Terms of Use
|
| |
Updated July 30, 2011
Thank you for visiting www.biggreencompany.com, www.biggreenrabbit.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 |
| |
|
 |
