MakeMeSustainable Inc. ("MMS") maintain this web site (the "Web Site") as a resource for individuals and businesses to connect how you feel about the environment with what you can do to help the environment. The Web Site offers a comprehensive set of energy and carbon management tools, combined with a robust social networking platform, designed to empower you to effect change.
By using the Web Site, whether as a member or as a visitor, you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Web Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Web Site. Use of the Web Site is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Web Site is not to be accessed or used by minors.
In addition, when using any particular service of the Web Site, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted from time to time, which are hereby incorporated into this Agreement.
If you wish to become a member of the MakeMeSustainable.com community, you may register as a "Member". If you enroll as a member, you represent and warrant to MMS that: (i) you are of legal age to form a binding contract; (ii) you will provide MMS with accurate, current and complete enrollment information; and (iii) your enrollment and your use of the Web Site is not prohibited by law. MMS reserves the right to terminate your status as a Member in the event that you breach any term of this Agreement.
This Web Site is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a Member or send any information about yourself to us.
3. Fees. (Sorry, this is a legal thing. MMS will try its best to never charge for the site!!)
MMS reserves the right to charge for access to the Web Site and use of its features, and to modify any fees charged from time to time on notice to you. MMS will provide prior notice to you before any fees are imposed are modified, and you will have the opportunity to cease using the Web Site before such fees are levied on you. If MMS terminates your Member status or use of the Web Site as a result of breach of this Agreement, you will not be entitled to any refund of fees paid.
4. Conditions on Using the Web Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Web Site, including any Submissions (as defined below), and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are proprietary to us or to third parties.
MMS authorizes you to view, download, and print the Site Content subject to the following conditions: (a) you may only download and print the Site Content in limited quantities for your personal, non-commercial use; (b) you may not modify the Site Content; (c) any displays or print outs of the Site Content must be marked "© MakeMeSustainable LLC, 2006. All rights reserved."; and (d) you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, copying, modifying reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of MMS. In addition, you may not link to any part of the Web Site or any Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere.
All software used on the Web Site is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks MakeMeSustainableTM and makemesustainable.comTM are proprietary to us, and they may not be used in connection with any service or products other than those provided by MMS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MMS. Any use of those marks, or any others displayed on the Web Site, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use or other exploitation of the Web Site and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Web Site, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
5. Submissions to MMS Belong to MMS.MMS is pleased to hear from you and welcomes your comments regarding the Web Site and Site Content. In the event that you submit ideas, suggestions, materials or other information to MMS, other than Shared Space Content (as defined below), whether at the request of MMS or not (all of the foregoing being "Submissions"), the Submissions will be deemed, and will remain, the sole property of MMS. None of the Submissions will be subject to any obligation of confidence on the part of MMS, and MMS and MMS Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, MMS will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against MMS or its affiliates, successors, assigns, licensees, partners, and customers (collectively, "MMS Affiliates"), as well as any users of the Web Site.
6. The Shared Spaces Are an Unrestricted Forum and Shared Space Content Is Not Proprietary.
A number of locations on the Site offer opportunities for social networking (defined here as "Shared Spaces." The Shared Spaces provide an unrestricted forum for the exchange of ideas and information by participants. MMS does not edit or control the information or materials posted to or distributed through the Shared Spaces (the "Shared Space Content"), will not be in any way responsible or liable for Shared Space Content, and claims no proprietary rights of any kind arising from the posting or distribution of information or material in the Shared Spaces. BY POSTING OR DISTRIBUTING INFORMATION OR MATERIAL THROUGH ANY OF THE SHARED SPACES, YOU EXPRESSLY ABANDON ANY RIGHTS YOU MAY HAVE IN SUCH SHARED SPACE CONTENT, AND SUCH INFORMATION OR MATERIAL MAY BE FREELY USED, COPIED, DISTRIBUTED AND OTHERWISE EXPLOITED, IN ANY MEDIUM, BY ANY MEANS, BY OTHERS WITHOUT YOUR PERMISSION.
7. Rules of Conduct for Participants in the Shared Spaces and Users Making Submissions.
The following restrictions on Shared Space participants and users of the Web Site making Submissions are intended to make the Web Site and Site Content suitable and appropriate for all users of the Web Site.
