GOOD GREEN TERMS OF SERVICE
Thank you for choosing Good Green to help you in preparing and organizing for the future! We value and appreciate your patronage. However, that patronage-and the patronage of any and all Good Green products, services, mobile websites, and mobile applications (“Service” or “Services”, further defined in Section 1 below) owned or operated by Good Green Technology, LLC (“Good Green”, “we”, “us”, “our”)- is subject to the rules of our Terms of Service (“Terms” or “Agreement”). The following Terms represent a binding contract. Make sure to carefully review them before using the Services provided by Good Green. Your access to our Services is governed by these Terms. This is a binding agreement. By using the Internet site located at www.goodgreenapp.com (the “Site”) or any Services, you agree to abide by these Terms of Service, as they may be amended by Good Green from time to time in its sole discretion. If you are a lawyer, financial advisor, or any other party accessing the Services on behalf of a client, customer, or other entity, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 15 CAREFULLY. THIS ARBITRATION AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GOOD GREEN ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Good Green’s Services
Summary of the Following: Good Green is a digital marketplace and mobile application which connects users seeking moving services with Licensed Business Owners, a rigorously curated pool of top-tier, affordable, and eco-friendly moving companies. Good Green Tech is not a moving company and does not itself offer moving services.
- Services. Good Green’s services are comprised of a mobile application, website, and other related services (the Good Green Application) designed to enable users to easily connect and receive moving and shipping services from Licensed Business Owners (“LBOs”). The Services are, unless otherwise agreed to in writing, provided exclusively for your personal, non-commercial use. You (hereinafter “you, user, users”) download the Good Green App, register for a user account, and film and upload a walkthrough of the objects and places you need moved. Then, the video will be made available to LBOs near you through the Good Green Application. You will then receive a quote (or quotes) from those LBOs through the Good Green App. Once you agree to that quote, you will enter a binding contract with your chosen LBO under the terms of this Agreement, and that LBO will provide the services you requested. The Good Green App may auto generate estimates based on our proprietary technology and the per pound rate each LBO elects to charge, based off of each LBOs tariff.
- Licensed Business Owners. Licensed Business Owners are companies in the business of providing moving, shipping, and related services that have qualified via Good Green’s rigorous curation process, to offer quotes and fulfill requests from users posted to the Good Green Application. In order to qualify as an LBO, a company applies and shows that they maintain the eco-friendly practices and consumer satisfaction ratings, legal compliance, as well as other requirements, necessary to qualify to respond to work requests on the Good Green Application. They are separate entities from and do not work for Good Green. If you have any complaints regarding and LBO, you may either rate them through the Services or email an official complaint to firstname.lastname@example.org. Good Green periodically reviews its LBOs to ensure they maintain the quality standards required. Those that do not are banned from offering quotes to users.
- Acknowledgments. YOU HEREBY ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN MOVING, SHIPPING AND RELATED SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH GOOD GREEN AS A PROVIDER OF SUCH SERVICES. YOU HEREBY ACKNOWLEDGE THAT GOOD GREEN IS EXCLUSIVELY PROVIDING A MARKETPLACE AND APP TO CONNECT USERS WITH LBOs.
Summary of the Following:You must be at least 18 years-old and not a resident of the European Union to use these Services. You may not use any Services where these Terms are in violation of any local law. We can change eligibility rules at any time, for any reason.
Age Requirement. You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this agreement. If you are under 18 or otherwise legally unable to enter into this agreement, you may not use the Services of Good Green. Geographic Requirement. Good Green is a California based company, and services California properties. You are not eligible to use the Services if you are a resident of the European Union or otherwise subject to the protections of the European Union’s General Data Protection Regulation.
- Eligibility Subject to Change. We may change these eligibility criteria at any time. We may also refuse to offer the Services to anyone for any or no reason.
- Compliance with Local Laws. It is your responsibility to ensure that your use of our service under these Terms complies with all applicable laws, rules and regulations (collectively “Laws”). If at any time your use of all or any part of the Services conflicts with any Laws, your right to use the Services is revoked.
3. Registering an Account and Account Responsibilities
Summary of the Following: You are responsible for any account you sign up for through our Services. You are responsible for keeping contact data associated with that account up to date. You are required to immediately alert us to any actual or suspected misuse of your accounts.
