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TERMS
OF SERVICE
Welcome to this web sites owned and operated by the Green
Planet Company. Green Planet Company is pleased to offer its
products and provide other related information and materials
to you through this Web site located at www.greenplanetcompany.net.
IMPORTANT
- BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS
CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY
AS THEY
GOVERN YOUR ACCESS TO AND USE OF THIS SITE. GREEN PLANET
COMPANY IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU
ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE
WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY GREEN
PLANET COMPANY TO ACCESS OR OTHERWISE USE THIS WEBSITE
AND ARE INSTRUCTED TO EXIT IMMEDIATELY.
TERMS AND CONDITIONS
LICENSE GRANT
This site is provided by Green Planet Company, and this
TOS provides to you (identified herein as
"you" or a "User") a personal,
revocable, limited, non-exclusive, royalty-free,
nontransferable license to use this site conditioned on your
continued compliance with the terms and conditions of this
TOS. You may print and download materials and
information from this site solely for your personal use,
provided that all hard copies contain all copyright and
other applicable notices contained in such materials and
information. This TOS is only a license and not an
assignment or sale. Accordingly, you expressly
acknowledge and agree that Green
Planet Company transfers
no ownership or intellectual property interest or title in
and to this site to you or anyone else.
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LICENSE
GRANT RESTRICTIONS
Notwithstanding the foregoing, you may not modify,
translate, decompile, create derivative work(s) of, copy,
distribute, disassemble, broadcast, transmit, publish,
remove or alter any proprietary notices or labels, license,
sublicense, transfer, sell, mirror, frame, exploit, rent,
lease, private label, grant a security interest in, or
otherwise use in any manner not expressly permitted herein,
including, without limitation, for commercial purposes, this
site and any of the information, images, text, graphics,
interfaces, photographs, audio, video, sounds, artwork,
designs, computer code (including html code), programs,
software, and documentation found on or accessible through
this site. Moreover, you may not (i) use any
"deep link," "page scrape,"
"robot," "spider," or other automatic
device, program, algorithm, or methodology, or any similar
or equivalent manual process, to access, acquire, copy, or
monitor any portion of this site or in any way reproduce or
circumvent the navigational structure or presentation of
this site to obtain or attempt to obtain any materials,
documents, or information through any means not purposely
made available through this site, (ii) attempt to gain
unauthorized access to any portion or feature of this site
or any other systems or networks connected to this site or
to any Green
Planet Company
server(s) or to any of the services offered on or through
this site, by hacking, password "mining," or any
other illegitimate means, (iii) probe, scan, or test the
vulnerability of this site or any network connected to this
site, nor breach the security or authentication measures on
this site or any network(s) connected to this site, (iv)
reverse look-up, trace, or seek to trace any information on
any other user of or visitor to this site, (v) take any
action that imposes an unreasonable or disproportionately
large load on the infrastructure of this site or Green
Planet Company
system(s) or network(s) or any system(s) or network(s)
connected to this site, (vi) use any device, software, or
routine to interfere with the proper working of this site or
any transaction conducted on this site, or with any other
person's use of this site, and (vii) forge headers,
impersonate a person, or otherwise manipulate identifiers in
order to disguise your identity or the origin of any message
or transmittal you send to Green
Planet Company
on or through this site. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY
INFORMATION OR MATERIALS PROVIDED BY GREEN PLANET COMPANY TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
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USER
OBLIGATIONS
By installing, accessing, or using this site in order to
view our information and materials and/or purchase a
product, you represent that you are of the legal age to
execute a legally enforceable contract under the laws of the
state and/or country in which you reside and will, at all
times, provide true, accurate, current, and complete
information when submitting information to this site,
including, without limitation, when you provide information
via a registration or submission form found on any of this
site. If you provide any false, inaccurate, untrue, or
incomplete information,
Green
Planet Company
reserves the right to terminate your access and use of this
site and/or cancel any of your product purchases or
transactions with Green
Planet Company.
