TERMS OF USE AGREEMENT   GENERAL The following Terms of Use Agreement are a contractual agreement (hereinafter referred to as “Agreement”) between anyone accessing the sites (the “Site”) www.LOGICALGREEN.COM and www.LOGICALGREENINSTITUTE.com (herein collectively referred to as "User") and LOGICAL GREEN, LLC (a/k/a "Logical Green Institute” and hereinafter referred to as “Provider”).  By visiting the Site, using the services or products available and/or by completing the registration process, User represents that User is 18 years old or older and can form a legally binding contract, and are agreeing to be legally bound by the Agreement.  Further, by using the Site User represents that User has read and agrees to be bound by the Provider’s Privacy Policy.   Provider reserves the right to revise the Agreement and all linked information from time to time.  Unless otherwise provided in such revision, the revised terms will take effect when posted. Use of the Site following the posting of any changes constitutes acceptance of those changes by User.  The Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between User and Provider.   BECOMING A USER When registering on the Site, Site may collect and store Personal Information specific to User.  As examples, this information includes first name, last name, User ID, password, street address, city, state, zip/postal code, country, phone number, email address, as well as other non-public information that is associated with the foregoing.  Once a User, User agrees: (1) to provide true, accurate and complete information; (2) to safeguard and be entirely responsible for maintaining the confidentiality of User’s password; (3) to not use any User ID or password of another User of the Site; (4) to not authorize others to use the User’s User ID and/or password; (5) to notify Provider immediately if User suspects any unauthorized use of the User’s User ID or password; and (6) to hereby authorize Provider to assume that any use of Site with User’s User ID and password is User.  Failure to comply with any of the above or other terms and conditions herein constitutes a breach of this Agreement, which may result in immediate termination of the User’s access.   SITE CONTENT, LINKS AND WORKSHOPS This Site contains “Free Product”, generally being any content publicly viewable on the website without requirement of a fee, and “Paid Product”, being any content that requires a financial payment to access or purchase.   The Site may contain links to other Web sites or resources and access and use of certain services or purchase of products offered by third parties, and User’s access and use of those Web sites, resources or services will be governed by the terms and policies of the Web site or resource or Provider.   From time to time, at Provider’s sole discretion, Provider may offer workshops, study sessions, and other opportunities to interested parties.  For workshops, there are “Private Sessions”, for which a User has made accommodations with Provider to present to a specified group of individuals, such as User’s company, and “Open Workshops”, generally consisting of a presentation by Provider at a specified location, date and time as selected by Provider.   INTELLECTUAL PROPERTY / LICENSE AND ACCESS Provider and its licensors retain all of its rights, title and interest in and to all copyrights, know-how and trade secrets relating to the Site. The Logical Green and Logical Green Institute logo(s) and name(s) are trademarks of Logical Green, LLC and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.  Except as expressly stated above, nothing in the Agreement confers any license under any of Logical Green, LLC’s or any third party's intellectual property rights, whether by estoppel, implication or otherwise.   Subject to and conditioned on compliance with the Agreement, Provider grants User a non-exclusive, non-transferable license to access and use the Site.  User agrees: (1) to not use the Site for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation; (2) to not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way, including electronic means such as mail lists or electronic bulletin boards, for any public or commercial purpose; (3) to not use any content of this Site on any other Web site or in a networked computer environment for any purpose except User’s own internal viewing; (4) to not use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site, or any other Site information; (5) to not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site; (6) to not violate the security of the Site or attempt to gain unauthorized access to or otherwise disrupt the proper working of  the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means; (7) to not use the Site to stalk or harass another; and (8) to not disobey any requirements, procedures, policies or regulations of networks connected to the Site.   User permits and consents Provider, with no notice to User, to photograph, videotape, audiotape, or otherwise record, by electronic means or otherwise, User, no matter if in person or via internet or other methodology or venue, individually or in a group, all or portions of workshops, private sessions, study sessions, tutorial sessions, and any other time, efforts, activities, presentations whether in person or otherwise provided by Provider, hereinafter collectively referred to as “commercial materials”, and to edit, market and profit from as Provider determines appropriate, all at Provider’s sole discretion and with no participation, remuneration or compensation of any kind whatsoever to User.  User agrees that Provider’s exploitation of and profiting from the “commercial materials”, worldwide and in any and all media, may include, by way of illustration but not limitation, the publication or broadcast and the subsequent display, republication, rebroadcast, lease, sale, and/or resale of the “commercial materials” or extracts thereof in all media which may now exist or hereafter be developed. User further consents to Provider’s use of the “commercial materials” in any publicity, promotions and/or other venue as Provider determines.  