- Accounts. Good Green provides resources and includes assets which are freely available to the public as well as those which require you to sign up for Services by registering for an account (“Account”). When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are responsible for keeping the email address associated with your Account accurate and up to date.
- Improper Use. You agree not to (1) intentionally impersonate another person by using their name and/or email address or (2) use a name and/or email address for which you do not have the proper authorization. If you make an account on behalf of another person, you must first have proper authorization from that person.
- Securing Passwords. You are entirely responsible for maintaining the confidentiality of your password. Never publish, distribute or post your Account login information. You are responsible for any activity that occurs on your Account.
- Decisions Regarding Account Use. You are responsible for any decision to use the Services, either by yourself or with another user, so long as you share ownership of or have authorization to use the data contained in your Account.
- Other People’s Accounts. You may not use another person’s Account or registration information for the Services without permission from the owner of that Account.
- Notifying Good Green of Security Breach. You agree to notify us immediately on any unauthorized use of your account, user name, or password, other security breach, or change in your eligibility to use the Services. Good Green shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Good Green, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- Deleting Your Account. You may delete your Account at any time by emailing email@example.com.
4. Changes to Your Information
Summary of the Following: You are responsible for quickly updating any and all information you provide to Good Green, along with the accuracy of that information.
- Agreement to Update Contact Information You agree to keep your profile information up to date, including but not limited to, your name and email address and billing information. We are not responsible for any Services issues arising from your failure to keep your account information current, such as payment processing errors or fees.
- You may change your profile information through the Settings area of the Good Green App.
5. Your Information
6. The Proprietary Rights of Good Green
Summary of the Following: Good Green, or our suppliers or licensors, own the various content which appears in our Services. You shall not violate the ownership and intellectual property rights in this content.
- Proprietary Content. All information and data, including but not limited to visual and/or audio content, written posts and comments, software, or scripts generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) are either the property of Good Green or our suppliers or licensors. The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws. You agree to maintain all copyright notices, information and restrictions contained in any Content that you access through the Services.
- Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, revocable, non-exclusive, non-transferable and non-sublicensable license to use (i.e., to download and display on your local device) Content for the sole purposes of using Good Green Services.
- Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using Good Green Services without our prior written permission.
- No Commercial Use. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- Removing and Modifying Content. We retain the right to, (1) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (for instance, if we think you may have violated these Terms) or for no reason at all or (2) to remove or block any Content from the Services.
- No Unauthorized Use. Good Green neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of Good Green, our suppliers, or our licensors.
7. Permissible Use
Summary of the Following: You may not use Good Green for illegal purposes or purposes in violation of these Terms of Service. You will not attempt to breach or violate any security measure of Good Green.
- Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. Good Green intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
- Privacy of Other Users. You also agree to respect the privacy and all personally identifiable information not displayed publicly (“Secure Information”) of other users of the Services.
- Compliance With Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Account.
Illicit Use of Good Green. You agree not to, and shall not allow anyone else to distribute any Content through any Good Green Service by uploading, downloading, displaying, posting, performing, transmitting, and/or submitting said Content, or otherwise take any action to distribute said Content through any Good Green Service which:
- includes anyone else’s identification documents, sensitive financial information, or other Secure Information;
- you know to be false, misleading, or inaccurate, including any misrepresentation regarding Good Green Technology, the Good Green App, the Licensed Business Owner program, or your status as a Licensed Business Owner;
- intimidates, impersonates, or harasses any person or entity, including any of our representatives, employees, and users;
- constitutes unauthorized or unsolicited advertising, or otherwise solicits funds or is a solicitation for goods or services, or is junk or bulk e-mail, regardless of whether similar communications are prohibited by local law or not; or
- is unlawful, threatening, defamatory, abusive, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, obscene, vulgar, pornographic, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Good Green in their sole discretion, or;
- advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
Violating Good Green’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
- accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
- attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
- acting in contravention to any local laws regarding the violation of security of computer systems.
8. You Consent to Receive Electronic Communications
Summary of the Following: We will send you a number of types of communications. By using Good Green Services you acknowledge and consent to this. Anything we send you will be deemed received after 5 business days.
