Live Green, Live Smart, LLC (LGLS) is a Limited Liability Company registered in the State of Minnesota with organization headquarters at:

1415 East Wayzata Blvd.
Suite 100
Wayzata, MN 55391
USA

Our direct dial number is 952-473-3831; our web address is http://www.livegreenlivesmart.org/.

The contact e-mail address for LGLS Executive Director Peter Lytle is peter@livegreenlivesmart.org. 

Live Green, Live Smart is a not-for-profit social business enterprise dedicated to creating social value in a significant and sustainable manner. Our organization is focused on green construction research and development and the education of consumers, organizations and tradespeople in the art of green building sciences, giving them the information, tools and confidence to build or remodel in a sustainable manner. 

Through these efforts we will promote the reduction of the embodied energy generated by construction practices and long-term use of homes, help reduce the carbon footprint generated by homes and improve the quality of water and air in our homes and cities while enhancing home occupants' well-being through the way they live in and maintain their homes and their land. 

Companies, Individuals, and Organizations choosing to use this site agree to do so by agreeing to the Live Green, Live Smart Terms of Use.

The opinions expressed on the LGLS website are not necessarily the opinions of our sponsors, advisors or contributors.  We reserve the right to limit, edit or delete any content provided to us by contributors.  The opinions and information provided by contributors may not be the opinions of Live Green, Live Smart, and may not be endorsed by Live Green, Live Smart simply by appearing on our sponsored website.  Use of copyrights or other protected materials, offensive materials, and protected intellectual property is not intentional, and can be removed if we are advised in writing. 

This is a community web site, and from time to time contributors might submit materials that should not be on this site.  Monitoring by the web community will help keep this site free of illegal or offensive material. Please see our legal policy and procedures for removal in Live Green, Live Smart Terms of Use

Harassment Policy

If someone has put your phone number or street address in a contribution segment and you are receiving unwanted calls or visitors, please email the details to us at harassment@livegreenlivesmart.org

• Type "Harassment" in your email subject.
• Include the URL, or if you know the content posting IP number, list it.
• The more information you give us the more we can help. Please list your address, phone number, e-mail address and name.
• If you continue to get abusive or harassing e-mail you should also contact the email sender's account provider (AOL, Hotmail, etc.)

Subpoenas and Warrants

Live Green, Live Smart will not release non-public information related to content without a subpoena or search warrant. Official requests must be forwarded as follows: 

Live Green, Live Smart, LLC
1415 Wayzata Blvd.
Suite: 100
Wayzata, MN  55391

Live Green, Live Smart Terms of Use

1. TERMS OF AGREEMENT

Live Green, Live Smart, LLC provides a collection of online resources, including personal content forums, various networking information, photos, videos, electronic media, research papers, articles, web site content, donation of resources and other material (referred to hereafter as "the Product") subject to the following Terms of Use ("TERMS"). By using the Product in any way, you are agreeing to comply with the TERMS. In addition, when using particular Live Green, Live Smart, LLC Products, you agree to abide by any applicable posted guidelines for all Live Green, Live Smart, LLC Products, which may change from time to time. Should you object to any term or condition of the TERMS, any guidelines, or any subsequent modifications thereto or become dissatisfied with Live Green, Live Smart, LLC in any way, your only recourse is to immediately discontinue use of Live Green, Live Smart, LLC.  By using this site you agree to indemnify and hold harmless Live Green, Live Smart, LLC, its directors, investors, staff or sponsors for any damages from activities or projects you under take as a result of information gained from this site or for any damages or liabilities related to products you purchased as a result of information found on this site. You acknowledge that Live Green, Live Smart, LLC is not responsible for how you use this site, how you use products or information found on this site, any issue related to networking with others as a result of access from this site, or from any harassment, injury or death that could result from the use of information or connection to other people from use of this site.  This site is accessed and used "as is" and has no warranty implied or is any otherwise provided.  Its use is on a "user beware" term with you the user. You understand that improper use of information from this site could pose hazards or even death to the user and their family or friends. You are urged to seek professional help when involved in activities, building or working on projects that you may find information about on this site.  You agree that you and your survivors will not in any way hold Live Green, Live Smart, LLC, its directors, investors, staff or sponsors responsible for your injury or death or that of your family or other individuals related to you or individuals that may be involved in any project or activity that is connected to information found or related to this site.

