Terms of Use

 

Last Updated: November 25, 2014

(1) Introduction

 

These Terms and Conditions (also referred to as “Terms of Use” or “TOU”) constitute a legal agreement between Customer (“Customer”, “Your” and “You”) on the one hand, and the Green Energy Portal – Marketplace websites http://bulgaria.green-energy-list.com and http://russia.green-energy-list.com (hereinafter jointly referred to in this Agreement as “GEP-MP”, “We”, “Us”, and “Our”) and the Green Energy Portal websites http://green-energy-portals.com, http://bulgaria.green-energy-portals.comhttp://california.green-energy-portals.com, http://mexico.green-energy-portals.com, http://russia.green-energy-portals.com, http://ukraine.green-energy-portals.com, or (hereinafter jointly referred to in this Agreement as “GEP”, “GEPs”, “We”, “Us”, and “Our”) on the other, and governs Customer’s use of the GEP-MP and GEPs websites. By accessing or using the GEP-MP and GEPs websites, You agree to be bound by these Terms of Use and accept these Terms of Use in full.  If You do not agree to these TOU, or any part hereof, You are prohibited from using the GEP-MP and GEPs websites. You are required to comply with all federal, state and local laws, regulations, statutes and ordinances applicable to Your activities on the GEP-MP and GEPs websites.

 

The GEP-MP and GEPs websites are not parties to the sale or purchase of goods or services advertised on this website, and accordingly, the GEP-MP and GEPs websites and owners and operators of the GEP-MP and GEPs websites shall not be liable to any person in relation to any such sale or purchase.

 

The GEP-MP and GEPs websites are offered to You on the condition that You accept these Terms of Use without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Use, and other terms and guidelines found throughout the GEP-MP and GEPs websites and abide by them if You choose to use the websites to which such terms apply.

 

(2) Use of Website

 

The TOU grant to Customer a non-exclusive, limited, fully revocable, license to use the GEP-MP and GEPs websites, in whole or in part, solely in compliance with these TOU.

 

The GEP-MP and GEPs websites are intended for users 18 years of age and older, and access or use by anyone younger than 18 years is strictly prohibited.

 

(3) Classified Advertisements on GEP Market Place Website

 

The GEP-MP website welcomes the submission of banners and classified advertisements to Green Energy Portal – Marketplace website. Customer will also have an opportunity to make changes to Customer’s classified advertising during Your term of use, if Your changes do not lead to a change of the category originally selected by You.

 

Banners and classified advertisements submitted to the GEP-MP website must constitute bona fide advertisements relating to the green energy field that are true, fair and accurate in all respects. Customer’s failure to list classified advertisements in the appropriate category will result in removal of such advertisements by the GEP-MP.

 

Banners and classified advertisements submitted to the GEP-MP website shall not constitute an advertisement for any product or service that:

 

(a) breaches any national, state or local  law, statute, regulation or code, or infringes any third party intellectual property right or other right, or gives rise to a cause of action against any person in any jurisdiction;

(b) contains, relates to, or in any way refers to, any of the following: (1) drugs, narcotics, steroids or controlled substances; (2) defamatory, threatening or hateful language; (3) another party's personal, confidential or proprietary information; (4) false or fraudulent content; (5) pornography; (6) obscene, indecent or sexually explicit materials; (7) knives, swords, firearms or other weapons (8) ammunition for any weapons; (9) items that encourage or facilitate criminal acts or civil wrongs; (10) items that encourage or facilitate any illegal goods or services; (11) items that encourage or facilitate the infringement of any intellectual property right; (12) malicious content (including, without limitation, malware or spyware); (13) offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Green Energy Portal – Marketplace would violate these TOU; and (14) content that offers, promotes, advertises or provides links to unsolicited products or services.

 

The GEP-MP website does not control, is not responsible for and makes no representations or warranties with respect to any user content. Customer is solely responsible for  access to, use of and/or reliance on any user content. Customer must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

 

Customer is also responsible for any content that Customer posts or transmits and, if Customer creates an account, Customer is responsible for all content posted or transmitted through or by use of Your account.

 

If Customer makes a submission, Customer will be asked to choose a user ID and password. Customer must ensure that Customer’s user ID and password are kept confidential. Customer must notify the GEP-MP in writing by sending an email message immediately if You become aware of any unauthorised use of Your account or password. Customer is responsible for any activity on the GEP-MP website arising out of any failure to keep Your password confidential, and Customer may be held liable for any losses arising out of such a failure. Customer is prohibited from using any other person's user ID and password to access the GEP-MP website unless Customer has that person's express permission to do so. The GEP-MP has the absolute right to disable Customer’s user ID and password in the GEP-MP website in Our sole discretion, without notice or explanation.

