Greenzer.com
User Agreement
This User Agreement was last revised on: August 14, 2008
Welcome to the Greenzer.com website (together with its sister websites and all co-branded versions of these websites, "Greenzer.com"). Greenzer.com is a web-based service provided by Greenzer, Inc. ("Greenzer", "we" or "us"). Greenzer.com is a consumer guide that enables consumers to compare products and prices from regular stores and online merchants and find other relevant information before making a purchase. The services offered by Greenzer.com may also be located on third-party websites and/or applications.
We want you to be satisfied by your visit to Greenzer.com and have established the following terms and conditions so that you and Greenzer know what to expect from each other.
This User Agreement (this "Agreement") is a legal agreement made by and between you and Greenzer governing your participation on Greenzer.com. By using, accessing or registering as a member of Greenzer.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, do not access or use Greenzer.com. Because this Agreement contains legal obligations, please read them carefully.
Electronic Communication:
When you visit Greenzer.com or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to Greenzer.com. By using Greenzer.com, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Eligibility:
Greenzer.com is not targeted towards, nor intended for use by anyone under the age of 18. By using Greenzer.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for Greenzer.com. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use Greenzer.com only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this Agreement. If you do not qualify, do not use Greenzer.com. We reserve the right to terminate your membership in the event that Greenzer becomes aware you are under 18. By using Greenzer.com, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. Greenzer.com is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
Registration:
Certain services and features on Greenzer.com require that you register on Greenzer.com. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on Greenzer.com. You are responsible for safeguarding the password that you use to access any secure areas of Greenzer.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You must immediately notify Greenzer of any loss, theft or unauthorized use of your username and/or password.
Content:
Greenzer provides a number of different services to assist you in shopping for products. You may only use Greenzer.com as a general guide to make price comparisons for your own private use and shall not use Greenzer.com for any other purposes. You may download, display and print one copy of the material presented on Greenzer.com for your personal, non-commercial use only. You agree to use Greenzer.com for lawful purposes only. Greenzer provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products.
You acknowledge that Greenzer does not sell, resell or license any products listed on Greenzer.com, nor is Greenzer acting as an agent of sale. We are merely making it easier for you to buy directly from merchants. You acknowledge that Greenzer disclaims any responsibility for or liability related to such products (see section "Disclaimer of Warranties" below). You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.
Greenzer does not warrant that product descriptions, pictures, pricing, green labels, green attributes, company ratings and certifications, editorial commentary or any other content on Greenzer.com, regardless of its source, is accurate, complete, reliable or current. Greenzer.com content is provided for informational purposes only and does not constitute an endorsement by Greenzer of any product, service, merchant or company ratings and certifications. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see sections "Disclaimer of Warranties" and "Liability Limits" below). Greenzer assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on Greenzer.com.
Greenzer.com may offer consumer reviews and/or comments which would be from our members who would have elected to post a review and/or comment on Greenzer.com. As such, such reviews and comments would be informative for those wishing to use them, but they would not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay Greenzer to be presented on Greenzer.com or to have their product or service offerings placed higher in our search results, but in no event do such payments affect the ratings given to any product by Greenzer.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to Greenzer.com and any content appearing on Greenzer.com will remain the exclusive property of Greenzer and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use Greenzer.com or any other content appearing on Greenzer.com. You may not copy or modify the HTML code used to generate web pages on Greenzer.com. You may not use Greenzer.com, or any other content appearing on Greenzer.com, on or in connection with any other website for any purpose.
Payment:
There is no charge payable to Greenzer for use of Greenzer.com during the continuance of this Agreement. Greenzer shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
Adding Content:
In the event of Greenzer enabling you to add content to Greenzer.com in the form of reviews, contests or other features, Greenzer shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. Greenzer will not permit the publishing of content that may be illegal under United States law.
