Conditions
Of Use
Conditions
Of Use
| Privacy Policy | Shipping
Policy | Return Policy
Last
Revised: 12/27/00
Welcome to the GlassyGreen.com ("GG") Web site. GG is,
of course, looking to have good stoke at its Web site
for one and all - near and far. We hope this site will
be a great place for surfers from all over the world
to meet, and to learn from each other while having fun.
GG also hopes that its products are items that surfers
would benefit from. GG provides this Web site to you
subject to the terms and conditions stated herein. If
you visit or shop at GG, you accept these terms and
conditions. Please read them carefully and familiarize
yourself with them so that all users may have a positive
experience at GG. The Conditions of Use will occasionally
be modified, and we suggest that you read them periodically
to remain informed.
Posting Policies, Disclaimers and Code of Conduct
The
forum pages here at the GG Web site are in part general
purpose pages, and are designed for use by individuals
who are of teen years and older. If you are under the
age of 13, you do not have consent from GG to use this
site.
GG
asks that there be no flaming or disparaging of others
in your posts. We ask that you seek to respect others
as you would want to be respected. Differences of opinion
are expected, however, devaluing others is not. People
using the GG site seek to have a positive experience,
and therefore, GG does not tolerate disruptive activity
online, such as spamming, persistent off-topic comments
and/or postings, or statements that incite others to
violate this Code of Conduct, or to participate in illegal
activities.
GG does not actively monitor the sites' activities or
content of forums, and is not responsible for content
of any messages posted. GG cannot vouch for, or warrant
the accuracy, completeness or usefulness of any posted
message, and is not responsible for the content of such
messages. Messages express the views only of the authors,
and these messages are not representative of views held
by GG or any entity associated with GG. Any user who
feels a posted message is objectionable, is encouraged
to contact GG immediately by email. Messages deemed
objectionable by GG will be removed, with every effort
to do such removal in a timely manner.
You
cannot change or remove any public postings you have
made within GG's forums. Additionally, we will retain
in our files information you have requested to be removed
if necessary to resolve disputes, troubleshoot problems,
or enforce our Conditions of Use. Except as noted, upon
request we will delete your information from our databases.
However, please be advised that due to the fact that
we back up our systems, such prior information is never
completely removed from our databases. Therefore, you
should not expect all of your personally identifiable
information to be completely removed from our backed-up
databases in response to your requests.
Through
your use of forums at GG, you agree that you will not
post any material which is knowingly false and/or defamatory,
racist, inaccurate, abusive, threatening, vulgar, hateful,
harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, of a stalking nature,
or otherwise violates any law. GG does not allow any
illegal activities. You cannot use the GG Web site to
publish, post, distribute, or disseminate defamatory,
infringing, obscene, or other unlawful material or information.
You agree to not post any copyrighted material unless
the copyright is owned by yourself or GG. Do not upload
files or post messages which contain photos, software
or other material protected by intellectual property
laws, rights of privacy or publicity, or any other applicable
law unless you own or control the rights thereto or
have received all necessary consents. Do not post any
materials that could harm, or are designed to harm other
users' computers, or would allow others to inappropriately
access software or Web sites.
Although
GG does not and cannot review messages posted in its
forums, and is not responsible for the content of said
messages or other activities, we at GG reserve the right
to delete any message for either any, or for no reason,
whatsoever, as well as terminate memberships at GG's
discretion. You remain solely responsible for your activities
and for the content of your messages, and you agree
to indemnify and hold harmless GG, Webzexpress, Authorize.net,
and their agents with respect to any claim based upon
transmission of your message(s).
Reviews,
Comments, Communications and Other Content
Visitors may post in the various forums found in the
GG Web site. Postings such as reviews, comments and
other content are permissible. Visitors may send communications,
submit suggestions, ideas, comments, questions, anecdotes,
stories, personal experiences or other information,
so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties
or objectionable, and does not consist of or contain
software viruses, political campaigning, commercial
solicitations, chain letters, pyramid schemes, mass
mailings, or any form of "spam". GG reserves the right
to ban a user at any time without notice at GG's discretion.
