GREENIRR, INC. WEBSITE TERMS OF SERVICE
We are GreenIRR, Inc. (“GREENIRR”, “we”, or “us”) and we appreciate your visiting our website.
By accessing and using the GREENIRR website and using the Services, you agree to the terms and conditions of these Terms of Service. If you do not agree to the terms and conditions of these Terms of Service, please do not access or use the GREENIRR website or use the Services.
Provided you comply with these Terms of Service, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the GREENIRR website and Services, solely for your informational, noncommercial and personal use.
This license does not include: (a) any resale or commercial access or use of the GREENIRR website or the Services; (b) modifying or otherwise making any derivative uses of the GREENIRR website and Services or any portion thereof; (c) use of any data mining, robots, or similar data gathering or extraction methods; (d) downloading of any portion of the GREENIRR website and Services, except as expressly permitted by the GREENIRR website and Services; and (e) the use of the GREENIRR website and Services other than for its intended purposes. Any unauthorized use may also violate applicable laws including, without limitation, copyright and trademarks laws, and other local, state, national and international laws, rules and regulations (collectively, “Laws”). Nothing in the GREENIRR website and Services or these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time by us in our sole and absolute discretion.
Third Party Content and Events
We may display, provide information regarding, or provide links to third party events, websites, content, applications, tools, services, data, content or materials (collectively, “Third-Party Content and Events”) and may facilitate communications between you and third parties regarding Third-Party Content and Events. However, we do not endorse or control and makes no representations or warranties of any kind regarding such third-parties or any Third-Party Content and Events. Your participation in or use of any Third-Party Content and Events, and your dealings or correspondence with any third parties in connection therewith, are solely and exclusively between you and such third party. If you access or use Third-Party Content and Events, you should be aware that our terms and policies do not govern. You should carefully read and review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content and Events to which you access from the GREENIRR website or the Services.
Users use Third-Party Content and Events at their own risk.
User Content and Conduct; Acceptable Use
The GREENIRR website and the Services may include functionality and areas in which you or other users create, post, upload, transmit, distribute, store, or otherwise publish, any content, messages, events, material, data, content, information, opinion, text, music, sound, photos, videos, graphics, applications, code or other items or materials on or through the GREENIRR website or the Services (collectively, “User Content”). You are solely responsible for your User Content and use of the GREENIRR website and the Services is at your own risk.
You agree not to misuse the GREENIRR website or the Services, or help or assist anyone else to do so.
Without limiting the foregoing, you agree not to create, post, upload, transmit, distribute, store, or otherwise publish on or through the GREENIRR website or the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent, or otherwise objectionable;
- User Content that promotes or advocates bigotry or hatred against any person or group of persons based on any protected category under applicable Laws including, without limitation, based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment, or that stalks, intimidates, threatens or harasses or causes discomfort to any User or other person;
- User Content that violates or would create any liability under any Laws in any way, or that would constitute or encourage or provide instructions for a criminal offense, or that would violate the privacy or legal rights of any person;
- User Content that would constitute or include false source identifying information (e.g. -“spoofing” or “phishing”), or otherwise impersonates any User or other person or otherwise misrepresents who you are, or who you represent or are affiliated with;
- User Content that constitutes or includes any corrupted data, virus or other malware, or constitutes or includes a denial of service attack or spam, breaches or otherwise circumvents or attempts to circumvent any filtering, security or authentication measures, probes, scans or tests the vulnerability of the GREENIRR website or the Services, any system or network, or otherwise interferes with, or disrupts or is destructive of the GREENIRR website or the Services, any user, host, network or system; or
- User Content that sells the Services, uses the GREENIRR website or the Services for commercial purposes, or promotes or advertises any products or services, or sends unsolicited communications, promotions or advertisements, or constitutes a chain letter or pyramid scheme.
Enforcement of user content or conduct rules set forth in these Terms of Service is at our sole and absolute discretion, and failure to enforce such rules in some or any instances does not constitute a waiver of our right to enforce such rules in other instances. These rules do not create any private right of action on the part of any third party, or any reasonable expectation that the GREENIRR website and the Services will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content at any time with or without cause or reason and without notice. You are solely liable for creating backup copies of and replacing any User Content at your sole cost and expense.
If you post User Content, you grant us and our Affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the GREENIRR website and the Services and the promotion thereof or otherwise including, without limitation, the right to use your name, likeness, voice or identity. You represent and warrant that (a) you own or control all of the rights to the User Content that you post, or that you otherwise have the right to post such User Content to the GREENIRR website and the Services; (b) the User Content that you post is accurate and not misleading; and (c) use and posting of the User Content you provide does not violate these Terms of Service and will not violate any rights of or cause injury to any User or other person.
