Terms of use and Content Submission Agreement

Myhomegreenpages.com: Terms of use and Content Submission Agreement

September 21, 2008

Welcome to Myhomegreenpages.com. You must enter into this Agreement if You want to submit text, digital images, videos, and other Content to Myhomegreenpages.com through Business member profile forms or Customer Reviews (the "Service"). As used in this Agreement, "we" or "Myhomegreenpages.com" and “Website” means Emerald Healthy Environments, LLC. "You" means the entity or individual submitting Content to Myhomegreenpages.com and Directory. “Business Members” means businesses that list in Myhomegreenpages.com on line and printed directory (“Directory”). Any individual or entity that wants to use the Service must accept the terms of this Agreement without change.

1) Eligibility. You may only submit Content to the Service for which You hold all intellectual property rights. In other words, if You submit a digital video to us, You must own all rights to such video or You must have the authorization of the person who does own those rights. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Further, You may not submit any personally identifiable information about any child under the age of 13.

2) Definitions. As used in this Agreement, (a) "Content" means all Content that You submit to Myhomegreenpages.com and Directory, including all photographs, illustrations, audio, graphics, video and text, and (b) "Media" means any means of conveying information, whether now known or hereafter devised.

3) License Grant for Content. By providing Content for the Myhomegreenpages.com, You automatically grant, and You represent and warrant that You have the right to grant, to Myhomegreenpages.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Myhomegreenpages.com with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Myhomegreenpages.com by any other party.

By agreeing to the terms and conditions of this Agreement, Myhomegreenpages.com grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the reviews and ratings and any Content, without the express written consent of Myhomegreenpages.com

You acknowledge and agree that all Content and other information on the Myhomegreenpages.com, including, but not limited to, all text, graphics, logos, icons, images, audio clips, videos, downloads, data compilations and software (collectively, the "Copyright Materials") are the property of Myhomegreenpages.com, and are protected by all United States and international copyright laws.

4) Premium Services Myhomegreenpages.com offers fee-based premium services. If Business Members choose to sign up for a premium service, Business Members agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service.

5) Removal of Content. If You decide You would like to remove Your Content from the Service, You may provide written notice to Myhomegreenpages.com by either deleting the image through the Myhomegreenpages.com interface or by contacting yhomegreenpages.com customer service, and Myhomegreenpages.com will remove such Content from the Service at its sole discretion, within a reasonable period.

6) Specifications and Guidelines. You agree to submit Content to us in accordance with Review creation guidelines posted on the Myhomegreenpages.com web site or of which You are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future.

7) Representations, Warranties and Indemnities. You represent and warrant to Myhomegreenpages.com that (a) You have the right, power, and authority necessary to enter into this Agreement, to fully perform Your obligations hereunder, and to grant the licenses set forth in Paragraph 3 above, (b) You will comply fully with all terms of this Agreement, (c) the Content submitted to Myhomegreenpages.com by You do not and will not violate, is appropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) You possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Content by Myhomegreenpages.com as permitted hereunder, (e) the Content are not pornographic, obscene, libelous, defamatory, tortuous, or otherwise unlawful, and (f) all factual statements submitted by You are accurate and not misleading. You agree to indemnify, defend, and hold Myhomegreenpages.com harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from Your breach of any representation or warranty set forth in this paragraph.

8) Restrictions. You agree that You will not submit Content that are unlawful, pornographic, libelous, defamatory, tortuous, obscene, or racially, ethnically or otherwise objectionable. We expressly reserve the right to remove or not make available any Content that we deem to be in violation of this Agreement in our sole discretion. You agree that You will not upload, post, e-mail or otherwise transmit Content to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. “Business Members” agree not to include any advertising for anything other than Business Members company, including ads served via an ad-server service like Google AdSense, in any Myhomegreenpages.com code, or Content Business Members provide on Myhomegreenpages.com.

9) No Obligation. Myhomegreenpages.com does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Myhomegreenpages.com. Myhomegreenpages.com does not endorse any Business Members. You acknowledge that Myhomegreenpages.com simply acts as a passive conduit and an interactive computer Service for the publication and distribution of Content and for Directory publication and distribution of any Content posted by You. You understand that Your Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Myhomegreenpages.com does not control, and is not responsible for Content made available through the Myhomegreenpages.com and Directory, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content. Myhomegreenpages.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with Business Members (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Business Members (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Myhomegreenpages.com. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Business Members (which includes, but is not limited to, health care and wellness providers).

You further acknowledge that Myhomegreenpages.com has no obligation to screen, preview, monitor or approve any Content posted or submitted by You. However, Myhomegreenpages.com reserves the right to review and delete any Content at any time that, in its sole judgment, violates the terms and conditions of this Agreement. By using Myhomegreenpages.com, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Myhomegreenpages.com be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Content or Business Member Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Myhomegreenpages.com relating to Content, and release Myhomegreenpages.com from any and all liability for or relating to any Content.

You agree that Myhomegreenpages.com is not responsible for the accessibility or unavailability of any Business Member (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Myhomegreenpages.com relating to any interactions or dealings with any Business Member (which includes, but is not limited to, health care and wellness providers), and release Myhomegreenpages.com from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).

9.1) Health related providers. The Contents of the Myhomegreenpages.com Website or Directory, is for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Myhomegreenpages.com Website.

If You think You may have a medical emergency, call Your doctor or 911 immediately. Myhomegreenpages.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or Directory. Myhomegreenpages.com is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Myhomegreenpages.com, Myhomegreenpages.com employees, others appearing on the Website at the invitation of Myhomegreenpages.com, or other visitors to the Website is solely at Your own risk.

The Website may contain health-related Content that are sexually explicit. If You find these Content offensive, You may not want to use our Website. You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual's health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. Except as otherwise provided in this Agreement, neither Myhomegreenpages.com, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Myhomegreenpages.com.

10) Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

11) Communications. Myhomegreenpages.com may communicate with You in connection with the Service, electronically and in other Media, and You consent to such communications

12) Waiver. MYHOMEGREENPAGES.COM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

13) Disclaimer. MYHOMEGREENPAGES.COM PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND.

14) Breach of agreement and liquidated damages. You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Myhomegreenpages.com to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, and not as penalty, which You accept as reasonable estimates of Myhomegreenpages.com damages for the specified breaches of this Agreement:
(a). If You post Content in violation of this Agreement, You agree to promptly pay Myhomegreenpages.com One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
(b). If You display, copy, duplicate, reproduce, sell, re-sell or otherwise exploit for any purpose any Content in violation of this Agreement, You agree to pay Fifteen Thousand Dollars ($15,000).
(c). If You use computer programming routines that are intended to aggregate records or reports from the Website or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by Myhomegreenpages.com, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

15) Miscellaneous. The laws of the United States of America and the state of Indiana will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Indianapolis, Indiana, and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.