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Higg.org Terms of Use

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SUSTAINABLE APPAREL COALITION, INC.

HIGG INDEX

LICENSE AGREEMENT AND TERMS OF USE

Last Updated: October 31, 2017

This License Agreement and Terms of Use (these “Terms”) is a binding agreement between you

(“your” or “you”) and the Sustainable Apparel Coalition, Inc. (the “SAC”, “we” or “us”) relating

to your access to and use of the website www.higg.org (the “Site”) and the services and

resources available or enabled via the Site (“Services”), including the Higg Index (collectively,

the “Higg Index” or the “Index”).

These Terms are a legal and binding contract between you and the SAC. By accessing,

downloading, and/or using the Index, or browsing the Site, you acknowledge that you have read

and understand these Terms and agree to be bound by and abide by these Terms. PLEASE

CAREFULLY READ THESE TERMS. IF YOU DO NOT AGREE WITH THESE

TERMS IN THEIR ENTIRETY, DO NOT BROWSE THE SITE, OR ACCESS,

DOWNLOAD OR USE THE INDEX. BY ACCESSING THE SITE AND/OR ACCESSING,

DOWNLOADING AND/OR USING THE INDEX, YOU REPRESENT AND WARRANT (I)

THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO

ENTER INTO THESE TERMS, (II) YOU HAVE READ, UNDERSTAND, AND AGREE TO

BE BOUND BY THESE TERMS, AND (III) YOU HAVE THE AUTHORITY TO ENTER

INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE

NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS. THE TERM

“YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE,

IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE.

Background

The SAC was founded by a group of sustainability leaders from the global apparel and footwear

industry who recognize that addressing our current social and environmental challenges are both

a business imperative and an opportunity. The vision of the SAC is an apparel and footwear

industry that produces no unnecessary environmental harm and has a positive impact on the

people and communities associated with its activities. Through multi-stakeholder engagement,

the SAC seeks to lead the industry toward a shared vision of sustainability built upon a common

approach for measuring and evaluating apparel and footwear product sustainability performance

that will spotlight opportunities for technological innovation and priorities for action.

The Higg Index (“Higg Index”) is a suite of online measurement tools including Brand/Retailer

Modules, Facility Modules, a Design and Development Module, the Material Sustainability

Index, the Material Sustainability Index Contributor and other Modules and tools that may be

developed from time to time by the SAC that are accessed and used as Web-based tools at

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www.higg.org (the “Web Tool”) and www.product.higg.org/. All users of the Higg Index are

defined as “Higg Users”.

Changes to these Terms

The SAC reserves the right, from time to time, in its sole discretion, to revise, modify, or update

these Terms at any time. When changes are made, SAC will make a new copy of the Terms

available at the Site. We will also update the “Last Updated” date at the top of the Terms. SAC

may require you to provide consent to the updated Terms in a specified manner before further

use of the Site, Index, and/or any other services available therein is permitted. If you do not

agree to any change(s) after receiving notice of such change(s), you shall stop using the Site,

Index, and related services. Otherwise, your continued use of the Site, Index, and related

services constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE

WEBSITE TO VIEW THE CURRENT TERMS.

Registration and Account Information

Accessing and using the Index requires registration and creation of an account on the Site

(“Account”). In registering for an Account, you agree to (1) provide true, accurate, current and

complete information about yourself and the Higg User as prompted by the Account registration

page (“Registration Data”); and (2) maintain and promptly update the Registration Data to keep

it true, accurate, current and complete. You are entirely responsible for maintaining the

confidentiality of your password. You may not use the Account, username, or password of

someone else at any time. You agree to notify the SAC immediately of any unauthorized use of

your account, user name, or password. You may be held liable for any losses incurred by the

SAC due to someone else’s use of your Account or password. The SAC is not liable for any loss

that you incur as a result of someone else accessing your account or using your password, either

with or without your knowledge.