In addition, you agree to abide by all applicable local,
state, national, and international laws and regulations with
respect to your use of this site. You also acknowledge
and agree that use of the Internet and this site are solely
at your own risk. While Green
Planet Company
has endeavored in each instance to create a secure and
reliable Site, you should understand that the
confidentiality of any communication or material transmitted
to/from this site over the Internet or other global
communication network cannot be guaranteed.
Accordingly, Green
Planet Company
is not responsible for the security of any information
transmitted via the Internet, the accuracy of the
information contained on this site, or for the consequences
of any reliance on such information. You must make
your own determination as to these issues.
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PROPRIETARY
RIGHTS
All text, graphics, user interfaces, visual interfaces,
photographs, audio, video, sounds, images, artwork, computer
code (including html code), programs, software, products,
information, and documentation as well as the design,
structure, selection, coordination, expression, "look
and feel," and arrangement of any content contained on
or available through this site, unless otherwise indicated,
are owned, controlled, and licensed by Green
Planet Company
and/or its suppliers and are protected by law including, but
not limited to, United States copyright, trade secret,
patent, and trademark law, as well as other state, national,
and international laws and regulations. Except as
expressly provided herein, Green
Planet Company
does not grant any express or implied right to you or any
other person under any intellectual or proprietary rights.
Accordingly, your unauthorized use of this site may violate
intellectual property or other proprietary rights laws as
well as other laws, regulations, and statutes. Please
be aware that Green
Planet Company
actively and aggressively enforces its intellectual property
rights to the fullest extent of the law. The www.greenplanetcompany.net
Web site is Copyright © 2007 Green
Planet Company
and/or its licensors. All rights reserved. Green
Planet Company
also owns a copyright in the contents of each of this site
as a collective work and/or compilation and in the
selection, coordination, arrangement, and enhancement of the
content of each of this site. Any downloadable or
printable programs, information, or materials available
through this site and all intellectual property and/or
proprietary rights related thereto, unless otherwise
indicated, are owned by Green
Planet Company
and/or its suppliers. TRADEMARK and all other names,
logos, and icons identifying Green
Planet Company
and its programs, products, and services are proprietary
trademarks of Green
Planet Company,
and any use of such marks without the express written
permission of Green
Planet Company
is strictly prohibited. Other product and company
names mentioned herein may be the trademarks and/or service
marks of their respective owners.
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ON-LINE-PURCHASES;
SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS
Additional notices, terms, and conditions may apply to the
purchase of goods, participation in a particular program,
and/or to specific portions or features of any of this site,
all of which are made a part of this TOS by this reference.
You agree to abide by such other notices, terms, and
conditions, including where applicable representing that you
are of sufficient legal age to acquire a product and/or use
or participate in a program, service, or feature. If
there is a conflict between this TOS and the terms posted
for or applicable to a specific portion of this site,
including any areas to enable the on-line purchase of items
or for any program or service offered on or through the
site, the latter terms shall control with respect to your
use of that portion of the site. Green
Planet Company obligations,
if any, with respect to its services, programs, and/or
products are governed solely by the terms, conditions,
notices, and agreements pursuant to which they are provided,
and nothing on this site should be construed to alter such
terms, conditions, notices, and agreements.
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PRIVACY
POLICY
You understand, acknowledge, and agree that the operation of
certain portions of the site and/or the receipt of certain
information, such as newsletters from this site, requires
the submission, use, and dissemination of various personal
identifying information. Accordingly, if you wish to
access and use those areas of this site, you acknowledge and
agree that your use of this site will constitute acceptance
of Green Planet
Company personal
identifying information collection and use practices.
Please see Green
Planet Company
Privacy Policy for a summary of Green
Planet Company personal
identifying information collection and use practices.
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ENFORCING
SECURITY ON THE SITE
Actual or attempted unauthorized use of this
site may result in criminal and/or civil prosecution,
including, without limitation, punishment under the Computer
Fraud and Abuse Act of 1986. Green
Planet Company
reserves the right to view, monitor, and record activity on
this site without notice or permission from you. Any
information obtained by monitoring, reviewing, or recording
is subject to review by law enforcement organizations in
connection with investigation or prosecution of possible
criminal activity on this site. Green
Planet Company
will also comply with all court orders involving requests
for such information. In addition to the foregoing, Green
Planet Company
reserves the right to at any time, and without notice, to
modify, suspend, terminate, or interrupt operation of or
access to this site, or any portion of this site, for any
reason.
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SUBMISSIONS
Green
Planet Company
welcomes your feedback and suggestions about how to improve
this site and/or the products and services of Green
Planet Company.
By transmitting any suggestions, information, material, or
other content (collectively, “feedback”) to Green
Planet Company,
you represent and warrant that such feedback does not
infringe, misappropriate, and/or violate the intellectual
property or proprietary rights of any third party
(including, without limitation, patents, copyrights, or
trademark rights) and that you have all rights necessary to
convey such feedback to Green
Planet Company.
In addition, any feedback received through Green
Planet Company Sites
will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license
for Green Planet
Company
to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, and display
(in whole or in part) worldwide, or act on such feedback
without additional approval or consideration, in any form,
media, or technology now known or later developed for the
full term of any rights that may exist in such content, and
you hereby waive any claim to the contrary.
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THIRD
PARTY PRODUCTS/SERVICES
Green
Planet Company,
in its sole discretion, may post the advertisements of third
parties on this site and/or feature materials, programs,
products, and services provided by third parties. Green
Planet Company
makes no representations with respect to, nor does it
guarantee or endorse, the quality, non-infringement,
accuracy, completeness, timeliness, reliability, or correct
sequencing of such third party materials, programs,
products, and services or any other materials, programs,
products, and services which such third party materials,
products, and services may access. Your correspondence
or any other dealings with third parties found on this site
are solely between you and such third party. Green
Planet Company
expressly disclaims responsibility and liability for all
third party provided materials, programs, products, and
services contained on or accessed through this site, and you
agree that Green
Planet Company
shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as the result
of the presence of such third parties on this site.
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LINKS
TO OTHER SITES
Green
Planet Company
may provide links, in its sole discretion, to other sites on
the World Wide Web for your convenience in locating related
information, products, and services. These sites have
not necessarily been reviewed by Green
Planet Company
and are maintained by third parties over which Green
Planet Company
exercises no control. Accordingly, Green
Planet Company
expressly disclaims any responsibility for the content,
materials, accuracy of information, and/or quality of the
products or services provided by, available through, or
advertised on these third party web sites. Moreover,
these links do not imply an endorsement with respect to any
third party or any web site or the products or services
provided by any third party.
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LINKS
TO THESE SITES
Green Planet
Company
encourages and permits text links to these Sites.
However, Green
Planet Company
is an organization committed to the highest ethics and
standards and therefore, any links to this site should not
suggest that Green
Planet Company
promotes or otherwise endorses any third party products,
services, programs, causes, campaigns, websites, or
information unless Green
Planet Company
has provided express prior written consent for such
promotion or endorsement.
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DISCLAIMER
WHILE GREEN PLANET COMPANY ENDEAVORS TO PROVIDE THE MOST
ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES,
SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION,
SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH
THESE SITES ARE PROVIDED ON AN "AS-IS" AND
"AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS,
OMISSIONS, OR OTHER INACCURACIES. GREEN PLANET COMPANY DOES
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION,
INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO
CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON
THIS SITE. MOREOVER, GREEN PLANET COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND
MATERIALS AVAILABLE ON THESE SITES FOR ANY PURPOSE, AND
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. GREEN PLANET COMPANY MAY MAKE
MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THESE SITES OR
IN THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS
AVAILABLE ON THESE SITES AT ANY TIME AND FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE
INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE
SITES.
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LIMITATION
OF LIABILITY
You expressly absolve and release Green
Planet Company
from any claim of harm resulting from a cause beyond Green
Planet Company
control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes, or other labor
problems, wars, or governmental restrictions.
