TERMS OF USE |
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Updated July 30, 2011 Thank you for visiting www.biggreencompany.com, www.biggreenrabbit.com and www.biggreenrabbitstore.com (individually and collectively, the "Website"). These terms of use (our "Terms of Use") describe the obligations and restrictions you agree to in exchange for being allowed to use our Website. Our privacy policy ("Privacy Policy") explains how we collect, use, and protect your information. Together, our Privacy Policy and Terms of Use form a legally binding contract between you and us which includes several complicated legal terms. If you are a under the age of 18, you MUST share and review these Terms of Use and our Privacy Policy with your parent or guardian before using our Website. ACCESS TO AND USE OF OUR WEBSITE IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS. IF YOU ARE OLDER THAN 13, BY ACCESSING AND USING OUR WEBSITE, YOU ACCEPT AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU ARE UNDER 13, USE OF THIS WEBSITE FOLLOWING VERIFICATION OF YOUR PARENTS' CONSENT WILL MEAN THAT YOUR PARENT HAS AGREED TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OR UNDERSTAND ANY PART OF THESE TERMS OF USE AND/OR OUR PRIVACY POLICY, DO NOT USE OUR WEBSITE OR PROVIDE ANY INFORMATION. INTELLECTUAL PROPERTY OWNERSHIP - Except as otherwise stated, the contents of our Website including, but not limited to, all text, images content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials, and all intellectual property rights therein ("Content"), are owned by us or our affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Owner") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website, trademarked and protected as a collective work (collectively with the Content, hereinafter referred to as the "Materials")You may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Materials. As between us and you, all right, title and interest in and to the Materials will at all times remain with us and/or its Owners. "Big Green Rabbit," "Big Green Company," "Big Green Rabbit Store," the "Big Green Rabbit" logo, "Big Green Rabbit Store" logo, the "Big Green Company" logo and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Big Green Company, Inc. LIMITED USE; RESTRICTIONS ON USE - The Materials provided on our Website is for your personal and non-commercial informational purposes only and does not create a business or professional services relationship with us. The use or misuse of any Materials, except as provided in these terms of Use, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) you shall not use any of our tradenames, trademarks, or brand names in metatags, keywords and/or hidden text, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without Our prior written permission, (e) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (f) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Us, or the applicable Owner, or any third party referenced therein, (g) you shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Materials, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed through the Website and our posting of any Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under our and/or any Owner's intellectual property rights, whether by estoppel, implication or otherwise. We may revoke your access to the Website at any time without prior notice, including by blocking your IP Address. THIRD PARTY SITES - Our Website may include links to other Internet sites. These sites are not under our control and we are not responsible for any content, link, product or service made available by any linked site, any link in a linked site, or the information collection practices and policies of any linked sites. All links are provided solely as a convenience and do not represent any endorsement, advertisement, approval or sponsorship of any information, products or services contained in or offered through such linked sites. SUBMITTED IDEAS - While we appreciate your interest in our Website, we do not want and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your Personal Information (as expressly provided for in the Privacy Policy, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through this Website or in response to solicitations in this Website shall be deemed to be non-confidential and non-proprietary and shall be our exclusive property. Further, you understand and acknowledge that we employ both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions and that we are only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that we assume no obligation of confidentiality or nondisclosure, express or implied by considering you suggestion or idea. Without limitation, we shall exclusively own, and you hereby irrevocably transfer and assign to us, all now known or hereafter existing rights in and to the suggestion, and we shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without compensation to you in any form whatsoever. DISCLAIMERS - WITHOUT LIMITING THE FOREGOING, THE WEBSITE, MATERIALS, CONTENT AND EVERYTHING AVAILABLE ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT YOU THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR ANY OF OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR BE CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. LIMITATION OF LIABILITY - YOUR USE OF THE WEBSITE IS AT YOUR RISK. NEITHER WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT, MATERIALS OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. CHOICE OF LAW AND ENFORCEMENT - Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, the Privacy Policy, and the Terms of Use, you are transferring your Personal Information to the United States and you consent to (i)such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States or the State of Colorado. Any claim or dispute between you and us that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum NO FRAMING; LINKS - Framing, in-line linking or other methods of association with the Website are expressly prohibited without our prior written approval. ABILITY TO ACCEPT TERMS OF USE - You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, or if you are under the age of 18, you have verified the consent of a parent who is more than 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and Privacy Policy, and to abide by and comply with these Terms of Use and Privacy Policy. SPAM - The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. MISCELLANEOUS - Our failure to enforce
any provision of these Terms of Use and/or Privacy Policy
shall not be deemed a waiver of such provision nor of the
right to enforce such provision. If any part of these
Terms of Use or our Privacy Policy is determined to be
invalid or unenforceable pursuant to applicable law,
including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and
the remainder of these Terms of Use and/or Privacy Policy
shall continue in effect. A printed version of these Terms
of Use and Privacy Policy and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these
Terms of Use and Privacy Policy to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained in printed
form. Any rights not expressly granted herein are reserved. Copyright Notice: © 2011 BIG GREEN COMPANY, INC. 2400 Spruce St., Ste. #200, Boulder, CO 80302
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© 2006-2011 big green company, inc. |