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GREENTECH ITM™, INC. ACCESS TERMS OF SERVICE
1. Background. These Access
Terms of Service govern your use of the greentechitm.com web site, currently
available at http://www.greentechitm.com (the
"GreenTech Site"), which is owned and operated by GreenTech ITM,
Inc. ("GREENTECH"). By using the GreenTech Site, you agree to be bound by
these Access Terms of Service. If you do not agree to these Access Terms of
Service, you must immediately cease use of the GreenTech Site.
2. Modifications to the Terms of
Service. GreenTech may change these Access Terms of Service from time to time
without notice to you. Accordingly, you should review these Access Terms of
Service periodically. By continuing to use the GreenTech Site you agree to be
bound by the modifications to these Access Terms of Service. GreenTech reserves the
right to modify or discontinue, temporarily or permanently, the GreenTech Site
or any feature of the GreenTech Site, with or without notice to you. You agree
that GreenTech is not liable to you or any third-party for any such modification or
discontinuance or your access to the GreenTech Site.
3. Access License. Subject to
these Terms of Service, GreenTech grants you a limited, nonexclusive, nontransferable
license to access the GreenTech Site via the Internet, and to display and view
the content of the GreenTech Site, including any articles, information, logos,
photographs, drawings, and other materials contained therein (the
"Content"), on a single computer for informational purposes only. To the
extent the GreenTech Site contains any executable or object code, you agree not
to decompile, reverse engineer or disassemble such code. Except as expressly
granted hereunder, GreenTech reserves all rights in and to the GreenTech Site, and
nothing contained in these Terms of Service shall be construed as conferring, by
implication, estoppel, or otherwise any license or right under any patent,
copyright, trademark, trade dress, or other intellectual property right that GreenTech
or any third party may have in the GreenTech Site or its Content. Without
limiting the generality of the foregoing, except as expressly granted hereunder,
no right or license is granted to reproduce, distribute, publish, retransmit,
create any derivative works of, or otherwise commercially exploit all or any
portion of the GreenTech Site or the Content, whether electronically,
mechanically, or otherwise, including but not limited to, the copying of
presentation style, content, or content organization, without GreenTech’s prior
written permission.
4. Links. You may not create
links to the GreenTech Site without the prior written consent of GreenTech. The
GreenTech Site may contain links to other web sites or resources (the "Linked
Sites"). You acknowledge and agree that GreenTech has no control over and is not
responsible for the availability of the Linked Sites. You further acknowledge
and agree that GreenTech does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from the
Linked Sites. You agree that GreenTech shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or services
available on the Linked Sites.
5. Copyrights and Notices. You
acknowledge and agree that all right, title and interest in and to the
GreenTech Site and any and all Content belong to GreenTech or its third party content
providers, and You agree not to assert any claim to the contrary. Except for the
licenses expressly granted hereunder, all rights in and to the Content are
specifically reserved to GreenTech and its content providers. All logos, splash
screens, page headers, custom graphics and button icons displayed on the
GreenTech Site (collectively, "Marks") are service marks, trademarks, and/or
trade dress of GreenTech or its third party licensors, and nothing contained in this
Agreement shall be construed to grant, by implication, estoppel or otherwise,
any right or license to use the Marks. The use of any GreenTech software or the
software of third parties downloaded from the GreenTech Site shall be subject
to the terms and conditions of the license provided with the software. You may
not remove, alter or obscure any copyright or trademark notices or any other
proprietary legends contained in the GreenTech Site.
If you believe that any Content
contained in the GreenTech Site infringes upon any copyrights that you own, you
may notify GreenTech’s designated agent pursuant to the Digital Millennium Copyright
Act at the following address:
Charles Plageman GreenTech, Inc.
8401 Mayland Drive
Suite F
Richmond, VA 23294
6. User Content; Disclaimer of
Sponsorship. You acknowledge and agree that the GreenTech Site may contain
content that is provided by third parties, including, without limitation, other
users of the GreenTech Site. GreenTech is a distributor and not a publisher with
respect to content provided by third parties, and does not undertake to, and is
not responsible for, reviewing or editing any third party content. Any opinions,
advice, statements, services, offers or other information contained in third
party content are those of their respective authors and not of GreenTech or any of its
affiliates. All brand, product, service, and process names appearing on this
GreenTech Site are trademarks and service marks of their respective owners.
GreenTech’s reference to or use of a product, service, or process does not imply GreenTech’s
recommendation, approval, affiliation, or sponsorship of the respective product,
service, or process. Your correspondence with or participation in promotions,
sales or other transactions with advertisers or other users, of this web site,
including, without limitation, the purchase, sale and delivery of any related
goods or services, attendance at any seminars or similar events and any other
terms, conditions, warranties or representations associated with such
advertisements or postings found on the web site, are solely between you and
such advertiser or other user.