Fees and Payment Terms

Payment. You agree to pay all fees or charges to your Account in accordance with the fees,

charges and billing terms in effect at the time a fee or charge is due and payable. You must

provide SAC with a valid credit card (Visa, MasterCard or any other issuer accepted by us)

(“Payment Provider”), or purchase order information as a condition for signing up for certain

services, which are described in your invoice. Your Payment Provider agreement governs your

use of the designated credit card, and you must refer to that agreement and to not these Terms to

determine your rights and liabilities. By providing SAC with your credit card number, you agree

that SAC is authorized to immediately invoice your Account for all fees and charges due and

payable to SAC hereunder and that no additional consent or notice is required. You agree to

immediately notify SAC of any change in your billing address or credit card account used for

payment hereunder. SAC reserves the right at any time to change its prices and billing methods,

either immediately upon posting on the Website or by email delivery to you.

Taxes. SAC’s fees are net of any applicable Sales Tax (as defined below). If any Services, or

payment for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you

have not remitted the applicable Sales Tax to SAC, you will be responsible for the payment of

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such Sales Tax and any related penalties or interest to the relevant tax authority. “Sales Tax”

means any sales or use tax, and any other tax measured by sales, proceeds, that SAC is permitted

to pass to its customers, that is the functional equivalent of a sales tax where the applicable

taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes. You agree to make all payments of fees to SAC free and clear of, and

without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to

SAC will be your sole responsibility, and you will provide SAC with official receipts issued by

the appropriate taxing authority, or such other evidence as SAC may reasonably request, to

establish that such taxes have been paid.

Content, Feedback and Third Party Information

User Content. We encourage you to provide requested data and information about your

company or organization and to respond to questions posed on the Site and in the Higg Index (all

information entered by Higg User in Higg.org, collectively is the “User Content”).

SAC does not claim any ownership interest of your User Content that you upload to the Site or

Index. However, in order to provide the services available via the Index, we require you and all

Higg Users to provide the SAC with a license to the User Content you provide. Accordingly

Grant of License by Higg Users to the SAC

You hereby grant the SAC a non-exclusive, sub-licensable, irrevocable, worldwide,

perpetual, royalty-free, sub-licensable, and transferable license to aggregate, analyze, use,

reproduce, distribute, and display, and prepare derivative works of the Content in order to

provide the Index and related services to the Users of the Site, members of the SAC, and

to other entities of SAC’s choosing. The SAC reserves the right to sub-license this

license with third parties of SAC’s discretion for performance of research and analysis on

all Higg data, fully aggregated or partial data sets.

SAC reserves the right, but has no obligation to, monitor or review User Content at any time.

Without limiting the foregoing, SAC shall have the right to delete or disregard any portion of

User Content that the SAC determines is inaccurate, inappropriate, violates applicable law or is

otherwise inconsistent with the SAC’s policies and/or purposes. Unless otherwise specified, you

waive all rights to claim that the SAC infringed on your proprietary rights, intellectual property

rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with

your User Content. You represent and warrant that you have all necessary rights and licenses to

grant us the foregoing license.

You alone are responsible for your User Content. You assume all risks associated with your

User Content, including, without limitation, any person or entity’s reliance on its reliability or

accuracy as well as any of your User Content that makes you personally identifiable.

Content Provided by Other Users

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The Site and Index may contain information, data, text, and other materials that has been

uploaded or transmitted to the Site and/or Index by other users (“User-supplied Supplemental

Content”). You acknowledge and agree that SAC has no obligation to pre-screen User-supplied

Supplemental Content, although SAC reserves the right in its sole discretion to pre-screen, refuse

or remove any User-supplied Supplemental Content. YOU ACKNOWLEDGE AND AGREE

THAT USER-SUPPLIED SUPPLEMENTAL CONTENT DOES NOT REFLECT THE VIEWS

OF THE SAC, ITS AFFILIATES, VENDORS OR LICENSORS AND THAT THE SAC, ITS

AFFILIATES, VENDORS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY VIEWS,

IDEAS, POSITIONS, AND THE LIKE CONTAINED IN ANY SUCH CONTENT.