2. RIGHT TO MODIFY

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TERMS at: http://www.livegreenlivesmart.org/ and go to Legal Statements

3. POSTING, CONTENT, UPLOADS

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Product, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Product. You understand that Live Green, Live Smart, LLC does not control, and is not responsible for Content made available through the Product, and that by using the Product, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise Objectionable. Furthermore, the Live Green, Live Smart, LLC site and Content available through the Product may contain links to other websites, which are completely Independent of Live Green, Live Smart, LLC. Live Green, Live Smart, LLC makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Live Green, Live Smart, LLC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Product. You acknowledge that Live Green, Live Smart, LLC does not pre-screen or approve Content, but that Live Green, Live Smart, LLC shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Product, for violating the letter or spirit of the TERMS or for any other reason. 

4. THIRD PARTY RELATIONSHIPS

The Live Green, Live Smart, LLC site and Content available through the Product may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Live Green, Live Smart, LLC, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Products, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Product, including payment and delivery of goods or Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that Live Green, Live Smart, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Live Green, Live Smart, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Live Green, Live Smart, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Product. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

5.  INFRINGEMENT NOTIFICATION

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Live Green, Live Smart, LLC's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

Legal Department
Live Green, Live Smart, LLC
1415, East Wayzata, Blvd.
Suite: 100
Wayzata, MN  55391
USA

Please provide our Agent with the following Notice:

a) Identify the material on the Live Green, Live Smart, LLC site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

Live Green, Live Smart, LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

6. DISCLOSURE AND PRIVACY POLICY

Live Green, Live Smart, LLC has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: 

http://www.livegreenlivesmart.org/

Your use of the Live Green, Live Smart, LLC website or the Product signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Live Green, Live Smart, LLC may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information at its own discretion or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TERMS; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Live Green, Live Smart, LLC, its users or the general public.

7. CONDUCT AND USE POLICY

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any content a preference based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a Live Green, Live Smart, LLC employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal, property or identifying information about another person and or property without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Live Green, Live Smart, LLC sites which are not designated for such purposes; or emailed to Live Green, Live Smart, LLC users who have not indicated in writing that it is ok to contact them about other Products, products or commercial interests.
m) that includes links to commercial Products or web sites, except as allowedin "Products";
n) that advertises or posts any illegal Product or the sale or suggested use of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Product, or that otherwise negatively affects other users' ability to use the Product; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Product.

Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Product - unless expressly permitted by Live Green, Live Smart, LLC;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or Product in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to Live Green, Live Smart, LLC's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Product or the Live Green, Live Smart, LLC website; or
y) use any form of automated device or computer program that enables the submission of postings on Live Green, Live Smart, LLC without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
z) post information that puts individuals at undo risk, is not fully disclosed as to risks, does not advises the use of professionals when risk is involved.

8. AGENTS

A "Posting Agent" is a third-party agent, Product, or intermediary that offers to post Content to the Product on behalf of others. To moderate demands on Live Green, Live Smart, LLC's resources, you may not use a Posting Agent to post Content to the Product without express permission or license from Live Green, Live Smart, LLC.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Product to facilitate posting

Content on behalf of others, except with express permission or license from Live Green, Live Smart, LLC.

