Green2Gold is a Non Profit Educational Organization since 1972, located at 2828 Cochran St. #177, Simi Valley, CA 93065.
Terms and Conditions establishes certain rules and requirements pertaining to the use by customers and users (“Users”) of GREEN2GOLD, Inc.’s (“GREEN2GOLD.ORG) websites, products or services (collectively the “services”). These Terms and Conditions may be amended at any time and such amendment or termination will be effective at the time GREEN2GOLD.ORG posts the revised Terms and Conditioons ro its website(s). These Terms and Conditions are incorporated by reference into the definitive agreement between GREEN2GOLD.ORG and the User regarding such Services (“Agreement”). Capitalized terms not defined in these Terms will have meanings set forth in the Agreement.
Although GREEN2GOLD.ORG may notify User of changes to these Terms and Conditions, GREEN2GOLD.ORG has no obligation to do so and User agrees to be bound by such modifications. Therefore, GREEN2GOLD.ORG recommends that User periodically review these Terms and Conditions for modifications. If User does not agree to these Terms and Conditions, as currently stated or as subsequently modified, User should not use GREEN2GOLD.ORG Services.
The following terms are defined as follows for purposes of these Terms and Conditions:
- a. GREEN2GOLD.ORG: “GREEN2GOLD.ORG,” for the purpose of these Terms and Conditions, shall mean not only GREEN2GOLD.ORG, but includes successors in interest, past, present and future assigns, officers, directors, subsidiaries, agents, affiliates, and such others acting in concert with GREEN2GOLD.ORG and the rights and benefits created herein shall inure to their collective benefit.
- b. Content: “Content,” for the purpose of these Terms and Conditions, shall mean any and all things placed on or streamed through the GREEN2GOLD.ORG or affiliate websites by Users, including, but not limited to: audio, video, audiovisual combinations, text, graphics, software, scripts, photographs, and all other materials provided by Users that may be viewed, accessed, or utilized by persons visiting the GREEN2GOLD.ORG or affiliate websites.
- c. Services: “Services,” for the purpose of these Terms and Conditions, shall mean all access provided by GREEN2GOLD.ORG and its affiliates to the GREEN2GOLD.ORG website and affiliate websites, regardless of the means of access; and shall also mean all means by which GREEN2GOLD.ORG allows User to provide content on the GREEN2GOLD.ORG website or affiliate websites.
Unless specifically stated otherwise, these Terms and Conditions apply to all Users of the Services, regardless of whether such User merely views or accesses the Services. GREEN2GOLD.ORG is a nonprofit educational organization. We have assembled an extensive network of service providers to assist our members, but cannot be responsible for their performance or service qualities. Always use consumer guidelines and precautions when dealing with any professionals offering services or products. We are not responsible for the actions or services of any governmental agencies, such as the U.S Patent and Trademark Office, U.S Copyright Office, U.S. Small Business Administration, etc. There are no guarantees of success in inventing or entrepreneurship. These are elected financial risk activities that may or may not profit you. Always seek out as much information and expert advice as possible. GREEN2GOLD.ORG members utilize vendors to perform searches, illustrations, engineering, models, intellectual property services, etc. They have signed confidentiality, but you may feel free to have them agree to your non disclosures before commissioning their services. Always ask for estimates, references, and use good consumer sense when contracting with any services to assist your idea or entrepreneurial pursuit. Remember, every idea is unique and in the process of assisting you and performing specified services you may commission, it is important to understand each project, just like each idea, is different and a creative process of its own. We cannot guarantee deadlines, or hard timetables in helping you develop your ideas. We can provide estimated time frames based on experience and past projects. When contracting for services through GREEN2GOLD.ORG there are no refunds. GREEN2GOLD.ORG makes no warranties or guarantees of vendor services, or GREEN2GOLD.ORG counseling advice. Feel free to contact GREEN2GOLD.ORG any time for scheduling consultations, attending chapter meetings, workshops or courses. We welcome your suggestions. Membership is on a renewal basis. If you do not choose to renew your membership, we ask you to please coordinate pick up or delivery of any prototypes, models or personal files that you need returned. If you do not coordinate the return of your materials with us within 1 year, we reserve the right to dispose any materials we choose related to your membership in a responsible way.
