These Terms and Conditions of Use apply to the Green Planet Landscaping & Pools, Inc. web site located at www.greenplanetlandscaping.com and all associated sites linked to www.greenplanetlandscaping.com by Green Planet Landscaping & Pools, Inc., its subsidiaries and affiliates, including Green Planet Landscaping & Pools, Inc. sites around the world (collectively, the ?Site?). The Site is the property of Green Planet Landscaping & Pools, Inc. (?GPLP?). By using the site, you agree to the terms of use. If you do not agree, do not use the site.
GPLP reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GPLP grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Below are general terms regarding usage of the GPLP site:
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, ?Content?), including but not limited to the design, structure, selection, coordination, expression, ?look and feel? and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to GPLP, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ?mirroring?) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GPLP?s express prior written consent.
Use of the Site
You may not use any ?deep-link?, ?page-scrape?, ?robot?, ?spider? or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. GPLP reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any GPLP server, or to any of the services offered on or through the Site, by hacking, password ?mining? or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GPLP?s systems or networks, or any systems or networks connected to the Site or to GPLP.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person?s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GPLP on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GPLP or others.
Privacy Policy
GPLP?s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view GPLP?s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Links to Other Sites and to the GPLP Site
This Site may contain links to other independent third-party Web sites (?Linked Sites?). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under GPLP?s control, and GPLP is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
GPLP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN ?AS-IS? AND ?AS-AVAILABLE? BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GPLP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GPLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GPLP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GPLP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GPLP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
GPLP reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Void Where Prohibited
GPLP administers and operates the www.greenplanetlandscaping.com Site from its location in Las Vegas, NV USA; other GPLP sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GPLP reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and GPLP with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and GPLP with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with GPLP, GPLP will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. GPLP?s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by GPLP of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between GPLP and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
GPLP provides access to GPLP international data and, therefore, may contain references or cross references to GPLP products, programs and services that are not announced in your country. Such reference does not imply that GPLP in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. GPLP shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright ? 2015 Green Planet Landscaping & Pools, Inc.. All Rights Reserved.
7780 Duneville Street Suite #1, Las Vegas, NV 89139
Below are the terms and conditions governing your submission of any materials and related service(s) (collectively, the “Service”):
1. Use
A. You are responsible for the content and accuracy of all content and other information submitted by you to Green Planet Landscaping & Pools, Inc., d/b/a Green Planet Landscaping & Pools, Inc. (“GPLP”) or entered into the Service (the “Submitted Materials”) even if such copy has been reviewed, edited or written by GPLP for you.
B. GPLP reserves the right (a) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (b) to remove any content from its website. Submission of information via our contact page does not guarantee that GPLP has engaged with the user in a formal business relationship.
C. All Submitted Materials transmitted by GPLP must contain a user-supplied contact name, phone number and e-mail address that may be verified by GPLP. We do not respond to requests that lack required submissions.
D. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any GPLP systems without the express written consent of GPLP.
2. Warranties; Limitation of Liability
A. You represent and warrant to GPLP that (i) you have the right to deliver the Submitted Materials to GPLP, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to ?spam?, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.
B. GPLP MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. GPLP DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
C. GPLP?s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL GPLP HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Indemnification
A. GPLP will indemnify (?Indemnitor?) and hold you (?Indemnitee?) harmless against any claim or demand by a third party, including without limitation reasonable attorney?s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than GPLP or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by GPLP where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.
B. You shall indemnify (?Indemnitor?) and hold harmless GPLP (?Indemnitee?), its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
C. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor?s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
D. If a claim regarding the Service and alleging infringement is brought or is likely, in GPLP?s sole opinion, to be brought, GPLP may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that Vocus promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
6. Miscellaneous
A. GPLP facilities are governed by Federal and State regulations.
B. Green Planet Landscaping & Pools, Inc. are trademarks or registered trademarks of Green Planet Landscaping & Pools, Inc., and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of GPLP and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by GPLP; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by GPLP in connection with the Service. All rights not expressly granted to you herein are reserved by Green Planet Landscaping & Pools, Inc., 7780 Duneville Street Suite #1, Las Vegas, NV 89139.
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by GPLP or its subsidiaries or affiliates. You agree not to (i) defame or disparage GPLP, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
D. You consent to receive communications from GPLP concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which GPLP sends communications by notifying GPLP in writing (which may be by email).
E. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of GPLP, GPLP reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
F. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
G. GPLP reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
H. You acknowledge and agree that you and GPLP are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
I. This Agreement shall be governed by and construed under the laws of Las Vegas exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Nevada, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Updated by GPL on February 27, 2015.
