Terms of Use

The Kind Green Char­i­ta­ble Foun­da­tion (“The Kind Green”) oper­ates this Site to pro­vide online access to infor­ma­tion about The Kind Green and the prod­ucts, ser­vices, and oppor­tu­ni­ties we pro­vide (the “Ser­vice”). By access­ing and using this Site, you agree to each of the terms and con­di­tions set forth herein (“Terms of Use”). Addi­tional terms and con­di­tions applic­a­ble to spe­cific areas of this Site or to par­tic­u­lar con­tent or trans­ac­tions are also posted in par­tic­u­lar areas of the Site and, together with these Terms of Use, gov­ern your use of those areas, con­tent or trans­ac­tions. These Terms of Use, together with applic­a­ble addi­tional terms and con­di­tions, are referred to as this “Agreement”.

The Kind Green reserves the right to mod­ify this Agree­ment at any time with­out giv­ing you prior notice. Your use of the Site fol­low­ing any such mod­i­fi­ca­tion con­sti­tutes your agree­ment to fol­low and be bound by the Agree­ment as mod­i­fied. The last date these Terms of Use were revised is set forth below.

Table of Con­tents
1. Use of Site
2. Copy­right
3. Trade­marks
4. Links to Third-Party Web Sites
5. Link­ing to this Site
6. Down­load­ing Files
7. Soft­ware
8. Dis­claimer of War­ranties
9. Lim­i­ta­tion of Lia­bil­ity
10. Indem­ni­fi­ca­tion
11. Pri­vacy
12. Addi­tional Terms of Ser­vice
13. User Con­duct
14. Unso­licited Idea Sub­mis­sion Pol­icy
15. User Sup­plied Infor­ma­tion
16. Pass­word Secu­rity
17. Gen­eral Provisions

1. Use of Site
You may use the Ser­vice, the Site, and the infor­ma­tion, writ­ings, images and/or other works that you see, hear or oth­er­wise expe­ri­ence on the Site (singly or col­lec­tively, the “Con­tent”) solely for your non-commercial, per­sonal pur­poses and/or to learn about The Kind Green prod­ucts and ser­vices. No right, title or inter­est in any Con­tent is trans­ferred to you, whether as a result of down­load­ing such Con­tent or oth­er­wise. The Kind Green reserves com­plete title and full intel­lec­tual prop­erty rights in all Con­tent. Except as expressly autho­rized by this Agree­ment, you may not use, alter, copy, dis­trib­ute, trans­mit, or derive another work from any Con­tent obtained from the Site or the Ser­vice, except as expressly per­mit­ted by the Terms of Use.

2. Copy­right
The Site and the Con­tent are pro­tected by U.S. and/or for­eign copy­right laws, and belong to The Kind Green or its part­ners, affil­i­ates, con­trib­u­tors or third par­ties. The copy­rights in the Con­tent are owned by The Kind Green or other copy­right own­ers who have autho­rized their use on the Site. You may down­load and reprint Con­tent for non-commercial, non-public, per­sonal use only. (If you are brows­ing this Site as an employee or mem­ber of any busi­ness or orga­ni­za­tion, you may down­load and reprint Con­tent only for edu­ca­tional or other non-commercial pur­poses within your busi­ness or orga­ni­za­tion, except as oth­er­wise per­mit­ted by The Kind Green, for exam­ple in cer­tain password-restricted areas of the Site and in our Fre­quently Asked Ques­tions). With the excep­tion of the Sam­ple Images, you may not manip­u­late or alter in any way images or other Con­tent on the Site.

2.1 Sam­ple Pic­tures
The Kind Green has included Sam­ple Pic­tures on cer­tain pages within the Site, to demon­strate the capa­bil­ity of cer­tain cam­eras and other prod­ucts. You may down­load, reprint and manip­u­late the Sam­ple Images for this pur­pose, but you may not crop or change the com­po­si­tion of the image, or use the image for com­mer­cial purposes.

Please read through our Fre­quently Asked Questions.

3. Trade­marks
You are pro­hib­ited from using any of the marks or logos appear­ing through­out the Site with­out per­mis­sion from the trade­mark owner, except as per­mit­ted by applic­a­ble law.

