Terms and Conditions of Use (last updated: April 20, 2012)
This website (the “Website”) is maintained by True Green Capital Management LLC (“True Green” or “us” or “we”). You can e-mail us at email@example.com. Please read these Terms and Conditions of Use carefully. A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by contacting us to request a copy of the Terms and Conditions of Use by mail.
No Offer of Securities – Disclosure of Interests
Under no circumstances should any material at this Website be used or considered as an offer to sell or a solicitation of any offer to buy the securities or any other instruments of True Green or any other issuer. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information contained on this Website, we suggest that you contact True Green team.
Your Right to Use this Website and Its Contents
This Website is only for your personal use. The information and materials provided on this Website are solely for your use to assist you in evaluating the products and services offered by True Green and in the support and use of such products. Other uses are not permitted unless you receive True Green’s prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, True Green grants you a non-exclusive, non-transferable, limited right to enter, display and use this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way. This Website is operated by, or on behalf of, True Green. Not all products and services (if any) listed on this Website are available in all jurisdictions. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited.
Further, you are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the services referred to on the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. True Green will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations
Intellectual Property Rights
The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of True Green or its suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. True Green does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of True Green or the copyright owner.
TRUE GREEN CAPITAL®, TGC® and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by True Green, and all related products and service names, design marks and slogans are the service marks or trademarks of True Green or its licensors, or of the suppliers of the products or services identified. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, hateful, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. True Green will fully cooperate with any law enforcement authorities or court order requesting or directing True Green to disclose the identity of anyone posting such materials.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to True Green does not cause True Green to have any special responsibility to you.
Use and Protection of User Name and Password
If you establish, or are issued, a user name and password for the purpose of using the Website or gaining access to restricted areas of the Website, if any, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to have access to any restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. True Green is entitled to rely on your compliance with the foregoing, and to assume that any person accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.
True Green’s Right to Change These Terms and Conditions of Use or Content on this Website
True Green may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. You are responsible for determining if there have been any changes to these Terms and Conditions since your last use of the Website and may refer to the “last changed” date shown above for that purpose. True Green may add, change, discontinue, remove or suspend any other Content posted on this Website, at any time, without notice and without liability.
Disclaimer of Warranties and Damages; Limitation of Liability
TRUE GREEN IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATED TO THE USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUE GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN TRUE GREEN’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, TRUE GREEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE WEBSITE, AND ANY WARRANTY THAT THE WEBSITE WILL OPERATE ERROR-FREE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO TRUE GREEN’S NEGLIGENCE, SHALL TRUE GREEN BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEBSITE, EVEN IF TRUE GREEN OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRUE GREEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
You agree to indemnify, defend and hold harmless True Green and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the Website and/or (ii) any violation of these Terms and Conditions of Use. You agree that your obligation to indemnify shall survive beyond any term that these Terms and Conditions of Use are in effect.
Any dispute arising out of or relating in any way to your visits to the Website or to services you obtain through the Website shall be submitted to confidential arbitration before a single arbitrator in the City, County and State of New York, except that, to the extent you have in any manner violated or threatened to violate True Green’s intellectual property rights, True Green may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction in the City, County and State of New York and you consent to jurisdiction over you by and exclusive venue in such a court. Arbitration under this agreement shall be administered by JAMS under the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitrator’s award shall be given preclusive or collateral estoppel effect in subsequent arbitration proceedings pursuant to this provision or other similar provisions. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The parties further agree that neither shall commence any litigation against the other arising out of this Agreement or the termination thereof as to any matter not subject to arbitration or with respect to any arbitration proceeding or award, except in a state or federal court of competent jurisdiction located in the County and State of New York. You consent to jurisdiction over you by and exclusive venue in such a court.
These Terms and Conditions of Use and any additional terms posted on this Website together constitute the entire agreement between True Green and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflict of laws rules.