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Legal

GreenerDealz, Inc. (“GreenerDealz”) has created this privacy policy (“Privacy Policy”) to explain how it will use personal information (“Personal Information”).  The Privacy Policy incorporates our Terms of Use, and applies to all users who register on www.greenerdealz.com (“Our Site”).  Please read this Privacy Policy carefully.  If you do not agree to our practices, please do not register, subscribe, create an account, purchase a Vouncher, or otherwise interact with Our Site or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific sites we offer.  This Privacy Policy is only applicable to GreenerDealz, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

 

1. INFORMATION COLLECTION PRACTICES

1.1. TYPES OF INFORMATION COLLECTED

(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site  (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” and navigational data like Uniform Resource Locators (URL) to gather information about the date and time of your visit to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site. We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on GreenerDealz. These advertisers and ad servers may use Cookies and/or “Web Beacons” (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

(b) PERSONAL INFORMATION COLLECTED. In order for you to access certain services and to purchase products that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); (2) Financial Data (such as your account or credit card number); and (3) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

2.2. USES OF INFORMATION COLLECTED

(a) GREENERDEALZ USE OF INFORMATION. We use Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.

(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site.

(c) USER CONSENT. By accessing and using the Site, you are agreeing to the terms of this privacy policy and the associated Terms of Use and you expressly consent to the processing of your personal information as set forth in this Privacy Policy.

(d) CHILDREN. By using this Site you are representing that you are at least 18 years of age or that you are at least 13 and have your parent’s permission to use the site. Children under the age of 13 are not permitted to use this Site or Service.  If we obtain information that any user is less than 13 we will remove their personal information from our databases.

(e) AFFILIATED COMPANIES. Although GreenerDealz does not have a parent company or a subsidiary or a joint venture, we may in the future and we may share some or all of your Personal Information with these companies, in which case we will require them to honor this privacy policy.  And in the event GreenerDealz goes through a business transition such as an acquisition, merger or sale, your Personal Information may be among the assets transferred and you agree to such a transfer by your use of this Site.

(f) EMAIL FEEDBACK AND COMMENTS. If you send us emails with comments or feedback we may use that information any way we choose as long as we do not associate it with your Personal Information and any Personal Information contained in such emails will be treated consistently with the terms of this privacy policy. Your email, with the comments or feedback will become the property of GreenerDealz and if it is used for marketing or another purpose you will not receive any compensation or royalties.

3. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and GreenerDealz will not share, sell, or trade it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit you Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

3.1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION. We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile at www.GreenerDealz.com . Through your personal profile you may: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties.

3.2. LOST OR STOLEN INFORMATION. You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

3.3. PUBLIC INFORMATION. The GreenerDealz website contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.  We will not have any obligations with respect to any information that you post on GreenerDealz that is available for viewing by others.  We also share the information that you post.

4. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.  Please review this Privacy Policy periodically for the latest information on our privacy practices.

5. SECURITY. GreenerDealz is committed to keeping your Personal Information secure and we do so by using industry standard technology and procedures to keep your Personal Information from being compromised. However, you understand that no company can fully guarantee that your information is security.

6.  CONTACT INFORMATION.  Please contact us with any questions to this Privacy Policy at the address below.

GreenerDealz, Inc., 200 N. Dearborn St., Ste. 906, Chicago, IL 60601

Privacy@greenerdealz.com

 

TERMS OF USE

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  GreenerDealz, Inc. (“GreenerDealz,” “us,” “we,” or “our”) operates this website, www.greenerdealz.com.  The website (“Site”) refers to all the links contained within or otherwise available through external hyperlinks within our Site.  By using our Site and our services through the Site, you (“You” or “End User”) agree to the Terms of Use, our Privacy Policy, any additional terms applicable to certain programs available through the Site, and the rules that may be published from time to time by (collectively, the “Terms of Use” or “Agreement”).  We may change the Terms from time to time and at any time without actual notice. All such changes to the Terms will appear on our Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. IF AT ANY TIME YOU DO NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THESE TERMS, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY GREENERDEALZ SERVICE OFFERED THROUGH THE SITE.

  1. Description of Services

The Site provides users with access to recommendations for activities and experiences (“Services”). The Services also include opportunities to purchase from third party merchants (“Merchants”) prepaid reservations, services, or products from Merchants (“Merchant Offer”).