9. ANTI-SPAM REGULATION

You understand and agree that sending unsolicited email advertisements to Live Green, Live Smart, LLC email addresses or through Live Green, Live Smart, LLC computer systems, which is expressly prohibited by these TERMS, will use or cause to be used servers located in California.  Any unauthorized use of Live Green, Live Smart, LLC computer systems is a violation of the TERMS and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and Minnesota Statutes Annotated § 609.891.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. FEES

We may charge a fee to post Content in some areas of the Product. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Product is responsible for said Content and compliance with the TERMS. All fees paid will be non-refundable in the event that Content is removed from the Product for violating the TERMS.

11. LIMITATIONS

You acknowledge that Live Green, Live Smart, LLC may establish limits concerning use of the Product, including the maximum number of days that Content will be retained

by the Product, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Product, and the frequency with which you may access the Product. You agree that Live Green, Live Smart, LLC has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Product. You acknowledge that Live Green, Live Smart, LLC reserves the right at any time to modify or discontinue the Product (or any part thereof) with or without notice, and that Live Green, Live Smart, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.

12. ACCESS

Live Green, Live Smart, LLC grants you a limited, revocable, nonexclusive license to access the Product for your own personal use. This license does not include:

(a) access to the Product by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Product nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Live Green, Live Smart, LLC. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Product, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other Product that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, Products, or personals, or which is in the business of providing classified ad listing Products.

You agree to allow Live Green, Live Smart. LLC the right to use and to transfer all content you provide to them as a resource (photo, video, article, presentation, technical data, etc.) free of charge to any third party without limitations.

Live Green, Live Smart, LLC permits you to display on your website, or create a hyperlink on your website to, individual postings on the Product so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TERMS, absent express permission granted by Live Green, Live Smart, LLC to do so.  You may also create a hyperlink to the home page of Live Green, Live Smart, LLC sites so long as the link does not portray Live Green, Live Smart, LLC, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Live Green, Live Smart, LLC does not promote or endorses any third party causes, ideas, web sites, or Products, (e) you may not redistribute any RSS feed, which would indicate such in endorsements without prior written consent. Live Green, Live Smart, LLC's systems.  Live Green, Live Smart, LLC reserves all rights in the content of and may terminate any on-line feed at any time.

Use of the Product beyond the scope of authorized access granted to you by Live Green, Live Smart, LLC immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of thethe Product or any Content made available via the Product for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Live Green, Live Smart, LLC.

13. TERMINATION POLICY

You agree that Live Green, Live Smart, LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Product (or any part thereof), immediately and without notice, and remove and discard any Content within the Product, for any reason, including, without limitation, if Live Green, Live Smart, LLC believes that you have acted inconsistently with the letter or spirit of the TERMS. Further, you agree that Live Green, Live Smart, LLC shall not be liable to you or any third-party for any termination of your access to the Product. Further, you agree not to attempt to use the Product after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TERMS.

14. EXCLUSIVE RIGHTS

The Product is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Product is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Live Green, Live Smart, LLC. You further agree not to reproduce,  duplicate or copy Content from the Product without the express written consent of Live Green, Live Smart, LLC, and agree to abide by any and all copyright notices  displayed on the Product. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Product. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, anyaspect of the Product. LIVE GREEN, LIVE SMART, LLC is a registered mark in the U.S. Patent and Trademark Office.

Live Green, Live Smart, LLC may or may not claim ownership of content that its users post, and Users posting or submitting Content to any public area of the Product, automatically grant, and you represent and warrant that you have the right to grant, to Live Green, Live Smart, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

15. WARRANTIES AND DISCLAIMER POLICY

YOU AGREE THAT USE OF THE LIVE GREEN, LIVE SMART, LLC SITE AND THE PRODUCT IS ENTIRELY AT YOUR OWN RISK. THE LIVE GREEN, LIVE SMART, LLC SITE AND THE PRODUCT ARE PROVIDED ON AN "AS

IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW,

LIVE GREEN, LIVE SMART, LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LIVE GREEN, LIVE SMART, LLC SITE AND THE PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE GREEN, LIVE SMART, LLC DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LIVE GREEN, LIVE SMART, LLC SITE OR THE SITES OR PRODUCT, OR ACCESSED THROUGH ANY LINKS ON THE LIVE GREEN, LIVE SMART, LLC SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE GREEN, LIVE SMART, LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT.

Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIABILITY LIMITATION POLICY

UNDER NO CIRCUMSTANCES SHALL LIVE GREEN, LIVE SMART, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LIVE GREEN, LIVE SMART, LLC

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT, FROM INABILITY TO USE THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT OR ANY

LINKS ON THE LIVE GREEN, LIVE SMART, LLC SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LIVE GREEN, LIVE SMART, LLC SITE OR THE PRODUCT OR ANY LINKS ON THE LIVE GREEN, LIVE SMART, LLC SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY AGREEMENT

You agree to indemnify and hold Live Green, Live Smart, LLC, its officers, managers, staff, subsidiaries, affiliates, successors, assigns, directors, advisors, officers, agents, Product providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Product, your use of the Product, your violation of the TERMS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. INFORMATION

The TERMS constitute the entire agreement between you and Live Green, Live Smart, LLC and govern your use of the Product, superseding any prior agreements between you

and Live Green, Live Smart, LLC. The TERMS and the relationship between you and Live Green, Live Smart, LLC shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Live Green, Live Smart, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Minneapolis, Minnesota. The failure of Live Green, Live Smart, LLC to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of

such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you are submitting work for publication and you do not state a "by-line," Live Green, Live Smart. LLC may elect to post these works as a "Live Green, Live Smart" document. Any works submitted are subject to the terms listed in the Publishing Criteria for the Live Green, Live Smart University.

Live Green, Live Smart, LLC does not pay a fee or royalty for any work posted on their site or submitted for review except in such cases where a signed contract by an authorized agent of the LLC is in effect.

(a) Micro Grants. Live Green, Live Smart, LLC reserves the right to refuse any microgrants and/or to limit the size of any grant.

(b) Advertising/Sponsorships/Donations. Live Green, Live Smart, LLC reserves the right to refuse any sponsorships or advertising or donations.

(c) "Carbon Karma." Live Green, Live Smart, LLC reserves the right to refuse the donation of carbon offsets from any party. If you donate an offset to Live Green, Live Smart you agree to the terms of donation as given in the Carbon Karma agreement.

(d) Virus and Computer Hacking. Live Green, Live Smart, LLC does not guarantee that information provided by third parties or downloaded from our servers are virus free or free from computer hacking. You must provide your own security for your system and hold harmless Live Green, Live Smart, LLC for loss of any information.

(e) Use of materials or personal information. You understand that Live Green, Live Smart, LLC has no control over the use of materials/information you submit to us and you hold hamless Live Green, Live Smart, LLC for how these materials are used by us or any third party.

19. DAMAGES AND VIOLATION OF AGREEMENT POLICY

Please report any violations of the TERMS, by emailing to: peter@livegreenlivesmart.org

Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for Live Green, Live Smart, LLC to pursue legal action to enforce the TERMS, you will be liable to pay Live Green, Live Smart, LLC the following amounts as liquidate
damages, which you accept as reasonable estimates of Live Green, Live Smart, LLCs' damages for the specified breaches of the TERMS:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Live Green, Live Smart, LLC one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b. If Live Green, Live Smart, LLC establishes limits on the frequency with which you may access the Product, or terminates your access to or use of the Product, you

agree to pay Live Green, Live Smart, LLC fifty ($50) for each message posted in excess of such limits or for each day on which you access Live Green, Live Smart, LLC in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Live Green, Live Smart, LLC email
addresses or through Live Green, Live Smart, LLC computer systems, you agree to pay
Live Green, Live Smart, LLC fifty ($50) for each such email.

