FREEGREEN INC. TERMS OF SERVICE AGREEMENT – THE CHAIN OF ECO-HOMES COMPETITION

Thank you for visiting our site. In this Terms and Conditions of Use, "we" or "us" or "FreeGreen", “The Chain of Eco-Homes Competition”, or "Greensburg Greentown" refers equally and to both FreeGreen, Inc and Greensburg Greentwon. 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 of Chain of Eco-Homes Competition website or the services provided on these or other Web sites as set forth below (collectively, the “Services” or Terms of Services ("TOS")), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by FreeGreen or Greensburg Greentownfrom 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 AND CONTEST TERMS

The Chain of Eco-Homes Competition Website is a service which allows to register for the Official Chain of Eco-Homes Competition. You understand and agree that all of the terms, conditions, and rules associated with the Chain of Eco-Homes Competion are located on this website. By purchasing a registration for the Chain of Eco-Homes Competion you are agreeing that you fully understand and agree with all of the terms, conditions, and rules for this contest. There will be no exceptions to this policy. You also understand that you will need to accept seperate Terms and Conditions before submitting your entry to the Chain of Eco-Homes Competition. This seperate Terms and Conditions will be delivered to you a part of the submission process and you will need to agree to them before you contest submission is accepted. 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 augments or enhances the current Service, including the release of new FreeGreen properties, shall be subject to this 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.

FEES AND PAYMENTS

FreeGreen charges each Chain of Eco-Home Entry a Contest Entry Fee (as listed on the website) This fee is non-refundable for any reason. 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.

PRIVACY POLICY

All Account and (non-financial or credit card) Registration information can and will be used for the following purposes:
1) The Chain of Eco-Homes Competition Communications
2) FreeGreen Newsletters and Communications via their regular FreeGreen Newsletter and other news and marketing related communications.
3) Communications via Greensburg Greentown via their regular Newsletter and other news and marketing related communications.

If you feel your contact information is being abused please report this immediately to support@freegreen.com.

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).

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.

TERMINATION

You agree that FreeGreen may, under certain circumstances and without prior notice, immediately terminate your Chain of Eco-Homes Competition 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.

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.

DISCLAMER OF WARRANTIES

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.

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. The TOS 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.