Shared Space participants and users of the Web Site making Submissions will not:
• Use a Shared Space or make a Submission for any purpose in violation of local, state, national or international laws;
• Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any Shared Space Content or Submission;
• Harvest or otherwise collect information about others, including email addresses, without their consent;
• Post the material or Submission more than once or "spam"; or
• Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Shared Space, Shared Space Content, Web Site or Site Content, or which, in MMS's sole judgment , exposes MMS or any MMS Affiliate to any liability or detriment of any type.
Shared Space participants and users of the Web Site making Submissions will not submit, upload to, distribute through or otherwise post any material that:
• Is libelous, defamatory, threatening, abusive, scandalous, obscene or unlawful or that encourages a criminal offense;
• Contains any advertising, promotional, solicitation or other commercial material;
• Contains material from other copyrighted works without the written consent of the owner of such copyrighted material;
• Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
• Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
• Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
MMS reserves the right (but is not obligated) to do any or all of the following:
• Record Shared Space Content;
• Investigate an allegation that Shared Space Content or a Submission does not conform to the terms and conditions of this Agreement;
• Remove Shared Space Content that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
• Monitor, edit or disclose any Shared Space Content; or
• Edit or delete any Shared Space Content, regardless of whether such content violates any terms and conditions of this Agreement.
MMS and MMS Affiliates have no liability or responsibility to users of the Web Site or any other person or entity for performance or nonperformance of the aforementioned activities.
8. Limitations with Respect to Tools for Calculating Carbon Footprints
The Web Site provides a number of tools allowing you to calculate your carbon footprint and costs based on a robust set of state, geographic, climate and product level date. The identity of the data sources underlying the tools are displayed on the Web Site, and MMS makes reasonable efforts so that its estimates are comprehensive. However, MMS cannot be responsible for any errors or omissions in the tools or any calculations produced using them, nor for any discrepancy between your actual and estimated carbon emissions and costs.
9. Links to Third Party Web Site Are Not Endorsements.
The Web Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by MMS. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
10. Warranty Disclaimers and Limitations of Liability.
MMS and MMS Affiliates make no representations or warranties of any kind regarding the Web Site and the Site Content. The Web Site and Site Content are provided in "AS IS" condition, and MMS and MMS Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEB SITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEB SITE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from MMS, any of MMS Affiliates or through the Web Site or Site Content will create any warranty not expressly stated herein.
YOU USE THE WEB SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER MMS NOR MMS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Web Site or the Site Content, including any allegation or claim that MMS or MMS Affiliates has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Web Site or the Site Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM MMS OR MMS AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF MMS OR MMS AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Your Indemnity of MMS and MMS Affiliates; Termination of Use.
You agree to indemnify, hold harmless, and at their respective options, defend MMS and MMS Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys' and professionals' fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Web Site or Site Content. For any indemnified matter, MMS and MMS Affiliates will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with MMS and MMS Affiliates in such matter.
MMS may, at its option, terminate any User's access to any or all of the Web Site, including your password and account, and may remove or delete any Shared Space Content or Submissions you may have submitted.
13. Applicable Law and Jurisdiction; Compliance.
The Web Site (excluding links) are controlled by MMS and operated by MMS from its offices in and around Boston, Massachusetts. Although MMS has made no effort to publish the Web Site elsewhere, because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Massachusetts and from each other, and as you and MMS both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Web Site, by using the Web Site you and MMS agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Web Site will be heard and resolved in the federal and state courts located in Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Web Site from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Web Site or Site Content in violation of U.S. export laws or regulations.
14. Miscellaneous Provisions.
No delay or omission by MMS in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by MMS of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and MMS regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
What Information Do We Collect?
Member Information: If you register as a Member ("Member"), by registering on The Site, MMS collects your [email address, username, password, security question, answer to the security question and additional information you may submit relating to your carbon usage]. Our primary goal in collecting member information is to provide you with the best and most useful content and services, and to offer you opportunities to obtain other products and services from our partners. Because we derive revenue from advertising, collecting information is essential to keeping our services affordable to users.
You may also provide additional information, including items such as your name, country, zip code and telephone number ("Member Details"). At the time you register to become a Member, or later when you access a particular page or document, subscribe to an e-mail newsletter, register for one of our events or register to use certain services (such as webcasts) or through responding to a survey, MMS may collect additional information, including but not limited to: your name, address, phone number. All of this information together, including your email address and security question, are included in the definition of "Member Details".
Several of the services that we offer on our Site may require registration as a condition of use. Once you register with as a Member of the Site, you are no longer anonymous to us. We may also obtain information about you from other third-party sources, such as US Post Office zip code information, and add it to the information you provided to us.