GREEN2GOLD.ORG may allow or require User to create an account in order to access some features of the Services, in order to contribute Content, or in order to manage User’s features, access, or Content. When creating an account, User must provide accurate and complete information. User is also required to update account information if any of the information provided changes. User may not use another User’s account without permission and shall not allow use of User’s account by others.
As a Green2Gold member, user agrees to abide by the rules of GREEN2GOLD.ORG, support their objectives and promote the ethical standards of the organization. User understands the purpose and high ideals of GREEN2GOLD.ORG and is interested in helping others as well as receiving help. User agrees they will not, as an individual or as a representative of a company or corporation, in any way, make, use, sell, divulge, duplicate or capitalize on any idea, business concept, method or invention not theirs, nor will the user be a cause to the foregoing as a result of ideas and/or business concepts or inventions disclosed in confidence by a fellow member, and/or at a chapter meeting, or by a service provider without first obtaining the signed approval of originating business owner or inventor or others involved in the transaction. This agreement is challengeable only to the extent that the User can satisfactory demonstrate, with documentary proof, that the information disclosed has been previously known to me. GREEN2GOLD.ORG reserves the right to cancel a member’s membership privileges due to excessive service demands or illegal conduct that GREEN2GOLD.ORG determines are detrimental to the welfare, standing, reputation or best interest of GREEN2GOLD.ORG, or to other members. GREEN2GOLD.ORG will provide this notice of cancellations if required.
User is solely responsible and liable for all activity that occurs on User’s account. If User believes that there is a breach of security or that unauthorized use of User’s account, User must contact GREEN2GOLD.ORG immediately.
GREEN2GOLD.ORG will not be liable for losses or harm incurred by User as a result of any security breach or unauthorized use of User’s Account. However, User remains liable to GREEN2GOLD.ORG for any loss or harm incurred by GREEN2GOLD.ORG as a result of any security breach or unauthorized use of User’s account. User may also be liable to third parties for loss or harm resulting from any security breach or unauthorized use of User’s account.
4. Memberships and Billing.
GREEN2GOLD.ORG may offer paid membership (“Paid Membership”) that allows User to access additional content or to utilize additional features. Such Paid Memberships will continue month-to-month unless and until User cancels User’s membership or GREEN2GOLD.ORG terminates the Paid Membership.
- a. Payment Method. In order to establish and maintain a Paid Membership, User must provide GREEN2GOLD.ORG with a current, valid, accepted method of payment (accepted methods are solely in GREEN2GOLD.ORG’s discretion and may change from time to time) (“Payment Method”). GREEN2GOLD.ORG will bill monthly Paid Membership fees to User’s Payment Method. User must cancel the Paid Membership before it renews each month in order to avoid billing of the next month’s Paid Membership fees to User’s Payment Method.
- b. Varying Memberships.GREEN2GOLD.ORG may offer a number of Paid Membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at User’s sign-up through Membership Order Form or in other communications made available to User. Promotional memberships may be offered by third parties in conjunction with the provision of their own products and services. GREEN2GOLD.ORG is not responsible for the products and services provided by such third parties. GREEN2GOLD.ORG reserves the right to modify, terminate, or otherwise amend GREEN2GOLD.ORG’s offered membership plans.
- c. Billing.
