FreeGreen Inc. Terms of Service Agreement
Thank you for visiting our site. In this Terms and Conditions of Use, "we" or "us" or "FreeGreen" refers to FreeGreen, Inc. We provide our services to you subject to the following terms and conditions. PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
Acceptance of Terms
By accessing or using any part of the FreeGreen website or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by FreeGreen from time-to-time without notice to you (the “Terms of Use” and “Terms of Service”). These Terms of Use constitute a binding contract between FreeGreen and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the FreeGreen website.
DESCRIPTION OF SERVICE – BASIC MEMBERSHIP
FreeGreen is providing you with the ability to download our free house plans, browse and learn about our advertiser’s green home products, learn from\ask question over the FreeGreen Knowledge Base, read our Blog, and read our various sub-websites which deal with special showcase projects or contests that we are holding.
DESCRIPTION OF SERVICE – PREMIUM MEMBERSHIP
This is a paid membership which allows you to gain access to Premium House Plans, request up to two house plans in AutoCAD format each year, obtain 50% discounts on FreeGreen Customization Services, and gain access to the FreeGreen Discount Program which contains discount coupons and rebates which various FreeGreen partner vendors are offering to the FreeGreen User Base.
DESCRIPTION OF SERVICE – PROFESSIONAL MEMBERSHIP
This is a paid membership which is only available to Architect or Builder Users. This membership level allows you to gain access to Premium House Plans, request unlimited house plans in AutoCAD format each year, obtain 50% discounts on FreeGreen Customization Services, gain access to the FreeGreen Discount Program which contains discount coupons and rebates which various FreeGreen partner vendors are offering to the FreeGreen User Base, gain access to the FreeGreen Details Library at any point in time including regular updates, gain the ability to interact with the FreeGreen Community over the Knowledge Base System, and (for Architect Users Only) have the ability to post your own house plans for sale on the FreeGreen Open Source Program.
DESCRIPTION OF SERVICE – OPEN SOURCE PROGRAM AS PART OF PROFESSIONAL MEMBERHSIP
FreeGreen is a professional collaborative network, which allows you to upload, view and publicly display, and sell your house plans through the FreeGreen website(s) (referred to as the FreeGreen Open Source Program). You understand and agree that the Service may include advertisements and that these advertisements are necessary for FreeGreen to provide the Service. You also understand and agree that the Service may include certain communications from FreeGreen, such as service announcements, administrative messages, or newsletters, and that these communications are considered part of FreeGreen membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FreeGreen properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that FreeGreen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user files. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
DESCRIPTION OF SERVICE – DETAILS LIBRARY (INDIVIDUALLY OR AS PART OF THE PROFESSIONAL MEMBERSHIP)
FreeGreen is providing you with our Details Library. The drawings, data and other information in this Details Library have been obtained from several sources including government agencies, trade associations, building science experts, suppliers of building materials, professional architects, designers and engineers. We have made every effort to make this Details Library accurate and authoritative but do not warrant, and assume no liability for, the accuracy or completeness of the text or drawings for any particular purpose. It is the responsibility of users to apply their own knowledge in the use of information contained in this detail library and to consult outside sources and professionals for additional information when appropriate.
PREMIUM AND PROFESSIONAL MEMBERSHIP FEES AND REFERRAL PAYMENTS
FreeGreen charges the user an annual fee for the purchase of either a Premium or Professional Membership (as listed on the website). This fee is non-refundable for any reason if and when you or FreeGreen chooses to terminate or downgrade your account you will be billed the monthly fee for the partial month in which the downgrade or termination occurred. Post this fee, billing will be ended. If you encounter any issues please contact FreeGreen at support@freegreen.com. FreeGreen reserves the right to change any of the Fees and Payments terms at any time. All changes to the FreeGreen Fees and Payments terms will only be applied at transactions and activities post the publishing of the Fees and Payments term changes on the FreeGreen website. FreeGreen will not retroactively apply any changes to the Fees and Payment terms. You may choose to cancel your Premium or Professional Membership at any time by click on the Dashboard or Account Link in the upper left hand corner of the FreeGreen Website (once a user if logged in), or by contacting FreeGreen at support@freegreen.com. FreeGreen offers purchasers of the Premium or Professional Membership the ability to refer this service to other people or users. If a user enters your e-mail address (that was given at your time of their Premium or Professional Membership Purchase in the Referral Code field then FreeGreen will pay the referring user a $25 Referral Payment for Premium Membership Signups and a $100 Referral Payment for Professional Membership Sign Ups. This payment will be delivered to you within 30 days of your referrals purchase of the Premium or Professional Membership. This payment will be delivered to you electronically via the PayPal system. It is your responsibility to claim this Referral Payment and once payment is sent to you via the Paypal system FreeGreen waives all responsibility with respect to your claim on this payment. You must use the Paypal system and abide by their rules and policies to claim your Referral Payment. FreeGreen will send you a Referral Payment each time someone you refer uses your e-mail address in the Referral Code field on our Premium or Professional Membership Payment forms. The number of Referral Payments made to you are unlimited. FreeGreen reserves the right to change any of the Fees and Payments terms at any time. All changes to the FreeGreen Fees and Payments terms will only be applied at transactions and activities post the publishing of the Fees and Payments term changes on the FreeGreen website. FreeGreen will not retroactively apply any changes to the Fees and Payment terms.
PFEES AND PAYMENTS – OPEN SOURCE PROGRAM
FreeGreen allows any Architect User Type who has a current (paid) and active Professional Membership to post a house plan to the FreeGreen Open Source site. When a FreeGreen user purchases a house plan from the FreeGreen website that is a transaction between that user and FreeGreen. The monies from that transaction will be held in a FreeGreen account until they are paid to the posting Architect or designer. On the 1st of each month FreeGreen will process the total amount of sales made by each Architect’s or designer’s plan sales. FreeGreen will then pay 80% (with FreeGreen keeping a 20% commission) of all revenues generated by the sales of each Architect’s or designer’s house plans to each Architect or designer. FreeGreen has 30 days from the date of payment processing (the 1st of each month) to pay each Architect or designer. Each Architect’s or designer’s monthly check will be sent to the physical address of each Architect or designer listed for that Architect or designer on the FreeGreen Open Source website at the time of payment processing. FreeGreen will make every effort to pay each Architect or designer on time but from time to time their may be processing or mailing issues. If you encounter any issues please contact FreeGreen at support@freegreen.com. Also verification reports of monthly sales transaction for any Architect or designer can be requested by the Architect or designer by sending this request to support@freegreen.com. These verification reports will contain all transactions involving the requesting Architect or designer for the month(s) requested. These verification reports will only be delivered upon request. FreeGreen will make a good faith effort to resolve any disputes as quickly as possible. FreeGreen cannot be held liable for any mailing, or incorrect address information.
FreeGreen reserves the right to change any of the Fees and Payments terms at any time. All changes to the FreeGreen Fees and Payments terms will only be applied at transactions and activities post the publishing of the Fees and Payments term changes on the FreeGreen website. FreeGreen will not retroactively apply any changes to the Fees and Payment terms.
REVIEW PROCESS – OPEN SOURCE
FreeGreen reserves the right to review your house plan post before approving your house plan for sale on the FreeGreen website. FreeGreen may deny (with no refund on the $50 posting fee) your house plan for any reason. Typically FreeGreen is reviewing your house plan post to assure that what you have stated is included in your house plan is actually included in your house plan post. Also FreeGreen HIGHLY RECOMMENDS that all house plan post have at least one Green Feature identified and explained. FreeGreen will review all house plan posts to assure that this Green Feature is identified and explained properly, and accurately represented in your house plan post.
HOUSE PLAN PRICING – OPEN SOURCE PROGRAM
All plans on the FreeGreen Open Source section are determined by the FreeGreen Open Source Architect or designer uploading that plan. These prices can change at any time. The price that you pay for a plan is the price that is listed on the FreeGreen Open Source Payment screen when you purchase the plan. The plan that you purchase can not be returned at any point in the future due to lower pricing in the future. The price that you pay for the plan is the final price and cannot be disputed for any reason.
RETURN POLICY
All sales of house plans, memberships, or any other product over the FreeGreen website are final, and no house plan sales will be refunded for any reason.
PRIVACY POLICY
Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy. Additionally, FreeGreen reserves the right to send you regular newsletter, and marketing offers to the e-mail address that you supply when purchasing the FreeGreen Details Library. You may unsubscribe to these newsletters or marketing offers via our third parry e-mail marketing provider, IContact.com.
COPYRIGHT INFORMATION
All plans downloaded through FreeGreen Inc. are protected by The United States Copyright Act. Reproduction of these plans, either in whole or in part, including any form of distribution, dissemination, preparation, of derivative works there from, for any reason without prior written permission, is strictly prohibited. The download of a set of home plans in no way transfers any copyright or other ownership interest to the user. It is illegal to create construction drawings from home designs found on the internet. It is a common misunderstanding that it is permissible to copy, adapt or change a floor plan or design found in any media. It is not. It is also illegal to copy a constructed home that is protected by copyright, even if you have never seen the plan for the home. If a particular home plan or existing home is desired, a set of plans must be downloaded from an authorized source. Downloaded plans come with a license to copy, as well as to make modifications to the plans, for the downloader’s own use. Once modified, the plans can be taken to a printer to make copies. This license does not include the right to sell or distribute copies to others. Even if you are licensed to make modifications to a copyrighted design, the modified design is not free from the original designer's copyright. This is considered derivative work. The sale or reuse of the modified design is prohibited. Also, be aware that any modification to the plan relieves FreeGreen Inc. from liability for design defects and voids all warranties expressed or implied.
