Terms & Conditions
These Terms and Conditions are agreed to by and between You, and the A.C. Green Youth Foundation, on behalf of itself and its affiliates (collectively “ACGREEN.COM”). In consideration of your use of and access to this web site, and the promises and obligations in these Terms and Conditions, and intending to be legally bound, You and ACGREEN.COM hereby agree to all of these Terms and Conditions, under which ACGREEN.COM welcomes you to this site. Please read the Terms and Conditions carefully so that you fully understand your rights and responsibilities.
Intellectual Property Rights
Copyright 2008 The A.C. Green Youth Foundation. All rights reserved.
All copyrightable text, audio, video, graphics, design, selection, and arrangement of content in any medium on this site is copyrighted by The A.C. Green Youth Foundation, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protectable trade dress under applicable federal law. In addition, various names and marks belonging to The A.C. Green Foundation or its affiliates appear throughout this site. These include, among others, the marks “AC”, “Abstinence Committed Bear”, “ClubAC”, “ACGREEN.COM”, “The A.C. Green Youth Foundation”, and the ClubAC and A.C. Green logos. Any unauthorized use of any marks owned by The A.C. Green Foundation or any of its affiliates, or any of their copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
Use of This Site
Permission is granted to download this site's content and to print a single hard copy for the user's noncommercial use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this site without the written permission of ACGREEN.COM. You understand and expressly agree that use of this site is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of the site or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data, and for any other form of damage that may be incurred. You agree that you will hold harmless ACGREEN.COM from all claims arising out of or related to your access or use of, or your inability to access or use, this site or the information and advice contained in this site. In no event will ACGREEN.COM be liable to you or anyone else for any decision made or action taken by you in reliance on any information, advice or other materials provided on, by or for this site.
ACGREEN.COM shall not be liable to users for any damage resulting from use of the site, nor for any damage relating to any events, information, or materials provided or referenced on this site.
This site is provided by ACGREEN.COM on an "as is" basis. ACGREEN.COM disclaims all warranties with respect to this website, and to any information or products or services available on this website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. ACGREEN.COM also makes no warranty or representation regarding the results that may be obtained from this site, or regarding the accuracy or reliability of any information obtained from the site, or that any goods or services will meet any users requirements, be uninterrupted, timely, secure or error free. ACGREEN.COM shall also have no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
In no event shall ACGREEN.COM or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this web site or any linked site, to any information or products or anything else obtained through this site, or otherwise arising out of the use of this site, or to the inability to use the site, whether based in tort, contract, negligence, strict liability or otherwise, even if ACGREEN.COM has been advised of the possibility of damages. Your sole and exclusive remedy is to discontinue using this web site. ACGREEN.COM has the right to rely on the information inputted from its users.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
You agree to indemnify, defend and hold harmless ACGREEN.COM, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of the site or the violation of these Terms and Conditions, including without limitation, your infringement, or infringement by any other users of your membership or account, of any intellectual property or other right or policy of any person or ACGREEN.COM.
ACGREEN.COM is not responsible for and has no control over the contents of any sites linked to, referenced by, or accessible from this site. Any links or references are provided for your convenience, and are not intended as an endorsement by ACGREEN.COM or a warranty of any type regarding any sites or the information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and ACGREEN.COM accepts no liability for the contents, accuracy or currency of sites that link to this site, or to which we link from or refer to on this site.
ACGREEN.COM does not endorse any linked site or referenced site, or any site that links to our site, and is not responsible for any transmission or material received from any linked, linking or referenced site. ACGREEN.COM assumes no responsibility, and shall not be liable, for any viral infection of your computer equipment or software, or any other types of damage in any form, on account of your access, use of or browsing in this or any other site, or from any information or materials obtained from any other site.
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked “ACGREEN.COM” OR “AC Green Youth Foundation ”; (2) the link must "point" to the URL "http://www.ACGREEN.COM" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of ACGREEN.COM; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with ACGREEN.COM’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than ACGREEN.COM is associated with or sponsored by ACGREEN.COM; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; (7) if you wish to link to our site, ACGREEN.COM requests that you provide us with notice of your link at the email address provided in the "Contacting Us" paragraph of these Terms and Conditions; and (8) ACGREEN.COM reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.
Bulletin Boards, Chat Rooms and Other Interactive Areas
ACGREEN.COM may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using this site, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this site:
- You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or ACGREEN.COM or any of its affiliates.
- You must ensure that all comments are appropriate to all people. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
- You must keep your comments relevant to the stated topic.
- Any conduct that in ACGREEN.COM’s sole discretion restricts others from using or enjoying the web site is prohibited.
- You may not advertise a business or service.
- Copyrighted material may only be posted with permission of the author.
- Harvesting or collecting information about others, including e-mail addresses is prohibited.
- You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
All users of this site must also follow any other guidelines or rules provided by ACGREEN.COM or posted on this site. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the site. Please report any violations of these guidelines to ACGREEN.COM, as provided for in the “Contacting Us” paragraph of these Terms and Conditions.
You and other users of the ACGREEN.COM bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this site. You should exercise the utmost discretion before providing any personal information on this site. Although ACGREEN.COM is not obligated to monitor content or the accuracy of information, you acknowledge and agree that ACGREEN.COM, in its sole discretion, has the right to monitor, without notice, any such content or information posted on this site. ACGREEN.COM also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.
Third-Party Intellectual Property Rights
ACGREEN.COM respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide ACGREEN.COM the following information, as required by Section 512 of Title 17, United States Code:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the allegedly infringing material, including its location on the site;
- your address, telephone number, and e-mail address;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ACGREEN.COM’s Copyright Agent for notice of claims of copyright infringement on its site is:
A.C. GREEN YOUTH FOUNDATION
904 Silver Spur Rd., Ste. # 416
Rolling Hills, CA 90274
You and ACGREEN.COM understand and agree that: (1) ACGREEN.COM assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the site (including without limitation any bulletin boards, chat rooms, surveys on the site) by you or by any other users or third parties and (2) ACGREEN.COM is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
Agreement to Terms and Conditions; Changes
By your access or use of this site, you hereby agree to these Terms and Conditions. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained in the Terms and Conditions and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by ACGREEN.COM. These Terms and Conditions will inure to the benefit of ACGREEN.COM's successors, assigns and licensees.
ACGREEN.COM reserves the right to change these Terms and Conditions at any time. If we decide to change the Terms and Conditions, we will post any changes on this website. Any such changes shall be effective upon posting on the website. By accessing the site following the posting of changes to the Terms and Conditions, you agree to all such changes.
Interpretation and Disputes
These Terms and Conditions are governed by the laws of the United States and the state of Arizona, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Maricopa County, Arizona with respect to resolution of any dispute arising under these Terms and Conditions. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms and Conditions shall be interpreted and read to give them maximum enforceability.
If you have any other questions or concerns regarding these Terms and Conditions, please contact us as via mail or e-mail at:
A.C. GREEN YOUTH FOUNDATION
904 Silver Spur Rd., Ste. # 416
Rolling Hills, CA 90274