7. Disclaimer of Warranties.
THE GREENTECH SITE IS PROVIDED TO YOU "AS IS." YOU AGREE THAT YOU MUST
INDEPENDENTLY EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE
GREENTECH SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY RELIANCE BY YOU
ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE GREENTECH SITE. GREENTECH
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE GREENTECH SITE,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING, OR TRADE USAGE. GREENTECH MAKES NO WARRANTY THAT ANY PART OF THE
GREENTECH SITE (INCLUDING WITHOUT LIMITATION THE CONTENT) WILL MEET YOUR
REQUIREMENTS, THAT ANY PART OF THE GREENTECH SITE WILL BE UNINTERRUPTED, ERROR
FREE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER COMPUTER INSTRUCTIONS WHICH
DISRUPT, DAMAGE, DESTROY, OR INTERFERE WITH THE USE OF ELECTRONIC DEVICES OR
COMPUTERS; NOR DOES GREENTECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM ANY USE OF THE GREENTECH SITE OR AS TO THE ACCURACY, TIMELINESS,
COMPLETENESS OR RELIABILITY OF ANY PART OF THE GREENTECH SITE OR THAT ERRORS IN
ANY PART OF THE GREENTECH SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR
FROM THE GREENTECH SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. GREENTECH MAKES NO
WARRANTY REGARDING ANY GOODS NOTICES, EVENTS, LISTINGS OR SERVICES PURCHASED OR
OBTAINED ARISING OUT OF, THROUGH OR FROM THE GREENTECH SITE, INCLUDING WITHOUT
LIMITATION THE QUALITY OF SUCH GOODS OR SERVICES, THE TIMING OF EVENTS, THE
ACCURACY OF LISTINGS, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE GREENTECH
SITE.
THIS WEB SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE TO YOU, AND GREENTECH OR ANY GREENTECH SUPPLIER MAY IMPROVE OR CHANGE THE WEB
SITE AT ANY TIME.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
8. Limitations on Liability.
You agree that GreenTech and its affiliates and their respective officers, directors,
employees, contractors and agents shall not be liable for any damages, including
without limitation direct, indirect, incidental, special, consequential, and
exemplary damages.
Without limiting the generality of
the foregoing, GreenTech and its affiliates and their respective officers, directors,
employees, contractors and agents shall not be liable for any damages for loss
of profits, goodwill, use, or data, whether based on contract, tort, negligence,
strict liability or otherwise, regardless of cause, even if GreenTech has been advised
of the possibility of such damages, arising out of or relating to (i) the use
of, inability to use or delay in any part of the GreenTech Site or Content,
including without limitation any errors and omissions and any untimeliness in
the GreenTech Site; (ii) the cost of procurement of substitute goods and
services; (iii) any goods or services purchased or obtained through or from the
GreenTech Site; (iv) messages or content received or transactions entered into
through or from the GreenTech Site, including without limitation computer
viruses; (v) unauthorized access to or alteration of your transmissions or data;
or (vi) interruption, suspension or termination of the GreenTech Site,
regardless of whether such interruption, suspension or termination was
justified, negligent or intentional, inadvertent or advertent.
If you are dissatisfied with any
portion of the GreenTech Site, your sole and exclusive remedy is to discontinue
using the GreenTech Site.
Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages, so
some of the above limitations may not apply to you.
9. Indemnification. You agree
to indemnify, defend and hold GreenTech, its affiliates and their respective officers,
directors, employees, contractors and agents harmless from any claim, demand,
liability, loss, damage, costs and expenses, including, without limitation,
reasonable attorneys’ fees, arising out of or relating to your use of the
GreenTech Site, including, without limitation arising out of or relating to any
your violation of these Access Terms of Service or any other agreement with GreenTech
relating to your use of the GreenTech Site, or your violation of any rights of
a third party.
10. Privacy. Personally
identifiable information submitted by you through the GreenTech Site is subject
to GreenTech’s Privacy Policy which is available at http://www.greentechitm.com/privacy.asp
11. General Provisions. The
Terms of Service and the relationship between you and GreenTech shall be governed by
the laws of the State of Virginia without regard to its conflict of law
provisions. Any and all disputes arising from or in connection with the
GreenTech Site shall be subject to binding arbitration conducted by a single
arbitrator in Richmond, Virginia pursuant to the Commercial Arbitration Rules of
the American Arbitration Association, as now or hereafter amended; provided,
however, that GreenTech shall be entitled to seek injunctive and other equitable
relief in any forum of competent jurisdiction to enforce these Access Terms of
Service or its rights in the GreenTech Site and its Content without first
seeking or obtaining any decision in arbitration. No failure or delay of GreenTech to
exercise or enforce any right or remedy under these Access Terms of Service
shall constitute a waiver thereof. If any provision of these Access Terms of
Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these
Access Terms of Service remain in full force and effect.
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