- Notifications. Good Green may send you notifications, notices, or links, via your email, phone, text messages, messages to your account, or via your mobile device. By using the Services, you agree to receive these notifications. The types of notifications you may receive include changes to these Terms, invoices or records of payment, marketing communications, and any number of other communications related to our Services. Any notification is considered “in writing,” regardless of whether it is in a paper format, a digital format, or some other format.
- Notification Procedures. Anything sent to you is considered received 5 business days after it is sent to you via any of the methods described in subsection A of this section. An electronic notification is sent at the time it is directed by Good Green to your email address or other means of receiving electronic notifications. You agree these are reasonable procedures for sending and receiving electronic notifications.
- Paper Notifications. We reserve the right, but are under no obligation, to send notifications in a paper format.
- Withdrawing Consent to Notifications. If you have opened an Account but you wish to withdraw your consent to have notifications sent electronically, you must close your account, and email us at firstname.lastname@example.org.
9. Links to Third Party Sites
Summary of the Following: We have no control over outside websites or third party services. We aren’t liable for problems with such a website or service. Remember, another website will have its own terms regarding how you can use it.
- Links to Outside Sites. You will likely find links to third party websites, services or resources as you use Good Green Services. Good Green has no control over, and no liability for any third-party websites or materials. Good Green works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Good Green nor the Site has control over the content and performance of these partner and affiliate sites, Good Green makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Good Green assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Good Green makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms and Conditions, these Terms of Service shall govern your use of any and all third-party content.
- No Endorsement. The inclusion of a link to any other site on any Good Green Service does not mean or imply that we endorse or are associated with that site or its operator.
10. Payments and Billing- Premium Services
Summary of the Following: You have to pay for services you purchase through the Good Green App. You will be required to make a deposit, with a minimum of $200.00. You promise to make these payments. If you don’t pay on time, we can and will suspend or terminate your access to these premium services. We will generally bill the credit card you provide automatically unless you tell us not to in advance and cancel your access to premium services or use a different credit card. We don’t guarantee refunds, which are processed through Stripe. If you use a free-trial, you must cancel that trial before it ends or you will be charged for the premium services of that trial. Always read the terms and rules of promotions you are involved in.
- Premium Services. Good Green offers Services which require payments now and/or in the future (“Premium Services”). These services include, but are not limited to, providing a marketplace to coordinate moving services offered by Licensed Business Owners vetted and qualified to register for the marketplace. Some Premium Services available through our Services are recurring in nature, while others only necessitate a single payment.
- Billing. Good Green will charge any costs or fees associated with your use of any Premium Services plus applicable tax to the credit card or other payment method you have provided. Through the act of signing up for or purchasing any Premium Services, you acknowledge the fees associated with your use of any recurring Premium Services will be automatically billed again on each renewal date unless and until you cancel the Premium Services. BY USING ANY GOOD GREEN SERVICE YOU HEREBY AGREE TO BEING CHARGED FOR THOSE SERVICES, AND ANY FEES ASSOCIATED WITH ANY PREMIUM SERVICE YOU PURCHASE, VIA THE PAYMENT METHOD YOU HAVE PROVIDED. YOU WILL BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU. YOU WILL NOT RECEIVE ANY SERVICES THAT ARE NOT PAID FOR.
- Current Payment Information Required. You agree to provide and update Good Green with your most current and complete credit card information. When your credit card expires, we have the option of attempting to contact you to update your payment information. If we choose to do so, we will do this via the primary email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is canceled (e.g., for damage, loss, or theft). You further agree to notify us if you become aware of a potential breach of security regarding your credit card. You agree that Good Green may continue charging your credit card for all Premium Services unless you have terminated your access to the Premium Services or you tell us to use a different credit card. If any fee is not paid in a timely manner, we reserve the right to suspend or terminate your access to any and all Premium Services.
- Responsibilities After Accepting a Quote. After you have reviewed and accepted a quote, you have committed to paying the dollar (U.S. dollars) amount from that quote. You have made no commitment before this point. However, after you accept the quote you will be charged a deposit of 50% of the amount of the quote, with a minimum of $200.00 (U.S. dollars), and will owe the remaining 50% after the move is complete. All cancellations and refunds are handled on a case by case basis, at our sole discretion, through Stripe’s refund process. If you would like to cancel a service or receive a refund, begin the refund process through Stripe, and don’t hesitate to email us at email@example.com if you have any questions. We will generally refund you for work not yet completed, minus your deposit and any costs incurred.