Feedback. We encourage you to provide and share with us your questions, comments,

suggestions, ideas, and feedback regarding the Site and Index (collectively, “Feedback”). You

agree that the SAC has no obligations (including without limitation obligations of

confidentiality) with respect to such Feedback. You represent and warrant that you have all

rights necessary to submit the Feedback, and you hereby grant to SAC the irrevocable right and

license to use all Feedback in connection with the operation and maintenance of the Site, Index

and related SAC services.

Third Party Information. If you post or otherwise incorporate information regarding any third

party (“Third Party Content”) in your Content, you will obtain their consent before doing so.

You are responsible for your posting of Third Party Content. You agree that you will not post

any third party’s sensitive financial information, intellectual property, information that the third

party treats as confidential or proprietary information, and/or any other information that the third

party may consider to be a trade secret.

Grant of License by the SAC to Higg Users

Subject to the restrictions on use set forth below, the SAC hereby grants you a limited, nonexclusive,

non-assignable, non-transferable license (the “Limited License”) to: (i) access, and use

the Index; and (ii) distribute copies of and provide access and use of the Index to additional

SAC-authorized users (also “Higg Users") within your company or organization. The SAC

reserves the right to charge license or other fees to all Higg Users to use the Index. Any violation

of these Terms shall immediately and automatically terminate the Limited License granted herein

without notice to you. Upon termination of this Limited License, you agree to immediately

cease using the Index and destroy all copies of the Index and any associated content. Except for

the Limited License, you acknowledge that you have no right, title or interest in or to this Site or

the Index.

Restrictions on Use

We encourage your use of the Index and you to provide Content on the Site or through the Web

Tool, but the SAC imposes certain rules of conduct and restrictions on your permissible use:

• You may not access, retrieve or index any portion of the Index for purposes of

constructing or populating a database or other reference.

• You may not distribute copies of the Index to anyone outside of your company except as

set forth herein and instead shall direct any interested users to the Site. Such users shall

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be required to register, create an account and agree to these Terms before accessing,

downloading or using the Index.

• You may not share your scores or results from the Index except as otherwise permitted

under these Terms. You shall not, in any event, (a) include your Index score in any

marketing, advertising or promotional materials without the express written permission of

the SAC, (b) present your Index results or scores at a meeting or conference attended by

representatives from more than one outside organization without the prior consent of the

SAC, or (c) if you are a supplier, send a mass email to current and prospective customers

with your scores or your Facility Module(s) attached.

• You may not use our Services for the purpose of creating SPAM or bulk email messages.

• You agree to retain all copyright, trademark and other proprietary notices contained in the

Index and in any material you obtain from the Site and to attribute ownership to the SAC

except as otherwise noted.

• You are prohibited from using the trademarks and other graphics, logos, trade names,

service marks, copyrights and other intellectual property of others without the consent of

the owner.

• Unless otherwise stated, you may not sell, modify, reproduce, display, distribute, or

otherwise use the Index or any materials from the Index or the Site in any way for any

commercial purpose.

• If you are a consultant, vendor or service provider to an authorized User of the Index and

have accessed the Web Tool for the purpose of providing services to that specific

authorized User of the Index, you may not use the Index, inclusive of associated tools, for

any purposes other than in connection with providing services to that specific authorized

user of the Index and, in all cases, in accordance with these Terms.

• You may not post unauthorized communications (such as spam).

• You may not introduce viruses, trojan horses, worms, or other malicious material or code.

• You may not use any robots, spiders or other automatic devices, processes or means to

access, retrieve, scrape or compile any portion of the Site or Index.

• You may not use any device, software or routine that interferes with the proper working

of the Site or Index.

• You may not attempt to gain unauthorized access to, interfere with, damage or disrupt

any parts of the Index, the server on which the Index is stored, or any server, computer or

database connected to the Index.