You may not use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin
of a message or other content. GG reserves the right
(but not the obligation) to remove or edit such content,
but does not regularly review posted content.
You
are responsible for any actions you may take based on
advice or information you receive online. Use your own
judgment when evaluating information provided through
any GG forum or interactive area. Information provided
could be from people of any age, and/or level of experience.
The decision to conduct transactions with anyone is
your own choice, and you should conduct your own research
prior to making any decisions.
Should you post content or submit material, and unless
we indicate otherwise [such as in the GG Privacy
Policy , you grant GG and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display
such content throughout the world in any media. You
grant GG and its affiliates and sublicensees the right
to use the name that you submit in connection with such
content. You represent and warrant that you own or otherwise
control all of the rights to the content you post, that
said content is accurate, that use of said content you
supply does not violate this policy, and will not cause
injury to any person or entity. By posting at this site,
you indemnify GG or its affiliates for all claims resulting
from content you supply. GG has the right but not the
obligation to monitor and edit or remove any activity
or content. GG takes no responsibility and assumes no
liability for any content posted by you or any third
party.
Web Links Disclaimer
GG does not endorse any other Web site for which GG
has provided a link. Be advised that GG is not responsible
for content of other Web sites linked to from this site.
You should carefully review the privacy statements and
conditions of use statements of Web sites you link to
outside of GG. Unless stated otherwise, GG is not legally
affiliated with any company, association, club or such
whose link has been provided for at the GG site. We
are not responsible for examining or evaluating such
sites, and we do not warrant the offerings or content
of any of these sites, whether of businesses or individuals.
GG does not assume any responsibility or liability for
the actions, products, and/or content of all these and/or
any other third parties.
Since
GG has no control over content of links listed at this
site, and since there may be content not suitable for
young adults, GG encourages parents of young adults
to join them as they explore the Internet.
Privacy
GG cautions you against giving out personally identifiable
information (such as social security numbers, credit
card numbers, names and addresses, driver license numbers
etc.) to strangers online, which may be used for illegal
or harmful purposes. Please review our Privacy
Policy, which also governs your visit to GlassyGreen.com,
so as to understand our practices.
Copyright
All content included on this site, such as audio clips,
button icons, data compilations, digital downloads,
graphics, images, logos, software and text, is the property
of GG or its content suppliers, and is protected by
copyright laws both internationally and within the U.S.
The compilation of all content on this site is the exclusive
property of GG and protected by U.S. and international
copyright laws. All software used on this site is the
property of GG or its software suppliers and is protected
by U.S. and international copyright laws.
Copyright Complaints
GG and its affiliates respect the intellectual property
of others. If you believe your work has been copied
in a way that constitutes copyright infringement, please
either email us here at GG, or write us, providing us
with proof, and a complete written description of your
complaint.
Trademarks
GlassyGreen.com, marks representing GlassyGreen.com,
and other marks indicated within this Web site are trademarks
of GlassyGreen.com or of any subsidiaries within the
United States and/or other countries. GG graphics, logos,
page headers, button icons, scripts, and service names
are trademarks or trade dress of GG or any GG subsidiaries.
GG's trademarks and trade dress may not be used in connection
with any product or service that is not GG's, in any
manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits GG. All
other trademarks not owned by GG or its subsidiaries
that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected
to, or sponsored by GG or its subsidiaries.
License
and site Access
GG grants you a limited license to access and make personal
use of this site as follows: you are not to download
(other than page caching) or modify any portion of this
Web site, except with express written consent of GG.
This license does not include any resale or commercial
use of this site or its contents, such as collection
and use of any product listings, descriptions, or prices,
any derivative use of this site or its contents, any
downloading or copying of account information for the
benefit of another merchant, or any use of data mining,
robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited or otherwise
exploited for any commercial purpose without express
written consent of GG. You may not frame or utilize
framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text,
page layout or form) of GG and our affiliates without
express written consent. You may not use any meta tags
or any other "hidden text" utilizing GG's name or trademarks
without the express written consent of GG. Any unauthorized
use terminates the permission or license granted by
GG. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of GG so
long as the link does not portray GG, its affiliates,
or their products or services in a false, misleading,
derogatory or otherwise offensive manner. You may not
use any GG logo, other proprietary graphic, or trademark
as part of the link without express written permission.