- Applicable Fees. All fees and charges are prepaid and nonrefundable. Good Green reserves the right to change the fees and charges in effect, or add new fees and charges. However, we will notify you of any such changes in advance through the primary email address associated with your Account. It is your responsibility to keep your contact information and payment information current and updated.
- Free Trials and Other Promotions. Good Green may offer free trials or promotions offering access to Premium Services without charge for a specified period of time. It is your responsibility to cancel any such Premium Service before the end of the free trial or promotion which provides access to it. Where you do not do so, you may be charged for the Premium Service provided after the specified period of time ends. If you have trouble cancelling a free trial or promotion, you may contact us at firstname.lastname@example.org.
- Third Party Payment Providers. We use Stripe and ApplePay, which are third party companies, to process our billing and your payments for Premium Services. Their Terms and Services also apply, and we encourage you to read them on their site at https://stripe.com/ and https://www.apple.com/apple-pay/
Third Party Billing.
Summary of the Following: When you get a service from a third party through our app, like moving services from a Licensed Business Owner, you will pay us, and then we will pay them. If you have a dispute over the charges, and negotiate a changed price with your movers, or request a price change from Good Green, we will investigate and modify the charges, as needed.
When you pay a third party for Premium Services, such as paying for Premium Services rendered by Licensed Business Owners, charges you incur will be owed directly to Licensed Business Owners, and Good Green will collect payment of those charges from you, on the Licensed Business Owner’s behalf as their limited payment collection agent, and payment of the charges shall be considered the same as payment made directly by you to the Licensed Business Owner. You retain the right to request a change in charges from a Licensed Business Owner for Premium Services received by you from that Licensed Business Owner at the time you receive those Premium Services, and charges you incur will be owed to the Licensed Business Owner. Good Green will investigate and respond accordingly to any request from a Licensed Business Owner to modify the charges for a particular Premium Service. This is intended to fully compensate a Licensed Business Owner for the Premium Services you obtain in connection with your use of the Services. All such modifications are made at the sole discretion of Good Green. Otherwise, charges you incur will be owed and paid directly to Good Green or its affiliates, where Good Green is solely liable for any obligations to Licensed Business Owners. In such cases, you retain the right to request lower charges from Good Green for Premium Services received by you from a Licensed Business Owner at the time you receive those Premium Services, and Good Green will investigate and respond accordingly to any request from you to modify the charges for a particular Premium Service provided by a Licensed Business Owner. All such modifications are made at the sole discretion of Good Green.
Summary of the Following: You can cancel your account at any time and such a cancellation will be effective immediately. However, some of the agreements within these Terms will survive cancellation.
- How to Cancel Your Account. You may cancel your Account and/or your use of and access to the Premium Services at any time, by emailing us at email@example.com.
- Terms Surviving Cancellation. There are many provisions within these Terms which by their nature should extend past your cancellation or our termination of Services. All such terms shall survive cancellation or termination. These terms include but are not limited to: (1) ownership provisions, (2) warranty disclaimers, (3) indemnity and (4) limitation of liability.
Summary of the Following: We strive to provide the best possible security safeguards for your information. However, it is impossible for anything on the internet to be completely secure. We are not liable for following any instruction regarding a release of information that appears valid on its face. Good Green Services are provided as is, with no warranty as to function, content, security, etc. See below for a full explanation of what “as is” entails.
- No Special Relationship or Fiduciary Duty. Good Green has absolutely no special relationship or fiduciary duty to you. By using Good Green Services, you release us from any and all liability for any release of your information pursuant to our terms. This includes, but is not limited to, releasing information, pursuant to our (1) receipt from you, or what appears to be you, of any instructions or permissions authorizing such release to any other person, including without limitation any party you have granted sharing permission to or (2) compliance with any Laws.
- Security Measures. Good Green makes use of security measures which either meet or exceed industry standards. These include, but not are limited to, administrative, physical and technical safeguards (passwords, encryption, etc.) to protect the security, confidentiality of your Account as well as your personal and financial information.