4. Links to Third-Party Web Sites
Links on the Site to third party web sites or infor­ma­tion are pro­vided solely as a con­ve­nience to you. If you use these links, you will leave the Site. Such links do not con­sti­tute or imply an endorse­ment, spon­sor­ship, or rec­om­men­da­tion by The Kind Green of the third party, the third-party web site, or the infor­ma­tion con­tained therein. The Kind Green is not respon­si­ble for the avail­abil­ity of any such web sites. The Kind Green is not respon­si­ble or liable for any such web site or the con­tent thereon. If you use the links to the web sites of The Kind Green affil­i­ates or ser­vice providers, you will leave the Site, and will be sub­ject to the terms of use and pri­vacy pol­icy applic­a­ble to those web sites.

5. Link­ing to this Site
If you would like to link to the Site, you must fol­low The Kind Green’s link guide­lines. Unless specif­i­cally autho­rized by The Kind Green, you may not con­nect “deep links” to the Site, i.e, cre­ate links to this site that bypass the home page or other parts of the Site. You may not mir­ror or frame the home page or any other pages of this Site on any other web site or web page.

6. Down­load­ing Files
The Kind Green can­not and does not guar­an­tee or war­rant that files avail­able for down­load­ing through the Site will be free of infec­tion by soft­ware viruses or other harm­ful com­puter code, files or programs.

7. Soft­ware
Any soft­ware avail­able for down­load via the Site is the copy­righted work of The Kind Green and/or its licen­sors. Use of such soft­ware is gov­erned by the terms of the end user license agree­ment that accom­pa­nies or is included with the soft­ware. Down­load­ing, installing, and/or using any such soft­ware indi­cates your accep­tance of the terms of the end user license agreement.

8. Dis­claimer of War­ranties
The Kind Green MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. The Kind Green EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORPARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. The Kind Green DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. The Kind Green DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON ANAS ISANDAS AVAILABLE” BASIS.

9. Lim­i­ta­tion of Lia­bil­ity
IN NO EVENT WILL The Kind Green BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF The Kind Green HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, The Kind Green’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. Indem­ni­fi­ca­tion
You under­stand and agree that you are per­son­ally respon­si­ble for your behav­ior on the Site. You agree to indem­nify, defend and hold harm­less The Kind Green, its par­ent com­pa­nies, sub­sidiaries, affil­i­ated com­pa­nies, joint ven­tur­ers, busi­ness part­ners, licen­sors, employ­ees, agents, and any third-party infor­ma­tion providers to the Ser­vice from and against all claims, losses, expenses, dam­ages and costs (includ­ing, but not lim­ited to, direct, inci­den­tal, con­se­quen­tial, exem­plary and indi­rect dam­ages), and rea­son­able attor­neys’ fees, result­ing from or aris­ing out of your use, mis­use, or inabil­ity to use the Site, the Ser­vice, or the Con­tent, or any vio­la­tion by you of this Agreement.

11. Pri­vacy
Click here to see The Kind Green’s Pri­vacy Policy.

13. User Con­duct
You agree to use the Site only for law­ful pur­poses. You agree not to take any action that might com­pro­mise the secu­rity of the Site, ren­der the Site inac­ces­si­ble to oth­ers or oth­er­wise cause dam­age to the Site or the Con­tent. You agree not to add to, sub­tract from, or oth­er­wise mod­ify the Con­tent, or to attempt to access any Con­tent that is not intended for you. You agree not to use the Site in any man­ner that might inter­fere with the rights of third parties.