MOREOVER, IN NO EVENT SHALL GREEN PLANET COMPANY BE LIABLE
FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THESE SITES OR WITH THE DELAY OR INABILITY
TO USE THESE SITES, OR FOR ANY INFORMATION, SERVICES, AND
MATERIALS AVAILABLE THROUGH THESE SITES, OR OTHERWISE
ARISING OUT OF UTILIZATION OF THESE SITES, WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF
GREEN PLANET COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL
LIABILITY OF GREEN PLANET COMPANY FOR ANY REASON WHATSOEVER
RELATED TO USE OF ANY OR ALL OF THESE SITES SHALL NOT EXCEED
THE TOTAL AMOUNT PAID BY YOU TO GREEN PLANET COMPANY DURING
THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF
THE PARTICULAR DISPUTE.
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INDEMNITY
You agree to defend, indemnify, and hold harmless Green
Planet Company and
its affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors,
and assigns from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys’ fees and
litigation expenses), relating to or arising from any breach
by you of this TOS.
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GOVERNING
LAW
This TOS has been made in and will be construed and enforced
in accordance with the laws of the State of Texas as applied
to agreements entered into and completely performed in the
State of Texas. Any action to enforce this TOS will be
brought in the federal or state courts presiding in Texas,
U.S., and all parties to this TOS expressly agree to be
subject to the jurisdiction of such courts. A printed
version of this TOS and of any related notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
TOS to the same extent and subject to the same conditions as
other business documents and records originally generated
and maintained in printed form. This site is
controlled and operated by Green
Planet Company
from its offices and facilities within the United States.
Green Planet
Company
makes no representation that this site is appropriate or
available for use in other locations, and access to this
site from territories or nations where any aspect of this
site are illegal is prohibited. You access this site
on your own voluntary behalf and are responsible for
compliance with all applicable local laws.
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TERM
AND TERMINATION
This TOS will take effect at the time you click “Send
Request”, submit information through this site, respond
to a request for information, and/or begin installing,
accessing, or using any of this site, whichever is earliest.
Green Planet
Company
reserves the right at any time and for any reason to deny
you access to any and/or all of the Green
Planet Company
Sites or to any portion thereof and to terminate this TOS.
This TOS will terminate automatically if you fail to comply
with this TOS, subject to the survival rights of certain
provisions identified below. Termination will be
effective without notice. You may also terminate this
TOS at any time by ceasing to use this site, but all
applicable provisions of this TOS will survive termination,
as identified below. Upon termination, you must
destroy all copies of any aspect of this site in your
possession. The provisions concerning proprietary and
intellectual property rights, submissions, indemnity,
disclaimers of warranty and liability, admissibility of this
TOS, and governing law will survive the termination of this
TOS for any reason.
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WAIVER
& SEVERABILITY
Failure to insist on strict performance of any of the terms
and conditions of this TOS will not operate as a waiver of
any subsequent default or failure of performance. No
waiver by Green
Planet Company
of any right under this TOS will be deemed to be either a
waiver of any other right or provision or a wavier of that
same right or provision at any other time. If any part
of this TOS is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and the liability limitations set
forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most clearly matches the intent of the original
provision and the remainder of this TOS shall continue in
effect.
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ENTIRE
AGREEMENT
No joint venture, partnership, employment, or agency
relationship exists between you and Green
Planet Company
as result of this TOS or your utilization of any these Green
Planet Company
Sites. This TOS, Green
Planet Company Privacy
Policy, and any related or associated product purchase,
service, or software license agreements, which are all
hereby incorporated by reference as if set forth fully
herein, represent the entire agreement between you and Green
Planet Company
with respect to use of any of this site, and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral, or written between you and Green
Planet Company
with respect to this site. Please note that Green
Planet Company
reserves the right to change the terms and conditions of
this TOS and the terms and conditions under which this site
and its many offerings are extended to you by posting a
revised TOS and mailing and/or e-mailing notice thereof to
you. In addition, Green
Planet Company
may add, modify, or delete any aspect, program, or feature
of this site. Your continued use of this site following any
addition, modification, or deletion will be conclusively
deemed acceptance of any change to the terms and conditions
of this TOS. Accordingly, please review the TOS found at
this location on a periodic basis.
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CONTACT
INFORMATION
If you have questions regarding this site or if you are
interested in obtaining more information concerning Green
Planet Company
and its products or services or permission to use any
content, please e-mail Green
Planet Company: info@greenplanetcompany.net
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