Welcome to Your Green Homestead! Our mission is to inspire people to use sustainability principles and analysis in the design of their households. We consider the practice of reviewing and sharing opinions about rules, regulations, terms & conditions, and policies governing various communities, organizations, and households to be sustainable. We encourage the users of Your Green Homestead online community to provide their feedback about the outlined below Your Green Homestead Terms & Conditions in the forum named YGH Governancededicated to these topics.
1. Acceptance of Terms
Thank you for using Your Green Homestead! These Terms & Conditions (“Terms”) are a legal agreement between you and Your Green Homestead and govern your use and access to Your Green Homestead service, including our forum discussions, communication and review tools, mobile applications, ecommerce tools, and other services (collectively the “Service”) that are made available through the website https://yourgreenhomestead.com (the “Site”).
You are prohibited from creating or using a Your Green Homestead account or otherwise using the Service if you are not legally capable of entering into contracts, for example, if you are not the age of majority in your Country of Residence. If you are not the age of majority in your country or region, you may only create or use a Your Green Homestead account with the supervision and consent of a parent or guardian or alternatively through a special student account created by a teacher, provided the teacher has obtained signed consent from your parent or guardian. By using our Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not, you must not access or use the Service.
Your Green Homestead reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all Service thereafter. You agree to review the Agreement periodically to be aware of such modifications and your continued use of the Service shall be deemed to be your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Service in our sole discretion without notice. From time to time we may restrict access to some parts or all of the Service to users.
2. Description of Service
Our web-based Service allows users who register for an account (each an “Account Holder”) to create and update an online Profile. Once registered, each Account Holder receives his or her own Profile and may post “Content” (defined in Section 8). Any new features on the Service, including the release of new Your Green Homestead tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the Your Green Homestead Newsletter. These communications are considered part of Your Green Homestead community membership. You may not access the Service by any means other than through the Service interfaces we provide you.
Your Green Homestead cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any content or products provided on this Service. Your Green Homestead expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Service by users. You bear sole responsibility for your own research and decisions.
To register as an Account Holder, you must provide us with a valid email address and other personal information (“Registration Data”). You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Your Green Homestead has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from creating or using accounts through YourGreenHomestead.com. Students under the age of 13 may, however, use Your Green Homestead through special student accounts created by their teachers, provided the teacher has obtained signed parental consent from the student’s parents.
5. Your Account and Security
You are responsible for maintaining the security of your account for all activities that occur or actions taken under the account or in connection with the Site. Account Holders agree not to allow any third party to use their Registrant Profile to access the Site and to safeguard the information that would allow another person or entity to access the Site by using their Registrant Profile to keep all such information confidential. No part of your Profile may be transferred or sold to another party. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Your Green Homestead or any of its affiliates, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
6. Proprietary Rights
The Site and Service are owned by Your Green Homestead. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by Your Green Homestead or other unaffiliated third parties, that are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Your Green Homestead or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through Your Green Homestead are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Your Green Homestead be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.
“Materials” means any and all software, text, software documentation, designs, “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through Your Green Homestead or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through Your Green Homestead or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Your Green Homestead. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of Your Green Homestead or the respective third-party Mark owner.
By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your Your Green Homestead account only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.
7. Your rights in your Content
Your Green Homestead does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.
These types of content are not allowed on Your Green Homestead:
Copyrighted Content: data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials that you do not own the rights to.
Adult: involving nudity in a sexual context, exposed genitalia or adult themes.
Hate Speech: content that promotes violence or incites hatred against certain individuals or groups, such as race, religion, ethnicity, gender, or sexual orientation. The foregoing are examples, and not meant to constitute an exhaustive list of individuals or groups that may be the target of hate speech.
Spam/SEO: content which sole purpose is to gain Google ranking, Facebook “likes”, etc., including collection of data using automated means without our prior permission.
Phishing: content meant to trick users into providing their username and password.
Illegal Content: content which may be illegal in the United States or under the laws of other countries.
Scams: get rich quick, pyramid/MLM, or other dubious schemes.
Injurious Experience: content using the “Custom HTML” element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, viruses/malicious code, or content that could provoke seizures in unsuspecting visitors.
Illegal/Inappropriate Products: pages that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights or Your Green Homestead Terms and policies using the forum YGH Governance.
8. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on the Service (“Content”) are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of Your Green Homestead’s eCommerce platform (collectively, “Platform Data”). Your Green Homestead owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit or otherwise make available any Content that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Your Green Homestead user to access the Service;
is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or
is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
B. harm minors in any way;
C. “stalk,” “bully,” or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Your Green Homestead employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
F. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
G. intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
H. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
I. use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
J. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
K. exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
L. post Content that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
M. use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;
N. Abuse our customer support services or agents; or
O. Take any other action while using the Service that is detrimental to the Service or Your Green Homestead’s reputation, as determined by Your Green Homestead in its sole discretion.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
12. Money Back Guarantee
All paid Your Green Homestead vendor accounts, except month-to-month accounts, include a 30-day money back guarantee. If you are dissatisfied with such account service for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. Please submit your refund requests using Your Green Homestead CONTACT US form. At any time during your contract term, you may upgrade or downgrade your service with Your Green Homestead. In the event of a service downgrade, a prorated credit will be issued to your Your Green Homestead account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with Your Green Homestead, and cannot be refunded to you in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.
13. Commercial Transactions.
Purchases. Products and/or services are offered for sale through the Site. In the event you wish to purchase any of these products or services, you will be asked by Your Green Homestead or an authorized third party (such as a vendor of Your Green Homestead MarketPlace) to supply certain personally identifiable information (“PII”), including without limitation, your full name, address, telephone number and credit card information. You agree to provide Your Green Homestead or such third party with accurate, complete and current information at all times, and to comply with the terms & conditions of any agreement with vendors in Your Green Homestead MarketPlace that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as any shipping and applicable taxes.
Payment. Your right to use any service or product that is available for purchase through the Site is conditional on our receipt of payment for such service or product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Your Green Homestead reserves the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
14. Links to Third Party Websites
Your Green Homestead is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. Your Green Homestead does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Your Green Homestead be liable to you or any third party for your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce and payment services, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
You will indemnify, defend, and hold harmless Your Green Homestead, and its licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, or (c) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
16. Disclaimer of warranties
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. YOUR GREEN HOMESTEAD DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING OUR SERVICE.
E. THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER YOUR GREEN HOMESTEAD USERS, WE USE SERVICES OF CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF YOUR GREEN HOMESTEAD. YOUR GREEN HOMESTEAD IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY YOUR GREEN HOMESTEAD DOES NOT IMPLY AN ENDORSEMENT THEREOF BY YOUR GREEN HOMESTEAD, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.
F. NEITHER YOUR GREEN HOMESTEAD NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
G. YOUR GREEN HOMESTEAD AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
17. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUR GREEN HOMESTEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOUR GREEN HOMESTEAD, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 20 AND 21. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
19. U.S. Government Restricted Rights
The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. If your Country of Residence is the United States or Canada, these Terms and the relationship between you and Your Green Homestead shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and Your Green Homestead agree to submit to the personal and exclusive jurisdiction of the courts located within Nashville, Tennessee. If your Country of Residence is the United Kingdom, Ireland, or anywhere except the United States, Canada, Japan, or Australia, these Terms and the relationship between you and Your Green Homestead shall be governed by the laws of England and Wales. If your Country of Residence is the Japan these Terms and the relationship between you and Your Green Homestead shall be governed by the laws of Japan. If your Country of Residence is Australia, these Terms and the relationship between you and Your Green Homestead shall be governed by the laws of Victoria. The failure of Your Green Homestead to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Please report any violations of these Terms using the forum YGH Governance.
Who we are
We may use information shared with us for any legal purpose, including to run and improve our Site and for marketing purposes, but in each case solely in accordance with applicable law, the scope of your consent to use such information (if applicable) and, where Your Green Homestead acts as a data processor for a data controller, solely on the basis of instructions from such data controller. For example, our Site includes an e-commerce platform where our user (or Vendor) is the data controller and Your Green Homestead is a data processor. As a data processor, Your Green Homestead does not have a direct relationship with the person (Customer) whose personal information we collect and process at the direction of our user (i.e. the data controller). If you are a customer of one of these users and no longer want to be contacted by that user or want to access and change the personal information we collect and process as a data processor, please contact the user you interacted with directly. By using yourgreenhomestead.com, you agree to the collection and use of the information in accordance with this policy.
What personal data is collected by Your Green Homestead?