Your
Customer Account
If you use this site, you are responsible for maintaining
the confidentiality of your customer account and password,
along with restricting access to your computer. You
agree to accept responsibility for all activities that
occur under your customer account or customer password.
GG and its affiliates reserve the right to refuse service,
to terminate accounts, remove or edit content or cancel
orders in its sole discretion.
Risk
of Loss
All items purchased from GG are made pursuant to the
Shipping Policy. This means
that the risk of loss and title for such items pass
to you upon our delivery to the carrier. All returned
merchandise is to be mailed in a traceable manner. See:
Return Policies.
Product Descriptions
GG and its affiliates seek to be as accurate as possible.
However, GG does not warrant that product descriptions
or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered
by GG itself is not as described, your sole remedy is
to return it in an UNUSED condition (see
return policies) within thirty(30) days from the
date GG, or its affiliates, shipped said merchandise
to you.
Disclaimer Of Warranties And Limitation Of Liability
THIS
SITE IS PROVIDED BY GG ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GG MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GG DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. GG DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM GG ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GG WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES. THIS SITE MAY BE ALTERED, SUSPENDED, OR DISCONTINUED
AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST.
THE SITE MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR
MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable
Law
By visiting GG, you agree that the laws of the
District of Columbia of the United States, without regard
to principles of conflict of laws, will govern these
CONDITIONS OF USE and any dispute of any sort that might
arise between you and GG or its affiliates.
Disputes
Any dispute relating in any way to your visit to GG,
or to products you purchased through GG, shall be submitted
to confidential arbitration conducted in the English
language in the District of Columbia, except that, to
the extent you have in any manner violated or threatened
to violate GG's intellectual property rights, GG may
seek injunctive or other appropriate relief in any United
States District Court for the District of Columbia or
federal court in the District of Columbia, and you consent
to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The parties shall bear equally the cost
of the arbitration (except that the prevailing party
shall be entitled to an award of reasonable attorneys'
fees incurred in connection with the arbitration in
such an amount as may be determined by the arbitrator).
The arbitrator's award shall be final and binding and
may be entered as a judgment in any court of competent
jurisdiction. Application may be made to any court for
a judicial acceptance of the award or order of enforcement.
Notwithstanding the foregoing, parties shall be entitled
to seek injunctive relief, security, or other equitable
remedies from the United States District Court for the
District of Columbia or any other court of competent
jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject
to this Policy, whether through class arbitration proceedings
or otherwise. Customer and/or Member, hereby knowingly,
voluntarily, intentionally and irrevocably waives the
right to a trial by jury in respect to any litigation
based hereon or arising out of a dispute as permitted
under applicable law.
By
using this site, you agree to indemnify, hold harmless
and defend Janice L. Trayes, GlassyGreen.com and Contributors
from any claims, damages, losses, liabilities, and all
costs and expenses of defense, including but not limited
to, attorneys' fees, resulting directly or indirectly
from a claim by a third party that alleges injury, damage
or harm in whole or in part arising from the provision
by you of information from, or claimed to be from, this
site, or that in any way arises from your use of this
site or information provided by this site in violation
of these terms. IN NO EVENT WILL GLASSYGREEN.COM, JANICE
L. TRAYES, OR CONTRIBUTORS BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL
DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.
Site
Policies, Modification, and Severability
Please review the other policies pertaining to GG and
this Web site (Privacy Policy,
Shipping Policy and Returns
Policy). These policies also govern your visit to
GG. We reserve the right to make changes to this Web
site, to its policies, including these CONDITIONS OF
USE at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining
condition.
Our Address
GlassyGreen.com
P.O. Box 77033
Washington, DC 20002
http://www.glassygreen.com
Thank
you for following GG's Conditions of Use, and for joining
the GG Community.
Saturday, July 31, 2010