d. If you post Content in violation of the TERMS, other than as described  above, you agree to pay Live Green, Live Smart, LLC fifty ($50) for each Item of Content posted.  In its sole discretion, Live Green, Live Smart, LLC may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Product in violation of the TERMS, in addition to any liquidated damages under clause (d), you agree to pay Live Green, Live Smart, LLC fifty ($50) for each and every Item of Content posted in violation of the TERMS.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Product (the "Principal"), and the Principal (by engaging the Posting Agent in

violation of the TERMS) agrees to pay Live Green, Live Smart, LLC an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TERMS.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TERMS without Live Green, Live Smart, LLC's express written permission, you agree to pay Live Green, Live Smart, LLC five thousand dollars ($5,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Live Green, Live Smart, LLC's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TERMS, Live Green, Live Smart, LLC retains the right to seek the remedy of specific performance of any term contained in the TERMS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TERMS, or any combination thereof.

Live Green, Live Smart, LLC reserves the right to change this agreement at any time. 

20. CONTESTS AND COMPETITIONS

From time to time Live Green, Live Smart, LLC will sponsor contests and competitions for a variety of projects including, design of buildings, remodeling of buildings, development of products and services.  All materials submitted to Live Green, Live Smart, LLC will be given by the submitting party with full consent to publish by all methods including digital, distribute as necessary and provide press coverage on.  The actual materials, services and designs shall remain the property of the submitter. 

(a) No contest or competition shall be considered valid without at least 3 (three) submissions.  Live Green, Live Smart, LLC. reserves the right to modify the rules if less than 3 (three) submissions are received and the right to cancel or withdraw moneys, PR or other remunerations.

(b) Live Green, Live Smart, LLC. Reserves the right to cancel all contest and competitions without notice, reimbursement to submitters.

(c) All submissions must be original and the property of the submitting party.  Live Green, Live Smart, LLC reserves the right to remove non-original submissions from contest and competitions it sponsors.

(d) The submitting party will indemnify Live Green, Live Smart, LLC and hold them harmless for the use of their product, design or service by any third party.

21. EDUCATIONAL MATERIALS, COPYRIGHT PROTECTION

Live Green, Live Smart, LLC provides permission for the use of all non-copyrighted materials to be used for non-profit educational use without written consent. Credit must be given to Live Green, Live Smart, LLC when these materials are used.  Copyrighted materials and materials that are used for profit purposes or in the course of promoting any for profit business requires the written consent of Live Green, Live Smart, LLC with the exception of individuals or organizations that are participating in the Live Green, Live Smart Certification programs. 

(a) Certification programs and Licensees of Live Green, Live Smart, LLC are given permission for limited use of materials as outlined in separate agreements.

22.  CERTIFICATION PROGRAMS

All certification programs sponsored by Live Green, Live Smart, LLC are subject to the terms and agreements set forth in separate CP agreements.

(a) Real Estate CP Example: Terms:  You agree to the following terms: This is not a license to perform Real Estate Transactions or a Contractors License or any other license required by Federal, Provincial, State or City codes. It is a licensed, accreditation designation, indicating your basic knowledge of Green Building Science as it relates to the Real Estate industry.  You may carry the accreditation marks: Live Green, Live Smart Real Estate Certified Professional or Live Green, Live Smart CP on business related documents or digital business documents.  You may use the APB logos on business related documents or digital business documents. You may use content free from the Live Green, Live Smart website: www.livegreenlivesmart.org unless the content demonstrates ownership by a third party during your license period.  At any time using the Live Green, Live Smart name or House Logo you agree to use a registration mark. At the expiration period of your license designation, unless renewed, you agree to remove all content, logos or marks immediately (within 30 days) from all printed and digital material where it appears. You agree to not misrepresent your level of learning; you may not represent yourself as a representative of Live Green, Live Smart.  You agree not to compete in any way against Live Green, Live Smart in the development and training of Live Green, Live Smart CPs unless otherwise approved in writing. You agree not to compete by developing material or training for other certification and designation programs, for 24 months after your license expires or without the written permission of Live Green, Live Smart. You agree to pay for any legal action taken against you by Live Green, Live Smart, LLC or by its affiliates or successors for violation of the terms of this agreement.  You agree to the additional terms listed on the Live Green, Live Smart web site (see Legal).  You agree to indemnify Live Green, Live Smart, its affiliates, partners or successors related to any transactions from your business activities.  You agree to limit any and all liabilities of Live Green, Live Smart and its affiliates, partners or successors to the cost of no more than 10% of the training and certification fees. Void where prohibited. Live Green, Live Smart reserves the right for any reason, at any time to return your total fees in exchange for cancellation of your designation. Designations may not be used where prohibited by law.

