Terms and Conditions
These terms and conditions, or any
part of them, may be changed or terminated by green-and-greener.com
(the “site” or “website”) without
notice at any time, for any reason. The provisions relating
to Copyrights, Indemnification, Legal Jurisdiction,
Limitation of Liability, Trademarks/Servicemarks and
Warranty Disclaimer, shall survive any termination.
ONE PERSON, LLC dba Green and Greener and the website
green-and-greener.com are interchangeable and synonymous
in these terms and conditions. Use or navigation of
this site is the user’s consent to be bound by
the following terms and conditions and other applicable
law.
The entire content included in this site, including
but not limited to text, graphics or code is copyrighted
as a collective work under the United States and other
copyright laws, and is the property of green-and-greener.com.
The collective work includes works that are licensed
to or for whom permission of use has been granted to
green-and-greener.com. Copyright 2006, green-and-greener.com
ALL RIGHTS RESERVED.
You agree to indemnify, defend, and hold harmless green-and-greener.com,
its officers, directors, employees, agents, licensors
and suppliers (collectively the "Service Providers")
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from
any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site
using your Internet account.
green-and-greener.com shall not be liable for any special
or consequential damages that result from the use of,
or the inability to use, the materials on this site
or the performance of the products, even if green-and-greener.com
has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion
of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to
you.
Your use of this site shall be governed in all respects
by the laws of the state of California, U.S.A., without
regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising
out of or relating to this site (including but not limited
to the purchase of green-and-greener.com products) shall
be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you
may have with respect to the site (including but not
limited to the purchase of green-and-greener.com products)
must be commenced within one (1) year after the claim
or cause of action arises. green-and-greener.com's failure
to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade
practice shall act to modify any of these terms and
conditions. green-and-greener.com may assign its rights
and duties under this Agreement to any party at any
time without notice to you. green-and-greener.com may
deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the
address you have provided to green-and-greener.com.
green-and-greener.com does not and cannot review all
communications and materials posted to or created by
users accessing the site or the site green-and-greener.blogspot.com,
and is not in any manner responsible for the content
of these communications and materials. You acknowledge
that by providing you with the ability to view and distribute
user-generated content on the site, green-and-greener.com
is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating
to any contents or activities on the site. However,
green-and-greener.com reserves the right to block or
remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another
or (d) offensive or otherwise unacceptable to green-and-greener.com
in its sole discretion.
green-and-greener.com may link to sites operated by
third parties. However, even if the third party is affiliated
with green-and-greener.com, green-and-greener.com has
no control over these linked sites, all of which have
separate privacy and data collection practices, independent
of green-and-greener.com. These linked sites are only
for your convenience and therefore you access them at
your own risk.
All trademarks, service marks and trade names of green-and-greener.com
used in the site are registered trademarks or servicemarks
of green-and-greener.com
In the event that a green-and-greener.com product is
mistakenly listed at an incorrect price, green-and-greener.com
reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. green-and-greener.com
reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your
credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled,
green-and-greener.com shall issue a credit to your credit
card account in the amount of the incorrect price.
Harassment in any manner or form on the site, including
via e-mail, chat, or by use of obscene or abusive language,
is strictly forbidden. Impersonation of others, including
a green-and-greener.com or other licensed employee,
host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site
any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate
the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit
others to join or become members of any other commercial
online service or other organization.
This site and the materials
and products on this site are provided "as is"
and without warranties of any kind, whether express
or implied. To the fullest extent permissible pursuant
to applicable law, green-and-greener.com disclaims all
warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. green-and-greener.com
does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or
the server that makes the site available are free of
viruses or other harmful components. green-and-greener.com
does not make any warrantees or representations regarding
the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above
limitations may not apply to you.
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