Terms of Service
The following terms and conditions govern all use of the greenplanet21.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Green Planet 21, Inc., (“GP21”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GP21’s Privacy Policy) and procedures that may be published from time to time on this Site by GP21 (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GP21, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
When you access or visit the GP21 Website, including making a request for a quote on the GP21 Website, you are responsible for the information submitted in your interaction with the Website. Green Planet 21 will not be liable for any acts or omissions by you in making the submission, including any damages of any kind incurred as a result of such acts or omissions. Without limiting any of those representations or warranties, GP21 has the right (though not the obligation) to, in GP21’s sole discretion, (i) refuse or remove any content that, in GP21’s reasonable opinion, violates any GP21 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GP21’s sole discretion.
Responsibility of Website Visitors
Because of the nature of the Internet, it is not possible to review all of the material, including computer software, posted to the GP21 Website and links placed on the GP21 Website to other websites run by other entities, and GP21 cannot therefore be responsible for that material’s content, use or effects. By operating the Website, GP21 does not represent or imply that it endorses all material posted directly or through links to other websites as accurate, useful or non-harmful. Currently, the GP21 Website contains links to GP21 Utility Services website, Google Maps, Twitter, Facebook, Yelp, Youtube, and Linkedin You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website or websites to which the GP21 Website has a link may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The GP21 Website or websites to which the GP21 Website has a link may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GP21 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy
As Green Planet 21, Inc., asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by greenplanet21.com violates your copyright, you are encouraged to notify Green Planet 21 in accordance with Green Planet 21’s Digital Millennium Copyright Act (“DMCA”) Policy. Green Planet 21 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Green Planet 21 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Green Planet 21 or others. In the case of such termination, Green Planet 21 will have no obligation to provide a refund of any amounts previously paid to Green Planet 21.
Intellectual Property
This Agreement does not transfer from Green Planet 21 to you any Green Planet 21 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Green Planet 21. Green Planet 21, greenplanet21.com, the greenplanet21.com logo, and all other trademarks, service marks, graphics and logos used in connection with greenplanet21.com, or the Website are trademarks or registered trademarks of Green Planet 21 or Green Planet 21’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Green Planet 21 or third-party trademarks.
Green Planet 21 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Green Planet 21 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Green Planet 21 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. Further, Green Planet 21 can terminate the Website immediately as part of a general shut down of GP21 service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Green Planet 21 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Green Planet 21 nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Green Planet 21, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Green Planet 21 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Green Planet 21 Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
You agree to indemnify and hold harmless Green Planet 21, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Green Planet 21 and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Green Planet 21, or by the posting by Green Planet 21 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oakland, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Oakland, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Green Planet 21 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.