Dispute Policy of the E=MC2 Company Inc. (owner of the Green Stock Exchange)

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E=MC² Dispute Policy

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E=MC² Company Inc. and its affiliates (individually or collectively the "Company") has created this dispute policy ("Dispute Policy") in order to facilitate resolving disputes between members, and between members and the Company. (i) For individual members, this privacy policy applies specifically to the Company's Services, as described in the E=MC² Terms of Service ("Agreement"), which is an integral and indivisible part of this Dispute Policy. Questions regarding this policy should be directed to:

We provide a safe, secure, and fun environment (venue) to allow anyone to share information, make new friends, find love, keep in touch with people, build careers, and do business with one another, through a worldwide multilingual network of friends, and blogs. We hope by providing this venue, it will create bridges for better understanding between people of different cultures, and interests.

The Company is an Internet Service Provider (ISP) that provides through its various proprietary technology, a rich collection of resources, including, but not limited to blog search engines, tools for creating social networks, tools for communications, tools for creating private portals, domain name registrations, keyword registrations, language tools, blog tools, communication tools, secure email, secure chat, secure file exchange, secure payment processing, co-branding programs, brand building programs, and various other services to individuals, and organizations (the "Services" as further described in the Terms of Service).

1. Purpose. The Company hereby adopts the Dispute Policy. This Dispute Policy is incorporated by reference into your Agreement which you have agreed to be bound by, and sets forth the terms and conditions in connection with a dispute between you and any other party or with the Company over any disputes relating to the use of the E=MC² Green Community Platform (as further described in the Terms of Service). Neither Company, nor any of the licensors, nor affiliates, nor associates has made, nor makes any determination as to the proprietary rights to the E=MC² Green Community Platform or has otherwise evaluated or makes any evaluation whether any registration ("Registrations") or use may infringe upon the rights of any third party. This Dispute Policy does not confer any rights, procedural or substantive, upon third parties and non-member third parties are not obligated to use this Dispute Policy, except as provided in this herein.

2. Rules of Procedure. Resolution proceedings will be conducted according to the rules for the Dispute Policy and the E=MC² Rules of Procedure ("Procedure"), and the appropriate Dispute Resolution Service Provider's supplemental rules. You have paid all fees in full to the Company, and state that you are not in violation of the Agreement, prior to filing a complaint, under the Dispute Policy.

3. Your Representations. By applying to register, using or renewing the use of the Services for the E=MC² Green Community Platform as described in the Agreement, you hereby represent and warrant to us that to the best of your knowledge:

(a) the statements that you made in your Agreement, and the subsequent changes to the Registration information are complete, truthful, accurate, and up-to-date; and

(b) to your knowledge, your Registration, use or renewal of the Services for the E=MC² Green Community Platform, will not directly or indirectly infringe upon or otherwise violate the rights of any third party; and

(c) you are not registering, using and renewing the use of the Services for the E=MC² Green Community Platform, for an unlawful purpose; and

(d) you will not use the E=MC² Green Community Platform, in violation of any applicable laws or regulations. It is solely your responsibility to determine whether your Registration for the E=MC² Green Community Platform, does not infringe or violate someone else's rights. Any breach by you of the above warranties constitutes material breach of the Agreement, and this Dispute Policy.

4. Changes. We will cancel, transfer or otherwise make changes to your use of the E=MC² Green Community Platform under the following circumstances, subject to this Dispute Policy, and according to the Procedure:

(a) our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; and/or

(b) our receipt of an order from a court or arbitration tribunal, in each case of competent jurisdiction, requiring such action; and/or

(c) our receipt of a decision of an authorized Administrative Panel requiring such action in any administrative proceeding to which you were a party; and/or

(d) our receipt of written or electronic instructions from our licensor to take such action.

We may also cancel, transfer or otherwise make changes to the use of the E=MC² Green Community Platform in accordance with the terms of your Agreement or other legal requirements.

4. Mandatory Administrative Proceeding. This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the appropriate Dispute Resolution Service Provider listed under Providers.

(a) Applicable Domain Name Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Procedure, that:
(i) your Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the Domain Name; and

(iii) your Domain Name has been registered and is being used in bad faith, but does not violates the Agreement. In the administrative proceeding, the complainant must prove that each of these three elements are present.

If the Agreement is violated, please file a complaint to the Company by sending a notice by email to:

(b) Money held in Escrow. You are required to submit to a mandatory administrative proceeding for money held in escrow that cannot be resolved via the Escrow service, in the event that a party to the Escrow account (a "complainant") asserts to the applicable Provider, in compliance with the Procedure, of:
(i) complainant is a buyer, who claims non-delivery of a product or service and seller who claims delivery of a product or service, in which a commercial transaction is completed via the E=MC² Green Community Platform; (ii) buyer who claims product or service described in an advertisement by seller is substantially different or substantially inferior to what buyer received by shipment;
(c) Dispute with the Company. You are required to submit to a mandatory administrative proceeding, if you are a registered Member and there is a dispute between you and the Company, in the event that you or the Company (a "complainant") asserts a complaint to the applicable Provider, in compliance with the Procedure;

5. Domain Names. In regards to Paragraph 4 (a), the following paragraph applies:

(a). Evidence of Domain Name Registration and Use in Bad Faith. For the purposes of Paragraph 4 (a)(iii), the following circumstances, in particular but without limitation, if found by the Administrative Panel to be present, shall be evidence of the Registration and use of a Domain Name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name Registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the Domain Name; or

(ii) you have registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Domain Name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the Domain Name primarily for the purpose of disrupting the business of a competitor or creating a false identity; or

(iv) by using the Domain Name, you have intentionally attempted to attract, for commercial gain, Internet users to your Web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your Web site or location or of a product or service on your Web site or location.
(b) How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to the Universal Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Administrative Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the Domain Name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
(c) Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your Domain Name or the transfer of your Domain Name Registration to the complainant.