• You may not remove, circumvent, disable, damage or otherwise interfere with any

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security-related features of the Index or features that enforce limitations on the use of the

Index.

• You may not solicit login and password information or access an account belonging to

someone else.

• You shall respect and shall not violate the privacy of others. You will not record, process,

or mine information about other users; or post any other person’s identifying documents

or information or any sensitive financial or personal information.

• You will not alter, modify, create derivative works of, decompile or otherwise attempt to

extract source code from us unless we give you express written permission.

• At all times when accessing, downloading, and using the Index and providing your

Feedback on the Site or through the Web Tool, you will act in compliance with all

federal, state, and local laws, regulations and ordinances and you may not use the Index

for any illegal purpose.

• You may not directly or indirectly attack the Index via a denial-of-service attack or a

distributed denial-of-service attack or otherwise attempt to interfere with the proper

working of the Index.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive

to respect local laws. The following provisions apply to users and non-users of the Index and the

Site outside the United States: (i) you consent to having your personal data transferred to and

processed in the United States; and (ii) if you are located in a country embargoed by the United

States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will

not engage in commercial activities on the Site.

Sharing Your Scores and Results

You may only share your score and results obtained from using the Site and Index with your

current business partners on a one-on-one basis and not for any commercial purpose or for public

dissemination, except with the prior consent of the SAC. Examples of permissible sharing

include but are not limited to: (i) suppliers sharing its Facility Module(s) with its brand or retail

partners; (ii) or brands or retailers sharing its Brand Module(s) with its supply chain partners; or

(iii) brands or retailers sending sharing requests to its suppliers and inviting its supplier partners

to complete and share its Facility Module(s) with the brand or retailer.

Accuracy of Results

The Index provides Higg Users with a suite of tools that are designed to, among other things,

enable Higg Users to estimate emissions levels and the environmental impact of an entity’s

conduct and business (“Outputs”) based on the inputs and information provided by such Higg

Users (“Inputs”). As such, you acknowledge and agree that the Outputs are wholly dependent

upon the accuracy, timeliness and completeness of the Inputs provided by you. SAC makes no

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warranty, representation, endorsement or guarantee regarding, and accepts no responsibility for

the accuracy, completeness, timeliness or reliability of any Outputs. SAC DISCLAIMS ANY

AND ALL WARRANTIES OF ACCURACY RELATING TO ANY OUTPUTS. You are solely

responsible for the consequences of any acts or omissions taken by you based on any Outputs.

SUCH OUTPUTS ARE ESTIMATES AND ARE INTENDED FOR INFORMATIONAL

PURPOSES ONLY, AND NOT INTENDED FOR ANY REPORTING PURPOSES.

Our Proprietary Rights

The SAC shall have and retain all right, title and interest in and to the Higg Index, including

without limitation all rights in the patents, copyrights, trade secrets and other intellectual

property and proprietary rights in the Index. Except for the license provided hereunder, you do

not acquire any right, title or interest in or to the Index.

The trademark HIGG INDEX is a registered trademark of the SAC. You are prohibited from

using this mark and other graphics, logos, trademarks and copyrights of the SAC without the

prior written consent of the SAC.

Copyright Infringement / Digital Millennium Copyright Act Notice

SAC is committed to respecting and protecting the legal rights of copyright owners. As such,

SAC adheres to the following notice and take down policy, in full compliance with Section

512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content or User

Content infringes upon your intellectual property rights, please submit a notification alleging

such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown

Notice must (i) be provided to Company’s designated agent, (“Copyright Agent”), as set forth

below, and (ii) include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of

an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works at a single online site are covered by a single notification, a

representative list of such works;

c. Identification of the material claimed to be infringing or to be the subject of infringing

activity and that is to be removed or access disabled and information reasonably

sufficient to permit the service provider to locate the material;

d. Information reasonably sufficient to permit the service provider to contact you, such as an

address, telephone number, and, if available, an electronic mail;

e. A statement that you have a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that, under penalty of perjury, the information in the notification is accurate

and you are authorized to act on behalf of the owner of the exclusive right that is

allegedly infringed.