Disclaimer; Services “As Is”
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS, DISTRIBUTORS, BUSINESS PARTNERS AND ADVERTISERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GREENIRR WEBSITE OR THE SERVICES, THEIR AVAILABILITY, FUNCTIONALITY, ACCURACY OR RELIABILITY, OR YOUR ACCESS OR USE THEREOF, OR THAT THEY ARE ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GREENIRR WEBSITE AND THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE GREENIRR WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, DATA, CONTENT AND MATERIALS CONTAINED THEREIN.
We reserve the right in our sole and absolute discretion to change any and all content contained on or through the GREENIRR website or the Services, and to modify, suspend or discontinue the GREENIRR website and the Services or any features or functionality of the GREENIRR website of the Services at any time and from time to time without notice and without obligation or liability to you or anyone else. References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us, or any right, title or ownership of or in or to such third party’s content, trade name, trademark or other intellectual property rights owned or licensed by anyone else.
Limitations of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT SHALL WE OR OUR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “GREENIRR COVERED PARTIES”) BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS REVENUES, LOST PROFITS, LOST OPPORTUNITY OR LOST DATA, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE GREENIRR WEBSITE OR THE SERVICES, WHETHER OR NOT WE OR ANY OF OUR AFFILIATES IS AWARE OR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE GREENIRR COVERED PARTIES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE THE GREENIRR WEBSITE OR THE SERVICES EXCEED ONE UNITED STATES DOLLAR (US$1.00), REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION.
Read this section carefully. It requires you to waive your right to a jury trial and arbitrate certain disputes and claims and prohibits class or representative actions or arbitrations.
Any and all disputes or claims involving or related to the GREENIRR website and the Services will be exclusively resolved through individual arbitration held in New York, New York in accordance with the Commercial Arbitration Rules (collectively, “Rules”) of the American Arbitration Association (“AAA”), which are available on the AAA website and are hereby incorporated by reference. You and we will maintain the confidentiality of any such proceedings, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) or claim(s) therein.
NO CLASS ACTIONS. Any dispute related to these Terms of Service, the GREENIRR website or the Services will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Service affect interstate commerce and that the enforceability of this section will be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. to the maximum extent permitted by applicable Law.
For any arbitration you initiate, you will pay the filing fee and you and we will split the remaining AAA fees and costs. For any arbitration initiated by us, we will pay all AAA fees and costs.
You and we agree that the courts of the State of Connecticut and the United States located in Bridgeport, Connecticut have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If any portion of this arbitration section is found to be unenforceable for any reason, the unenforceable provisions shall be severed from these Terms of Service, and such severance shall have no impact on the remainder of the arbitration section or your or our ability to compel arbitration of claims on an individual basis pursuant to this section.
These Terms of Service will be governed by and interpreted in accordance with the internal laws of the State of Connecticut excluding its conflicts of laws principles.
Entire Agreement; No Third-Party Beneficiary
These Terms of Service constitute the entire agreement between you and us with respect to the subject matter of these Terms of Service and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Service. These Terms of Service create no third-party beneficiary rights.
You may not assign or transfer any of your rights under these Terms of Service, and any attempt to do so shall be void and of no force and effect. We may assign or transfer all or any portion of its rights and obligations to any one or more of its Affiliates, or to any successor in interest of any business associated with the Services. For all purposes of this Agreement, “Affiliate” means any business, person or entity that controls, is controlled by or is under common control with another person including, without limitation, GREENIRR.
The GREENIRR website and the Services are not directed to individuals under the age of thirteen (13). You must be thirteen (13) years and older to register on the GREENIRR website or use the Services. As a result, GREENIRR does not specifically collect information about children.
No data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you may have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
We do not represent that the GREENIRR website or the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access and use the GREENIRR website or use the Services do so on their own initiative and at their own risk and are responsible for complying with all Laws. We may limit the GREENIRR website’s and the Services’ availability or content, in whole or in part, at any time, to any person, geographic area or jurisdiction we chose, at any time and from time to time and in our sole and absolute discretion. By accessing or using the GREENIRR website or the Services and submitting any PII, you consent to the transfer of PII to other countries, which may provide a different level of security than your country of residence.
If you have any questions about the GREENIRR website or the Services, please feel free to contact us at firstname.lastname@example.org. Please note that email communications will not necessarily be secure.