Calculation Information: Whether or not you are a Member, if you choose to use tools available on the Site for calculation of your carbon footprint, MMS may collect information about your carbon footprint and the information you input in connection with the calculation. This information will not be identified to you and will be maintained in anonymous, aggregated form only.
Clear GIFs: We use electronic images known as "clear GIFs" -- sometimes called "transparent GIFs", "Web bugs", "pixel tags" or "beacons" -- that allow us to track general user traffic patterns. MMS also automatically receives and records information from our servers and from your browser, including your IP address, the time, and information about the page you requested. This information is included in Clickstream Data (defined as the information that MMS collects through cookies, log files, beacons and clear GIFs).
Supplementary Information: MMS may supplement Member Details with publicly available information. For example, if a Member indicates she lives in X zip code, we may obtain information giving representative geographic information about X zip code. This information is called "Supplementary Information".
How Do We Use the Information We Collect?
Member Information: MMS collects member information supplied by visitors who register, as described above. That information lets us better tailor our content to visitor interests and helps our advertisers better understand the audience they are reaching. We use Member Details to deliver email newsletters on topics of interest, to better target advertiser promotions found in these newsletters and advertising you see when using the Site and we also may send general promotional and marketing materials to our Members, either by email or regular mail. We use Member Details and Supplementary Information in aggregated form to understand our customer base and to market our services to our customers. User access to the Site is free and is supported in part by paid content and sponsorships from our advertisers.
Cookies: MMS uses persistent cookies to link Members to their registration information, which allows our system to confirm a user's identity and access level on the Site. MMS also uses that information to track service selections, and save passwords so that Members do not have to log in each time they visit the Site.
Clear GIFs: We use these tracking technologies for a variety of purposes, including:
-Keeping count of return visits to our Site
-Accumulating and reporting anonymous, aggregate, statistical information on Web site and content usage to our partners and customers
-Determining which features visitors like best to help us improve our content and site, personalize your user experience, and measure overall site effectiveness
Supplementary Information: We use Supplementary Information to understand our customer base and to market our services more effectively.
What Information Do We Disclose to Third Parties?
Disclosure of Anonymous, Aggregated Information
We aggregate user information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. MMS also discloses aggregated user statistics in order to describe our services to prospective customers and partners, and other third parties, and for other lawful purposes.
We may provide summary reports to our advertisers and marketing partners, based on our analysis of Clickstream Data. The type of information included in a summary report is "3,000 people looked at your information this week." This aggregated information is anonymous and does not disclose to third parties any Member Details about the individual users who viewed content.
Disclosure of Personal Information
How Can You Opt Out of Use and Disclosure of Your Information?
To contact us regarding a privacy issue, please send an e-mail to email@example.com. Please be sure to include the site so that we may better serve you.
If you want your subscriber information deleted from the MMS database, please contact us at firstname.lastname@example.org and we will remove your Member Details.
Information provided to us by you is, however, subject to disclosure pursuant to any applicable laws.
MMS has implemented reasonable security measures to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. Our security systems include authenticated access to internal databases, audits of procedures, and regular reviews of overall Web security.
Access and Updating of Information
MMS is happy to allow users to review, amend, or delete Member information, at any time and as often as necessary. Users who wish to make such changes, are experiencing problems with our services or who have questions about how our services work can contact us by sending an email to: email@example.com. By continuing to access and use the site, users are agreeing to new reviews, amendments, or deletions. If you do not agree, you may cease viewing the site.
Registration Security Question & Answer: Your Member Details may be protected by a question and answer that you chose to control access to this information by third parties.
We recommend that you do not divulge your security question or answer to anyone. MMS never asks for either security questions or answers in unsolicited phone calls or unsolicited emails. Remember to sign-out and close your browser window when you have finished. This will prevent others from accessing your information, for example, if you share a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Amendments: MMS may modify or amend this policy from time to time. If we make any material changes, as determined by MMS, in the way in which information is collected, used or transferred, we will notify you of these changes on our site(s) or by e-mail and provide a link to the new privacy statement. If you object to any of the changes, you can have us delete your information from our database by contacting firstname.lastname@example.org.
Options: Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our Site without registering. If you choose not to provide some information when registering for a site, certain products or services may not be available to you.
P.O. Box 180621
Boston, MA 02118
MMS will investigate your complaint and respond to you promptly.
Effective Date of this policy: September, 1 2008