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TERMS OF USE OF SPG SITE

Terms of Use

Welcome to the Sustainable Pacific Grove ("SPG") Web site (the "Site"). This Site is offered to you conditioned upon your agreeing to follow and be bound by the following terms, conditions, and notices contained on this page and found on other pages of this Site concerning your use of the Site ("http://www.spg.org/terms of Use") and our Privacy Agreement. SPG reserves the right to make changes to the Site and/or may revise the Terms of Use and Privacy Agreement at any time immediately by posting the changed Terms of Use or Privacy Agreement in their respective locations and without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. Your use of this Site constitutes your agreement to all of these terms, conditions, and notices, and any changes to the Terms of Use and Privacy Agreement made by SPG.

Member Registration

As part of the registration process, fill in certain information about yourself. We request that you provide SPG with any changes in your registration information as soon as such changes occur.

SPG is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

Member Information

By submitting a membership form, you also are agreeing that SPG may store information you provide as part of the registration process and usage information . SPG also may deliver additional messages about the Site to you by e-mail. As a general policy, SPG does not disclose to third parties any specific personal identifying information about you, such as your name, address, phone number or e-mail address ("Personal Identifying Information"). SPG will not disclose any of your Personal Identifying Information to a third party without first notifying you and giving you an opportunity to elect not to have your Personal Identifying Information disclosed. See SPG's Privacy Agreement.

No Professional, Legal or Health Advice

The information and content provided on the SPG Site is general in nature and is provided for informational purposes only. It is provided with the understanding that SPG is not engaged in rendering medical, psychiatric, psychological or behavioral health care advice, or any professional services. Never disregard medical or behavioral health care advice or delay in seeking it because of something you have read, heard or seen on the SPG Site.

SPG does not recommend or endorse any specific tests, products or procedures that may be mentioned on the SPG Site. Any opinions expressed on the Site are the opinions of the individual authors, not of SPG. While SPG frequently updates its content, information changes rapidly. Therefore, some information might be out of date.

Personal and Noncommercial Use

The SPG Site is for your personal and noncommercial use. As a condition to your continued use of the SPG Site, you warrant to SPG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Web Site,

without first getting permission in writing from SPG. OR

without including a complete description of the source of the material you use.


Indemnity

You agree to indemnify, defend, and hold SPG and its officers, directors, agents, content providers, affiliates, and licensors (collectively, the "SPG Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any SPG Party in connection with any claim arising out of any use or alleged use of your account or password by you or any person, or arising out of or in any way connected with your access to or use of the Site whether or not authorized by you. SPG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SPG's defense of such claim.

Disclaimer of Warranties and Limitations of Liability

Advice received from this Site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

SPG , ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERs, OR THEIR RESPECTIVE AGENTS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES SPG, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERs, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT AND MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.

ALL INFORMATION AND CONTENT ON THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. NONE OF SPG AND ITS RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, THE SITE, OR ITS SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

IN NO EVENT SHALL SPG OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SAVINGS, GOODWILL OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SPG OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SPG SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

Copyright/Trademark Information

Copyright © 2007, Sustainable Pacific Grove ("SPG"). All rights reserved worldwide.

General

This agreement shall be construed in accordance with the laws of California, and the parties irrevocably consent to bring any action to enforce this agreement in the courts located in San Francisco, California in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including this paragraph. If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and SPG with respect to this Web Site and such subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SPG with respect to this Web Site. If any provision of this agreement is invalid or unenforceable for any reason, the remaining provisions shall nevertheless remain fully binding and enforceable.

Contact Information

If you have any questions regarding these Terms of Use, or if you have any other questions regarding this Web Site, please contact SPG at

or by email
.

Updated May 2, 2007.