TERMS OF SERVICE GREEN IS BETTER
Date Last Modified: November 1st , 2014
We are so glad you are joining us on-line at the Green is better , Inc. website www.greenbusinessonly.com (“Website”) and thank you for reviewing our Terms of Service. We hope that you will join us for lunch or dinner soon. Green is better , Inc (hereinafter collectively referred to as “Green is better ”) makes this Website, including all information, documents, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Service set forth herein. The Terms of Service spell out what you can expect from us and what we expect from you when utilizing our Website.
1.Acceptance of Terms of Service and Non-Transferability.
By using our Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Service”). Please read these Terms of Service carefully. If you do not agree to the Terms of Service, do not use our Website. By accessing, using, or downloading in any way, without limitation, any Materials from our Website or merely browsing our Website, you agree to and are bound by these Terms of Service. Green is better reserves the right to change the Terms of Service at any time, without prior notice to any Website visitor (“User”), so we suggest that you review the current Terms of Service at the start of each visit to the Website. If you breach any of the Terms of Service, your authorization to use our Website automatically terminates. A User’s right to use our Website is not transferable.
2.Intellectual Property Rights.
a. Copyright Information and Personal and Non-Commercial Use Limitation. All Materials and the compilation of all content included on our Website is owned or licensed by Green is better and protected by United States and international copyright laws. Green is better does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms of Service. Unless otherwise specified, the Materials on our Website is for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Green is better . Users may not provide copyrighted or other proprietary information to Green is better without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
b. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to Green is better’s Designated Agent listed below. For your notice to be effective, it must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. description of the copyrighted work that you claim has been infringed upon;
iii. A description of where the material that you claim is infringing is located on our Website;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
v. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Green is better’s Designated Agent is available upon request.
c. The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
d. Trademarks. Green is better owns trademarks for its many goods and services. These and other logos and service marks are trademarks of Green is better and may not be used without prior written consent of Green is better . All other trademarks, product names, and company names and logos appearing on our Website is the property of their respective owners.
e. Ideas and Inventions. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Green is better in connection with your use of our Website shall be the exclusive property of Green is better . User agrees that unless otherwise prohibited by law Green is better may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
f. Linking. If you have a website and wish to establish temporary or permanent links from your website to our Website, you must link to our homepage only. If you would like to link to another location within our Website you will need to receive written permission from us.
3.Privacy and Protection of Personal Information.
4.Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of our Website is at User’s sole risk. Neither Green is better, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Green is better, including but not limited to our Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on our Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of our Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our Website. From time to time the prices of our food in our restaurants may be higher or lower than those prices on our Website. In that event, the prices on our menus at each restaurant location will govern the price you will pay.
a. Disclaimer of Warranties.
OUR WEBSITES ARE PROVIDED BY GREEN IS BETTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GREEN IS BETTER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GREEN IS BETTER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES, SECURITY OF OUR WEBSITES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability.
GREEN IS BETTER AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITES OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GREEN IS BETTER .
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREEN IS BETTER AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GREEN IS BETTER OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GREEN IS BETTER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT GREEN IS BETTER AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GREEN IS BETTER GOODS OR SERVICES, FROM INABILITY TO USE THE GREEN IS BETTER GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GREEN IS BETTER SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
5.If you are dissatisfied with any portion of our Website, your sole and exclusive remedy is to discontinue your use of our Website.
6.Third Party Links.
The User agrees to use our Website and any e-mail services provided through our Website only for lawful purposes. Unacceptable uses of our Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on our Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Green is better to be in conflict with the spirit or intent of our Website.
These Terms of Service are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our Website and destroying all Materials obtained from our Website and all copies thereof, whether made under these Terms of Service or otherwise. Your access to our Website may be terminated immediately without notice from Green is better if in our sole discretion you fail to comply with any term or provision of these Terms of Service. Upon termination, you must cease use of our Website and destroy all Materials obtained from our Website and all copies thereof, whether made under these Terms of Service or otherwise.
Our Website can be accessed from locations around the world. Green is better makes no representations that our Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to our Website from locations where our Website or any of its Materials are illegal is prohibited. If you access our Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.
If you use our Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our Website, including e-mail address, credit card number, and other payment related information. Green is better reserves the right to monitor all network traffic to our Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our Website in any fashion. Anyone using our Website expressly consents to such monitoring.
11. Payment Verification.
Green is better reserves the right to refuse service or decline orders for any reason. Accordingly, Green is better may request written verification and proof of a User’s identity by supplying us with a copy of government issued photo identification at its sole discretion.
12. Risk of Loss.
All items purchased from our Website, including but not limited to gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If the gift card is not received by the intended recipient and the balance on the card is equal to the original purchase price, Green is better can replace the gift card upon request. Green is better reserves the right to charge a replacement fee and/or shipping costs for replacement card(s).
The failure of Green is better to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Green is better ’s right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
15. Statute of Limitations.
16. Entire Agreement.
These Terms of Service may be changed at any time, without prior notice.