Last Modified: March 6, 2017
This Member Site is offered and available to users who are affiliated with an existing organizational member of TSC (“TSC Member”) or whom TSC has expressly authorized to access and use this Member Site. By registering to use and/or using this Member Site, you represent and warrant that you are of legal age to form a binding contract with TSC and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, please contact TSC at http://www.sustainabilityconsortium.org/contact/ for information on how you may become eligible.
Accessing the Member Site and Account Security
To access the Member Site, you will be required to register for an account and asked to provide certain registration details or other information. It is a condition of your registration and continued use of the Member Site that all the information you provide on the Member Site is and remains correct, current and complete.
You are responsible for:
· Making all arrangements necessary for you to have lawful and authorized access to the Member Site.
· Maintaining the confidentiality of your user name and password (“Login Credentials”)
· All use of the Member Site by any person who has logged into the Member Site with your Login Credentials
· Reading, abiding by and complying with the TSC Antitrust Policy
· Reading, abiding by and complying with the TSC Marketing Policy
You must treat your Login Credentials as confidential, and you must not disclose them to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Member Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
TSC reserves the right to withdraw or modify this Member Site, and any service or material TSC provides on the Member Site, in our sole discretion without notice. TSC will not be liable if for any reason all or any part of the Member Site is unavailable at any time or for any period. From time to time, TSC may restrict access to some parts of the Member Site, or the entire Member Site.
Intellectual Property Rights
The Member Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Materials”), are owned by University of Arkansas and Arizona State University, its licensors or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. The Materials includes, without limitation, the following:
· the TSC Body of Knowledge – a compilation of research, articles, publications, data, expert commentary, market data, dossiers and other original and third party materials across a broad spectrum of consumer product categories that are pertinent to the sustainability aspects of a consumer product over its entire life.
· the TSC Sustainability Toolkits (whether already published or currently under development), consisting of Category Sustainability Profiles (CSP) and Category Sustainability Snapshot (CSS).
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Materials available on the Member Site for your own personal, non-commercial use and/or internal business use, provided that it is not for further reproduction, publication or distribution outside of the TSC member organization with which you are associated.
You must not:
· Modify the Materials on this site, except in the course of providing commentary or feedback to TSC.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or Materials of which they are a part.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of Materials on this site.
· Access or use for any commercial purposes, other than in connection with your participation as a TSC member, any part of the Member Site or any services or Materials available through the Member Site.
If you wish to make any use of material on the Member Site other than that set out in this section, please contact http://www.sustainabilityconsortium.org/contact/.
The TSC name, TSC logo, and all related product and service names, logos, designs and slogans are trademarks of TSC. You must not use such marks without the prior written permission of TSC. All other names, logos, product and service names, designs and slogans on this Member Site are the trademarks of their respective owners.
The Member Site is intended, in part, to be a collaborative environment in which TSC Members can interact with TSC and other members for the purpose of advancing the TSC mission, building upon the existing TSC Body of Knowledge and developing and improving the TSC Product Sustainability Toolkits. The Member Site is developed on the MS SharePoint platform and from time to time may contain message boards, collaboration sites, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") ideas, comments, content or materials (collectively, "User Contributions") on or through the Member Site.
You represent and warrant that when posting User Contributions:
You understand and acknowledge that you are responsible for any User Contributions submitted under your account, and you, not TSC, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
TSC is not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Member Site.
You agree that your use of the Member Site, including but not limited to through the use of any Interactive Services on the Member Site, is governed by TSC’s Antitrust Policy shown in Appendix 1, and that you will comply in all respects with the Antitrust Policy while using the Member Site.
· In any way that violates TSC’s Antitrust Policy, shown in Appendix 1 and/or Marketing Policy, shown in Appendix 2
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm others in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate TSC, a TSC employee, a TSC member, another Member Site user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Member Site, or which, as determined by us, may harm TSC, other users of the Member Site, the University of Arkansas, the Board of Trustees of the University of Arkansas, Arizona State University, or the Arizona Board of Regents, or may expose any of them to liability of any kind or nature.
Additionally, you agree not to:
· Use the Member Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Member Site, including their ability to engage in real time activities through the Member Site.
· Use any robot, spider or other automatic device, process or means to access the Member Site for any purpose, including monitoring or copying any of the Materials on the Member Site.
· Use any manual process to monitor or copy any of the Materials on the Member Site or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Member Site.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Member Site, the server on which the Member Site is stored, or any server, computer or database connected to the Member Site.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any other user account on the Member Site
· Attack the Member Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Member Site.
Your User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
TSC has the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Member Site.
Without limiting the foregoing, TSC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Member Site. YOU WAIVE AND HOLD HARMLESS TSC, THE UNIVERSITY OF ARKANSAS, THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ARIZONA STATE UNIVERSITY, OR THE ARIZONA BOARD OF REGENTS (COLLECTIVELY, THE “TSC PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE TSC PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, TSC cannot and does not undertake to review all material before it is posted on the Member Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, TSC assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Copyright Infringement Claims
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any User Contributions, Materials or other content violate your copyright, you may send us a notice of copyright infringement in accordance with the following instructions. For your notice to be effective, it must be addressed and delivered to TSC’s Designated Agent (listed below) and include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on this Website;
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TSC’s Designated Agent is:
TSC Designated Agent
c/o Mike Faupel
Walton College of Business
534 West Research Center Boulevard
Reliance on Information Posted
The information presented on or through the Member Site is made available solely for general information purposes. TSC does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. TSC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Member Site, or by anyone who may be informed of any of its contents.
This Member Site includes content authored and/or provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion(s) of the TSC Parties. The TSC Parties are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Content on the Member Site
TSC may update the content on this Member Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Member Site may be out of date at any given time, and TSC are under no obligation to update such material.
Linking to the TSC Site
You may link to TSC’s Member Portal homepage (tscmembers.org), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Member Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Member Site or to any part of the TSC website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. TSC reserve the right to withdraw linking permission without notice.
Links from the Member Site
If the Member Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. TSC has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Member Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, including but not limited to their respective privacy policies.
Geographic Restrictions and Data Processing in United States of America
The Member Site is hosted in the United States of America. TSC makes no claims that the Member Site or any of its content is accessible or appropriate outside of the United States. Access to the Member Site may not be legal by certain persons or in certain countries. If you access the Member Site from outside the United States, you do so on your own accord and are responsible for compliance with all laws (local and otherwise) governing such access. You also consent to the collection, processing and storage in the United States of America of any and all data, including personal information, that you submit through the Member Site.
Disclaimer of Warranties
You understand that TSC cannot and does not guarantee or warrant that files available for downloading from the internet or the Member Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE TSC PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MEMBER SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MEMBER SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE MEMBER SITE, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE IS AT YOUR OWN RISK. THE MEMBER SITE, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE TSC PARTIES NOR ANY PERSON ASSOCIATED WITH THE TSC PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE MEMBER SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE TSC PARTIES NOR ANYONE ASSOCIATED WITH THE TSC PARTIES REPRESENTS OR WARRANTS THAT THE MEMBERS, ITS CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MEMBER SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE MEMBER SITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE TSC PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, INDEMNIFICATION FOR INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT APPLY TO AFFECT ANY IMPLIED WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE TSC PARTIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MEMBER SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE MEMBER SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE MEMBER SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability