TERMS AND CONDITIONS OF USE
Updated May 25th, 2018
These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service, Green Badger’s Privacy Notice, and Green Badger’s Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.
To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of conflict with these terms.
These Terms are a contract between you and Green Badger. By accessing any portion of the Site, you have a limited license to use its contents for your personal, non-commercial use according to the Terms. As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. Green Badger may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services. These Terms cannot be waived or modified by any oral communications between you and Green Badger.
The Green Badger Site is for informational purposes only and does not constitute and should not be construed as a solicitation, offer or recommendation to engage in any transaction, including in respect of Green Badger or any herein referenced product.
Professional Services and Advice
No client, advisory, fiduciary or professional relationship is implied or established by your having access to this Site, and neither Green Badger nor any other person is, in connection with this website, engaged in rendering any professional services or advice.
Cautionary Language Regarding Forward-Looking Statements
This Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Green Badger does not undertake any obligation to publicly update or revise any forward-looking statements. Information contained in any press release relating to Green Badger is only current as of the date of press release.
Restrictions on Use of Green Badger Materials
Your license to use the Site includes the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you. Your use of any materials or software from the Site is terminable by Green Badger at any time under the circumstances described in these Terms. You agree to retain all copyright and other proprietary notices contained on the Site. The contents and use of the Site (including Green Badger’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws.
You may not:
1. Use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
2. Copy (except as set forth above for noncommercial personal use), modify, distribute, create any derivative or compilation work from, or display Green Badger’s name or logo, or any text, graphic images, or other content from the Site or redeliver such content using framing or similar technology;
3. Use any device designed to provide repeated automated access to any Site other than those made generally available by Green Badger;
4. Include “Green Badger,” “Green Badger, LLC,” any other Green Badger trademarked materials, the name of any Green Badger personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Green Badger and you, any other party, or any other website, or otherwise use these items without Green Badger’s express written permission;
5. Collect or store personal data about other users of the Site;
6. Upload, e-mail or otherwise transmit to Green Badger or through the Site or any Green Badger computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail”, surveys, unsolicited e-mail, “spam”, “chain letters,” “pyramid schemes”, or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Green Badger;
7. Create a link to any Site without Green Badger’s prior written permission;
8. Use the Site to advertise or perform any commercial solicitation; and/or
9. Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
10. Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services.
11. Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via use of any network monitoring or discovery software or otherwise.
Green Badger reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing Green Badger to disclose such information.
Green Badger does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users, nor does Green Badger endorse any opinions expressed by users or any third parties using the Site. Any reliance on material posted by other users shall be at your own risk.
Termination, Removal of Materials, and Monitoring
You agree that Green Badger may terminate, restrict, or suspend part or all of your license to access the Site and delete any content transmitted to or through the Site, at any time without prior notice to you and without any liability to you. Green Badger also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in Green Badger’s sole discretion, may create liability for Green Badger, its agents or its contractors or may affect Green Badger’s business relationships or contracts with its agents or its contractors. Green Badger further reserves the right to remove any materials that do not conform to these Terms, although Green Badger shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree that Green Badger has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Green Badger from any liability related to its monitoring activities. If Green Badger denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials.
Relationship of Green Badger and You
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Green Badger.
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Green Badger of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing Green Badger applications. You may request to unsubscribe by following the directions in such updates and Green Badger will permanently remove you from Green Badger’s registered list of subscribers.
Website Linking and Cautions About Third-Party Information Included in Site
For your general informational use only, Green Badger may provide access to third party websites. Green Badger is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to any Site via hyperlink or otherwise, whether such link is provided by Green Badger or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which Green Badger may link). By providing access to other websites, Green Badger is not recommending or supporting any third party or endorsing or acknowledging, except as expressly noted, that it is affiliated with any website’s sponsoring organization. Green Badger does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
Green Badger may include third party information on the Site for general informational purposes only. Green Badger is unable to verify the accuracy or completeness of third party information posted to the Site or accessible from the Site. Consequently, you agree that Green Badger does not guarantee, and is not liable to you for, the accuracy, results, completeness, authorship or suitability of any third party content, and Green Badger is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom Green Badger conducts business, and nothing in these Terms, shall be deemed to create any agency relationship or affiliation with, or endorsement or sponsorship of, such third parties or you or make the third parties or you partners or joint ventures with Green Badger, or otherwise provide you or any third parties with any rights to act on Green Badger’s behalf.
No Expectation of Privacy
GREEN BADGER MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly-accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. Green Badger does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. Green Badger will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see Green Badger’s complete Privacy Notice, incorporated into these Terms of Service by reference.
Errors and Corrections
Green Badger does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Green Badger does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. Green Badger may make improvements and/or changes to its features or functionality at any time.
Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION AND CONTENT ON THE SITE ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND THAT THE SERVICES, PRODUCTS, AND SOFTWARE AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAWS. YOU AGREE THAT GREEN BADGER IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN GREEN BADGER.
WITHOUT LIMITING THE ABOVE LIABILITY DISCLAIMER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL GREEN BADGER BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO YOU FROM YOUR USE OF THE SITE, OR THE MATERIALS AND SERVICES CONTAINED ON THE SITE (INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY TO YOU CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SITE, ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SITE), UNLESS ARISING SOLELY AND DIRECTLY FROM GREEN BADGER’S WILLFUL MISCONDUCT.
IN ANY EVENT, YOU AGREE THAT GREEN BADGER IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS); AND IN NO EVENT SHALL GREEN BADGER’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ANY ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, LIMITATIONS, OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY GREEN BADGER IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST GREEN BADGER, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
If you provide Green Badger with an email address for information delivery or otherwise request a non-secure delivery of information, you agree not to hold Green Badger responsible for any misuse or unauthorized viewing of that information.
In consideration of your use of the Site, you hereby agree to indemnify Green Badger (and any of its third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights), (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your Personal Information by a party other than Green Badger.
Applicable Law and Arbitration of Disputes
Green Badger controls and operates the Site from our offices within the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any applicable local laws. You agree that the laws of the State of Georgia (excluding any choice of law rules) govern your rights and obligations relating to Green Badger and your use of the Site. Exclusive jurisdiction and venue for any legal action or proceeding in any way related to the use of the Site shall be in the state court or district federal court for Savannah, Georgia.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect conforming to Green Badger’s intent for entering into these Terms. No waiver of these Terms shall be deemed a further or continuing waiver of such term or any other term.