GreenHow Website Terms of Use

Last Modified: April 2020

Terms of Use and Acceptance of Terms

Greenhow Inc., a Massachusetts corporation (hereinafter “Greenhow”) has adopted the following Website Terms of Use (the “Terms of Use”) governing our policies related to your use of our Platform (as defined below). Throughout these Terms of Use, the words “we,” “us,” and “our” refer to Greenhow and its directors, employees and affiliates. By accessing or using our Web site at: https://greenhow.com (the “Site”) or any of our mobile application (collectively with the Site, the “Platform”) on any computer, mobile phone, tablet, console or other device, purchasing any products or services through our Platform or creating an account or otherwise registering with our Platform, you signify that you have read, understand and agree to be bound by these Terms of Use. We may modify these Terms of Use at any time. Your continued use of our Platform, and/or your purchase of products or services from our Platform, constitutes your acceptance to these Terms of Use and any updates. If you do not agree to these Terms of Use, please do not use our Platform.

Products and Services

Through the Platform, Greenhow offers products and services that you may purchase and that are subject to separate terms and conditions that you will agree to in order to use our products and services. You will be unable to complete the purchase of our products and services unless you first agree to the terms and conditions applicable to such products and services. If there is a conflict between these Terms of Use and the terms posted for, distributed with, or applicable to any service or product offered on or through the Platform, the latter terms shall control with respect to your use of that specific product or service.

Product Orders

All orders placed through the Platform are subject to Greenhow’s acceptance. This means that Greenhow may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card is charged for an order that is later cancelled by Greenhow, Greenhow will issue you a refund.

Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of each component of the Platform (collectively, “Content”) is owned, controlled or licensed by or to Greenhow, and is protected by, copyright, patent and trademark, trade name and trade dress laws, and various other intellectual property rights (collectively, “Intellectual Property Rights”) and unfair competition laws. All Content is the proprietary property of Greenhow or its licensors. All rights reserved.

No part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, reverse engineered 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 Greenhow’s express prior written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Platform, the Content.

Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property Rights to you.

Account, Passwords and Security

If any of the Greenhow products or services available through our Platform requires or permits you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This Platform is intended solely for users who are thirteen (13) years of age or older. If you are thirteen (13) years of age of younger, you are not permitted to register with the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age.

You are entirely responsible for maintaining the confidentiality of any password created in connection with the use of the Greenhow products or services available through the Platform and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Greenhow immediately of any unauthorized use of your account or any other breach of security. Greenhow will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Greenhow or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Mobile Services

The Platform contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using Greenhow mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Links

The Platform may contain links to Web sites, applications or other products or services operated by other companies (“Third Party Platforms”). Greenhow does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Greenhow is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Personal Non-Commercial Use

Unless otherwise specified, you may use the Content and the Platform for your personal and non-commercial use. You may use Content available on the Platform or that has otherwise been provided in connection with your purchase of products or services of Greenhow and purposely made available by Greenhow for downloading from the Site, provided that, unless you have Greenhow’s prior written consent, you (1) shall not remove or alter any proprietary notice, (2) shall use such information only for your personal, non-commercial use, (3) shall not copy or post such information on any networked computer or broadcast it in any media, and (4) shall make no modifications thereto. You agree not to use any data mining, robots, scraping or similar data gathering methods.

No Unlawful or Prohibited Use

As a condition of your use of the Greenhow products and services available through the Platform, you agree not to use such products or services for any purpose that is unlawful or prohibited by these Terms of Use or in any manner that could damage, disable, overburden, or impair any Platform, any Greenhow server, any Greenhow application or any network to which any Greenhow server may be connected, or interfere with any other party’s use and enjoyment of the Platform. You agree not to attempt to gain unauthorized access to any Greenhow products and services available through the Platform, other accounts, computer systems or networks to which any Greenhow server may be connected through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Greenhow products and services available through the Platform.

The Greenhow products and services available through the Platform may contain e-mail services, bulletin board services, “My Account” pages, calendars, blogs, file cabinets and/or other message or communication facilities designed to enable you to communicate with Greenhow and for us to communicate with you (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to send and receive, or otherwise access or make available messages, communications, information, data, opinions, photos, profiles, notes, Web site links, text information, videos, and any other content or material (collectively or individually, as the case requires, “User Generated Content”) that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful User Generated Content;
Upload, or otherwise make available, User Generated Content that contain images, photographs, software or other material protected by the Intellectual Property Rights of others or by rights of privacy or publicity, unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information which are made available through the Platform in any manner that infringes any Intellectual Property Rights or privacy or publicity rights of any party;
Upload User Generated Content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Disclaimers

GREENHOW DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE PLATFORM AND ITS CONTENT ARE DELIVERED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. GREENHOW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR DOES GREENHOW GUARANTEE THAT ANY DATA UPLOADED TO THE SITE WILL BE STORED PROPERLY, PERMANENTLY OR NOT BE ENTIRELY OR PARTIALLY LOST. GREENHOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GREENHOW 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 PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, GREENHOW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. GREENHOW RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE. YOUR SOLE REMEDY AGAINST GREENHOW FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM 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 of the Platform or the Content, whether for breach of contract, tort, negligence or any other cause of action.

SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Greenhow 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 Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms of use; and (3) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or otherwise.

Limitation of Liability

In no event will Greenhow be liable to you for any indirect, consequential, exemplary, incidental or punitive damages even if Greenhow has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Greenhow is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform, Greenhow’s liability shall in no event exceed US$100.00.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

You agree that Greenhow may, in its sole discretion and without prior notice, terminate your access to the Platform, block or restrict your future access to the Platform and delete your profile and any User Generated Content, for any reason or no reason, including (but not limited to) (1) violation of these Terms of Use or other agreements or guidelines which may be associated with your use of the Platform or the products and services offered thereon, (2) requests by law enforcement or other government agencies, (3) a request by you (self-initiated account deletions), (4) discontinuance or material modification of the Platform (or any part thereof) or any service offered on or through the Platform, or (5) unexpected technical issues or problems. You agree that Greenhow will not be liable to you or to any third party for termination or restriction of your access to the Platform or deletion of your profile.

These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Disclaimers, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

If Greenhow is successful in any legal action taken by Greenhow against you as a result of your violation of these Terms of Use, Greenhow will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Greenhow.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

Indemnity

You agree to indemnify and hold Greenhow, its officers, directors, managers, members, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, liabilities, claims or expenses (including attorneys’ fees) arising from or relating in any way to your use of the Platform, or any violation of these Terms of Use, any law or the rights of any third party.

Miscellaneous

You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Greenhow shall be governed in all respects by the laws of Massachusetts, United States of America, without regard to choice of law provisions. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Boston, Massachusetts; provided that any dispute arising out of our services or products may be subject to other dispute resolution procedures (such as arbitration) as specified in the terms and conditions applicable to such products and services. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Boston, Massachusetts. Any cause of action or claim you may have with respect to the Platform must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from Greenhow. You agree that any notice, agreement, disclosure or other communication that Greenhow sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Greenhow failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Greenhow may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.