Terms & Conditions

Last updated: May 25, 2023

Acceptance of the Terms and Conditions

Together with the Privacy Policy, this Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may use this website (the “Website”). Please read this Agreement carefully. Your use of the Website constitutes an agreement with this Agreement and the Privacy Policy. The Website contains various information relating to SustainableIT.Org, Inc. (“SustainableIT” or “we”) in the form of text, graphics, news, written standards, images, video, audio, reports, and other materials (tangible or intangible) and the design, selection, and arrangement thereof (“Content”).

By using this Website, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you object to anything in this Agreement or the Privacy Policy, do not use this Website. We reserve the right to amend this Agreement at any time by posting the amended terms on our Website.

Restrictions on Use of Materials

The Website and all Content are the intellectual property of SustainableIT. You acknowledge that the Content is protected by United States and international copyright, trademark, service mark, trade secret, and other intellectual property or proprietary rights laws, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of SustainableIT.

Except as permitted by a separate written agreement between you and SustainableIT, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, creative derivative works from, or in any way exploit any SustainableIT intellectual property, in whole or in part. No right, title, or interest in or to the Website and Content is transferred to you and all rights not expressly granted are reserved by SustainableIT. Any use of the Website not expressly permitted by this Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws.

The Website and Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without SustainableIT’s prior written consent, except that SustainableIT grants you non-exclusive, non-transferable, limited and revocable permission to:

access and display the Web pages within the Website, for your personal, non-commercial (unless you have a business relationship with SustainableIT) use of the Website;
create a hyperlink to the Website so long as the link does not portray SustainableIT and its affiliates in a false, misleading, derogatory, or otherwise offensive manner; and
print or download copies of the Content, provided that these copies are made only for personal, non-commercial use.

These permissions are conditioned on your not modifying the Content, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Website.

Your failure to comply with the terms, conditions, and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, SustainableIT does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Disclaimer of Warranty

USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SUSTAINABLEIT, ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SUSTAINABLEIT PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. NONE OF THE SUSTAINABLEIT PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.

WITHOUT LIMITATION, THE SUSTAINABLEIT PARTIES MAKE NO WARRANTY OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT SHALL ANY OF THE SUSTAINABLEIT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the SustainableIT Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website and any use of the Content other than as expressly authorized in this Agreement, or your use of any information obtained from the Website.

Links to Other Websites

This Website may contain links to other websites and to material contained on other websites (“Third-Party Websites”). SustainableIT is not responsible for the content of Third-Party Websites and disclaims all liability in respect to such content.

Reporting Claims of Copyright Infringement

If you believe any materials accessible on the Website infringe upon your copyright, you may request removal from this Website by contacting SustainableIT at info@sustainableit.org, or 1450 Veterans Blvd, Suite 120, Redwood City, CA 94063.

Use of Personally Identifiable Information

SustainableIT’s practices and policies with respect to the collection and use of personally identifiable information is governed according to SustainableIT’s Privacy Policy.

User Must Comply with Applicable Laws

This Website is based in California. SustainableIT makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Website from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Miscellaneous

Nothing in this Agreement makes either party the partner, joint venturer, employer, contractor, or employee of the other. In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. SustainableIT’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Website shall be filed only in the state or federal courts located in the State of California, County of San Mateo, and you agree to the exercise of personal jurisdiction of such courts by litigating any such claim or action. Any cause of action you may have with respect to the Content, Website or this Agreement must be commenced within one (1) year after the claim or cause of action arose or be barred. You agree to use the Content and Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.