SAC’s Copyright Agent to receive DMCA Takedown Notices is: support@apparelcoalition.org.

For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other

feedback, comments, online purchases or other communications should be directed to the

applicable customer service links posted on the Site. You acknowledge that in order for

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Company to be authorized to takedown any Content, your DMCA Takedown Notice must

comply with all of the requirements of this Section.

Disclaimer of Warranties

You acknowledge and agree that the disclaimers and limits set forth in these Terms reflect the

reasonable and fair allocation of risk between you and the SAC and are an essential basis of this

contract between you and the SAC. Your use of the Index and the information you obtain

through the Index is at your own risk.

NEITHER SAC NOR ANY OF ITS AFFILIATES, VENDORS AND LICENSORS, MAKES

ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS,

IMPLIED, OR STATUTORY, ABOUT THE QUALITY, ACCURACY, RELIABILITY,

AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS, SECURITY

OR TIMELINESS OF THE SITE, THE INDEX OR ANY CONTENT, OR THAT THE SITE,

INDEX OR ANY CONTENT OR ANY SERVICES OR INFORMATION OBTAINED

THROUGH THE SITE OR INDEX WILL BE ERROR-FREE OR UNINTERRUPTED, THAT

DEFECTS WILL BE CORRECTED, THAT THE SITE, INDEX OR THE SERVER THAT

MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

OR THAT THE SITE, INDEX OR ANY SERVICES OR INFORMATION OBTAINED

THROUGH THE SITE OR INDEX WILL OTHERWISE MEET YOUR NEEDS OR

EXPECTATIONS. THE SAC HAS NO LIABILITY FOR ANY ERRORS, MISTAKES,

INACCURACIES OR OMISSIONS IN THE INDEX OR ANY CONTENT THEREIN,

WHETHER PROVIDED BY THE SAC, ITS VENDORS OR LICENSORS OR ANY OTHER

PERSON OR ENTITY. THE INDEX IS PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST

EXTENT PERMITTED BY LAW, THE SAC, FOR ITSELF AND ITS AFFILIATES,

VENDORS AND LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SAC OR

ITS MEMBERS, LICENSORS, VENDORS, AGENTS OR ANY OTHER CONTRIBUTOR TO

THE INDEX BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OF ANY

KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH (A) THESE

TERMS; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF

REGISTRATION INFORMATION OR FEEDBACK PROVIDED ON THE SITE OR

THROUGH THE WEB TOOL, INCLUDING ANY PERSONAL INFORMATION; (C) THE

USE OR MISUSE OF THE INDEX BY ANY PERSON OR ENTITY; (D) ANY OF THE

INDEX CONTENT; OR (E) OTHERWISE; WHETHER BASED ON WARRANTY,

CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE

SAC OR ANY OF ITS MEMBERS, LICENSORS, VENDORS, AGENTS OR ANY OTHER

CONTRIBUTOR TO THE INDEX IS ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. AS USED IN THIS SECTION, “DAMAGES” MEANS INCIDENTAL,

CONSEQUENTIAL, INDIRECT, PUNITIVE, RELIANCE, EXEMPLARY AND/OR

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SPECIAL DAMAGES, INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM

LOST DATA OR BUSINESS INTERRUPTION. YOUR RIGHT TO ACCESS AND USE THE

SITE AND/OR INDEX IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE

TERMS, INCLUDING BUT NOT LIMITED TO ITS DISCLAIMERS OF WARRANTIES

AND LIMITATIONS OF LIABILITY. YOU AGREE THAT YOUR EXCLUSIVE REMEDY

SHALL BE TO IMMEDIATELY STOP USING THE INDEX AND THE SITE. YOU AGREE

THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL

SURVIVE ANY TERMINATION OR EXPIRATION OF THIS LICENSE AGREEMENT

AND TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED

HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE

AGGREGATE LIABILITY OF THE SAC OR ANY OF ITS MEMBERS, LICENSORS,

VENDORS, AGENTS, OR ANY OTHER CONTRIBUTOR TO THE INDEX WILL NOT

EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to defend, indemnify, and hold harmless the SAC and its members, licensors, vendors,

and any contributors to the Site and/or Index and their respective officers, directors, members,

managers, employees, consultants, agents, and representatives, (collectively, the “Indemnified

