GENERATION GREEN WEB SITE TERMS AND CONDITIONS
Terms and Conditions Agreement
BY VISITING AND USING THE GENERATION GREEN THE BOOK WEB SITE YOU WILL BE AGREEING TO BE BOUND BY THESE TERMS OF USE (“TERMS AND CONDITIONS”). PLEASE READ THEM CAREFULLY AND IF YOU DISAGREE WITH THE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE. We reserve the right to post changes to the TERMS AND CONDITIONS on our site (the “Web Site”) at any time, and by your continuing to use the Web Site thereafter, you agree to be bound by the new version of the TERMS AND CONDITIONS. In these TERMS AND CONDITIONS “we” or the "generationgreenthebook team” refer to Linda & Tosh and/or their green team, and “User” or “you” refer to each visitor to this Web Site.
Web Site Access
We do not guarantee that access to or use of this Web Site will be uninterrupted or error free. We shall not be liable for any Web Site feature not being accessible or for any unavailability of its Web Site. The Web Site and its features may be expanded, limited or modified at any time by Linda & Tosh to meet the needs of its Users, or for technical or other reasons, without advance notice. To access some of the content or features of the Web Site, Users may need to reconfigure, enhance or change the hardware or software in their computer systems.
Web Site Content Limitations
This Web Site is provided on an “AS-IS” basis. Linda & Tosh shall not be responsible or liable for any errors or omissions in the Web Site content. Some of the information may not be applicable in, or compliant with, the laws or other legal requirements of certain countries. The Web Site content may be modified at any time by us, without advance notice.
License to Use Content
We grant you a limited personal use license to access, download and print reasonable portions of this Web Site content solely for your own personal use in conjunction with Linda & Tosh’s services, provided that the content is not modified and all proprietary notices and source references are kept intact. Apart from the licensed rights, Users may not reproduce, publish, translate, merge, sell, distribute, modify or create a derivative work of, the Content, or incorporate the Content in any other web site, in whole or in part. You may not frame or utilize framing techniques to enclose any content on this Web Site.
Third Party Content
Any information or content made available on or through this Web Site by Users (“Third Party Content”) is solely the responsibility of its respective providers and not of Linda & Tosh which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of each User to evaluate Third Party Content. Linda & Tosh shall not be liable for any damage or loss caused by Users’ reliance on, or other use of, Third Party Content.
Materials Posted by Users
By posting or submitting any content or materials to the Web Site forums or message boards, you will be granting Linda & Tosh a world-wide fully paid-up non-exclusive license to allow your content or materials to be edited and displayed by generationgreenthebook team on its Web Site and accessed by Users. You represent that you own or otherwise have the right to post your content or materials, that your content or materials are accurate, that use of your content or materials on the Web Site does not violate any laws, and that your content or materials will not cause injury to any person. You shall indemnify and hold harmless Linda & Tosh and the generationgreenthebook team and its Users from any claim or demand made by any third party due to or arising out of your content or materials. Linda & Tosh shall have the right to use your name and picture (if you submit one) in connection with your posted content or materials.
User Submissions and Conduct
A. As a generationgreenthebook.com account holder you may submit content, referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Linda & Tosh do not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Linda & Tosh to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Linda & Tosh you hereby grant Linda & Tosh a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the generationgreenthebook.com Website and Linda & Tosh (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the generationgreenthebook.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the generationgreenthebook.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your content from the Carrie & Danielle, Inc. Service. You understand and agree, however, that Linda & Tosh may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Linda & Tosh all of the license rights granted herein.
E. Linda & Tosh do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Linda & Tosh expressly disclaims any and all liability in connection with User Submissions. Linda & Tosh do not permit copyright infringing activities and infringement of intellectual property rights on their Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Linda & Tosh reserve the right to remove Content and User Submissions without prior notice.
Downloads
Linda & Tosh do not guarantee that files available for downloading through their Web Site will be completely free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing your own procedures for integrity, security and accuracy of downloaded files.
Links
As a convenience to Users, the generationgreenthebook.com Web Site may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Linda & Tosh shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Linda & Tosh of the linked sites.
Privacy
This Web Site may collect personal information from some Users. Because the generationgreenthebook team respects the privacy of its Users and their personal information, it has established the generationgreenthebook Privacy Policy to protect your personal information.
Communications
When you visit our Web Site or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you.
Proprietary Rights in the Web Site
The generationgreenthebook.com Web Site and its content are protected by copyright, trademark and other proprietary laws.
Premises
We operate from Los Angeles and New Hampshire, USA, and do not make any representation to the effect that all items on this site may be used in any other locations. People who access generationgreenthebook.com do so at their own initiative and are responsible for complying with all laws applicable to them.
Subscription Services
Although generationgreenthebook.com offers subscription services in many parts of the world, certain generationgreenthebook.com services may not be available in or suitable for some countries or locales. We reserve the right to discontinue or to make changes to any of our services, at any time, in any locale, without advance notice. Users may cancel account at any time by clicking the unsubscribe link provided with our emails.
Editorial Content
Products and services featured in our emails are selected by our editors. No one can pay to be featured by Carrie & Daneille, Inc. That’s what advertising is for, and it is always labeled as such.
DISCLAIMER OF WARRANTIES
LINDA & TOSH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL LINDA & TOSH BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DIRECT OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS CONTENT, EVEN IF LINDA & TOSH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
INAPPLICABILITY OF LIMITATIONS AND DISCLAIMERS
IN JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY, LINDA & TOSH'S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
The Terms and Conditions constitute the entire agreement between each User and Linda & Tosh governing the User’s access to and use of the Web Site and its services, and supersede all prior agreements regarding its subject matter. The TERMS AND CONDITIONS shall be governed by the laws of the United States of America without giving effect to any principles of conflicts of laws. Each User attorns and agrees to the non-exclusive jurisdiction of the courts of the United States of America. The failure by a User or the generationgreenthebook team to exercise any right or to enforce any provision of the TERMS AND CONDITIONS shall not constitute a waiver of such right or provision. If any provision of the TERMS AND CONDITIONS is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TERMS AND CONDITIONS will remain in full force and effect.
