Terms of Service

Confidentiality and Terms of Services Agreement for the Responsible Cotton Network

This Agreement governs your use of the Responsible Cotton Network's community organizing and website publishing services administered by As You Sow, accessible via http://www.responsible-cotton.net (the "Service"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.

1. License Grant

   Becoming a member of the Responsible Cotton Network website (http://www.responsible-cotton.net) provides you with password protected member areas and hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by As You Sow and its licensors.

2. Restrictions on Use

   You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the content in any way; (ii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

   You may not use this service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, or threatening material; (iii) send or store material containing software viruses, worms, or other harmful computer code; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3. Your Responsibilities

   You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (a) notify As You Sow immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (b) report to As You Sow immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or your Users; and (c) not impersonate another the Responsible Cotton Network user or provide false identity information to gain access to or use the Service.

4. Privacy and Confidentiality Disclosure

   As You Sow's Privacy Policy may be viewed at http://responsible-cotton.net/en/info/privacy.

   By registering on this site you are agreeing to hold in confidence and to not disclose beyond others inside your organization any information of the Responsible Cotton Network that bears a "Confidential" designation including written documents or discussions posted on the responsible-cotton.net website, in conference calls, or in in-person meetings organized through the Responsible Cotton Network, except to the extent that:

   (1) Recipients receive prior written authorization from the Author for such disclosure, or

   (2) Recipient is required to disclose the information by final court order or by a regulatory body.

   If you represent a membership organization whose members are potential stakeholders, you may share any information marked "Shareable to Network" within that membership without seeking authorization to share. The information with this designation may also be shared inside your organization without additional authorization.

   Neither As You Sow nor the Responsible Cotton Network will be held responsible for information that is downloaded from the site. As You Sow reserves the right to modify its privacy and confidentiality policies as needed.

5. Intellectual Property Ownership

   As You Sow alone shall own all right, title and interest, including all related intellectual property rights, to the Responsible Cotton Network technology.

   Information posted on the responsible-cotton.net website is property of the Author. No one will claim credit for materials another member produces. For documents labeled "Shareable to Network", credit is given to the Author when sharing or referencing the document.

   The Responsible Cotton Network name and logo are trademarks of As You Sow, and no right or license is granted to use them.

6. Termination

   Either party may terminate this user Agreement at any time. You agree and acknowledge that As You Sow has no obligation to retain user data, and may delete such data after termination. As You Sow may, in its sole discretion, terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.

7. Representations and Warranties

   Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service.

8. Indemnification

   You shall indemnify and hold As You Sow, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that As You Sow (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release As You Sow of all liability and such settlement does not affect As You Sow business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

9. Disclaimer of Warranties

   AS YOU SOW AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.

10. Limitation of Liability

    IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE.

11. Local Laws and Export Control

    As You Sow and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

12. Cancelation Policy

    You may cancel your membership by logging into your account and using the "Cancel My Account" option in My Account.

13. General

    This Agreement shall be governed by California and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. No joint venture, partnership, employment, or agency relationship exists between you and As You Sow as a result of this Agreement or use of the Service. The failure of As You Sow to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by As You Sow in writing. This Agreement and any materials available on the http://www.responsible-cotton.net website specifically incorporated by reference herein, comprise the entire agreement between you and As You Sow and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.