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TERMS AND CONDITIONS OF USE AND LEGAL NOTICES OF THE GREENTOMATO
SOFTWARE LLC. WEBSITE
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS
OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM,
SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES,
YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT,
OUR TERMS OF USE POLICY
», AND OUR
SUBSCRIPTION AGREEMENT
».
By entering the GreenTomato Software, LLC. website, you acknowledge
and agree to the following terms and conditions. If you do not agree to
these terms and conditions, do not enter and use this website. This
legal information and the terms and conditions are applicable to all
pages of the GreenTomato Software, LLC. website. The GreenTomato
Software, LLC. reserves all rights afforded by the laws of the state of
California, and of the United States, and specifically reserves its
rights, claims, and defenses for any omission from the contents of this
notice to users of the GreenTomato Software, LLC. website.
You acknowledge and agree that GreenTomato Software, LLC. reserves
the right to revise this legal information at any time for any reason
and reserves the right to make changes at any time, without notice or
obligation, to any of the information and materials contained on this
website. You further acknowledge and agree that by entering this
website you will be bound by any such revisions to the website and that
GreenTomato Software, LLC. has encouraged you to periodically visit the
website and this page to review these terms and conditions.
Intellectual Property Ownership
You acknowledge and agree that GreenTomato Software, LLC. is the
copyright owner of this website and that no portion of this website,
including, but not limited to the text, images, audio and/or video, may
be used in any manner, or for any purpose by you, without GreenTomato
Software, LLC.´s express written permission. Without in any way waiving
any of the foregoing rights, you may download one copy of the material
on this website for your personal, non-commercial use only, provided
you do not delete or change any copyright, trademark or other
proprietary notices. Any modification, reposting or use of the
materials on this website by you for any other purpose violates
GreenTomato Software, LLC.´s legal rights in this copyrighted work.
You acknowledge and agree that the GreenTomato Software, LLC. name, and
other contributor designations, trademarks, logos, sound, graphics,
maps, layouts, charts, text, video, images of places or people and
other materials represented on this website are owned or licensed by
GreenTomato Software, LLC. Your use of any of these materials is
prohibited unless you have obtained prior written approval from
GreenTomato Software, LLC. Any unauthorized use of these materials by
you may subject you to penalties or damages, including, but not limited
to infringement of GreenTomato Software, LLC. and others parties´
copyrights, trademarks, privacy rights, publicity rights, and/or other
intellectual property rights. GreenTomato Software, LLC. will enforce
its intellectual property rights to the full extent of the law.
By the action of any unauthorized copying, duplication, or any other
form of reproduction from this website for any commercial purpose,
without the express written permission from the GreenTomato Software,
LLC. or authorized license, shall immediately constitute a full and
complete waiver of any jurisdictional defense the acting party may
have, and said party hereby agrees and consents to be subject to the
jurisdiction of the Federal District Court for California and the State
Courts of California in any action filed by the GreenTomato Software,
LLC. in prosecuting any unauthorized reproduction.
Other works appearing on this website, not belonging to the GreenTomato
Software, LLC., are used with the permission of the owners and they
retain their respective intellectual property rights.
No Confidentiality or Use Limitations for Submitted
Information
You acknowledge and agree that any communication or material you
transmit to this website, in any manner and for any reason, will not be
treated as confidential or proprietary information and that any
communications, or other materials you transmit to this website may be
used by GreenTomato Software, LLC. for any reason whatsoever at any
time without notice to you. You further acknowledge and agree that if
GreenTomato Software, LLC. decides to use or revise the materials, we
may do so through reproduction, transmission, publication, and/or
broadcast without permission from or compensation to you.
Privacy of Email Addresses / Demographic Information
GreenTomato Software, LLC. will not sell the email list information
that is compiled from submissions to this site to be used for
commercial purposes.
Any demographic information provided shall not be attributed to the
individual providing it on this site if it occurs by a question
originated by GreenTomato Software, LLC.
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets
Layer (SSL) pages as designated by Chained SSL, Inc. GreenTomato
Software, LLC. appreciates the importance of providing a secure
environment on its website for the purpose of providing confidential
information to support clients, and GreenTomato Software, LLC. will
take all reasonable and customary steps to protect the information
provided. Please use all means to protect your personal information,
particularly if you are using a shared computer.
Supporting documents and disclaimers necessary for submission of
applications which appear on this site may be supported by other
documents requiring a signature. In such event, the signed document
shall prevail, and the documents and disclaimers appearing on the
website shall be incorporated into the signed document. In the event
there is any contradiction in terms between the online document and the
subsequent signed document, the conflicting term(s) shall be resolved
by relying on the document which is actually signed.
Use of this Site at Own Risk
You acknowledge and agree that your use of the website is at your own
risk and that none of the parties involved in creating, producing, or
delivering this website is liable for any direct, indirect, incidental,
consequential or punitive damages, or any losses, costs or expenses of
any kind (including attorney´s fees, and/or other fees or expenses )
which may arise, directly or indirectly, through the access to, the use
of, or the browsing in this site or through your downloading of any
materials, text, data, images, video or audio from this website,
including but not limited to anything caused by any viruses, bugs,
human action or inaction of any computer system, phone line, hardware,
software or program malfunctions, or any other errors, failures or
delays in computer transmissions or network connections.
No Warranty of Accuracy of Information
You acknowledge and agree that while GreenTomato Software, LLC. will
make reasonable efforts to ensure that the information in the website
is correct GreenTomato Software, LLC. website is based upon current
information, GreenTomato Software, LLC. cannot guarantee the accuracy
of the information and makes no warranties or representations as to its
accuracy. All content and information contained in this website are
provided to you "AS IS", without any warranty of any kind,
either express or implied, including but not limited to the implied
warranty of merchantability, fitness for a particular purpose, title
and non-infringement.
Unlawful Content and Behavior
You acknowledge and agree that you will not post on this website, or
transmit to this website, any pornographic, obscene, profane,
defamatory, libelous, threatening, unlawful or other materials which
could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate
any law or regulation. Notwithstanding the fact that GreenTomato
Software, LLC. or other parties are involved in creating, producing or
delivering this website, may monitor or review transmissions, postings,
or discussions, GreenTomato Software, LLC. assumes no responsibility or
liability which may arise from such content, including but not limited
to claims for defamation, libel, slander, obscenity, pornography,
profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to
other websites, GreenTomato Software, LLC. is not, directly or
indirectly, implying any approval, association, sponsorship,
endorsement or affiliation with the linked website, unless specifically
stated in this website. GreenTomato Software, LLC. has not reviewed all
websites linked to this website and is not responsible for the content
of any other website linked to this website. Any linking by you to any
other websites is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials
on the GreenTomato Software, LLC. website may be read throughout the
world, this website is designed and intended for use in the United
States and your entrance into this website will be construed and
evaluated according to the laws of the United States. If you access
this website from another country, you are responsible for compliance
with any and all applicable local laws. If the information and
materials in the website do not conform to the laws of the country
where you access the website, the information is not meant for you.
GreenTomato Software, LLC. makes no representation that the information
and materials contained in this website are appropriate for countries
outside the United States.
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