- i. Recurring Billing. By starting User’s GREEN2GOLD.ORG membership, User authorizes GREEN2GOLD.ORG to charge User a monthly membership fee at the then current rate, and any other charges User may incur in connection with User’s use of GREEN2GOLD.ORG Services to User’s Payment Method. User acknowledges that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and User authorizes GREEN2GOLD.ORG to charge User’s Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- ii. Price Changes.GREEN2GOLD.ORG reserves the right to adjust pricing for Services or any components thereof in any manner and at any time as GREEN2GOLD.ORG may determine in GREEN2GOLD.ORG’s sole and absolute discretion. GREEN2GOLD.ORG will provide notice of pricing changes as required by applicable law, if any.
- iii. Billing Cycle. The Paid Membership fee for GREEN2GOLD.ORG Services will be billed at the beginning of the paying portion of User’s membership and each month thereafter unless and until User cancels User’s membership. GREEN2GOLD.ORG automatically bills User’s Payment Method each month on the calendar day corresponding to the commencement of User’s paying membership or at such other day as GREEN2GOLD.ORG may establish as the calendar day for monthly billing (adjusting per diem as required). Holidays, weekends, etc. may effect monthly automatic billing. Membership fees are fully earned upon payment. GREEN2GOLD.ORG reserves the right to change the timing of billing, in particular, as indicated below, if User’s Payment Method has not successfully settled. In the event User’s paying membership began on a day not contained in a given month, GREEN2GOLD.ORG may bill User’s Payment Method on a day in the applicable month or such other day as GREEN2GOLD.ORG deems appropriate. For example, if User started User’s GREEN2GOLD.ORG membership or became a paying member on January 31st, User’s next payment date is likely to be February 28th, and User’s Payment Method would be billed on that date. User’s renewal date may change due to changes in User’s Membership. Contact GREEN2GOLD.ORG or, if provided, view User’s account details to see the commencement date for User’s next renewal period. GREEN2GOLD.ORG may authorize User’s Payment Method in anticipation of membership or service-related charges. As used in these Terms and Conditions, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against User’s Payment Method. Unless otherwise stated differently, month or monthly refers to User’s billing cycle.
- iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, User will continue to have access to the Service through the end of User’s current billing period. At any time, and for any reason, GREEN2GOLD.ORG may provide a refund, discount, or other consideration to some or all of GREEN2GOLD.ORG members (“credits”). The amount and form of such credits, and the decision to provide them, are at GREEN2GOLD.ORG’s sole and absolute discretion. The provision of credits in one instance does not entitle User to credits in the future for similar instances, nor does it obligate GREEN2GOLD.ORG to provide credits in the future, under any circumstance.
- v. Payment Methods. User may edit User’s Payment Method information by contacting GREEN2GOLD.ORG or, if provided, by visiting User’s account page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and User does not edit User’s Payment Method information or cancel User’s account (see, “Cancellation” below), User remains responsible for any uncollected amounts and authorizes GREEN2GOLD.ORG to continue billing the Payment Method, as it may be updated. This may result in a change to User’s payment billing dates. If User signed up for GREEN2GOLD.ORG using User’s account with a third party as a Payment Method, and wish to cancel User’s GREEN2GOLD.ORG Paid Membership at any time, including during User’s free trial, User will need to do so through such third party, including by visiting User’s account with the applicable third party and turning off auto-renew, or unsubscribing from, the GREEN2GOLD.ORG service. For certain Payment Methods, the issuer of User’s Payment Method may charge User a transaction fee or other charges. User is encouraged to check with User’s Payment Method service provider for details.
- vi. Cancellation. User may cancel User’s GREEN2GOLD.ORG Paid Membership at any time, and User will continue to have access to the GREEN2GOLD.ORG service paid for through the end of User’s monthly billing period. GREEN2GOLD.ORG DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, User must contact GREEN2GOLD.ORG in writing or, if provided, through User’s account page on GREEN2GOLD.ORG’s website and follow the instructions for cancellation.