- Network/Internet Access and Devices.You are solely responsible for obtaining the data network access necessary to use the Services, whether via a mobile device or other means. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, related software, and any updates thereto. Good Green does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. These include, but are not limited to, loss of service due to lack of network access or non-compatible hardware.
- Services Provided As Is – NO WARRANTY.Even with these strong security measures, there can be no absolute guarantee of security. GOOD GREEN HEREBY DISCLAIMS ALL WARRANTIES. GOOD GREEN IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONE MORE THING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOR INSTANCE, WE DO NOT WARRANT THAT: (1) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. GOOD GREEN DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
- No Liability.OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, GOOD GREEN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON OUR SITE OR A THIRD-PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD-PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT. NO CONTENT OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Summary of the Following: You will pay us back for any loss we suffer associated with your Account and resulting from the use or misuse of Good Green Services, a violation of the Terms of this agreement, or the infringement of the rights of a third party.
- Indemnification. You agree to indemnify Good Green for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Good Green, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Good Green will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Right to Assume Exclusive Defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
14.Limitation of Liability
Summary of the Following: In order to keep our business up and running and offering the quality services we provide, the legal liability of Good Green is limited.
- Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOOD GREEN, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO THOSE YOU PROVIDE SHARING PERMISSION OR ACCESS TO YOUR ACCOUNT, HEIRS, SUCCESSORS OR YOUR ESTATE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY GOOD GREEN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Specific Situations Where Liability Limited.Below is an illustrative list of situations where our liability is limited. PLEASE REVIEW THIS LIST. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, BUT NOT LIMITED TO:
- THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS OF GOOD GREEN,
- UNAUTHORIZED ACCESS TO YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
- LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR SOFTWARE, REGARDLESS OF THE SOURCE OF ORIGINATION
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES,
- GOOD GREEN’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY RELATED CHANGES OR NOTICES,
- YOUR FAILURE TO MAINTAIN CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT,
- THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR
- ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING TANGIBLE AND INTANGIBLE LOSSES, EVEN IF GOOD GREEN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Liability Limited in Amount. IF ANY LIABILITY DOES EXIST UNDER LOCAL LAW, GOOD GREEN’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (1) US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OR (2) THE AGGREGATE AMOUNT PAID FOR GOOD GREEN SERVICES IN THE PAST THREE MONTHS–WHICHEVER IS LESS.
15. Arbitration, Applicable Law, Choice of Venue and Jurisdiction.
Summary of the Following: Any claim arising out of a Good Green Service goes to arbitration. The Terms of this agreement are governed by California and US law. Any dispute relating to or arising from these Terms that is not arbitrated will be governed by the exclusive jurisdiction of the courts of Marin County, California.
- Arbitration. Any controversy or claim arising under, out of, or in relation to these Terms or the use of the Good Green Service, or any breach or asserted breach thereof, shall be settled by arbitration in Marin County, California, subject to the conditions and exclusions of this Section 15, before a single arbitrator pursuant to the rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and judgement then may be entered in any court of the forum, State or Federal, having jurisdiction.
- Individual Arbitration and Acknowledgments. You hereby acknowledge and agree that you and Good Green are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Good Green otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Good Green will still each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Applicable Law. These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
Exclusions.You hereby acknowledge the following exclusions to Subsections A and B of this Section 15.
- You and Good Green both retain the right to bring an individual action in small claims court
- You and Good Green both retain the right to seek equitable relief in a court, chosen in compliance with Subsection E, solely to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents.
- Jurisdiction and Choice of Venue. You acknowledge that all claims or controversy shall be settled by arbitration according to subsection A of this section. However, you additionally hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Marin County, California, in all disputes arising out of or related to the use of the Site or Service, that, for any reason, are not arbitrated.
16. Remedies of Users.
- Remedy Available. The sole and exclusive remedy for any failure or non-performance of any Good Green Service, and/or anything supplied in connection with a Service, shall be for Good Green to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
- Time Limit on Actions Against Good Green. BY USING THESE SERVICES, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO (1) USE OF THE SITES OR SERVICES OR (2) THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. Modifying the Terms and the Service.