 

If the GEP-MP website accepts Your banners or/and classified advertisement, then Your banners and/or classified advertisements shall  remain published on the GEP-MP website for a period of one month to one year, pursuant to Your selection, and subject to termination or deletion in accordance with these TOU.

 

Customer automatically grants and assigns to the GEP-MP, and Customer represents and warrants that Customer has the right to grant and assign to Green Energy, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that Customer posts on the GEP-MP website. Customer also expressly grants and assigns to the GEP-MP and its owners all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that Customer posts on the GEP-MP website (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

 

You further acknowledge that:

 

(a) GEP-MP does not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;

(b) GEP-MP does not check, audit or monitor the information contained in classified advertisements;

(c) GEP-MP is not party to the sale or purchase of goods or services advertised on the website;

(d) GEP-MP is not involved in any transaction between GEP-MP advertisers and buyers in any way; and

(e) GEP-MP is not the agent for any advertisers or buyers;

 

and accordingly the GEP-MP, its representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on the GEP-MP website. Furthermore, the GEP-MP, its owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services associated with the use of the GEP-MP website. Further, the GEP-MP will have no obligation to mediate between any parties either buying or selling products or services posted on the GEP-MP website to any such contract.

 

The GEP-MP website may charge a fee to post content or for other features, products, services or licenses. Customer is responsible to the GEP-MP for any fees applicable to content that Customer posts or other features, products, services or licenses that Customer purchases or that are purchased through Customer’s account. Customer authorizes the GEP-MP, or its designated payment processor, to charge Customer’s specified credit card, debit card or other payment method for such fees.

 

Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by the GEP-MP. Payments and purchases may not be cancelled by Customer except as required by law. The GEP-MP reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. Customer understands and agrees that if Customer authorizes a payment transaction with Customer’s credit card, debit card or other payment method, but Customer’s charge is rejected for any reason, there may be a “Hold” on Customer’s use of that transaction amount for several days.

 

The GEP-MP website may charge a fee to post content or for other features, products, services or licenses. Customer is responsible to the GEP-MP for any fees applicable to content that Customer posts or other features, products, services or licenses that Customer purchases or that are purchased through Customer’s account. Customer authorizes the GEP-MP, or its designated payment processor, to charge Customer’s specified credit card, debit card or other payment method for such fees.

 

Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by the GEP-MP. Payments and purchases may not be cancelled by Customer except as required by law. The GEP-MP reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. Customer understands and agrees that if Customer authorizes a payment transaction with Customer’s credit card, debit card or other payment method, but Customer’s charge is rejected for any reason, there may be a “Hold” on Customer’s use of that transaction amount for several days.

 

(4) Forums, Blogs and Other User-Submitted Messages

 

The GEPs websites welcome the submission of so-called threads or topics, posts and comments to GEPs websites aimed at encouraging professional public discussions among GEPs’ users.

 

Threads, topics, posts and comments submitted to the GEPs websites shall not contain a message that:

 

(a) breaches any national, state or local law, statute, regulation or code, or infringes any third party intellectual property right or other right, or gives rise to a cause of action against any person in any jurisdiction;

(b) contains, promotes, relates to, or in any way refers to, any of the following: (1) drugs, narcotics, steroids or controlled substances; (2) defamatory, threatening or hateful language; (3) another party's personal, confidential or proprietary information; (4) false or fraudulent content; (5) pornography; (6) obscene, indecent or sexually explicit materials; (7) any weapons (8) ammunition for any weapons; (9) items that encourage or facilitate criminal acts or civil wrongs; (10) items that encourage or facilitate any illegal goods or services; (11) items that encourage or facilitate the infringement of any intellectual property right; (12) malicious content (including, without limitation, malware or spyware); (13) offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to GEPs would violate these TOU; and (14) content that offers, promotes, advertises or provides links to any products or services.

.

The GEPs reserve the right to remove your thread, post or comment at any time, for any reason, and suspend or disable your user account.

 

Any abuse towards GEPs’ staff and/or management in any form may result in immediate suspension and/or disability of your account.

 

Any posts that encourage illegal intent or are determined by moderators to be detrimental to the community will be removed and the user account will be suspended or disabled.