- 5. Third Party Links. Services may contain links or other means by which to access third party websites or content that are not owned or controlled by GREEN2GOLD.ORG. The presence of or access to such third party links, websites, or content does not constitute an endorsement of such third parties by GREEN2GOLD.ORG or affiliation between such third party and GREEN2GOLD.ORG. GREEN2GOLD.ORG does not assume any responsibility for the content or practices of such third parties. GREEN2GOLD.ORG also does not assume any liability for harm that User may incur as a result of such third party links, including, but not limited to, harm as a result of malicious software or viruses. By using the Services, User expressly waives any and all claims, causes of action, relief, or remedy as against GREEN2GOLD.ORG arising from User’s use of any third party link, website, or content. Therefore, GREEN2GOLD.ORG encourages Users to conduct their own investigation prior to accessing third party links, websites, or content.
8. Permissions and Restrictions.
GREEN2GOLD.ORG hereby grants User permission to access and use the Services as set forth in these Terms and Conditions, provided that:
- a. User agrees not to distribute in any medium any part of the Services or the Content without GREEN2GOLD.ORG’s prior written authorization, unless GREEN2GOLD.ORG makes available the means for such distribution through functionality offered by the Services.
- b. User agrees not to alter or modify any part of the Services.
- c. User will comply with all applicable laws relating or applicable to use of the Services.
- d. GREEN2GOLD.ORG may, in its sole and complete discretion, discontinue any aspect of the Services at any time and User acknowledges and agrees that GREEN2GOLD.ORG shall have no liability to User or others resulting from discontinuation of any or all aspects of the Services.
6. Use of Content.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to User’s use of Content.
- a. The Content on the Services, and the trademarks, service marks and logos (“Marks”) on the Services, are owned by or licensed to GREEN2GOLD.ORG, subject to copyright and other intellectual property rights under the law. User may not use such Marks unless specifically authorized by GREEN2GOLD.ORG.
- b. Content is provided “as is.” User may access Content for User’s information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms and Conditions. User shall not download any Content unless authorized by GREEN2GOLD.ORG. User shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of GREEN2GOLD.ORG or the respective licensors of the Content. GREEN2GOLD.ORG and its licensors reserve all rights not expressly granted in and to the Services and the Content.
- c. User agrees not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
7. Account Termination Policy.
GREEN2GOLD.ORG reserves the right to decide whether Content violates these Terms and Conditions and GREEN2GOLD.ORG may at any time, without prior notice and in its sole discretion, remove Content and/or terminate a user’s account for submitting material in violation of these Terms and Conditions. GREEN2GOLD.ORG reserves the right to remove any content that it deems indecent, obscene, excessive in length, violative of any law or regulation, or infringing upon the rights of others. Failure by GREEN2GOLD.ORG to remove Content and/or terminate a user’s account is not a waiver of any right to remove the same or similar Content and/or terminate another user account for the same or similar reasons.
8. Digital Millennium Copyright Act.
- a. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- b. Counter-Notice. If a User believes that the User’s Content that was removed (or to which access was disabled) is not infringing, or that User has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in User’s Content, User may send a counter-notice containing the following information to the Copyright Agent:
- i. User’s physical or electronic signature;
- ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- iii. A statement that User has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- iv. User’s name, address, telephone number, and e-mail address, a statement that User consents to the jurisdiction of the federal court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- v. If a counter-notice is received by the Copyright Agent, GREEN2GOLD.ORG may send a copy of the counter-notice to the original complaining party informing that person that GREEN2GOLD.ORG may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GREEN2GOLD.ORG’s sole discretion.
For the fastest processing of DMCA Notices, Counter Notifications, Retractions, and other DMCA-related correspondence, GREEN2GOLD.ORG recommends that you submit such correspondence via email to firstname.lastname@example.org.
Only DMCA notices should be sent to the Copyright Agent. Be advised that failure to comply with all of the requirements of 17 U.S.C 512(c)(3) may make your DMCA notice invalid. All other feedback, comments, requests for technical support, and other communications should be directed to GREEN2GOLD.ORG customer service.