Your Green Homestead may collect personal information as further described below through: (a) Personal Information provided by you, (b) Automatically Collected Information, (c) Billing Information, (d) Cookies and Other Tracking Technologies, (e) Third Party Analytics Data, (f) Mobile App-Based Data and (g) Cross-App and Cross-Device Information. We do not collect or use “sensitive consumer information” and do not offer or sell to any third party any data based on sensitive consumer information.
(a) Personal Information provided by you. We collect personal information (e.g., name, email address, phone number, and other information that we can use to identify or contact you as an individual) when you:
register an account with us,
contact our customer support services,
enter our promotions or contests,
post content on Your Green Homestead website, forum, or blog.
We use this personal information in order to provide you with our service, to respond to billing inquiries, and keep you updated with news from Your Green Homestead online community members, the Site, and our partners in accordance with your consent preferences as applicable.
(b) Automatically Collected User Information. When you access and use our Site we automatically collect and store, in log files, your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, and other user information as part of our Service analytics (individually and collectively, “Automatically Collected Information”). We do not link this Automatically Collected Information to other information we collect about you and such Automatically Collected Information does not directly identify you as a person.
(c) Billing Information. If you sign up for a Vendor account or purchase another paid service, we require your billing information in order to process the transaction. Billing information includes your name, address, telephone number, credit card details, PayPal email address, and other information necessary to process the transaction. We will retain the last 4 digits of your credit card number, credit card type, name, address, and some other billing information, so that you may identify that card used in the future. Your Green Homestead does not store your full credit card number or CVV2. This information is discarded after your transaction has been processed.
First party cookies – Used to provide basic functionality of our Site, including for authentication and security purposes, configuration, and support.
Third party cookies – Used to enable certain analytics and tracking tools, as well as interest based advertising and chat functionality.
Session cookies – Used to enable certain analytics and tracking tools, interest based advertising, as well as for app configuration, monitoring tools, to pin user session to a specific server, and to prevent cross site request forgery.
Persistent cookies – Provides functionality of first party cookies and third party cookies across sessions.
You can control the use of certain cookies at the individual browser level or in your operating system preferences. If you opt-out of such cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. You can find out more about your rights in relation to cookies and how to control them here: http://www.allaboutcookies.org/.
(e) Third Party Analytics Services. Some parts of our Service use third party analytic services to help us create a better user experience.
Google. You can opt-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
(f) Do Not Track. Currently, we do not support Do Not Track or “DNT.” DNT is a preference you set in your web browser to tell visited websites you do not want to be tracked. You can enable or disable DNT through the preferences or settings of your web browser.
How your personal information is used by Your Green Homestead?
We collect personal information about you when you request to engage with our Site for a variety of uses based on different reasons. For example, some of the information we collect from you we need to enable us to deliver the services to you, sometimes we are required by law and regulations to collect and process this information about you, at other times, we consider it is in our legitimate business interests to collect and process this information, taking into consideration your privacy rights.
We use information about you for a number of purposes:
To provide a requested service or carry out a contract with you.
Personal information you provide to us. We use this personal information in order to provide you with our service, to respond to billing inquiries, and keep you updated with news about Your Green Homestead, our Site, and our partners.
User Site Membership/Registration. When you register, or are invited to register, we store and use your information solely to provide administrative services in support of our member feature (such as account set-up and password reset).
Where we have your consent
Marketing Communications. To send you marketing communications from us or any of our members and partners where you have given your consent to this or it is otherwise lawful for us to do so. You can choose not to receive any of these marketing communications by following the unsubscribe instructions included in these emails (where applicable). You may also notify us by using the details in the contact us section below.
Testimonials. We display personal testimonials of satisfied customers on our Site in addition to other endorsements. Where you agree to this, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
Phone Calls and Messages.
Your Green Homestead may contact you at any telephone number you have provided us, including phone numbers you have made publicly available on your website(s) listed in Your Green Homestead profile for:
Debt collection; or
As necessary to service your account or enforce our Terms & Conditions and policies, applicable law, or any other agreement we may have with you.
We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
If you do not wish to receive such communications, you may change your preference in your account settings (Edit Profile) or by sending us an email at any time.
Where we have a legitimate interest
Investigating, detecting and preventing or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities or to otherwise help protect your account. We do this as we are required by law to ensure effective fraud prevention processes are in place. We also do this to prevent our Site from being misused for fraudulent activities which is in our legitimate interests as a provider of the services and other payment processing services.
Protecting our, our customers’, or your customers’ rights or property, or the security or integrity of our Site. We do this as we are required by law and in our legitimate interest to prevent our Site being misused for fraudulent activities.
Contacting you to resolve disputes, collect fees and provide assistance with our Site. We process this information given our legitimate interest providing you with our services, to measure the adequate performance of our contract with you, and to comply with applicable laws.
Conducting surveys and collecting feedback about our Site. We do this to pursue our legitimate interests to understand if the Site is helpful to you and to evaluate the effectiveness of any updates we provide.
Providing, maintaining and improving our Site. It is in our legitimate business interests to continue to maintain our product and service offering to individuals in order to keep running our business.
Developing new products and services. It is in our legitimate business interests to continue to improve our product and service offering to individuals in order to develop and grow our business.
Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with our Site. We need to communicate with you to fulfill our own obligations or meet your requests that arise from the Terms & Conditions between you and us and we need your identification information in order to deliver this information to you. If you do not provide this information, we will not be able to fulfill our obligations or meet your requests under the Terms & Conditions.
Improving, personalizing, and facilitating your use of our Site. For example, when you sign up for an account, we can associate certain information with your new account, such as information about other accounts you had or currently have, and prior transactions you made using our Site. We do this in order to ensure our legitimate interests that content from our Site is presented in the most effective manner for you.
Measuring, tracking and analyzing trends and usage in connection with your use or the performance of our Site. We want to understand how current products and services are used in order to develop and enhance our products in our legitimate interests. In order to ensure that our legitimate business interests of striving to deliver a consistent, secure and continuous service are met, we need to carry out certain analytics on the performance of our Site.
For any other purpose disclosed to you in connection with our Services from time to time. If we intend to process your personal data for a purpose other than that set out above, we will provide you with information prior to such processing and will obtain your consent where necessary.
Some of our processes for how we use your information can involve profiling, automated processing and automated decisions. We need to do this to meet our own contractual obligations, to comply with applicable law (i.e., for fraud prevention purposes or where we have a good faith belief we are under a legal or regulatory obligation to do so), and as it’s in our legitimate business interests to engage in such automated processing.
Fraud and crime detection and prevention: We have developed processes, for the purposes set out above, to check that our Site is not being used for fraudulent purposes. We will consider information you provide to access our Site, information you provide to enhance your experience, information we automatically collect from your use of our Site, and information we collect from other sources. We regularly check that our processes are up to date and implemented robustly and fairly to ensure that we can deliver the Site to you and that it is safe to use. If we believe in good faith that our fraud and crime prevention processing detects activities or use of our Site which could be used for fraudulent or criminal activities, we may not be able to provide our services to you.
Product development and creation: We can process the information you provide to us, the information we collect from your use of our Site and the information we obtain from third parties automatically to improve our products and develop new products. The information we use will help us to understand what is important to our users, and how we can create better products and services.
Marketing: With your consent we can process the information you provide to us, the information we collect from your use of our Site and the information we obtain from third parties automatically to market new products and services to you by using cookies to serve ads to you.
Who does Your Green Homestead share your personal information with?
Completion of Transactions. Your Green Homestead may share your personal information on a secured basis where it is necessary to complete a transaction; to operate, improve, or communicate to you about the Site; to detect fraud or compliance with export regulations; or to do something that you have asked us to do. We use other third parties such as payment processors to bill you for goods and services. These third parties are authorized to use your personal information only as necessary to provide these services to us and are prohibited from using your personal information for promotional purposes.
Research, Promotions, and Contests. From time to time, Your Green Homestead or a partner may sponsor a research panel, promotion, or contest on Your Green Homestead. You may be asked to provide personal information including name, email address, or home address, or to answer questions in order to participate. This information will be used strictly for purposes of the research panel, promotion, or contest administration and fulfillment, as well as for internal business purposes.
Third Party Marketing. Your Green Homestead may share anonymized and/or aggregated information with third parties for their marketing, advertising, promotion, or other uses. In addition, from time to time we may share your personal information with third parties who want to promote goods and/or services that we think would be of interest to you. If you are located in the EU, we will only share your personal information for any marketing purposes where you have consented to this after being provided with information on the concerned third parties or where it is otherwise lawful to do so. If you want us to stop sharing your contact information with third parties, you may notify us through the details in the contact us section below.