  1. Permitted Uses

 

As a condition of your use of this Site, You agree that You:

  1. Are 13 years of age or older, but are 18 years of age or older to purchase any Voucher;
  2. Will comply with these Terms and Conditions of Use;
  3. Will not copy or distribute any part of GreenerDealz in any medium without GreenerDealz’s prior written authorization;
  4. Will provide accurate information when creating an account or registering for our Services;
  5. Are solely responsible for your User ID and the activity that occurs while signed in to or while using GreenerDealz using your User ID;
  6. Will not use GreenerDealz to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  7. Will not use the communication systems provided by or contacts made on GreenerDealz for any commercial solicitation purposes;
  8. Are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
  9. Represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize GreenerDealz to use any and all Content submitted by you to GreenerDealz in accordance with the licenses granted in this Agreement;
  10. Hereby grant each GreenerDealz user, whether using GreenerDealz or an application authorized by GreenerDealz but developed via a third-party developer, a non-exclusive license to access the Content you submit through GreenerDealz and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content as permitted through GreenerDealz’s functionality and under these Terms;
  11. Will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to GreenerDealz; and
  12. Hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
  13. Website Availability and Security

GreenerDealz cannot guarantee that the Site will be available 100% of the time. Although GreenerDealz strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and GreenerDealz disclaims any liability for damages resulting from such problems.  Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us we cannot be, and are not, responsible for the security of information that you choose to communicate with GreenerDealz.  Additionally, GreenerDealz is not responsible for any data lost data during transmission.

  1. Terms of Sale

By placing an order for a Merchant Offer, you make an offer to purchase the Merchant Offer you have selected on the terms, conditions and restrictions stated below and associated with the Merchant Offer. After placing your order, you will receive a voucher that is redeemable for goods or services by the participating Merchant.

The Merchant, not GreenerDealz, is the seller of the goods and services and is solely responsible for redeeming vouchers. The vouchers purchased and printed from the Site (“Vouchers”) are promotional vouchers that may be offered to customers below their face value and shall be subject to the terms and conditions of GreenerDealz and the participating Merchant. As the issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Voucher.  Unauthorized reproduction, resale, modification, or trade of vouchers is prohibited.

Each Merchant Offer is subject to specific terms, conditions, and restrictions that will be displayed at the time of purchase. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

  1. No cash value for any Voucher.
  2. To the extent required by applicable law, after the Voucher ‘s expiration date, the Merchant shall be responsible for allowing you to redeem a Voucher you have purchased for the goods and services of the Merchant in the amount of the cash paid by you until that cash amount is redeemed in full. If you redeem a Voucher for less than its face value, the Merchant shall not be responsible for issuing a credit or cash equal to the difference between the face value and the amount redeemed, unless otherwise required by law.
  3. Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.
  4. Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher.
  5. Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.
  6. Unless otherwise stated at the time of purchase, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time when you redeem the Voucher.
  7. Duplication, sale or trade of a Voucher is prohibited, except as required by law.
  8. Neither GreenerDealz nor the Merchant is responsible for lost or stolen Vouchers or Voucher ticket numbers.
  9. Hotel Offers

The following applies to Merchant Offers for prepaid hotel reservations (“Hotel Offers”):

GreenerDealz works with hotel suppliers to facilitate the booking of prepaid reservations for hotel rooms. By placing an order for a Hotel Offer, you submit a reservation request and authorize GreenerDealz to facilitate the booking of reservations on your behalf, including making payment arrangements with the hotel supplier.

Unless otherwise stated in the Merchant Offer, taxes and fees are not included in the price of Hotel Offers, and GreenerDealz does not collect any taxes that may be applicable to your hotel reservations. Hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions.

  1. Refunds

GreenerDealz will provide a refund of the purchase price paid by you for any Merchant Offer within thirty (30) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After thirty days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration date because the relevant Merchant refuses to honor any voucher or it has gone out of business. Refunds will be made in the amount paid upon request in the original form of payment, or will credit the GreenerDealz account of the purchaser with an equivalent number of GreenerDealz “Bucks” for future purchases on the Site.  GreenerDealz Bucks do not expire. Email us for a refund at support@greenerdealz.com. Please note that it may take up to thirty (30) days to process your refund.  Neither Vouchers nor GreenerDealz Bucks are redeemable for cash, unless required by law.

  1. User Conduct

This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), forums, chat room, message board, newsgroup, charitable causes, or any other interactive service that may be available to you on or through this Site (collectively, the “Services”) are provided to you solely for knowledge and entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use the Site or Services to:

  1. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful
  2. “Stalk” another
  3. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  4. Harm minors in any way
  5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site
  7. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  8. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  9. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
  10. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information
  11. Act in a manner that negatively affects other users’ ability to engage with and/or in the Site or Services
  12. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including, but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names
  13. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services or intentionally or unintentionally violate any applicable local, state, national, or international law.

You also agree that you will not harvest, collect, or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that we are not responsible for material submitted to the Site by users. We do not pre-screen, monitor, review, or edit the Content posted by users. However, we and our designees have the right, at our sole discretion, to refuse or remove any Content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate. However, we are not responsible for any failure, non-failure, or delay in removing such Content, except as is necessary to comply with any requirements of the Digital Millennium Copyright Act. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known or suspected by you.

You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GreenerDealz, its users, or the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to our Site.

Any Content on the Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by us or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.

  1. Restrictions On Use of Material

Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Site.

  1. Assumption of Risks

Your interactions with other members on the Site or third parties (including charities and advertisers) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GreenerDealz will not be responsible or liable for any loss or damage incurred as a result of such dealings.

  1. Unsolicited Materials

In operating this Site, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.

  1. User’s Grant Of Limited License

By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.

You also warrant that any “moral rights” in posted materials have been waived.

  1. Linked Sites

You may be able to link to third parties’ sites (“Links”) from our Site. Links are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products, or other materials of any such Links, or any additional links contained therein. These Links do not imply our endorsement of or association with the Links. It is your sole responsibility to comply with the appropriate terms of use of the Links as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Links and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through these Links. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Links from our Site and/or to introduce different features or links to different users.

  1. Intellectual Property Rights

All materials contained in this Site are the copyrighted property of GreenerDealz. We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of the Links are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

GreenerDealz, Inc., 200 N. Dearborn St., Ste. 906, Chicago, IL 60601

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. Your username, address, telephone number, and e-mail address
  2. A description of the copyrighted work that you claim has been infringed
  3. A description of where the alleged infringing material is located
  4. 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
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  7. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

  1. Modifications to this Agreement; Waiver

GreenerDealz reserves the right to alter, add to, delete, modify or change these Terms of Use or the Privacy Policy at any time. The most current version of the policy will govern our use of your information. We will post any changes to the Terms of Use or Privacy Policy on the Site and update the revision at the beginning of this policy. You should periodically review the Terms of Use and Privacy Policy to see recent changes. If you continue to access or use the Site or our Services after notice of changes have been published on the Site, you agree to be bound by the revised Terms of Use and Privacy Policy. Any changes to these Terms of Use or waiver of GreenerDealz’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of GreenerDealz. No purported waiver or modification of these Terms of Use by GreenerDealz via telephone or email communications shall be valid.

  1. Disclaimer Of Warranties

THIS SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, GREENERDEALZ SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

  1. Limitation Of Liability

IN NO EVENT WILL GREENERDEALZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF GREENERDEALZ IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GREENERDEALZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Indemnification

Upon request by GreenerDealz, you agree to defend, indemnify, and hold GreenerDealz, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

  1. Reservation of Rights and Release

GreenerDealz reserves the right, but has no obligation, to monitor, or take any action GreenerDealz deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. To the extent permitted under applicable law, you hereby release GreenerDealz from any claims or liability related to any product or service by a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

  1. Governing Law

 

The validity of this Agreement, its construction, interpretation, and enforcement and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts law that may provide for the application of the laws of another jurisdiction.

 

  1. Mediation / Arbitration

 

The Parties agree that any dispute, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be settled by arbitration, provided however, that any dispute arising out of this Agreement must be first submitted to mediation as a condition precedent to filing a demand for arbitration.  Any mediation shall be conducted in Chicago, Illinois and shall be conducted by a private mediation service agreed upon by the parties.  Any arbitration shall be conducted in Chicago, Illinois and shall be conducted by a private arbitration service agreed upon by the parties. In the event the parties cannot agree on a mediation or arbitration service, the mediation or arbitration shall be administered by the American Arbitration Association (the “AAA”) under the AAA’s Commercial Arbitration Rules before a single arbitrator, who shall be selected (a) either by agreement of the parties, or (b) if the parties are unable to reach agreement upon an arbitrator within 45 days of initiation of the arbitration, pursuant to the AAA’s procedures, provided that in the latter circumstances that such arbitrator shall be a former judge. Exclusive jurisdiction for entry of judgment on the award rendered by the arbitrator or to petition for vacatur or confirmation of the arbitral award shall lie in either the Circuit Court of Cook County, Illinois or the United States District Court for the Northern District of Illinois, if grounds for federal subject matter jurisdiction exist.

 

  1. Assignment

You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. GreenerDealz may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

  1. Termination

GreenerDealz reserves the right, at its sole discretion, to immediately, with or without notice, to suspend or terminate your registration and/or your access to all or a portion of the Site and/or remove any registration information from the Site for any reason (including your breach of any of the Terms).

  1. Miscellaneous Provisions

The Terms, Privacy Policy, and any other legal notices published by us on the Site or any Voucher, as amended from time to time, constitute the entire Agreement (the “Agreement”) between you and GreenerDealz.

Headers are included in this Agreement for convenience purposes only and are not intended to aid in the interpretation of any provision contained herein.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you have any questions about this policy or our Site in general, please contact us.

 

 

 

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