Revision Date: April 16, 2008
Welcome to GreenVillageGreen.com™, an online community that brings together businesses, homeowners and individuals interested in “green” building ideas, information and products ("GreenVillageGreen.com"). By using the GreenVillageGreen.com website (the "Website") you agree to be bound by these Terms and Conditions of Use (this "Agreement"), whether or not you register as a member of our directory (a "Directory Member"), subscribe to our free e-newsletter, the Green Village Green Gazette (“Gazette”), or make use of any of our other services offered from time to time (the directory, Gazette and such other services being collectively referred to herein as the “Services”). Please read these Terms and Conditions of Use and, to the extent you register for any Services, indicate your acceptance by following the instructions during registration.
You must be eighteen (18) years of age or older, or represented by someone eighteen (18) years of age or older, to register for any Services or to use the Website. Use of any Services is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions hereof.
This Agreement will remain in full force and effect during the time you are registered for any Services and/or use the Website. You may terminate your registration for any Services at any time, for any reason, by following the instructions on the “Resign” pages located in the “Account Settings,” or upon receipt by GreenVillageGreen.com of your written or email notice of termination. GreenVillageGreen.com may terminate your registration for any Services for any reason, effective upon sending notice to you at any email address you have previously provided to GreenVillageGreen.com. You will not be entitled to any refunds or compensation on account of any such terminations. Even after any such terminations and/or this Agreement is terminated, certain provisions of this Agreement will remain in effect, including sections 4, 5, 7 and 9-14.
3. Non Commercial Use by Members.
You agree not to use the Website for commercial purposes. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Directory Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on GreenVillageGreen.com.
GreenVillageGreen.com owns and retains all proprietary rights in the Website, including the directory of Directory Members (the “Directory”), the Gazette and the other Services. The Website contains the copyrighted material, trademarks, and other proprietary information of GreenVillageGreen.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
6. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GreenVillageGreen.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Green Village Green LLC, c/o Copyright Agent, P.O. Box 22366, Knoxville, Tennessee 37933.
Subscriptions to the Gazette will continue automatically unless cancelled by the subscriber or otherwise terminated by GreenVillageGreen.com.
8. User Disputes.
You are solely responsible for your interactions with other GreenVillageGreen.com users. GreenVillageGreen.com reserves the right, but has no obligation, to monitor disputes between you and other users.
GreenVillageGreen.com and its affiliates are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Directory, Gazette, or any other Services, whether caused by users of the Website, users or by any of the equipment or programming associated with or utilized in the Website. GreenVillageGreen.com is not responsible for the conduct, whether online or offline, of any user of the Website or Directory Members. GreenVillageGreen.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Directory Member communications. GreenVillageGreen.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Directory Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will GreenVillageGreen.com or any of its affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, the Directory, the Gazette or any of the other Services, any Content posted on the Website or transmitted to users, or any interactions between users of the Website, whether online or offline. The Website, the Directory, the Gazette and the other Services are provided "AS-IS" and GreenVillageGreen.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GreenVillageGreen.com cannot guarantee and does not promise any specific results from use of the Website, the Directory, the Gazette and/or the other Services.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will GreenVillageGreen.com or any of its affiliates be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website, the Directory, the Gazette or any of the other Services, even if GreenVillageGreen.com or any of its affiliates has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GreenVillageGreen.com's liability, and any liability to its affiliates, to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GreenVillageGreen.com for your use of the Website.
12. U.S. Export Controls.
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If there is any dispute about or involving the Website or any of the Services, by using the Website, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, County of Knox.
You agree to indemnify and hold GreenVillageGreen.com and its affiliates, and their officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Directory Member or subscriber to the Gazette or any of the other Services, contains the entire agreement between you and GreenVillageGreen.com regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. GreenVillageGreen.com™ is a trademark of Green Village Green LLC. All rights reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.