Summary of the Following: Good Green reserves the right to change these Terms at any time. Where you keep using our Services after a change in Terms, you are considered to have accepted the changes to the Terms. Good Green may, in its sole discretion and without prior notice: (a) revise these Terms of Service; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Good Green shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.
- Modifying Terms. Good Green reserves the right to – at any time and for any reason or without reason – revise these Terms of Service. It is your responsibility to review the Terms of Service for changes with some regularity. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
- Modifying the Service. Good Green reserves the right to – at any time and for any reason or without reason – change, suspend or discontinue the Services. Before we do this we will notify you by both replacing these Terms on the Site and by sending you a notice through email you provide to us through your Account. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We want to make it clear that we obviously do not expect to be shutting the doors on Good Green any time soon, we just want to be sure that we have precautions in place.
- Limiting the Service. Good Green reserves the right to – at any time and for any reason or without reason – impose limits on some Services or restrict your access to the Services without notice or liability.
- Steps to Take Before Terminating Use of the Services. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. If at any point, you disagree with a change to the Terms or Services on the part of Good Green, please cease use of Good Green Services by deleting your Account. You may not continue to use the Services without agreeing to these Terms. We suggest you ensure that you have access to any and all matters or information that are stored or accessible via our Services.
18. Entire Agreement.
- Terms are Agreement in Entirety. These Terms, and the Terms of policies and agreements incorporated by reference (through names of documents and web links) are the whole and complete agreement between you and Good Green. No other agreements shall govern use of Good Green Services. These Terms supersede any conflicting agreements or policies.
19. Section Headings and Summaries.
- Headings and Summaries Not Binding. The headings to each section of these terms and the summaries of each section are not legally binding, nor do they have any effect on the proper interpretation of these Terms. They are exclusively to aid in ease of use. THEY SHOULD NOT BE READ IN LIEU OF READING THE FULL TERMS.
20. Force Majeure.
- No Liability for Events Outside Our Control. Where Good Greens fails to perform our obligations under these Terms, we are not liable where such failure results from any cause beyond our reasonable control. Such situations include but are not limited to: acts of god, or mechanical, electronic or communications failure or degradation.
Summary of the Following. Where we don’t exercise a right, it is not waived. One waiver does not imply a similar waiver in the future. In order for any waiver of a right to be valid, it must come as a signed writing from a Good Green representative.
- Failure to Exercise a Right Not a Waiver. Even if Good Green, or any of our employees, representatives, or other affiliates fail to exercise or any right or provision of these Terms, this failure does not waive of our right to later enforce any part of these Terms.
- Waiver Does Not Imply Future Waiver. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.
- Requirements of a Waiver. In order for any waiver of compliance with these Terms to be effective, it must be made in writing and signed by an authorized representative of the waiving party.
- No Single Term Makes Rest of Terms Unenforceable or Invalid. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, in that jurisdiction, to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and fully enforceable.
- Assignability of Terms Rights by You. These Terms are exclusive and personal to you. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without the express, signed prior written consent of an authorized Good Greens representative.
- Good Green Rights Assignable. We may assign, transfer or delegate any of our rights and obligations under these Terms without consent.
24. No Relationship.
- No Relationship Created by Terms. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
25. Cancellation and Termination.
- Cancellation. You may cancel your Account and export and/or delete the information stored thereupon at any time. Further information regarding cancellation may be found in section 11 of this agreement.
- Termination of Use. Good Green reserves the right to terminate your use of the Service and/or the Site. To ensure that Good Green provides a high-quality experience for you and for other users of the Site and the Service, you agree that Good Green or its representatives may, in accordance with our Terms, access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Good Green does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Good Green reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Good Green believes that you have violated any of the Terms of Service, furnished Good Green with false or misleading information, or interfered with use of the Site or the Service by others.
- In Writing. Unless otherwise specified in another section of these Terms, all notices under these Terms will be in writing as defined in these Terms.
- Notice Duly Given. Notice will be considered been duly given at the time when (1) receipt is electronically confirmed, if transmitted by facsimile email; (2) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (3) the day after it is sent, if sent for next day delivery or recognized overnight delivery service.
- Online Contact Info. Good Green may be contacted online through firstname.lastname@example.org
27. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Address: You may contact us at the following address:
Good Green Technology
879 Lindberg Lane, Petaluma CA 94952