Changes to this Agreement:
We reserve the right to amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on this page of Greenzer.com, which take effect when we post them. Therefore, please review this Agreement periodically. By continuing to access or use Greenzer.com after any such amendment, you agree to be bound by the terms and conditions of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us. Unless expressly stated otherwise by Greenzer, any new features, new services, enhancements or modifications to Greenzer.com implemented after your initial access to Greenzer.com shall be subject to this Agreement. For your information, this page was last updated as of the date at the top of this Agreement.
Changes to Greenzer.com:
Greenzer reserves the right to change, suspend, or discontinue, at its sole discretion, all or any aspects of the content, design, services provided or any other aspect of Greenzer.com at any time without prior notice. Such modifications will be effective upon implementation of the new changes on Greenzer.com.
Privacy:
Please review our most current Privacy Policy, which also governs your visit to Greenzer.com.
Content Submission:
By contributing or submitting any content to Greenzer.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Greenzer a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Greenzer, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Greenzer reserves the right to change or delete any content on Greenzer.com that Greenzer deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics or other materials you publish on Greenzer.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from Greenzer.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to Greenzer.com if you choose to republish your content elsewhere and that you do not publish the same items of content on both Greenzer.com and other product or price comparison sites.
Greenzer’s ratings/scores:
You may not use or download the visual depiction and design of Greenzer’s ratings/scores displayed on this Site without Greenzer's prior written permission.
Copyrights:
All content available on Greenzer.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Greenzer, with all rights reserved, or is the property of Greenzer or third parties protected by intellectual property rights.
Greenzer.com is a service mark of Greenzer. Greenzer's service marks/trademarks may not be used in connection with any product or service that is not provided by Greenzer, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Greenzer.
If you believe content on Greenzer.com infringes your copyright, you should send notice of copyright infringement to Greenzer's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
• An identification of the copyrighted work claimed to have been infringed;
• An identification of the material that you claim is infringing so that we may locate it on the site;
• Your address, telephone number and email address;
• 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;
• A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
• Your signature.
The notice should be directed to:
Greenzer, Inc.
Attn: Copyright Agent
145 West 28th Street, Suite 902
New York, NY 10001
U.S.A.
Fax: (646) 607-0304
Email: legal@greenzer.com
Upon receipt of notice as described above, Greenzer will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Greenzer.com.
Trademarks:
Greenzer is not in a position to arbitrate trademark disputes between the advertisers on Greenzer.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Greenzer does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via Greenzer.com, and trademark owners should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on Greenzer.com that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote Greenzer.com on a third-party website, please provide the following information in a signed letter on company stationery:
• Name of Company;
• Contact information (including email address);
• List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s); and
• The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers;
• If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter;
• Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.";
• Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."; and
• Your signature.
Please direct this written communication with the above information to:
Greenzer, Inc.
Attn: Trademark Complaints
145 West 28th Street, Suite 902
New York, NY 10001
U.S.A.
Fax: (646) 607-0304
Email: legal@greenzer.com
Upon receipt of notice as described above, Greenzer will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Greenzer.com. In the event that the challenged content has been provided to Greenzer by a third party and in Greenzer's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, Greenzer will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Greenzer will not remove the content.
Notwithstanding the foregoing, Greenzer will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
Ownership:
Greenzer.com is the copyrighted property of Greenzer and/or its various third-party providers, merchants and distributors. Information found on Greenzer.com must not be reproduced, republished, distributed, posted, sold, transferred, publicly displayed, modified or in any way exploited without the express written permission of Greenzer and/or its third-parties. However, this does not apply to downloading, copying and saving information from the website for personal use. The trademarks, logos and service marks displayed on this site are registered and/or common law trademarks of Greenzer, its affiliates, and various third-parties. No information on Greenzer.com should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks without the written permission of Greenzer or such other party that may own the trademarks. Greenzer does not claim to own any of the third-party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website. Except as expressly and unambiguously provided herein, Greenzer and its affiliate merchants do not grant you any express or implied rights, and all rights in the Greenzer services not expressly granted by Greenzer to you are retained by Greenzer.
Termination:
You can cancel your account (username and/or password) at any time by logging in on Greenzer.com. If you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to cancel or change your account (username and/or password) or otherwise refuse service to you at any time and for any reason (including repeat infringement). Greenzer may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, Greenzer and its licensees may continue or stop publicly displaying some or all of your content.
