TERMS & CONDITIONS
INTRO
Welcome to The Green Challenges programs website and affiliate sites (the “Site”), which is owned by GREEN CHALLENGES CORP. (“GREEN CHALLENGES CORP.”) referred to herein as “we” or “us”. By using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site ("Terms"), you are indicating that you agree to follow and be bound by these Terms.
These Terms were last revised on April 22, 2009. These Terms apply solely to the Site.
1. MATERIALS ON THE SITE; USE OF CONTENT
(A) The Site provides a variety of information related to GREEN CHALLENGES CORP.. All content contained on the Site or presented to you through the Site by GREEN CHALLENGES CORP. and its third party suppliers or licensors, including but not limited to design, text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics, scripts or other material and the selection and arrangement thereof (collectively referred to herein as the “Content”), are subject to and protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use the Content as expressly authorized in these Terms or in writing by GREEN CHALLENGES CORP.. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and GREEN CHALLENGES CORP. and its third party suppliers and licensors retain all of its and their respective right, title and interest to the Site and Content.
(B) Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any of the Content, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of GREEN CHALLENGES CORP. or the respective copyright owner. Requests for such permission should be made tochris@thegreenchallenges.com.
(i) You may, without our permission, download, view, copy, retransmit and print Content, but only if:
(ii) the Content is used solely for personal, informational, or internal business purposes;
(iii) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration or otherwise used for commercial purposes;
(iv) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies of the Content;
(v) the Content is not modified or altered in any way; and
no graphics are used separately from accompanying text.
(D) Except as expressly provided herein, nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the Content under any copyright, patent, trademark or other intellectual property right.
2. YOU MAY NOT UNDER ANY CIRCUMSTANCE:
(a) Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
(b) Delete, modify or attempt to change or alter any of the Content on the Site;
(c) Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
(d) Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
(e) Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
(f) Use any names or trademarks of GREEN CHALLENGES CORP. or its third party suppliers or licensors as metatags or hidden text.
3. TRADEMARKS
Trademarks and/or service marks owned by GREEN CHALLENGES CORP., its parent or subsidiary companies or affiliates, as applicable. No trademark or service mark or other license is granted in connection with any such materials contained on the Site. Certain product, service, or company designations for companies other than GREEN CHALLENGES CORP. may be mentioned on the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where GREEN CHALLENGES CORP. is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
4. MODIFICATIONS TO TERMS
We may, in our sole discretion, change these Terms from time to time. We will notify you of changes by posting notice that these Terms have been updated on the Site’s home page and updating the “last revised” date above. Your continued access to and use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate your use of the Site.
5. TERMINATION OF SITE; MODIFICATION TO SITE
GREEN CHALLENGES CORP. reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, or to block or prevent future access to and use of the Site for any reason, with or without notice to you, and is not obligated to support or update the Site. Sections 1(a), 1(b), 1(d) and 2-14 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that GREEN CHALLENGES CORP. will not be liable to you or any third party in the event that GREEN CHALLENGES CORP. exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site in the future shall be considered part of the Content and will be subject to these Terms.
6. PRIVACY
GREEN CHALLENGES CORP. will treat any information it collects from you in accordance with its Privacy Statement. Our Privacy Statement is hereby incorporated into these Terms by this reference.
7. OTHER SITES, CONTENT, PRODUCTS AND SERVICES
The Site may provide links to websites and access to content, products and services of third parties, including without limitation, GREEN CHALLENGES CORP.’s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. Neither GREEN CHALLENGES CORP. nor its affiliated companies are responsible for (a) the availability of, and content, goods and services provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by GREEN CHALLENGES CORP. or its affiliated companies, or vice versa; (b) third party content, goods and services accessible through the Site, including opinions, advice or statements (and you understand that you bear all risks associated with the use of such content, goods and services); or (c) any loss or damage of any sort you may incur from dealing with any third parties on Other Sites.
8. SUBMISSIONS
If you submit any information or content to us via the Site (excluding personal information, which is addressed under the Privacy Statement at [http://www.thegreenchallenges.com/privacy]), including questions, comments, opinions, suggestions or other material, such information shall be deemed to be non-proprietary and non-confidential and GREEN CHALLENGES CORP. shall have no obligation of any kind with respect to such information, and shall be free to reproduce, use, disclose and distribute the information to others without limitation and without any compensation to you. GREEN CHALLENGES CORP. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.
9. DISCLAIMER
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREEN CHALLENGES CORP., AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “GREEN CHALLENGES CORP. PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE GREEN CHALLENGES CORP. PARTIES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR (E) ANY ERRORS ON THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GREEN CHALLENGES CORP. PARTIES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE GREEN CHALLENGES CORP. PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE, ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE EVEN IF THE GREEN CHALLENGES CORP. PARTIES WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNITY
You agree to indemnify, defend and hold harmless the GREEN CHALLENGES CORP. Parties from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with your use of or access to the Site, your use of the Content or your violation of these Terms.
12. GENERAL
If any provision of these Terms is found by a court or arbitrator to be invalid, unlawful, void or unenforceable, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in effect. GREEN CHALLENGES CORP.’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. GREEN CHALLENGES CORP. may assign its rights and duties under these Terms without such assignment being considered a change to these Terms and without notice to you. You may not assign these Terms without the prior written consent of GREEN CHALLENGES CORP.. These Terms, the Privacy Statement, any operating rules, policies, or procedures that may be posted from time to time by or on behalf of GREEN CHALLENGES CORP. on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
13. ACKNOWLEDGMENT
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
14. CONTACT
If you have any questions regarding these Terms or the Site, please contact us at info@thegreenchallenges.com.