Terms and Conditions
Thank you for visiting Green Pear Homes, LLC website (the “Website”). We want your experience to be a positive one. All use of this Website is governed by these terms and conditions of use (“Terms of Use”). Please read these terms and conditions of carefully. These Terms of Use set forth legally binding terms and conditions. By accessing our Website, you accept and agree to be bound by these Terms of Use, whether or not you register as a member of Green Pear Homes, LLC or use any of the services provided on the Website.
Eligibility
By accessing and using the Website and its services, you represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Use; (b) any registration information that you submit to us is, and will be updated to remain, truthful, complete and accurate; and (c) your access to and use of the Website does not and shall not violate any applicable laws of your local jurisdiction.
Minors
We do not provide services or sell products to children. By accessing or using the Website, and/or registering for Green Pear Homes, LLC membership, you represent and warrant that you are at least eighteen (18) years of age.
Prohibited Activities
You may not use the Website in violation of the Terms of Service, in violation of any applicable laws or regulations, or to violate the rights of any person or entity. Without limiting the foregoing, you may not: impersonate another Website user; attempt to gain unauthorized access to any other user’s information or any other private areas of the Website; use the Website for advertising, promotional or other commercial purposes, except in those forums (if any) where such activities are expressly permitted; use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the Website; engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another’s privacy, or endangering of minors in any way; promote discrimination of any kind against any group or individual; or infringe the copyrights or other intellectual property rights of us or any third party.
Privacy Policy Is Part Of These Terms and Conditions
Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on "the website" privacy policy page.
Modifications and Terminations
These Terms of Use may change from time to time. If such changes are made, they will be effective immediately when posted to the Website, or otherwise made available to you. Your access to and use of the Website and/or membership after we have modified these Terms of Use shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes. If you disagree with the changes that have been made, you should not use our Website. We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our Website. Any questions or concerns should be brought to our attention by sending an e-mail info@greenpearhomes.com, and providing us with information relating to your concern.
Licensee Status
We hereby grant to you a personal, non-exclusive, non-transferable license to use the Website and, if applicable, membership on any computer that you own or control, solely for your own business purposes, and solely for the Website’s and membership’s intended purpose and in compliance will all applicable laws and regulations. You understand that we reserve the right to terminate your license to use our Website, access our Website, and/or terminate your membership at any time and for any reason, and/or take other action, with or without prior notice to you.
User Content
Other users or third parties may make services or goods available through the Website. You understand that we do not verify the qualifications of such users or third parties, nor do we evaluate or control in any ongoing manner exchanges between you and such third parties. We have no control over and assume no responsibility for the content posted by other users or members of the Website. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the Website, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of us. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.
Third Party Links
The Website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest and to related pages and forums on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third party Internet or mobile site, you do so at your own risk, subject to the applicable terms of use and privacy policy of the third party provider. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.
Proprietary Rights
We and/or or suppliers reserve all right, title and interest in and to the Website, including but not limited to all products, services, materials, information, and compilations of information available on or through the Website, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the Website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all related intellectual property and other proprietary rights. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the Website in accordance with these Terms of Use. You may not modify, reproduce, distribute, sell, or create derivative works based upon the Website, or post any content from the Website to newsgroups, blogs, mailing lists, social networking sites, or electronic bulletin boards.
Any requests to use our content should be submitted to us by e-mail at info@greenpearhomes.com.
Disclaimers
THE WEBSITE AND ALL INFORMATION ON AND SERVICE PROVIDED THROUGH OUR WEBSITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT ALL USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE FEATURES, FUNCTIONALITY, OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE AND EXPRESSLY DISCLAIM, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED OR THAT ANY FEATURES, FUNCTIONS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.
INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT TO BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Limitations On Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST PROFITS, DAMAGE TO OR LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS OF USE, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON, OR ANY FORCE MAJEURE EVENT, ACTS OF OMISSIONS OR OTHER USERS OR THIRD PARTIES, OR OTHER OCCURRENCE OUTSIDE OF OUR REASONABLE CONTROL. OUR AND/OR OUR SUPPLIERS TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE AND THESE TERMS OF USE SHALL NOT EXCEED THE ONE HUNDRED DOLLARS ($100). THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. CERTAIN STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR TYPES OF DAMAGES, AND SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
Obscene and Offensive Content
We are not responsible for any obscene, slanderous or offensive content that you receive or view from others while using our Website. However, if you do receive or view such content, please contact us by e-mail to info@greenpearhomes.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene, slanderous or offensive material posted to our Website.
Indemnification
You understand and agree that you will indemnify, defend and hold us, our directors, officers, employees, agents, affiliates and suppliers harmless from and against any and all claims, demands, actions, damages, liabilities liability, losses, fines, penalties, judgments, awards, settlements, costs and expenses, including reasonable attorneys’ fees and legal costs, arising out of or resulting in whole or in part from your use or misuse of our Website, your violation of these Terms of Use, or your actual or alleged violation of any applicable law or the rights of another person or entity.
Compliance With Governing Law and Dispute Resolution
You agree to obey all applicable laws while using our Website.
You agree that the laws of CT govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Hartford CT, United States. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Severability of These Terms of Use
If any part of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms of Use are fully enforceable and legally binding.
How To Contact Us
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to info@greenpearhomes.com, and providing us with information relating to your concern. You may also mail your concerns to us at the following address:
Green Pear Homes, LLC
222 Main Street #220
Farmington, CT 06032
United States
Entire Agreement
These Terms of Use, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our Website and the services and information provided thereon, and supersede all prior and contemporaneous negotiations, understanding and agreements, written or oral, with regard to the subject matter hereof.
Assignments
You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part, without our prior written consent. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.
Third Party Beneficiaries
Nothing contained in these Terms of Use, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms of Use. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Use shall extend to us, our directors, officers, employees, agents and affiliates. All references to us in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.
Amendment Waiver
Any amendment by you or waiver by us of these Terms of Use must be in writing and signed by a duly authorized representative of Company. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.
These Terms of Use was last updated on 1/8/19.
Copyright 2008-2009 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at Green Pear Homes, LLC. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, or phone number. You may, however, visit our site anonymously. We transfer information about you if Green Pear Homes is acquired by or merged with another company. In this event, Green Pear Homes will notify you before information about you is transferred and becomes subject to a different privacy policy.