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MEMBERSHIP TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. UP ON GREEN (“UP”) membership IS SUBJECT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT BECOME AN Up MEMBER. BY ESTABLISHING AN UP MEMBERSHIP, YOU AGREE THAT THESE TERMS AND CONDITIONS OF USE REPRESENT THE ENTIRE AGREEMENT CONCERNING YOUR MEMBERSHIP, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING WITH RESPECT TO THAT MEMBERSHIP. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND UP HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.

1. MEMBERS. All UP ON GREEN (“UP”) members must be either businesses or individuals that are at least 18 years old and legally able to agree to these Terms and Conditions. Members must meet the individual/business criteria requirements for Membership. Each Member represents and warrants to UP the individual/business criteria appliction provided to UP is accurate and complete. UP Members have certain rights and privileges that may be provided by UP from time to time during the term of their membership, which may include access to the UP web site (the “Site”) for the purpose of posting information, and the right to claim UP Membership and to assert that Membership with the use of the UP trademark and logotype as provided in these Terms and Conditions.

2. MEMBERSHIP ACCOUNT. Members will choose a username and password to use in accessing the Site for purposes of using the Services. The Member’s username and password will allow the Member to post and modify information, images and other content on the Site as permitted by UP from time to time. Members must not share that username and password with any other party. Each Member assumes responsibility for any unauthorized use of the Member’s username or password, and must promptly inform UP of any actual or suspected unauthorized use.

3. TERM AND TERMINATION. Each membership is for a period of one year, unless otherwise given notice by UP. Memberships may be renewed for additional one year periods upon re-completion of the individual/business criteria application and payment of the applicable membership fee.

UP may at any time terminate or suspend any Membership as a result of non-payment, breach of these Terms and Conditions, or as a result of a failure to maintain the requirements for UP Membership. Upon notice from UP of the termination of Membership, the affected Member will promptly cease use and cease display of all UP trademarks, logotypes and other indicia of UP Membership, and any other public representation, display or communication that indicates or implies UP Membership.

The provisions of Sections 1, 5, 6, 8 and 10 through 16 of these Terms and Conditions will survive the expiration or termination of any membership for any reason.

4. SECURITY. Members may not interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or the networks connected to the Site, and Members must abide by the security policies adopted by UP. Members acknowledge and agree that UP may monitor their access and use of the Site for security purposes. UP may at any time terminate or suspend any Member’s access to the Site as UP considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. UP may also impose limits on certain features and functions of the Site, or restrict any Member’s access to the Site without notice or liability. UP will not be obligated to provide any refund of fees for Member Site accounts that are suspended or terminated.

5. MEMBER CONTENT. All information, images and other content that Members post on the Site (the “Member Content”) must (i) comply with any rules and restrictions as UP may impose with respect to the UP Site for which the Member Content is posted, (ii) not be offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal, and (iii) not contain any virus, worm, Trojan horse, time bomb or other harmful or disabling device or code, (iii) not constitute or encourage conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate law, and (iv) not violate, plagiarize or infringe the rights of third parties whether of a proprietary nature or otherwise.

UP may modify or delete any posted Member Content in its sole discretion, but UP is not obligated to do so. UP is not responsible for any loss, damage or expense arising from or relating to Member Content.

Members grant UP a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) modify and create derivative works based upon the Member Content, and (ii) reproduce, display and distribute the Member Content, modified Member Content and derivative works based upon the Member Content.

6. TRANSACTIONAL DATA. “TRANSACTIONAL DATA” means all information collected by UP, or to which UP has access, that relates to the Member’s use of the Site, and the environmental practices information submit by the Member through the Site.

Individual Members grant UP a perpetual, worldwide, irrevocable, fully-paid, royalty-free license, with the right to grant sublicenses, to (i) use TRANSACTIONAL DATA in any manner for UP’s business purposes, including the provision of services to UP customers and other third parties, (ii) prepare and distribute reports and analyses of TRANSACTIONAL DATA, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose TRANSACTIONAL DATA that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their business purposes.

Members that are businesses grant UP a perpetual, worldwide, irrevocable, fully-paid, royalty-free license, with the right to grant sublicenses, to (i) use TRANSACTIONAL DATA in any manner and for any purpose, and (ii) prepare and distribute reports and analyses of TRANSACTIONAL DATA, including reports and analyses that disclose the Member business’ identity, and (iii) distribute, disclose, publish and display TRANSACTIONAL DATA in any form.

7. TRADEMARK LICENSE. UP grants each Member the right to use the UP trademark and logotype, subject to the terms and conditions of the UP Trademark Usage Policy. Members cannot grant any sublicense or other rights with respect to the UP trademark or logotype, and each Member will cooperate with UP in its efforts to ensure the proper use of the UP trademark and logotype, including granting the audit rights described in the UP Trademark Usage Policy.

8. INTELLECTUAL PROPERTY. Each Member acknowledges and agrees that all information and content that is accessed or made available through the Site, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of UP, its Members or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content. Any software that is accessed or made available through the Service may be used only for the purpose of the Site. You may not reverse engineer, decompile or disassemble that software, or attempt to do so.

9. LIMITED WARRANTY. UP WARRANTS THAT UP DECALS PURCHASED THROUGH THE SITE WILL BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE YEAR. UPON REQUEST, UP WILL REPLACE ANY DECALS THAT VIOLATE THIS WARRANTY. ALL DEFECTIVE DECALS OR SIGNAGE MUST BE RETURNED TO: UP ON GREEN at P.O. BOX 793, PRIOR LAKE, MN 55372.

10. WARRANTY DISCLAIMERS. WITH THE EXCEPTION OF THE FOREGOING WARRANTY, MEMBER SERVICES AND ALL PRODUCTS PURCHASED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH OTHER PRODUCTS OR SERVICES, EXPRESS, IMPLIED OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH UP HEREBY EXPRESSLY DISCLAIMS. ALL MEMBERSHIP AND PRODUCT SALES ARE FINAL.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

UP DOES NOT GUARANTEE THAT ACCESS TO THE SITE OR MEMBER SERVICES WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT THE INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SITE WILL BE USEFUL OR THAT IT WILL SATISFY ANY PARTICULAR REQUIREMENTS. UP WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE, BUT UP WILL USE REASONABLE EFFORTS TO CORRECT ANY MATERIAL PERFORMANCE PROBLEM BROUGHT TO ITS ATTENTION.

11. LIMITATION OF LIABILITY. UP WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO THE SITE OR ANY MEMBER PRODUCTS OR SERVICES, ANY MEMBER’S USE OF THE SITE, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UP.

IN NO EVENT WILL UP’s LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF UP SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR EXCEED THE AMOUNT OF FEES PAID IN THE SIX MONTHS PRIOR TO THE CLAIM FOR DAMAGES.

12. INDEMNIFICATION. Members will indemnify and hold UP harmless from all cost, liability and expense arising out of their Membership and the use of the Site. This indemnification will include, but not limited to, third party claims related to Member Content made accessible through the Site.

13. ASSIGNMENT. UP may assign its rights and obligations under these Terms and Conditions without your consent. Members may not assign any of their rights and obligations under these Terms and Conditions without the prior written consent of UP.

14. NOTICES. Any notice permitted or required to be given by you under these User Terms and Conditions will be deemed given and effective when sent to UP at: UP ON GREEN P.O. BOX 793, PRIOR LAKE, MN 55372. Any notice permitted or required to be given by UP under these User Terms and Conditions will be given and effective when sent to the affected Member at the e-mail address provided in at the time of registration for Membership.

15. GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and each Member consents to the jurisdiction of such courts.

16. GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative. In the event that any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right