(b) Example CPT Certified Trainer: Terms:  You agree to the following terms: This is not a certification to teach Real Estate Licensing Courses or any other license courses required by Federal, Provincial, State or City codes. It is a licensed, accreditation designation, indicating your basic knowledge of Green Building Science and your certification to teach courses and provided specific certification training developed by Live Green, Live Smart, LLC of Wayzata, MN. .  You may carry the accreditation marks: Live Green, Live Smart Certified Professional Trainer or Live Green, Live Smart CPT on business related documents or digital business documents.  You may use the LGLS CPT logos on business related documents or digital business documents. You may use content free from the Live Green, Live Smart website: www.livegreenlivesmart.org unless the content demonstrates ownership by a third party during your license period.  At any time using the Live Green, Live Smart name or House Logo you agree to use a registration mark. At the expiration period of your license designation, unless renewed, you agree to remove all content, logos or marks immediately (within 30 days) from all printed and digital material where it appears. You agree to not misrepresent your level of learning; you may not represent yourself as a representative of Live Green, Live Smart.  You agree not to compete in any way against Live Green, Live Smart in the development and training of Live Green, Live Smart CPTs unless otherwise approved in writing. You agree not to compete by developing material or training for other certification and designation programs, for 24 months after your license expires or without the written permission of Live Green, Live Smart. You agree to pay for any legal action taken against you by Live Green, Live Smart, LLC or by its affiliates or successors for violation of the terms of this agreement.  You agree to the additional terms listed on the Live Green, Live Smart web site (see Legal).  You agree to indemnify Live Green, Live Smart, its affiliates, partners or successors related to any transactions from your business activities.  You agree to limit any and all liabilities of Live Green, Live Smart and its affiliates, partners or successors to the cost of no more than 10% of the training and certification fees. Void where prohibited. Live Green, Live Smart reserves the right for any reason, at any time to return your total fees in exchange for cancellation of your designation. Designations may not be used where prohibited by law. Training materials are the property of Live Green, Live Smart and must be returned at termination of the agreement.

For information about these agreements contact: peter@livegreenlivesmart.org

(c) Live Green, Live Smart, LLC has Copyrighted, Trademarked and Registered its Logos, Names and Marks or is waiting pending status.  If you are aware of infringements or violations of these marks please notify: peter@livegreenlivesmart.org immediately.

23. RIGHT TO ALTER OR CHANGE LEGAL AGREEMENTS AND NOTICES

Live Green, Live Smart Reserves the right to change all legal agreements and notices without prior notice or consent.

24. DBA NOTICE

Live Green, Live Smart, LLC has a DBA registration with the State of Minnesota as Live Green, Live Smart Institute.

25. LICENSE AGREEMENTS AND STRATEGIC PARTNERS

Live Green, Live Smart, LLC. will from time to time enter into agreements to license its name and to enter into strategic alliances and joint ventures.

(a) Live Green, Live Smart, LLC has a license agreement with the Franchise Development Group of Minneapolis for the IP of the company to be used with Live Green, Live Smart Builders.

(b) Live Green, Live Smart, LLC has a strategic alliance with CSP of Canada and the College of St. Paul to provide training.

(c) Live Green, Live Smart, LLC has entered into agreements with a number of national organizations to proved sponsorship, research and links.