User hereby agrees that Provider shall have the sole right, and shall have the right to grant others the right, to determine the selection, positioning and use of the “commercial materials”, the personality and other related editorial content and to make such modifications, enhancements, corrections and revisions to said “commercial materials” as Provider may deem appropriate in its sole discretion.   USER HEREBY INDEMNIFIES AND AGREES TO DEFEND AND REIMBURSE PROVIDER AND/OR OTHER APPROPRIATE PARTIES FOR ALL DAMAGES, LIABILITIES, COSTS, CHARGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, WHICH THE PROVIDER AND THEIR EMPLOYEES, AFFILIATES, STRAGTEGIC ALLIANCES AND AUTHORIZED REPRESENTATIVES MAY INCUR AS A RESULT OF THE USER’S BREACH OF THIS AGREEMENT.   TERM AND TERMINATION The User's access term to on-line Paid Product is as specified in the purchase process, or in absence of any access term statement, Provider in Provider’s sole discretion may, but not less than 30 days subsequent to User’s purchase of a course, terminate User’s access to a course. Subject to User’s access terms for a course, Provider may at Provider’s sole option and discretion at any time and without notice terminate a course.  Provider reserves the right to terminate access prior to its maturity date if the User is determined, at the sole discretion of the Provider, to have violated the Agreement.  Termination in no way limits or restricts the Provider’s rights to also recover damages. Provider can terminate the access without prior notice to User.  Termination of access by User does not constitute any claim or right to a refund or partial refund of any fees. Providers protection of proprietary rights included in this Agreement are ongoing and do not end with termination.   CANCELLATION AND TRANSFERRANCE This Cancellation and Transference clause is only applicable to Open Workshops provided directly by Provider and are not applicable to any workshops, seminars or the like provided by an affiliation or strategic alliance of Provider, regardless if said affiliation or strategic alliance is found by User on Provider’s Site, for which User is subject to the agreements set forth on said affiliation’s or strategic alliance’s site.  This clause is applicable solely to Provider’s Open Workshops; no other product, service, activity, including but not limited to Private Sessions, or other provision by Provider may be cancelled or transferred.  For Provider’s Open Workshops, User may cancel their attendance and receive: 1) 100% of the monies paid if cancelled greater than 14 days prior to the workshop; and 2) 50% of the monies paid if cancelled between 8 and 14 days prior to the workshop.  Any cancellation less than 8 days prior to the workshop shall result in User’s forfeiture of 100% of monies paid.  Upon cancellation, no matter the time period in which cancellation occurs, Provider shall have the right to resell that seat and keep 100% of the monies for said resale, without any remuneration to the cancelling User whatsoever.  If Provider cancels the workshop, which provider may do at any time and for any reason whatsoever at Provider’s sole discretion, then Provider shall reimburse User(s) 100% of monies paid.  To transfer a reservation for an Open Workshop User must provide Provider notice of said transfer and contact information for transferee not less than 3 days prior to said Workshop; not doing so grants Provider the right to reject transferee’s attendance at the Workshop with no remuneration to User or transferee.           LIMITATION OF LIABILITY PROVIDER MAKES NO GUARANTEES OR WARRANTIES (EXPRESSED OR IMPLIED) AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE SITE, MATERIALS AND PRODUCTS ON THE SITE, ATTENDANCE OR PARTICIPATION IN ANY WORKSHOP, TUTORIAL SESSION OR OTHER ACTVITY BY PROVIDER, AFFILIATE OR STRAGTEGIC ALLIANCE, NOR ANY MATERIAL THAT IS PROVIDED AND/OR CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. PROVIDER, THIRD PARTY LICENSORS, AFFILIATES AND STRATEGIC ALLIANCE(S) SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE PROVIDER OR ANY THIRD PARTY LICENSOR, AFFILIATE OR STRATEGIC ALLIANCE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE OR PRODUCTS AND MATERIALS DERIVED THEREFROM.   USER ACKNOWLEDGES THAT LICENSE RENEWAL INFORMATION IS PROVIDED AS A CONVENIENCE ONLY AND THAT USER IS RESPONSIBLE TO DETERMINE USER’S LICENSE RENEWAL REQUIREMENTS.  IT IS THE ULTIMATE RESPONSIBILITY OF THE USER TO BE SURE THAT HE OR SHE IS MEETING RENEWAL REQUIREMENTS FOR PROFESSIONAL CREDIENTIALS AND CORRESPONDING RENEWAL PERIOD, INCLUDING THE DETERMINATION IF THE REPRESENTED COURSE ON PROVIDER’S SITE MEETS THE REQUIREMENTS OF AND IS APPROVED BY THE SANCTIONING AGENCY..   USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST THE PROVIDER OR ANY OF THEIR THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO THE USE OF THE SITE SHALL NOT EXCEED $50.   GOVERNING LAW This Agreement constitutes the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site. This Agreement is personal to User, and User may not assign any rights or obligations to anyone.  The failure of Provider to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.  Any single or partial exercise of a right or remedy by Provider will not preclude further exercise of any other right or remedy by Provider.  If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Provider shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of Provider.  The boldface paragraph headings in the Agreement are included for ease of reference only and have no binding effect. This Agreement, User’s rights and obligations, and all actions contemplated by this Agreement shall be governed by and construed under the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida. Any dispute or disagreement arising out of or relating to this Agreement, or any breach thereof, shall be settled by arbitration before a single arbitrator appointed in Florida in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator shall be final and binding upon the parties and may be entered in any court having jurisdiction thereof. Upon ruling, the arbitrator shall determine the percentage of arbitration costs for which each party is responsible.   BY SELECTING TO CONTINUE WITH THE REGISTRATION USER SIGNIFIES THAT USER HAS READ AND UNDERSTAND THIS AGREEMENT AND THE PRIVACY POLICY AND AGREES TO BE BOUND BY ALL OF THE TERMS OF BOTH DOCUMENTS.