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Last updated 03/13/2024
1. License Grant
The EVERGREEN Website is provided by EVERGREEN Alliance, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non- transferable license to use the EVERGREEN Website and any programs, services, tools, materials, or information made available through or from the EVERGREEN Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the EVERGREEN Website (i) on a single laptop, workstation, or computer and (i) from the Internet or through an on- line network. You may also load information from the EVERGREEN Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the EVERGREEN Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the EVERGREEN Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with EVERGREEN Alliance regarding access and usage privileges for the EVERGREEN Website, including, without limitation, a member services agreement with EVERGREEN Alliance. Nevertheless, your personal use of the EVERGREEN Website will be subject to the obligations and restrictions regarding use of the EVERGREEN Website as set forth in this TOS.
2. Restrictions
The EVERGREEN Website is provided by EVERGREEN Alliance, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non- transferable license to use the EVERGREEN Website and any programs, services, tools, materials, or information made available through or from the EVERGREEN Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the EVERGREEN Website (i) on a single laptop, workstation, or computer and (i) from the Internet or through an on- line network. You may also load information from the EVERGREEN Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the EVERGREEN Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the EVERGREEN Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with EVERGREEN Alliance regarding access and usage privileges for the EVERGREEN Website, including, without limitation, a member services agreement with EVERGREEN Alliance. Nevertheless, your personal use of the EVERGREEN Website will be subject to the obligations and restrictions regarding use of the EVERGREEN Website as set forth in this TOS.
3. User Obligations
By downloading, accessing, or using the EVERGREEN Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting Information or materials on the EVERGREEN Website, including, without limitation, when you provide information via a EVERGREEN Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, EVERGREEN Alliance reserves the right to terminate immediately your access to and use of the EVERGREEN Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the EVERGREEN Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive, or which is made available from EVERGREEN Alliance in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the EVERGREEN Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the EVERGREEN Website is solely at your own risk. While EVERGREEN Alliance has endeavored to create a secure and reliable EVERGREEN Website, you should understand that the confidentiality of any communication or material transmitted to/from the EVERGREEN Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, EVERGREEN Alliance is not responsible for the security of any information transmitted to or from the EVERGREEN Website. You agree to assume all responsibility concerning activities related to your use of the EVERGREEN Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the EVERGREEN Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the EVERGREEN Website shall only be available through the sole discretion of EVERGREEN Alliance or pursuant to the terms and conditions of a separate written agreement with EVERGREEN Alliance.
4. Delivery of Information
When using and/or to facilitate the operation of certain features of the EVERGREEN Website, you may provide EVERGREEN Alliance with additional content or information (a “Posting”). In connection with delivering and providing to EVERGREEN Alliance any such Posting, you hereby and automatically grant to EVERGREEN Alliance a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the EVERGREEN Website and EVERGREEN Alliance’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide EVERGREEN Alliance with reasonable proof thereof (if requested)) required for EVERGREEN Alliance to use such content or information in connection with EVERGREEN Alliance’s services and the EVERGREEN Website. Notwithstanding the foregoing, you acknowledge and agree that EVERGREEN Alliance shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use the EVERGREEN Website in a timely or accurate manner. Moreover, EVERGREEN Alliance assumes no responsibility for the deletion of or failure to store any content or information.
5. Other Teams and Conditions
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the EVERGREEN Website, and/or to other specific portions or features of the EVERGREEN Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the EVERGREEN Alliance membership benefits until you execute and EVERGREEN Alliance accepts EVERGREEN Alliance’s member services agreement with EVERGREEN Alliance. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the EVERGREEN Website, the latter terms shall control with respect to your use of that portion of the EVERGREEN Website. EVERGREEN Alliance’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
6. User Name Handling Policy
Registration as an Authorized User for access to certain areas of the EVERGREEN Website may require both a username and a password. Only one Authorized User can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your username and password can gain entry to the EVERGREEN Website and to your account. Accordingly, by using the EVERGREEN Website, you agree to consider your username and password as confidential information and to keep your username and password confidential. You also agree not to use another Authorized User’s username and password. You will immediately notify EVERGREEN Alliance if you become aware of any loss or theft of your password or any unauthorized use of your username and password. EVERGREEN Alliance cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. EVERGREEN Alliance reserves the right to delete or change (with notice) a username or password at any time and for any reason.
7. Privacy Policy
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the EVERGREEN Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the EVERGREEN Website, you acknowledge and agree that your use of the EVERGREEN Website will constitute acceptance of EVERGREEN Alliance’s personal identifying information collection and use practices. Please see EVERGREEN Alliance’s Privacy Policy for EVERGREEN Alliance’s personal identifying information collection and use practices.
8. Postings
This EVERGREEN Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the EVERGREEN Website contains such communication forums (collectively, “Forums”), you agree that by using the EVERGREEN Website you will not post or transmit any of the following materials on the EVERGREEN Website’s Forums: