Effective Date: March 6, 2023
PERMISSION TO USE THE SITES
LIMITATIONS ON USE OF SITES AND SERVICES
You agree that your use of the Sites and Services is subject to the following limitations:
INTELLECTUAL PROPERTY; OWNERSHIP; COPYRIGHT PROTECTION
The Sites and all content, information, data or materials available on the Sites or Services (“Content”) contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Company or the party listed as the provider of the applicable Content. The Sites, Services and all Content is provided “as is” solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE CONTENT IS PROHIBITED.
Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other Content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of the Sites’ brand image, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained on the Site (the “Intellectual Property”). Your use of the Site does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the Sites, as well as any Graphics or Programming. The contents of the Sites and Services, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, reverse engineered, commercialized, or otherwise used or exploited including for competitive research purposes, without the express prior written permission of Company, except as otherwise provided herein. Company neither warrants nor represents that your use of materials displayed on the Sites and through the Services will not infringe rights of third parties not owned by or affiliated with Company.
Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office Sites at https://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to claims of copyright infringement committed using the Company Sites if such claims are reported to Company’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of Notice as described below, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Sites.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:
To: GREENSPOT JC, LLC Copyright Agent
155 Second Street, Jersey City, NJ 07302
USE OF IMAGES
LINKS TO OTHER SITES
ACCURACY AND SCOPE OF CONTENT ON SITES
Company strives to accurately describe its Services and to provide updated information on the Sites. However, Company does not warrant that descriptions and information on the Sites and Services are complete or free from error. Company has no obligation to update the Sites or Services, and there is a possibility that Content may be out of date. Company shall not be liable for any damages or injury resulting from your access to, or inability to access, the Services or this Sites, or from your reliance on any information provided at this Sites or during the Services.
LIMITATION OF LIABILITY
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 the above limitations and exclusions may not apply to you. In such states or jurisdictions, Company’s liability is limited to the extent permitted by law, thereby minimizing Company’s liability to you to the lowest amount permitted by applicable law.
INDEMNIFICATION; WAIVER OF CERTAIN ACTIONS
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION SUIT AGAINST COMPANY IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES INCLUDING WITH RESPECT TO ANY CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT.
DISPUTE RESOLUTION; VENUE
GOVERNING LAW AND JURISDICTIONAL ISSUES
SUGGESTIONS AND FEEDBACK
Company welcomes feedback or inquiries about our products. “Feedback” includes, but is not limited to, all ideas, concepts, improvements, processes, suggestions, techniques, and methodologies you submit to Company. If you elect to provide any Feedback or comments of any nature to Company, all of such Feedback and comments shall be the sole and exclusive property of Company, and Company shall have the right to use such Feedback in any manner and for any purpose in Company’s discretion without remuneration, compensation, or attribution to you, provided that Company is under no obligation to use such Feedback. If ownership cannot be transferred by operation of law or other limitations on assignability, you, by means of submitting your Feedback, grant to Company a non-exclusive, perpetual, royalty-free, fully paid up, worldwide, irrevocable, sublicensable, and transferable license and right to use and exploit such Feedback. You grant Company a perpetual, royalty-free, fully paid up, worldwide, irrevocable, sublicensable, and transferable license to use any and all data provided or made available to Company in de-identified or aggregated form.
It is understood and agreed that, to the extent Company is providing Services to you, Company is an independent contractor and is not, nor shall be considered to be, an agent, distributor or representative of the other. Neither Party shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other.
ENTIRE AGREEMENT, ASSIGNMENT, AND INTERPRETATION
Notwithstanding anything to the contrary contained herein, neither party shall be liable for delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, pandemics, viruses, loss of data due to technological failure, civil unrest, government actions or other causes beyond its reasonable control.