1. This Terms and Conditions of Use Agreement (this “Agreement”)
sets forth legally binding terms for your use of TuwA.com (the “Website”),
which is owned by Go Green LLC (“Go Green”). By using our Website, you
agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse one or more of our Websites) or you are a
"Member" (which means that you have registered on one of our
Websites as a user). If you do not accept the terms of this Agreement, you
should leave our Website and discontinue use of the Service immediately. We may
modify this Agreement from time to time, and such modification shall be
effective upon its posting on any of our Website. You agree to be bound by any
modification to this Agreement when you use any of our Website after any such
modification is posted; it is therefore important that you review this
Agreement regularly.
2. If you wish to become a Member, communicate with
other Members and otherwise make use of the Service, you must read this
Agreement and indicate your acceptance during the registration process. In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the registration form available on our Website
(the "Registration Data") and (b) maintain and promptly update
your Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Go Green reserves the right to suspend
or terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Use of the Service and membership on our
Website is void where prohibited.
3. Due to the nature of the internet, we cannot
prohibit minors from visiting our Website. However, all users who register with
any of our Website must be 18 years of age or older.
4. If you register on one of our Websites, you will
be required to choose a password and user name, and you may be asked for
additional information regarding your account, such as your e-mail
address. You are responsible for maintaining the confidentiality of the
password and account information, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify Go
Green of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you log out from your account at
the end of each session. Go Green will not be liable for any loss or damage
arising from your failure to comply with this paragraph.
5. You agree not to use the Service to post or
otherwise transmit information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content")
that is patently offensive and/or promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; harasses or advocates
harassment of another person; exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter; solicits personal
information from anyone under the age of eighteen (18); provides any telephone
numbers, street addresses, last names or email addresses of anyone other than
your own; promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous; violates any intellectual property or other proprietary right of
any third party, including Content that promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming"; contains restricted or password
only access pages or hidden pages or images (those not linked to or from
another accessible page); furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses; solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Members; involves commercial activities and/or sales
without our prior written consent, such as contests, sweepstakes, barter,
advertising, or pyramid schemes; includes a photograph of another person
that you have posted without that person's consent or, in the case of children
under the age of eighteen (18), parental consent, or otherwise constitutes an
invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.
6. You, and not Go Green, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. Go Green does not control the Content posted via the Service
and, as such, we do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content
that you deem offensive, indecent or objectionable. Under no circumstances will
Go Green be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or 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 Service.
7. You acknowledge that Go Green may or may not
pre-screen Content posted on our Website, but that Go Green shall have the
right (but not the obligation) in its sole discretion to pre-screen, edit,
refuse, or remove any Content or portion thereof that is available via the
Service, in its sole discretion, for any reason. Without limiting the
foregoing, Go Green shall have the right to remove from our Website any Content
that violates this Agreement or is otherwise objectionable in the sole
discretion of Go Green, or to restrict, suspend, or terminate your access to
all or any part of the Service at any time, for any or no reason, with or
without prior notice, and without liability. If you become aware of misuse of
the Service by any person, please email Go Green at info@TuwA.com.
8. You acknowledge, consent and agree that Go Green
may access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access,
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of Go Green,
its Members and the public.
9. You understand that our Website and software
embodied within our Website may include security components that permit digital
materials to be protected, and that use of these materials is subject to usage
rules set by Go Green and/or content providers who provide content to Go
Green. You may not attempt to override or circumvent any such security
components and usage rules embedded into our Website.
10. The Service may not be used in connection with
any commercial purposes, except as specifically approved by Go Green.
Unauthorized framing of or linking to any of our Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles and Content without notice and may result in
termination of membership privileges.
11. By posting, displaying, publishing,
transmitting, or otherwise making available (individually and collectively,
"posting") any Content on or through our Website or the
Service, you hereby grant to Go Green a non-exclusive, fully-paid,
royalty-free, perpetual, irrevocable, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy, modify,
adapt, translate, create derivative works, publicly perform, publicly display,
store, reproduce, transmit, distribute, and otherwise make available such Content
on and through our Website, in print, or in any other format or media now known
or hereafter invented, without notification, compensation, or attribution to
you, and without your consent. If you wish to remove any Content from the
Service, your ability to do so may depend on the type of Content, the location
and manner of posting, and other factors. You may contact us to
request the removal of certain Content you have posted, but Go Green has no
obligation to remove any such Content, may choose whether or not to do so in
its sole discretion, and makes no guarantee as to the complete deletion of any
such Content and copies thereof. Notwithstanding the foregoing, a back-up
or residual copy of any Content posted by you may remain on Go Green's servers
after the Content appears to have been removed from our Website, and Go Green
retains the rights to all such remaining copies. You represent and warrant
that: (i) you own all right, title and interest in all Content posted by you on
or through our Website or the Service, or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on or
through our Website or Service does not violate the privacy rights, publicity rights,
copyrights, trademarks, patents, trade secrets, contract rights,
confidentiality, or any other rights of any third party.
12. Our Website contains Content of Go Green and Content of third party
licensors to Go Green (including content provided by users of our Website, as
described above), which is protected by copyright, trademark, patent, trade
secret and other laws. Go Green owns and retains all rights, title and
interest in our Content. Go Green hereby grants to you a limited, revocable, non-sublicensable
license to reproduce and display a single copy of the our Content and any third
party Content located on or available through our Website or Service (excluding
any software code therein) solely for your personal, non-commercial use in
connection with viewing our Website and using the Service. Except for Content
posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, make available, or sell any Content
appearing on or through our Website or Service.