Framing, Linking...:
The use of content on any other website or networked computers is prohibited. Links to Greenzer.com without Greenzer’s express written permission are strictly prohibited.
The framing, mirroring, scraping or data mining of Greenzer.com or any of any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying Greenzer.com (or any linked site) will not be permitted.
Other Rules:
You agree to comply with all laws and regulations applicable to your access and use of Greenzer.com and publishing your content. You may not harvest personal data (including email addresses) from Greenzer.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Greenzer has no obligation to monitor your access to or use of Greenzer.com, but has the right to do so for the purpose of (i) operating Greenzer.com, (ii) to ensure your compliance with this Agreement, (iii) to comply with applicable law, regulation, or the order or requirement of a court, administrative agency or other governmental body, or (iv) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Greenzer.com or collect information from it.
Indemnity:
By choosing to use Greenzer.com, you agree to indemnify Greenzer, its subsidiaries, affiliates, officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third-parties due to or arising out of (i) your access to Greenzer.com, (ii) your use of or connection to Greenzer.com, (iii) your violation of this Agreement, or (iv) your violation of any intellectual property or other right of any person or entity.
Release:
Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of Greenzer.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Greenzer, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any statutes or principles of common law applicable in any state as it pertains to the enforcement of the release in this section.
Liability Limits:
Greenzer shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Greenzer's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Without limiting the foregoing, Greenzer and its affiliates and suppliers will not be liable under any theory of law, for any indirect, incidental, punitive, and consequential damages arising in any way (including negligence), including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, Greenzer's and Greenzer’s affiliates maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to $100.
You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases. If you are a California resident, you agree to waive your rights with respect to California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
Governing Law/Arbitration:
This Agreement is governed by the laws of the State of New York. Any claim arising out of or relating to this Agreement or Greenzer.com shall be settled by binding arbitration in the County of New York, State of New York, administered by the American Arbitration Association in accordance with the American Arbitration Association's commercial arbitration rules. You agree that you will not seek to resolve or have heard any claim arising out of or relating to this Agreement or Greenzer.com before any other tribunal or court of law or equity. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (i) each of us may seek interim relief from a New York County, New York court to protect the party's rights or property while arbitration is pending, and (ii) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Place of Performance:
You understand and agree that Greenzer does business only in the State of New York and does not own or operate any facilities outside of the State of New York. Those who choose to access Greenzer.com from locations outside New York do so on their own initiative and are responsible for compliance with all applicable local laws.
Integration:
This Agreement and our Privacy Policy (which are incorporated herein by reference) constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and us with respect to their subject matters.
Disclaimer of Warranties:
Greenzer.com and its services are provided "as is," without express, statutory or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available.
Greenzer.com contains links to third-party websites or resources that are provided solely as a convenience to you. Greenzer has not reviewed all of the third-party websites or resources linked to Greenzer.com and is not responsible for their content. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such third-party websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Greenzer.com, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Greenzer liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on Greenzer.com. In addition, Greenzer does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on Greenzer.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
Term:
This Agreement will remain in full force and effect while you use Greenzer.com. Either party may terminate this Agreement for any reason, at any time. The following Sections shall survive any termination of this Agreement: “Term”, “Copyrights”, “Trademarks”, “Ownership”, “Indemnity”, “Release”, “Liability Limits”, “Governing Law/Arbitration”, “Disclaimer of Warranties”, and “Contact and Violations”.
Assignment:
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Greenzer, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General:
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Greenzer.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Greenzer.
Contact and Violations:
If you have any questions about this Agreement or to report any violations of this Agreement, please contact:
Greenzer, Inc.
Attn: Business and Legal Affairs
145 West 28th Street, Suite 902
New York, NY 10001
U.S.A.
Fax: (646) 607-0304
Email: legal@greenzer.com
By continuing past this page, you agree to abide by the terms and conditions of this User Agreement.
Greenzer France