Parties”), from any and all claims, liability, damages, losses, suits, expenses, and/or costs

(including reasonable attorneys’ fees) (collectively, “Claims”) suffered by you arising from or

relating to (i) your access or use of the Site or Index, (ii) your violation of these Terms, (iii) your

violation of any applicable law or regulation, including violation of federal and state antitrust

statutes, rules or regulations, (iv) your anti-competitive practices, or (v) your Content. You

should not use Index results, answers, or scores as a sole or contributing factor in making

business decisions regarding any supply chain partners, and you agree to defend, indemnify, and

hold harmless the Indemnified Parties from third-party Claims arising from your business

decisions directly or indirectly or wholly or partly based on Index results, answers and scores.

The SAC will endeavor to notify you promptly of any such Claim and will provide you with

reasonable assistance, at your expense, in defending any such Claim.

Term and Termination.

The Terms commence on the date you accept them (as described in the preamble above) and

remain in full force and effect while you use the Services, unless terminated earlier in accordance

with the terms herein. Either party may terminate these Terms in the event the other party

materially breaches any provision of this Agreement and does not fully cure such breach within

thirty (30) days of the non-breaching party’s notice. You agree that all terminations for cause by

SAC, shall be made in SAC’s sole discretion, and that SAC shall not be liable to you or any third

party for any termination of your Account. Upon termination of any Service and/or these Terms,

your right to use such Service will automatically terminate immediately.

Governing Law

These Terms and your use of the Index shall be construed in accordance with and governed by

the laws of the United States and the State of California, without regard to their rules regarding

conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state or

federal courts in San Francisco, California, USA for all disputes arising out of or related to the

use of the Site, Index, Feedback provided to the Site or through the Web Tool, or these Terms,

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and you hereby submit to the personal jurisdiction of such courts. The SAC and you agree that

the Uniform Computer Information Transaction Act (UCITA), or any version of UCITA adopted

by any state, including California, will not govern or be used to interpret these Terms. The

United Nations Convention on Contracts for the International Sale of Goods (UNCCISG) does

not apply to these Terms.

Miscellaneous

These Terms constitute the entire agreement between the SAC and you regarding your access

and use of the Index, and supersedes any prior agreements between you and the SAC concerning

these matters. If any of these Terms is found to be inconsistent with applicable law, void, or

unenforceable for any reason, the remaining portions (and any partially-enforceable provisions)

shall not be affected thereby and shall remain valid and enforceable to the maximum possible

extent. The SAC’s failure to enforce any of these Terms will not be deemed a waiver of such

term or any other terms herein or a consent to any subsequent breach of the same or another

term. You may not assign or transfer your rights and obligations under these Terms without the

prior written consent of the SAC. The SAC may assign or transfer its rights and obligations

under these Terms at any time and without notifying you. Any of the Terms that are, by their

nature, intended to survive termination shall survive termination. Section titles are for

convenience only and have no legal effect. The Indemnified Parties are third-party beneficiaries

to these Terms.

English Language Controls

These Terms were written in English (US). To the extent any translated version of these Terms

conflicts with the English version, the English version shall govern and control.

Contact

If you have any questions concerning these Terms or the Index, please contact us through the

SAC website: http://www.apparelcoalition.org, or at support@apparelcoalition.org, or Attn:

Terms of Use Questions, Sustainable Apparel Coalition, P.O. Box 237, San Francisco, CA

94104-0237.

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