13. Our Website may contain links to other sites
owned by third parties (i.e. advertisers, affiliate partners, strategic
partners, or others). We are not responsible for examining or evaluating,
and we do not warrant the products or offerings of, any of these businesses or
individuals, or the accuracy of the content of their website. Go Green
does not assume any responsibility or liability for the actions, product, and
content of any such website. Before you use any third party website, you
should review the applicable terms of use and policies for such
website. The inclusion of a link in any of our Website does not imply Go
Green’s endorsement of such third party website. If you decide to access
any such linked website, you do so at your own risk.
14. Due to the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
15. Go Green respects your privacy and permits you
to control certain aspects of the treatment of your personal information as set
forth in our Privacy Policy. The Privacy Policy is expressly incorporated into
this Agreement by this reference.
16. Go Green has in place certain legally mandated
procedures regarding allegations of copyright infringement occurring on our
Website or with the Service. Go Green reserves the right in its sole discretion
to immediately suspend and/or terminate access to the Service or our
Website by any user who is alleged to have infringed on the intellectual
property rights of Go Green or of a third party, or otherwise violated any
intellectual property laws or regulations. Go Green’s policy is to investigate
any allegations of copyright infringement brought to its attention. If you have
evidence, know, or have a good faith belief that your rights or the rights of a
third party have been violated and you want Go Green to delete, edit, or
disable the material in question, you must provide Go Green with all of the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification of the
material that is claimed to be infringed 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 Go Green to locate the material;
(d) information reasonably sufficient to permit Go Green to contact you, such
as an address, telephone number, and if available, an electronic mail address
at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it
to Go Green either by e-mail, or by U.S. mail to our designated agent
for notification of infringement.
17. You are solely responsible for your
interactions with other Members. Go Green reserves the right, but has no
obligation, to monitor disputes between you and other Members.
18. This Agreement shall remain in full force and effect
for so long as it is posted on any of our Website. You may terminate your
membership at any time, for any reason, by following the instructions on the
Profile page. Go Green reserves the right to terminate your account or your
access to our Website immediately, with or without notice to you, and without
liability to you, if Go Green believes that you have breached any of the terms
of this Agreement, furnished Go Green with false or misleading information, or
interfered with use of the Website or the Service by others. The terms of
Sections 8, 11, 12, and 18 - 29 shall survive termination of this Agreement and
your use of the Service.
19. Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, in certain jurisdictions, some of the above limitations of
liability may not apply to you; all other provisions of this Agreement remain
in full force and effect.
20. You agree to indemnify, defend, and hold
harmless Go Green, its affiliates, subsidiaries, officers, directors,
employees, consultants, agents, and representatives from any and all third
party claims, losses, liability, damages, and/or costs (including reasonable
attorney fees and costs) arising from your breach of the terms of this
Agreement, or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or entity.
Go Green will notify you promptly of any such claim, loss, liability, or
demand, and will provide you with reasonable assistance, at your expense, in defending
any such claim, loss, liability, damage, or cost.
21. We may also require you to follow
additional rules, guidelines or other conditions (“Additional Terms”) in
order to participate in certain promotions or activities available through our
Website, to obtain certain premium Content through our Website, or for other
reasons. In addition, certain Additional Terms will govern any purchases
you make through the online stores located on our various Website. These
Additional Terms will be posted on the relevant portions of our Website or on
the portions of our Website that describe the specific promotions, Content, or
activities. These Additional Terms are part of this Agreement, and you agree to
comply with them when you participate in those promotions, purchase items
from our online stores, or otherwise engage in activities governed by such
Additional Terms.
22. We reserve the right at any time to modify,
edit, delete, suspend or discontinue, temporarily or permanently the Service or
any of our Website (or any portion thereof) with or without notice. You agree
that we will not be liable to you or to any third party for any such
modification, editing, deletion, suspension or discontinuance of the Service or
our Website.
23. This Agreement, together with any other terms
or policies referenced herein (including without limitation the Privacy Policy
and Additional Terms), constitutes the entire agreement between you and Go
Green and governs your use of the Website and Service, superseding any prior
agreements between you and Go Green with respect to the Website and Service.
24. This Agreement and the relationship between you
and Go Green shall be governed by the laws of the State of Indiana without
regard to its conflict of law provisions. You and Go Green agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
of Marion, Indianapolis, Indiana.
25. The failure of Go Green to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
and effect.
26. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of the Website, the Service or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Your use of the Website
and the Service is at your sole risk. The Website and the Service are provided
on an "as is" and "as available" basis. GO GREEN and its
subsidiaries, affiliates, officers, employees, agents, partners and licensors
expressly disclaim all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement, with respect to the
service, the website, and any third party website with which they are linked.
GO GREEN and its subsidiaries,
affiliates, officers, employees, agents, partners and licensors make no
warranty that (i) the Website or the Service will meet your requirements; (ii)
the Website or Service will be uninterrupted, timely, secure, error-free, OR
FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (iii) the results that may be obtained from the use of the Website
or Service will be accurate or reliable; and (iv) the quality of any Content,
products, services, information or other material purchased or obtained by you
through the Website or Service will meet your expectations. WE DO
NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF
DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED
SETTINGS, OR OTHER DATA.
Any material downloaded or otherwise obtained through the use of our Website or
the Service is accessed at your own discretion and risk, and you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of any such material. |