GREENIACS® WEB SITE TERMS AND CONDITIONS OF USE
These GREENIACS® Web Site Terms and Conditions of Use (the "Terms and Conditions") explain the contractual agreement between you ("you", "your") and Greeniacs ("Greeniacs®", "we," "us," "our"), regarding your use of and access to the web site located at http://www.greeniacs.com/ (the "Web Site").
Your access to and use of this Web Site is subject to your acceptance of and compliance with these Terms and Conditions. Greeniacs® reserves the right to change these Terms and Conditions from time to time, without liability to you, and your continued use of this Web Site constitutes your acceptance of and agreement with any such changes.
There are two types of users of this Web Site: Visitors and Members. Visitors may access the Web Site free of charge and view all content. Members may (i) access the Web Site free of charge and view all content; and (ii) access and use additional Member services via the Web Site, including, but not limited to, the ability to publish content on the Web Site. If you would like to become a Member, please contact membership services using the contact form, or via telephone at 650-469-0804, or by clicking on the "Register" tab on the Web Site.
This Web Site and the content, and all intellectual property rights included in or associated with the Web Site, including, but not limited to patents, copyrights, trademarks and service marks (collectively "Content"), are owned or licensed by us, and all right, title and interest in and to the Web Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of viewing such web site, Content may not be copied, distributed, re-published, uploaded, posted, modified, reverse-engineered, or transmitted in any manner inconsistent with these Terms and Conditions. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such Content belongs to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Web Site or in the Content.
Greeniacs® shall have the unilateral right to terminate your use of the Web Site any time for any reason, including, but not limited to, your breach of these Terms and Conditions. Following any such termination, Greeniacs® shall have no further obligations, responsibilities, or liabilities to you. Notwithstanding anything to the contrary contained herein, in the event that either party terminates these Terms and Conditions, Greeniacs® shall in no way be precluded from pursuing any and all of its rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by your breach of these Terms and Conditions.
6. PROHIBITED ACTIVITIES.
You may not use any device, software or routine intended to damage or interfere with the proper working of the Web Site or to surreptitiously intercept or expropriate any system, data, images or other multimedia elements or personal information from the Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
7. LINKING AND THIRD PARTY CONTENT.
The Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Web Site may contain news and information published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.
8. CREDIT CARD INFORMATION.
Any credit card or debit card payments made by you shall be processed by a third-party payment processor. We do not store credit card or debit card information either on or outside the Web Site. It is your obligation to update or change your credit card information in the event that such information changes. Purchases shall be made via PayPal and shall be subject to PayPal's terms and conditions. We are not responsible for your ability or inability to utilize the PayPal function, for providing you initial or continued access to PayPal, or for any action or inaction by PayPal in connection with your purchases.
9. LAWS AND REGULATIONS.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Web Site and (ii) release of information to and retrieval of information from the Web Site. To the extent that any applicable taxes apply to your use of the Web Site, you are responsible for the payment of such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Web Site, as applicable, to any applicable government agencies, all without liability to us.
You agree to indemnify, save, defend, reimburse and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees), etc. resulting from: (i) your use of the Web Site; (ii) your breach of any provision of these Terms and Conditions; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission via the Web Site; and/or (iv) any intentional wrongdoing by you whether by action or omission.
11. DISCLAIMER OF WARRANTIES.
GREENIACS® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF FITNESS, PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS WEB SITE OR ANY INFORMATION PROVIDED HEREIN OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF SAME.
12. LIMITATION OF LIABILITY.
GREENIACS® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO ANY DATA OR BUSINESS/PERSONAL INFORMATION. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE WEB SITE OR THE INFORMATION PROVIDED VIA THE WEB SITE. GREENIACS® SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO BUSINESS INFORMATION, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, AND EVEN IF GREENIACS® HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY GREENIACS®.
13. GOVERNING LAW.
These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms and Conditions shall be heard exclusively in the courts, State and Federal, located in the State of California, County of Santa Clara, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms and Conditions, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions or complaints about these Terms and Conditions or the Web Site, please contact Customer Service via contact form or via telephone at 650-469-0804.