WARRANTIES AND DISCLAIMERS – HOUSE PLANS
The information, plans and specifications contained in these documents are provided "as is" without warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FreeGreen Inc. assumes no responsibility for errors or omissions in these pages or other documents which are referenced by or linked to these web pages. FreeGreen makes no warranties or disclaimers about the products, manufacturers, services, or particular uses that are specified in plans available for download. FreeGreen provides these lists as suggestions and as a convenience service to customers. FreeGreen uses software simulation tools for evaluating energy use in buildings and homes. There are underlying assumptions which define the capabilities of the software and therefore impact the analysis of situations in which decisions are made regarding investments in energy conservation or building performance. The third party software programs in use were developed and tested using generally accepted engineering principles. FreeGreen accepts no responsibility for assumptions made by the program, in applying the program, or in the use of the resulting information. Furthermore, because energy savings ultimately depend on human behavior, the weather, and many other factors, FreeGreen does not guarantee the cost savings estimated in any reports. FreeGreen shall in no event be liable should actual energy savings vary from projected savings. FreeGreen makes no warranties or disclaimers about the LEED for Homes or NAHB Green Building Standard point calculations included with FreeGreen downloads. These point calculations have been made under many assumptions (including but not limited to builder behavior, product selection, chosen construction techniques, and decisions made while physically building a home) which may or may not be implemented by a given user of FreeGreen plans. All homes trying to obtain a LEED or NAHB Green Building Standards Certification must be verified and reviewed by an approved third party inspector. References to corporations, services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall FreeGreen Inc. be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibilities of damage, and on any theory of liability arising out of or in connection with the use or performance of the information. These documents could include technical or other inaccuracies or typographical errors. FreeGreen Inc. assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Regarding site use: FreeGreen, its affiliates, and its licensors, do not represent or warrant to you that: A. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, B. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND D. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
BUILDER'S RESPONSABILITY
It is the responsibility of the builder to assure that all work is in accordance with the latest edition of all applicable Nation, State, and Local Building Codes. It is the builder's responsibility to assure that all work is in accordance with the latest edition of all applicable Construction Standards. It is the responsibility of the builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Builder shall follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality. It is the responsibility of the builder to check all dimension and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimension and framing.
NOTE:
Due to regional variations, local availability of materials, local codes, methods of installation, and individual preferences, it is impossible to include detail on heating and plumbing work on your plans. The duct work, venting, and other details will vary depending on the type of heating and cooling system (forced air, hot water, electric, solar) and the type of energy (gas, oil, electricity, solar) that you use. These details and specifications are easily obtained from your builder, contractor, and/or local suppliers.
SPECIAL NOTES REGARDING HOME BUILDING CODE COMPLIANCE:
Attention CA, OR, WA, and NV residents: Our house plans do not meet Earthquake Seismic/Wind code requirements. Attention GA, SC, and NC Coastal residents: Plans may have to be engineered to meet local Hurricane/Wind codes. Attention AL, AZ, CO, CT, DE, FL, ID, LA, MD, MA, MN, NV, NH, NJ, NY, OH, PN, UT, and VA residents: Plans may have to be engineered to meet local building codes. Please call your local building department before placing order. Some cities and states now require that a licensed architect or engineer review and "seal" a blueprint, or officially approve it, prior to construction. Prior to application for a building permit or the start of actual construction, we strongly advise that you consult your local building official who can tell you if such a review is required. Additionally, stock plans do not have a professional stamp attached. If your building department requires one, they will only accept a stamp from a professional licensed in the state where you plan to build. In this case, you will need to take your house plans to a local engineer or architect for review and stamping. In addition, plans which are used to construct homes in Nevada are required to be drawn by a licensed Nevada architect. Some cities and states now require that a licensed architect or engineer review and "seal" a blueprint, or officially approve it, prior to construction. Prior to application for a building permit or the start of actual construction, we strongly advise that you consult your local building official who can tell you if such a review is required.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, 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 and your company as prompted by the Service's upload and/or registration forms ("Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or FreeGreen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FreeGreen may suspend or terminate your account, remove your uploaded content, and refuse any and all current or future use of the Services (or any portion thereof).
MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FreeGreen, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You are also solely responsible for all Content that you request FreeGreen to upload from your website or server, whether manually, automatically, or through other technological means. FreeGreen maintains the right but not the obligation to review, edit and remove Content from FreeGreen in our sole discretion, including without limitation Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. FreeGreen does not control the Content posted via the Service and, as such, does not guarantee the accuracy, ownership, content, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FreeGreen 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. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FreeGreen or submitted to FreeGreen, including without limitation information in all parts of the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data mining", "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without prior express written consent of Company; obtain or attempt to obtain through any means any materials or information on the Service that has not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Site; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means; upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service; violate any measure employed to limit or prevent access to the Site or its content; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through q above; You agree that you will NOT post, place, upload or transmit any of the following material or obtain any such material using the Service: (a) Content involving nudity, including nudity or partial nudity of children of any age; (b) Content that exploits children or minors or that discloses any personally identifying information about persons under the age of 18; (c) content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment; (d) Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity; (e) Content promoting or providing instructional information about illegal activities; (f) Content depicting cruelty to animals; (g) Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable; (h) Any material sent from an anonymous or false address; (i) Any other material that could give rise to any civil or criminal liability under applicable law. You acknowledge, consent and agree that FreeGreen 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 the TOS; (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 FreeGreen, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FreeGreen and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing 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.
TERMS OF USE AND LICENSE
Construction details in this Details Library come with a license to copy, as well as to make modifications to the details for the downloader’s own use. Once modified, the construction details can be taken to a printer to make copies. This license does not include the right to sell or distribute copies to others. Even if you are licensed to make modifications to a copyrighted construction detail, the modified construction detail is not free from the original designer's copyright. This is considered derivative work. The sale or reuse of the modified design is prohibited and will be prosecuted to the full extent of the law.
INDEMNITY
You agree to indemnify and hold FreeGreen and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Serivce, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
FreeGreen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FreeGreen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. While the Service is currently free to all users during the alpha and beta testing stages, the Company reserves the right, at its sole discretion, to charge user fees for site access and features. The Company is not responsible for the loss of stored information on site if user elects to decline fee services at the time they are offered. Additionally, the Company is not responsible for loss of money, time, or resources that might be associated with such loss of stored information on the Service.
GENERAL PRACTICES REGUARDING USE AND STORAGE
You acknowledge that FreeGreen may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of links that may be sent from or received by an account on the Service, the maximum size of any file that may be uploaded by an account on the Service, the maximum disk space that will be allotted on FreeGreen servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FreeGreen has no responsibility or liability for the deletion or failure to store any files or other Content maintained or transmitted by the Service. You acknowledge that FreeGreen reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FreeGreen reserves the right to modify these general practices and limits from time to time.
TERMINATION
You agree that FreeGreen may, under certain circumstances and without prior notice, immediately terminate your FreeGreen account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your FreeGreen account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FreeGreen’s sole discretion and that FreeGreen shall not be liable to you or any third party for any termination of your account or access to the Service. If you account is terminated for cause, FreeGreen withholds the right to immediately stop all payments to any Architect or designer who account is terminated. FreeGreen also reserves the right to deny any refunds requested due to account termination.
TERMINATION
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that FreeGreen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FreeGreen has no control over such sites and resources, you acknowledge and agree that FreeGreen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FreeGreen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FreeGreen or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. FreeGreen grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FreeGreen for use in accessing the Service.
GRANT OF LICENSE
By posting Content to FreeGreen you grant FreeGreen, its affiliates and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, publicly display, transfer, transmit, distribute, publish, and sell that Content for the purposes of displaying and selling that Content on FreeGreen. In addition, when you post Content to FreeGreen, you also grant us a license to distribute that Content, either electronically or via other media, to users seeking to download , view, or purchases it through the Service or for purposes of other services provided by FreeGreen. This license shall apply to the distribution, storage, and sale of your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on FreeGreen at any time. When you do remove your Content, the license described above will automatically expire.
DISCLAMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEGREEN 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. FREEGREEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESIGNER PAGES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEGREEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREEGREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTICE
FreeGreen may provide you with notices, including those regarding changes to the Term of Service, by email, regular mail or postings on the Service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRIGENMENT
FreeGreen respects the intellectual property of others, and we ask our users to do the same. FreeGreen may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FreeGreen’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. FreeGreen’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: FreeGreen Claims Agent 348 Medford St. Charlestown, MA 02129 By fax: 866-201-3856 By email: support@freegreen.com In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
GENERAL INFORMATION
Entire Agreement. The Terms of Service constitutes the entire agreement between you and FreeGreen and governs your use of the Service, superseding any prior agreements between you and FreeGreen with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FreeGreen services, affiliate services, third-party content or third-party software. Choice of Law and Forum. This Terms of Service and the relationship between you and FreeGreen shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and FreeGreen agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts Waiver and Severability of Terms. The failure of FreeGreen to exercise or enforce any right or provision of the Term of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your FreeGreen account is non-transferable and any rights to contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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 Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
TRADEMARKS
FreeGreen and the FreeGreen Company logo are trademarks and service marks of FreeGreen Inc. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.
