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Home - Terms of Service

Published: November 1, 2007

This Agreement covers the terms and conditions of your use of the Internet Web site owned and operated by WebpropLLC, a San Francisco company, and available at www.GreenMadeSimple.com ("GMS.com").

You agree to be bound by the terms and conditions of this Agreement and our Privacy and Security Policy as they may be amended in the future.

1. Accepting Terms

When you use the information, features and functionality on GMS.com (the "Service"), you agree to be bound by this Agreement, whether you simply browse the GMS.com website or you become a "Member" by registering and providing information to GMS.com. If you want to become a Member and make use of the Member Services, you must read this Agreement and indicate your acceptance when you register.

By accepting this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

2. Privacy and your Personal Information

For information about GMS.com's data protection practices, please read GMS.com's Privacy and Security Policy, which is incorporated into this Agreement. This policy explains how GMS.com protects your personal information and your privacy, when you use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Description of the Service

The Service provides information on incentives, merchants, and projects that consumers can use to improve energy efficiency and environmental quality. Based on such information, the Service may also present information relating to third party products or services.

The Service is provided to you by GMS.com without charge (FREE) to help you engage in green practices to improve the energy efficiency of your household and transportation and to improve environmental conditions in our communities.

4. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your UserName Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify GMS.com immediately at the email address –tos@greenmadesimple.com.

5. Your Use of the Service

Your right to access and use GMS.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use GMS.com for lawful purposes.

Accurate records enable GMS.com to provide the Service to you. For the Service to function effectively, you must also keep your Registration Information up to date and accurate.

Your access and use of GMS.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of GMS.com or other actions that GMS.com, in its sole discretion, may elect to take. GMS.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. GMS.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

6. Rights You Grant to Us

As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content you provide to us through the Service, you are licensing the Content to GMS.com solely for the purpose of providing the Service. GMS.com may use such Content, but only to provide the Service to you. By submitting Content, you represent that you are entitled to submit it to GMS.com for use for this purpose, without any obligation by GMS.com to pay any fees or other limitations. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

7. GMS.com Marketplace and Third-Party Links

Some parts of the Service are supported by sponsored links from advertisers and our Marketplace section displays products and services GMS.com offers that may be matched to you based on information stored in the Service, queries made through the Service or other information.

In connection with GMS.com Offers, the Service will provide links to other web sites belonging to GMS.com advertisers and other third parties. GMS.com does not endorse, warrant or guarantee the products or services available through the GMS.com Marketplace (or any other third-party products or services advertised on or linked from our site), and GMS.com is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references.

If you wish to purchase products or services described on the Site, you may be asked by the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be subject to the Privacy Policy and practices of the third party site and GMS.com is not responsible for that policy and practices.

8. GMS.com's Intellectual Property Rights

The contents of GMS.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of GMS.com belong or are licensed to GMS.com or its software or content suppliers. GMS.com grants you the right to view and use GMS.com subject to these terms. You may download or print a copy of information provided on GMS.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from GMS.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

9. Interference with site operations

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor GMS.com or any portion of GMS.com, without GMS.com's express written consent, which may be withheld in GMS.com's sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search GMS.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of GMS.com or the Service; or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of GMS.com or the Service.

10. Posting and Submitting Information

As part of the Service, GMS.com allows Members to post content at various publicly available locations on GMS.com. You are responsible for all content you submit to GMS.com.

1. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with GMS.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through GMS.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of GMS.com and under this Agreement.

2. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

3. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

4. You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialog in an interactive area of GMS.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

5. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

6. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

11. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH GMS.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. GMS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF GMS.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

GMS.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON GMS.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GMS.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

12. Limitations on GMS.com's Liability

GMS.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO GMS.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF GMS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GMS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

13. Your Indemnification of GMS.com

You shall defend, indemnify and hold harmless GMS.com and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

14. Ending your relationship with GMS.com

This Agreement will continue to apply until terminated by either you or GMS.com as set out below. If you want to terminate your legal agreement with GMS.com, you may do so by (i) notifying GMS.com at any time and (ii) closing your account for the Service. Your notice should be sent via email to tos@greenmadesimple.com.

GMS.com may at any time, terminate its legal agreement with you:

  • if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  • if GMS.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  • immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

15. Modifications

GMS.com may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the GMS.com site. In addition, the Agreement will always indicate the date it was last revised. You accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

16. Governing Law and Forum for Disputes

This Agreement, and your relationship with GMS.com under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with GMS.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case GMS.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, GMS.com is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with GMS.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

17. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if GMS.com does not exercise or enforce any legal right or remedy which is contained in the Agreement , this will not be taken to be a formal waiver of GMS.com’s rights and that those rights or remedies will still be available to GMS.com.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and GMS.com and supersedes all other previous agreements.