Publicly Accessible Information. If you post personal information online that is accessible to the public, like blogs, you may receive unsolicited messages from other parties in return. Any information you provide in these areas may be read, collected, and used by others who access them. To have your personal information removed from our blog or community forum, submit a request through the details in the contact us section below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
With our Affiliates. We may share personal information with our affiliates. This is necessary to provide our Site to you and fulfill our obligations in our Terms & Conditions and in our legitimate interest to do so.
How long does Your Green Homestead retain your personal information?
As further described below, we will retain your information for as long as your account is active or as needed to provide you our services, but in no event longer than permitted by applicable law.
Notwithstanding the foregoing:
Your Green Homestead uses Automatically Collected Information and Mobile App-Based Data for no more than 13 months.
We maintain stored data for a period of up to 24 months in order to comply with audits, court order or law enforcement inquiries and for the purpose of ensuring that our technology is functioning properly, and preventing fraud across our Service.
After 24 months, all of the stored data is destroyed. Summarized data consisting of aggregated statistical data or other anonymous data may be kept indefinitely.
When determining the relevant retention periods, we will take into account factors including:
our contractual obligations and rights in relation to the personal information involved;
legal obligation(s) under applicable law to retain data for a certain period of time;
statute of limitations under applicable law(s);
(potential) disputes, and
guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information once this is no longer needed.
How does Your Green Homestead keep your personal information safe?
We take reasonable steps to put in place appropriate physical, electronic, and procedural safeguards to protect the integrity and security of personal information about you and to prevent unauthorized or unlawful processing of personal information and the accidental loss, destruction, or damage to personal information. These measures include internal reviews of our data collection, storage and processing practices and security measures (Strong password protection and industry standard SSL-encryption to protect data transmissions), as well as physical security measures to guard against unauthorized access to systems where we store data.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
However, data transmissions over the Internet and methods of electronic storage are not 100% secure. Consequently, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk.
When visitors leave comments on the site, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
What data breach procedures we have in place
If Your Green Homestead learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on our Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Site. In these circumstances, we may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) submit a request through the details in the contact us section below.
What are your Privacy Rights?
Your Green Homestead as Data Controller. Upon request, we will provide you with information about whether we hold or process your personal information on behalf of third parties. You can access and edit your account information with Your Green Homestead at any time by logging into your account. You can also contact us via the details in the contact us section below, and we will respond as soon as possible, but at most within 30 days.
You can delete your applicable account by visiting the applicable account deletion page; however, some personal information, primarily your contact information, may remain in our records to the extent necessary to protect our legal interests or document compliance with regulatory requirements, in each case solely to the extent permitted by applicable law.
If your personal information changes, or if you no longer wish to use our Site, you may correct, update, or delete such information by making the change on your user account page, or by submitting a request through the details in the contact us section below.
Your Green Homestead as Data Processor. Your Green Homestead acknowledges you have the right to access and change the personal information we collect and process as a data processor. An individual who seeks to access or to correct, amend, or delete personal information should direct their request to Your Green Homestead user (Vendor) who is the data controller, and not to Your Green Homestead directly. If the data controller requests Your Green Homestead remove personal information, we will respond within a reasonable timeframe.
Users in the European Union only:
Under EU Regulation 2016/679 of the European Parliament and the Council; the General Data Protection Regulation (“GDPR”), you have a number of rights when it comes to your personal information. Further information and advice about your rights can be obtained from the data protection regulator in your country of residence within the EU. You can exercise any of these rights by contacting us through the details in the contact us section below.
The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Policy.
The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in personal information that we hold by writing us on the email address below.
The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
The right to restrict processing. You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
The right to data portability. You have rights to obtain and reuse your personal data for your own purposes across different services. This is not a general right however and there are exceptions.
The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing (i.e. receiving emails from us notifying you about other services we provide which we think may be of interest to you or being contacted with varying potential opportunities). You may change your preferences regarding email communications by visiting one of our preference centers listed below.
The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection regulator.
The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e we rely on consent as a legal basis for processing your personal information), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal information at any time.
We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for baseless or excessive/repeated requests, or further copies of the same information. Alternatively, we may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We will respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.
Attention: Legal – Privacy
Your Green Homestead
P.O. Box 11
Brentwood, Tennessee 37024 USA
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider at this link. Alternatively, you may contact your local data protection authority to raise any concerns or complaints.