 

The GEPs websites do not control, are not responsible for and make no representations or warranties with respect to any user content. Customer is solely responsible for access to, use of and/or reliance on any user content. Customer must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

 

Customer is also responsible for any content that Customer posts or transmits and, if Customer creates an account, Customer is responsible for all content posted or transmitted through or by use of Your account.

 

If Customer makes a submission, Customer will be asked to choose a user ID and password. Customer must ensure that Customer’s user ID and password are kept confidential. Customer must notify the GEP-MP in writing  by sending an email message immediately if You become aware of any unauthorised use of Your account or password. Customer is responsible for any activity on the GEPs websites arising out of any failure to keep Your password confidential, and Customer may be held liable for any losses arising out of such a failure. Customer is prohibited from using any other person's user ID and password to access the GEPs websites unless Customer has that person's express permission to do so. The GEPs have the absolute right to disable Customer’s user ID and password in the GEPs websites in Our sole discretion, without notice or explanation.

 

Customer automatically grants and assigns to the GEPs websites, and Customer represents and warrants that Customer has the right to grant and assign to Green Energy, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that Customer posts on the GEPs websites. Customer also expressly grants and assigns to the GEPs and their owners all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that Customer posts on the GEPs websites (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

 

(5) Accounts

 

Customer must create an account personally and manually and may not create an account by any automated means. Customer must create any account using the user’s own valid email account. Customer’s right to create and maintain an Account with the GEP-MP and GEPs is within the sole discretion of the GEP-MP and GEPs. The GEP-MP and GEPs may terminate Customer’s Account at any time, for any reason whatsoever.

 

Customer must not permit, enable, induce or encourage others to create accounts on behalf of other users. The purchase and sale of accounts, is prohibited. The creation of an account using an email address that is not the user's own is prohibited.

 

Customer must only use Customer’s own account. Customer may maintain and use no more than one account, to post content.

 

(6) Limited Warranties and Acknowledgments

 

By using any service offered on the GEP-MP and GEPs websites, You make the following representations and warranties. The GEP-MP and GEPs shall have the right to terminate your access to such websites, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

 

You represent and warrant that:

 

(a) You have the legal capacity and authority to: (i) be bound by these Terms of Use; and, (ii) if You are acting in a corporate capacity, to bind Your company;

(b) You will not use the GEP-MP and other GEPs websites for any purpose that is unlawful, or prohibited by these Terms of Use;

(c) All information supplied by You or by others using Your account is true and accurate;

(d) Any products or services advertised on the GEP-MP in connection with Your account is legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;

(e) You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your account, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your account on the GEP-MP and GEPs; and,

(f) By using the GEP-MP and GEPs websites, You agree that You will defend and indemnify the GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers from any third party claim related to a breach of any of the foregoing warranties.

 

(7) Changes to Service: Termination

 

We may terminate Your access to, or accounts with, the GEP-MP and GEPs websites, and Your access to any GEP-MP and GEPs services (in whole or in part) at any time, upon sending an email notice to you, if: i) You have violated these Terms of Use; ii) You made any material representation or warranty to Our websites, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers, that is untrue or false in any respect; iii) the GEP-MP and GEPs websites, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers receive a court order or other legal action relating to You, Your account, or Your access to any services offered by the GEP-MP and GEPs; or, iv) Your use of the GEP-MP and GEPs websites, refers to, or otherwise promotes what the GEP-MP and GEPs find not to be in good taste, in Our sole discretion.

 

(8) Disclaimers

 

The information contained on the GEP-MP and GEPs websites is for general information purposes only. While GEP-MP endeavors to keep the information up to date and correct, GEP-MP and GEPs websites make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the GEP-MP and GEPs websites or the information, products, services, or related graphics contained on the GEP-MP and GEPs websites for any purpose. Any reliance Customer places on such information is therefore strictly at Customer’s own risk.

 

The information included in or available through the GEP-MP and GEPs websites may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Your access to and use of the GEP-MP and GEPs websites is at Your own risk.

 

In no event will the GEP-MP and GEPs websites,their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the GEP-MP and GEPs website.

 

Through the GEP-MP and GEPs websites, You are able to link to other websites which are not under the GEP-MP’s and GEPs’ control. The GEP-MP and GEPs have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

 

Every effort is made to keep the websites up and running smoothly. However, the GEP-MP and GEPs websites take no responsibility for, and will not be liable for the website being temporarily unavailable due to technical issues beyond Our control.

