Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If, at any time, you choose not to accept these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all the sites and services owned or operated by Greenside Marketing, Inc. ("we," "us" or "our"), including greensidemarketing.com and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.
Intellectual Property Rights and Restrictions on Use of Materials
We do not represent or warrant that your use of the information and materials in the Sites will not infringe on the rights of third parties. The photographs or drawings of people or places contained in the Sites are owned by us with requisite authorization. Your use of this material is prohibited unless specifically authorized in these terms and conditions and may violate rights of publicity, trademark or copyright laws.
The contents of our Sites are protected by copyright and trademark laws and are the property of their owners. The Sites contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Greenside Marketing, Inc. and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Greenside Marketing, Inc. and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from the Sites is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C.
The Sites, including each of their modules, is the copyrighted property of Greenside Marketing, Inc. and/or its various third party providers and distributors. The Sites and the content provided on the Sites may not be copied, reproduced, adapted, exploited, republished, uploaded, posted, displayed, modified, transmitted, or distributed. The use of any material from the Sites on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Greenside Marketing, Inc. trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
Unauthorized use of the Sites and/or the materials contained on the Sites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited. You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
Links
These terms and conditions apply only to the Sites and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Other sites may link to any of the Sites only through a plain-text link to the home page of such Site. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may email Greenside Marketing, Inc. at legal@greensidemarketing.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to any of the Sites at our discretion at any time.
Submissions
We welcome your comments about any of the Sites. However, unless a Site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. This policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by us might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
Login/Registration
If you access the Sites anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Sites, you will be required to provide specific information. All information about you or the party you represent must be truthful, and you may not use any aliases or other means to mask your true identity. If the information you provide is concerning a party or business you represent, you hereby represent and warrant to us that you have the legal authority to provide the information about such party or business. Screen names or IDs may not be offensive, deceptive or violate any other party's rights. Any access codes or passwords provided should be kept confidential and safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
We may, at our discretion, suspend or terminate the registration of any user who violates any of these terms and conditions of use or for any other behavior that we, in our sole and absolute discretion, believe is inappropriate.
Monitoring
You agree that we have no obligation to, but may monitor and review information you transmit over the Sites. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these terms and conditions, and use any such information as necessary to protect the rights or properties of Greenside Marketing, Inc. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
We assume no responsibility for any discussions or transmissions on the Sites, even though we may review such discussions or transmissions periodically. Provided further, that we accept no responsibility to review such material and deny any liability resulting from the content of such material, including but not limited to any mistakes, omissions, defamation, obscenity or dangers contained in the materials. In using the Sites, you are prohibited from transmitting any unlawful, dangerous, defamatory, obscene material or any material that could encourage unlawful activity. We will cooperate with any court order or law enforcement request to disclose the identity of the person or entity making such posting.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS, SUPPLIERS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS, SUPPLIERS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS, SUPPLIERS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS, SUPPLIERS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EITHER DIRECT OR INDIRECT) THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, OR (B) INFORMATION YOU PROVIDE TO US ABOUT A PARTY OR BUSINESS YOU CLAIM TO REPRESENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OR ANY OTHER PARTY BY US OR ANY OF OUR LICENSORS, SUPPLIERS, REPRESENTATIVES OR INDEPENDENT CONTRACTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU OR ANY OTHER PARTY TO US, IF ANY, FOR ACCESSING THE SITES.
No Personal Advice
The information contained in or made available through the Sites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial or legal matters. Neither we nor our licensors, suppliers, representatives, independent contractors, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees, independent contractors, agents, attorneys and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) the accuracy or inaccuracy of any of the information you provide to us, (iv) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Jurisdictional Issues
We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Accuracy/Changes
The Sites may contain technical inaccuracies or typographical errors or omissions. We are not responsible for typographical, product information, advertising or shipping errors. We reserve the right to make changes, corrections and/or improvements to the Sites, and to the programs described in such information, at any time without notice.
Mis-Communications / Lost Transactions
Greenside Marketing, Inc. and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Greenside Marketing, Inc. and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites.
Use of Third Party Suppliers
In order to offer the services related to the Sites, we may use third parties. You acknowledge and agree that such third parties providing services for us may be independent contractors, and not agents or employees of Greenside Marketing, Inc.
Attorney's Fees
If we take any action to enforce these terms and conditions, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
Entire Agreement
This is the entire agreement between you and us relating to the subject matter it contains, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter. This agreement may be modified only by our posting of changes to these terms and conditions or by a writing signed by both parties.
Miscellaneous
These terms will be governed by and construed in accordance with the laws of the State of Arizona, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Maricopa County, Arizona. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions