for Company. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this digital program only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own

personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of How To Be Green.

NO TRANSFER OF INTELLECTUAL PROPERTY

How To Be Green’s program is protected by copyright and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for any purpose other than Client’s own personal use. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of How To Be Green, LLC. No license to sell or distribute Company’s materials is granted or implied.

By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

CLIENT RESPONSIBILITY

Program is developed strictly for educational and informational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each Participant may significantly vary. Program information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

LIMITATION OF LIABILITY. Client agrees their use of Company’s Program is at their own risk and that Program is only an informational and educational service being provided. Client releases Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities (“Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits,

costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT. The parties agree that they neither will engage in any conduct or communications with a third party, public or private designed to disparage the other.

Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on the How To Be Green website and purchasers shall be notified.

TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company.

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s members, officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may

result from a breach of this Agreement or sole negligence or willful misconduct by Company. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

In consideration of and as part of their payment for the right to participate in How to Be Green’s Program, Client, their heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge How To Be Green and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Program.

RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the United States federal court in the State of Tennessee.

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America.

CONTACT. Any questions or concerns related to this Agreement should be sent to support@howtobegreen.org.

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