(d) Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a Domain Name you have registered with us. All decisions under this Dispute Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

(e) Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4(a) shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your Domain Name Registration should be canceled or transferred, we will within (30) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that thirty (30) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under the Universal Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database.) If we receive such documentation within the thirty (30) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive evidence satisfactory to us of a resolution between the parties; evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your Domain Name or to put the Domain Name on "hold" or any other order from such court .

6. Procedures. This Paragraph sets forth the procedures for disputes for which you are required:

(a) Selection of Provider. The complainant shall select from the list, a appropriate Provider by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 6(c).

(b) Initiation of Proceeding and Process and Appointment of Administrative Panel. The Universal Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

(c) Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Dispute Policy or a later version of this Dispute Policy adopted by the registry administrator or registry.

(d) Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Dispute Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Universal Rules of Procedure. In such event, the complainant must pay all 100% of the fees up front to the Provider before you elect to expand the Administrative Panel. The Respondent will then pay 50% of the fee in order to respond to the dispute. If the complainant wins the dispute the complainant is refunded back 50% of the fees. If the complainant loses the dispute, 50% of the fees from the Complainant are given to the Respond ant, meaning the Respond ant pays nothing.

(e) Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel, except when there is a dispute between you and the Company, as described in 4(c). In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

7. All Other Disputes and Litigation. All other disputes between you and any party other parties that does not require mandatory administrative proceeding (according to the provisions of Paragraph 4) shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

8. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

9. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any use of E=MC² Green Community Platform Registration under this Dispute Policy except as provided in Paragraph 3 above, except when exercising Eminment Domain powers under the Agreement. However, at anytime we may exercise Eminent Domain powers as per Agreement at our sole discretion and as the Company deems appropriate.

10. Transfers During a Dispute.

a. Transfers of a Registration to a New Holder. You may not transfer your Registration to another holder during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of thirty (30) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or during a pending court proceeding or arbitration commenced regarding your Registration unless the party to whom the Registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel or revoke or suspend or reverse or terminate any transfer of a Registration to another holder that is made in violation of this subparagraph.

b. Changing Company. You may not transfer your Registration to another Company during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of thirty (30) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your Registration to another Company during a pending court action or arbitration, provided that the Registration you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Dispute Policy. In the event that you transfer a Registration to us, pending a court action or arbitration, such dispute shall remain subject to the dispute policy of the Company from which the Registration was transferred.

11. Dispute Policy Modifications. We reserve the right to modify this Dispute Policy at any time without the permission of the registry administrator or registry or any other party. We will post our revised Dispute Policy at least thirty (30) calendar days before it becomes effective. Unless this Dispute Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Dispute Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Dispute Policy, your sole remedy is to cancel your Registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Dispute Policy will apply to you until you cancel your Registration.

12. Disclaimer. THE REGISTRANT AGREES THAT COMPANY, THE REGISTRY ADMINISTRATORS, THE REGISTRY, OUR AFFILIATED COMPANIES, OUR ALLIES, OUR AFFILIATES, OUR ASSOCIATES, OUR EMPLOYEES, OFFICERS, EXECUTIVES OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S PORTAL, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY MAXIMUM LIABILITY EXCEED ONE (US $1.00) DOLLAR.

13. Notices and Announcements. You agree that any notices required to be given under this Dispute Policy by Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided, by facsimile transmission, or by first class mail, or by registered mail, or by E-mail, or by courier delivery or by any appropriate means. All notices arising out of this Dispute Policy, you, and the Claimant agree to deliver such notices to Company by registered mail or by courier deliver.

14. General. This Dispute Policy, the Agreement, and the Privacy Statement, any and all of our rules and policies, together with all modifications, constitute the complete and exclusive agreement between you and Company concerning your use of Company's Services, including your use of the E=MC² Green Community Platform, your Registration for the E=MC² Green Community Platform, shall supersede and govern all prior proposals, agreements, or other communications, whether established by custom, practice, policy or precedent.

Nothing contained in this Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Company to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You agree that the terms of this Dispute Policy are severable. In the event that any provision of this Dispute Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Dispute Policy unenforceable or invalid as a whole. Company will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Company as reflected in the original provision. This Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an appropriate authorized representative of Company. No employee, contractor, agent or representative of Company is authorized to alter or amend the terms and conditions of this Dispute Policy, without the prior written approval of a executive senior officer of Company. Any such actions may be deemed null, and void.

15. Non-Assignment. Your rights and/or obligations under this Dispute Policy are not assignable. In addition you agree not to transfer, loan, mortgage, pledge, encumber, rent, lease, license, sub-license or exploit this Dispute Policy or any of Company's Services. Any attempt by you to assign your rights and/or obligations shall render this Dispute Policy voidable at our option. Any attempt by your creditors or assignees to obtain an interest in your rights under this Dispute Policy, whether by attachment, garnishment or otherwise, shall render this Dispute Policy voidable at our option.

16. Language.
It is the express will of the parties that this Dispute Policy and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

This E=MC² Dispute Policy is Version Number 3.5

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