E-COMMERCE TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use and the Privacy Statement carefully before using this web site.
The use of this web site (“Site”) is governed by the policies, terms and conditions (“Terms”) set forth below. By accessing and using this Site, you are expressly agreeing to be legally bound by the Terms. Greenleaf Corporation (“Greenleaf”) reserves the right to make changes to the Site and these Terms at any time. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms. These Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Greenleaf for products or services.
Limited License. Greenleaf grants you a limited license to make personal use only of the Site. The limited license does not include, without limitation, the right to: (a) resell or commercially use this Site or any Site materials; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the Site materials not intended to be used in that manner; (c) copy, imitate, reproduce, distribute, publish, download, display, post or transmit any Site materials (including any Greenleaf trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) collect and use of any product listings or descriptions; (e) make derivative uses of the Site and any Site materials; or (f) use any data mining or similar data gathering and extraction methods, directly or indirectly, on the Site materials or to collect any information from the Site or any user of the Site. The limited license does not include any right or license in or under a patent, trademark, copyright, or proprietary right of Greenleaf or any third party and no such right or license is granted by implication, estoppel, or otherwise. You may not use any meta tags or any other "hidden text" utilizing Greenleaf's name, trademark, or product names without Greenleaf’s express written consent. Site materials include, without limitation, trademarks, designs, product descriptions, HTML text, graphics, files, photographs, codes, software, and layouts.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Unauthorized use may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
No Warranties. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE THAT YOU ARE AUTHORIZED TO USE THE SITE, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, GREENLEAF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Changes, Misprints, Errors and Cancellations. Greenleaf reserve the right to change the products advertised or offered for sale through this Site, the prices or specifications of such products, any promotional offers and any other Site materials at any time without any notice or liability to you or any other person. Greenleaf cannot guarantee that products advertised or offered for sale on this Site will be available when ordered or thereafter and reserves the right to limit quantities sold or made available for sale. Greenleaf does not warrant that the Site materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free and reserves the right to cancel, terminate or not process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If Greenleaf does not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
Passwords and Security. If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Greenleaf immediately. Greenleaf reserves the right to take any and all action it deems necessary or reasonable to ensure the security of the Site and your account, including, without limitation, changing your password, terminating your account or requesting information to authorize transactions on your account. Notwithstanding the above, Greenleaf may rely on the authority of anyone accessing your account or using your password. In no event will Greenleaf be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction of Greenleaf under this provision, any compromise of the confidentiality of your account or password, or any unauthorized access to your account or use of your password.
Compliance with Laws. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Iraq, Cuba, North Korea, Rwanda, and Syria), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties which prevent verification of the identity of, and ultimate point of access by, any person attempting to access or use this Site, your access of the Site, including the presentment of any authorized user ID and password, constitutes your express representation that the person or entity attempting access (1) is not a national of any sanctioned country or group or a Specially Designated National, (2) is not included on the Denied Parties list, and (3) that, if an authorized user, you have not disclosed or provided your password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution for any violations of law and USERS HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD GREENLEAF HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES AND LIABILITY.
This Site is controlled and operated from within the United States of America, and Greenleaf does not represent that the Site is appropriate for use outside the United States. If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export control laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.
Submissions. Greenleaf does not want to receive confidential or proprietary information from you through this Site. With the exception of credit card and certain order information, any information or material sent to Greenleaf will be considered non-confidential information. By sending any non-confidential information to Greenleaf through this Site, you grant Greenleaf an unrestricted, irrevocable, free and exclusive right to use, reproduce, display, modify, transmit and distribute that information, as well as to use that information for any purpose without compensation to you. If you register on the Site, you represent that any information you provide to us is current, accurate and complete. By using the Site, you agree that you will not do any of the following:
- Upload or transmit to or through this Site any message, information, text or other material ("Transmission") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Upload or transmit to or through this Site any Transmission that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- Upload or transmit to or through this Site any Transmission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Transmission, you represent and warrant that you have the lawful right to distribute and reproduce such Transmission;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit to or through this Site any Transmission such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions; and
- Upload or transmit to or through this Site a harmful Transmission of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Trademarks. “Greenleaf”, the Greenleaf Leaf logo, “Excelerator”, “Excelerating Solutions”, “WG-300”, “WG-600”, “Hushcut”, “Powerlock” “Powermill”, “Powersine”, “Powerslot”, “Turboform” and “Rough Stuff” are registered trademarks of Greenleaf Corporation and/or its affiliates. Those trademarks and other Greenleaf product or service names or logos shown in the Site may not be copied, imitated or used, in whole or in part, without the prior written permission of an officer of Greenleaf. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Greenleaf and may not be copied, imitated, or used, in whole or in part, without the prior written permission of an officer of Greenleaf. The absence of a product or service name or logo from this list does not constitute a waiver of Greenleaf Corporation's trademark or other intellectual property rights concerning that name or logo.
Copyrights. All material included on this Site, including text, drawings, graphics, logos, icons, images, photographs and software is the property of Greenleaf Corporation and/or its affiliates and is protected by U.S. and international copyright laws. Any reproduction or use of any of the contents of this Site without the prior written consent of an officer of Greenleaf Corporation is prohibited. You may electronically copy and print in hard copy form portions of this Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Site, including any commercial use or reproduction for purposes other than described above, without the prior written permission of an officer of Greenleaf is strictly prohibited.
LIMITATION OF LIABILITY AND INDEMNIFICATION. IN NO EVENT WILL GREENLEAF, ITS AFFILIATES, THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GREENLEAF ITS AFFILIATES, THEIR EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
IF THE ABOVE LIMITATION OF LIABILITY AND INDEMNIFICATION ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, GREENLEAF'S AGGREGATE LIABILITY TO YOU FOR ANY REASON ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF US$50.00. IN THE EVENT ANY OF THE TERMS ARE FOUND TO BE UNENFORCEABLE, ALL OTHER TERMS HEREIN WILL REMAIN IN EFFECT.
Applicable Law and Dispute Resolution. These Terms will be interpreted under the laws of the Commonwealth of Pennsylvania regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of this Site must first submitted in writing to Greenleaf within 30 days from the occurrence of the event upon which the Claim is alleged to be based, or the Claim will be deemed waived. Regardless of where you access this Site, you agree that any action at law or in equity arising from your access or use of this Site, or relating to these Terms, shall be filed and adjudicated only in the federal or state courts located in Pittsburgh, Pennsylvania, U.S.A. and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any such suit, action or proceeding. Any Claim that has been properly submitted to Greenleaf and has not been resolved within a reasonable period time not to exceed six months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST GREENLEAF BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Pittsburgh, Pennsylvania, U.S.A. in accordance with its applicable commercial rules and procedures. Any award will specifically exclude any consequential, incidental, punitive, special, indirect, or exemplary damages.
Legal Equivalency. This Site is an electronic document. This Site and any other electronic documents, policies and guidelines incorporated in this Site will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Injunctive Relief. You agree that Greenleaf and its affiliates would be irreparably harmed by your use of this Site in connection with the distribution of unsolicited e-mail or any other violation of these Terms, and that Greenleaf shall be entitled to obtain injunctive relief against any such use (in addition to and without limitation of Greenleaf's right to take all lawful measures to halt such activity and to pursue all other remedies available to Greenleaf at law or in equity) without the necessity of posting a bond or providing any other security.
If you have any questions about these Terms, please e-mail us at: email@example.com