 

(9) Limitations and Exclusions of Liability

 

The GEP-MP and GEPs websites, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers shall under no circumstances be liable for any access to, use of or reliance on the GEP-MP and GEPs websites or content accessed through the GEP-MP and GEPs websites by You or anyone else, or for any transactions, communications, interactions, disputes or relations between GEP-MP and GEPs, You and any other person or organization arising out of or related to  the GEP-MP GEPs websites or content accessed  through the GEP-MP and GEPs websites. This limitation of liability includes limits on liability for injunctive relief for any harm, injury, loss or damage of any kind incurred by you or anyone else (including, without limitation, direct, indirect, incidental, special, consequential, statutory, exemplary, or punitive damage, even if the GEP-MP and GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers have been advised of the possibility of damages).

 

This limitation or liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from:

 

(a) authorized or unauthorized access to or use of the GEP-MP and GEPs websites or content accessed through the GEPs websites,

(b) any inability to access or use the GEP-MP and GEPs websites or content accessed through the GEP-MP and GEPs websites, or

(c) any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of the GEP-MP and GEPs websites or content accessed through the GEP-MP and GEPs websites.

 

This limitations shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications, or relations through, related to or as a result of the GEPs websites or content accessed through the GEP-MP and GEPs websites (including, without limitation, any links on the GEPs websites and links in content accessed through the GEP-MP and GEPs websites).

 

You hereby release the GEP-MP and GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the GEP-MP and GEPs or the GEP-MP and GEPs websites, or content accessed through the GEP-MP and GEPs websites, or any interactions with others arising out of or related to the GEP-MP and GEPs websites.

 

(10) Damages

 

Customer acknowledges and agrees that any violation or breach of the TOU may cause GEP-MP and GEPs immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, GEP-MP and GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers have the right to, and may in their discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to the GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers  at law or in equity, the GEP-MP and GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

 

In addition to any injunctive relief, Customer agrees to pay to the GEP-MP and GEPs the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which Customer bears responsibility; except Customer acknowledges that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, Customer agrees to pay liquidated damages to the GEP-MP and GEPs. Furthermore Customer agrees that the amounts of liquidated damages described therein are reasonable estimates of GEP-MP’s and GEPs’ damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

 

(11) Indemnification

 

Customer hereby agrees to indemnify and hold the GEP-MP and GEPs and the GEP-MP and GEPs websites, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:

 

(a) content that Customer posts or transmits (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive);

(b) activity that occurs through or by use of Customer’s account (including, without limitation, all content posted or transmitted);

(c) Customer’s use of or reliance on any user content; and

(d) Customer’s violation of the TOU.

 

This indemnification obligation includes payment of any attorneys' fees and costs incurred by GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers.

 

(12) Entire Agreement; Dispute Resolution; Law and Jurisdiction

 

These TOU constitute the entire agreement between the GEP-MP and GEPs and Customer and supersedes any prior written or oral agreement. Other than the GEP-MP and GEPs websites, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

 

Customer and the GEP-MP and GEPs agree that any claims, causes of action or disputes arising out of or related to these Terms of Use or the relationship between Customer and the GEP-MP and GEPs, their owners, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assignees, heirs, service providers and suppliers shall be brought exclusively in courts located within the State of Maryland in the United States of America, and Customer and the GEP-MP and GEPs irrevocably consent to the exclusive jurisdiction and venue of such Maryland courts. Any and all claims, causes of action or disputes (regardless of theory) between the GEP-MP and GEPs and Customer arising out of or related to the TOU, the GEP-MP and GEPs websites, or content accessed through the GEP-MP and GEPs websites shall be governed by the laws of the State of Maryland, the United States of America, without regard to conflict or choice of law principles. Customer and the GEP-MP and GEPs agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the State of Maryland in the United States of America, and Customer and the GEP-MP and GEPs agree to submit to the personal and exclusive jurisdiction of such Maryland courts. Customer further agrees that, regardless of any statute or law to the contrary, Customer must file any such claim or cause of action within 365 days after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

 

The prevailing party in any such litigation between the parties shall be entitled to reimbursement of its attorney’s fees, costs and expenses.

 

(13) Customer Data

 

The GEP-MP and GEPs will not use Your customer data for any purposes other than those intended in these Terms of Use. The GEP-MP and GEPs will hold all Customer data in trust and confidence and will refrain from using the information for its own use or commercial purpose and from directly or indirectly disclosing or making available any Customer data to any person, firm, company, entity or third party for any use, without your express written permission.

 

The GEP-MP and GEPs reserve the right to modify and amend these terms at any time without notice.