Be advised that a request for removal of content is the initiation of a legal process. Therefore, you should not make false claims. Misuse of the DMCA process may result in suspension of any accounts you have with GREEN2GOLD.ORG and may subject you to additional liability. If you are a content owner and wish to retract a DMCA notification, please send GREEN2GOLD.ORG’s Copyright Agent all of the following information: (i) a statement of retraction (“I hereby retract my claim of copyright infringement.”); (ii) the complete URL of the Content in question; and (iii) an actual or electronic signature.
By submitting a counter notification, you consent to having the counter notification sent to the party who submitted the original claim of copyright infringement in its entirety, including all personal information contained therein.
For the fastest processing of DMCA Notices, Counter Notifications, Retractions, and other DMCA-related correspondence, GREEN2GOLD.ORG recommends that you submit such correspondence via email to alan@Green2gold.org.
10. Disclaimer of Warranties.
USER HEREBY AGREES THAT USER’S USE OF THE SERVICES SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GREEN2GOLD.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND USER’S USE OF THE SERVICES. GREEN2GOLD.ORG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR ANY GREEN2GOLD.ORG’S SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO GREEN2GOLD.ORG SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF GREEN2GOLD.ORG SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GREEN2GOLD.ORG SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH GREEN2GOLD.ORG SERVICES BY ANY THIRD PARTY; AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GREEN2GOLD.ORG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GREEN2GOLD.ORG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability.
IN NO EVENT SHALL GREEN2GOLD.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF GREEN2GOLD.ORG SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GREEN2GOLD.ORG SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH GREEN2GOLD.ORG SERVICES BY ANY THIRD PARTY; AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GREEN2GOLD.ORG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USER SPECIFICALLY ACKNOWLEDGES THAT GREEN2GOLD.ORG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.
The Services are controlled and offered by GREEN2GOLD.ORG from its facilities in the United States of America. GREEN2GOLD.ORG makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law and regulations.
To the extent permitted by applicable law, User agrees to defend, indemnify, and hold harmless GREEN2GOLD.ORG, its parent corporation, officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of and access to the Services; (ii) User’s violation of any term of these Terms and Conditions; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that User’s Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and User’s use of the Services.
13. Ability to Accept Terms of Service.
User affirms that User is either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, User affirms that User is over the age of 13, as the Services are not intended for children under 13. If User is under 13 years of age, then User should not use the Services. By agreeing to this Terms and Conditions you represent that you have the right to bind your organization (“User”) to its terms and conditions. If you do not have such right you should not agree to these Terms and Conditions or use the Services.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by GREEN2GOLD.ORG in its sole and complete discretion, without restriction.
User agrees that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over GREEN2GOLD.ORG, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between User and GREEN2GOLD.ORG that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.
16. Entire Agreement and Severability.
These Terms and Conditions, as may be amended from time to time, together with Order Form and any other legal notices published by GREEN2GOLD.ORG on the Services, shall constitute the entire agreement (“Agreement”) between User and GREEN2GOLD.ORG concerning the Services. If any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be given its nearest legal meaning, or be construed as deleted, as such authority determines, and the remaining provisions shall remain in full force and effect. These Terms and Conditions shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either User or GREEN2GOLD.ORG.
No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and GREEN2GOLD.ORG’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Each party waives any objection (on the grounds of lack of jurisdiction, forum non convenience or otherwise) to the exercise of such jurisdiction over it by any such courts.
GREEN2GOLD.ORG reserves the right to amend these Terms and Conditions at any time and without notice, and it is User’s responsibility to review these Terms and Conditions for any changes. User’s use of the Services following any amendment of these Terms and Conditions will signify User’s assent to and acceptance of its revised terms.
19. Statute of Limitations.
USER AND GREEN2GOLD.ORG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Each party will be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, earthquake, labor disputes and strikes, riots, war and governmental requirements. The obligations and rights of the party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. This Agreement controls the actions of all party representatives, officers, agents, employees and associated individuals.