14. Unso­licited Idea Sub­mis­sion Pol­icy
The Kind Green or any of its employ­ees do not accept or con­sider unso­licited ideas, includ­ing ideas for new adver­tis­ing cam­paigns, mar­ket­ing strate­gies, new or improved prod­ucts, tech­nolo­gies, ser­vices, processes, mate­ri­als, or new prod­uct names. We have found this pol­icy nec­es­sary in order to avoid mis­un­der­stand­ings should The Kind Green’s busi­ness activ­i­ties bear coin­ci­den­tal sim­i­lar­i­ties with one or more of the thou­sands of unso­licited ideas offered to us. Please do not send your unso­licited ideas to The Kind Green or any­one at The Kind Green. If, in spite of our request that you not send us your ideas, you still send them, then regard­less of what your post­ing, email, let­ter, or other trans­mis­sion may say, (1) your idea will auto­mat­i­cally become the prop­erty of The Kind Green, with­out any com­pen­sa­tion to you; (2) The Kind Green will have no oblig­a­tion to return your idea to you or respond to you in any way; (3) The Kind Green will have no oblig­a­tion to keep your idea con­fi­den­tial; and (4) The Kind Green may use your idea for any pur­pose what­so­ever, includ­ing giv­ing your idea to others.

How­ever, The Kind Green does wel­come feed­back regard­ing many areas of The Kind Green’s exist­ing busi­nesses that will help sat­isfy customer’s needs, and feed­back can be pro­vided through the many listed con­tact areas on the Site. Any feed­back you pro­vide shall be deemed a Sub­mis­sion under the terms in the User Sup­plied Infor­ma­tion sec­tion above.

15. User Sup­plied Infor­ma­tion
The Kind Green does not want to receive con­fi­den­tial or pro­pri­etary infor­ma­tion from you via the Site. You agree that any mate­r­ial, infor­ma­tion, or data you trans­mit to us or post to the Site (each a “Sub­mis­sion” or col­lec­tively “Sub­mis­sions”) will be con­sid­ered non con­fi­den­tial and non pro­pri­etary. For all Sub­mis­sions, (1) you guar­an­tee to us that you have the legal right to post the Sub­mis­sion and that it will not vio­late any law or the rights of any per­son or entity, and (2) you give The Kind Green the royalty-free, irrev­o­ca­ble, per­pet­ual, world­wide right to use, dis­trib­ute, dis­play and cre­ate deriv­a­tive works from the Sub­mis­sion, in any and all media, in any man­ner, in whole or in part, with­out any restric­tion or respon­si­bil­i­ties to you.

16. Pass­word Secu­rity
If you reg­is­ter to become a The Kind Green​.com mem­ber, you are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of your mem­ber iden­ti­fi­ca­tion and pass­word infor­ma­tion, and for restrict­ing access to your com­puter. You agree to accept respon­si­bil­ity for all activ­i­ties that occur under your mem­ber iden­ti­fi­ca­tion and password.

17. Gen­eral Pro­vi­sions
a. Entire Agreement/No Waiver. These Terms of Use con­sti­tute the entire agree­ment of the par­ties with respect to the sub­ject mat­ter hereof. No waiver by The Kind Green of any breach or default here­un­der shall be deemed to be a waiver of any pre­ced­ing or sub­se­quent breach or default.

b. Cor­rec­tion of Errors and Inac­cu­ra­cies. The Con­tent may con­tain typo­graph­i­cal errors or other errors or inac­cu­ra­cies and may not be com­plete or cur­rent. The Kind Green there­fore reserves the right to cor­rect any errors, inac­cu­ra­cies or omis­sions and to change or update the Con­tent at any time with­out prior notice. The Kind Green does not, how­ever, guar­an­tee that any errors, inac­cu­ra­cies or omis­sions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agree­ment is deter­mined by a court of com­pe­tent juris­dic­tion to be invalid or unen­force­able, it will not impact any other pro­vi­sion of this Agree­ment, all of which will remain in full force and effect. Any and all dis­putes relat­ing to this Agree­ment, The Kind Green’s Pri­vacy Pol­icy, your use of the Site, any other The Kind Green web site, the Ser­vice, or the Con­tent are gov­erned by, and will be inter­preted in accor­dance with, the laws of the State of New York, with­out regard to any con­flict of laws provisions.

d. Claims of Copy­right Infringe­ment. Pur­suant to Title 17, United States Code, Sec­tion 512©(2), noti­fi­ca­tions of claimed copy­right infringe­ment should be sent to Ser­vice Provider’s Des­ig­nated Agent. See our Notice and Pro­ce­dure for Mak­ing Claims of Copy­right Infringement.