Last Updated: JANUARY 8, 2012
1. ACCEPTANCE OF TERMS
BOLD GREEN, LLC, its affiliates, subsidiaries, and partners (collectively, “BOLD
GREEN,” “we,” “us,” and “our”) provide our service to you, including information
about our services and publications (collectively, “Properties”) subject to the following
Terms of Service (“Terms”). The Terms cover all information, data, and services
available at http://www.boldgreenllc.com (collectively, the “Website,” hereinafter
referred to as “Site”). We may update these Terms by posting a new version at http:/
/www.boldgreenllc.com and your continued use of the service after any such update
constitutes your binding acceptance of such changes. Unless explicitly stated otherwise,
any new features that augment or enhance the current Site shall be subject to these Terms.
2. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with products and
services you request, such as books, audio and video materials, reservations or other
information. By providing information on our Site, such as in conjunction with a request
for products or services, you agree to provide accurate, current and complete information
about yourself as prompted (such information being the “User Data”) and maintain
and promptly update your User Data to keep it accurate, current and complete. If you
provide any information that is inaccurate, not current or incomplete, or BOLD GREEN
has reasonable grounds to suspect that such information is inaccurate, not current or
incomplete, BOLD GREEN may deny you access to areas of the Site or any products or
services offered by BOLD GREEN, at its sole discretion.
When you provide us with User Data, you may receive certain commercial
communications from BOLD GREEN related to content found on the Site. You
may opt out of receiving these communications at any time by sending an email to
Your User Data, as well as information that you may provide at other times during your
4. ACCOUNT PASSWORD AND SECURITY
The Site may contain features that require registration (“Restricted Areas”). You are
not required to register to use the Site, but may not be able to access some content
without registration. At the time of registration for online account access, you will
select a Username and Password to be used in conjunction with your account. You
are responsible for maintaining the confidentiality of your Password, and are fully
responsible for all uses of your Password, whether by you or others. You agree to (a)
keep your Password confidential and not share them with anyone else; (b) immediately
notify BOLD GREEN of any unauthorized use of your Password or account or any other
breach of security; and (c) use only your Password to access the Site’s Restricted Areas.
BOLD GREEN cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
You acknowledge and agree that BOLD GREEN is authorized to act on instructions
received through use of your Password, and that BOLD GREEN may, but is not obligated
to, deny access or block any transaction made through use of your Password without
prior notice if we believe your Password is being used by someone other than you, or for
any other reason.
You acknowledge, consent and agree that BOLD GREEN 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: (i) to
comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any
content violates the rights of third parties; (iv) to respond to your requests for customer
service; or (v) to protect the rights, property, or personal safety of BOLD GREEN, its
users and the public.
5. NON-COMMERCIAL USE
By using the Site, you acknowledge and agree that the Site is for personal use only. You
may copy information from the Site for personal use, such as to view, print, or email the
information, but you warrant that you will not, under any other conditions, reproduce,
duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse
engineer any portion of the Site.
6. MODIFICATIONS TO SERVICE
BOLD GREEN reserves the right at any time to modify or discontinue, temporarily or
permanently, the Site (or any part thereof), with or without notice. You agree that BOLD
GREEN shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
You agree that BOLD GREEN may, in its sole and absolute discretion and without notice
or liability to you or any third party, immediately terminate your access to the Site or
the Restricted Areas. Grounds for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms or other agreements or guidelines, (b) requests
by law enforcement or government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification of the Site (or any part thereof),
(e) unexpected technical or security issues or problems, and (f) extended periods of
inactivity. Termination of your account(s) may include (x) removal of access to all
offerings within the Site’s Restricted Areas, (y) at BOLD GREEN ‘s sole discretion, the
deletion of all of your Site account information and other content associated with your
Site account (or any part thereof), and (z) barring further use of the Site Restricted Areas.
8. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers and other third parties found on or through the Site, including payment for
and delivery of related goods and services, and any other Terms, conditions, warranties
or representations associated with such dealings, are solely between you and such third
party. You agree that BOLD GREEN 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 Site.
The Site may provide links to other World Wide Web sites or resources. Because BOLD
GREEN has no control over such sites and resources, you acknowledge and agree that
BOLD GREEN 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 BOLD GREEN 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.
You agree to indemnify, defend, and hold BOLD GREEN and its subsidiaries, affiliates,
officers, employees, agents, co-branders and other partners, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to or arising
out of your use of the Site, any transaction resulting from use of the Site, your connection
to the Site, your violation of these Terms, your submission, posting, or transmission of
personally identifiable information or other data to the Site, and/or your violation of any
rights of another.
11. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Site are owned by BOLD
GREEN or its licensors. You acknowledge and agree that the Site contains proprietary
and confidential information that is protected by applicable intellectual property and
other laws. Except as expressly authorized by BOLD GREEN, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or
in part, or based upon any materials found on the Site.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOLD GREEN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
AND NON-INFRINGEMENT. BOLD GREEN DOES NOT WARRANT THE
ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION
RELATING TO PRICES OR AVAILABILITY. BOLD GREEN ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZED
SETTINGS OR USER MATERIALS
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE IS DOWNLOADED AND USED AT YOUR SOLE 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 OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BOLD GREEN OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT BOLD GREEN SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF BOLD GREEN HAD BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SITE; (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 SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE BOLD GREEN SITE; OR (v) ANY OTHER MATTER RELATING
TO THE SITE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. TRADEMARK INFORMATION
Attached at the link to BOLD GREEN TRADEMARKS are trademarks and service
marks belonging to BOLD GREEN (the “BOLD GREEN Marks”). You agree that you
will not use or display the BOLD GREEN Marks in any manner, without the prior written
permission of BOLD GREEN.
16. CHOICE OF LAW
The Terms and the relationship between you and BOLD GREEN shall be governed by
the laws of the State of Illinois, without regard to its conflict of law provisions.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no
third party beneficiaries to these Terms.
18. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the entire agreement between you and BOLD
GREEN with respect to the Site and supersedes any prior agreements, oral or written,
between you and BOLD GREEN.
Waiver and Severability of Terms. The failure of BOLD GREEN to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms 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
remain in full force and effect.
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 the use of the Site or the Terms must
be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the Terms are for convenience only and have no legal
or contractual effect.