Terms and Conditions

greeNEWit, LLC (“greeNEWit”) welcomes you to the website, www.greeNEWit.com (the “Website”).  Please read this User Agreement carefully, including the greeNEWit Online Privacy Statement.

PLEASE READ THE FOLLOWING CAREFULLY.  THIS IS A LEGALLY BINDING AGREEMENT (“USER AGREEMENT”) BETWEEN YOU—AS AN END USER (AS DEFINED BELOW) AND/OR MEMBER (AS DEFINED BELOW), AS APPLICABLE—AND greeNEWit, LLC, AND ITS AFFILIATES (COLLECTIVELY, “greeNEWit”).  THIS WEBSITE USER AGREEMENT TOGETHER WITH ALL AMENDMENTS, ADDENDA, AND LICENSES, AND COLLECTIVELY WITH ALL greeNEWit RULES AND POLICIES, INCLUDING THE greeNEWit PRIVACY POLICY CONSTITUTE THE USER AGREEMENT BETWEEN YOU AND greeNEWit.  BY ACCESSING OR USING THE greeNEWit WEBSITE OR greeNEWit SERVICE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE greeNEWit WEBSITE OR THE greeNEWit SERVICE.

From time to time we may revise this User Agreement including its Online Privacy Statement, so be sure to check these web pages occasionally.  If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement.  When you continue to use the greeNEWit Website after we post a change, it means you agree to the new rules.

Online Privacy Statement & Information: You Voluntarily Submit to the greeNEWit Site

Please review our Online Privacy Statement, which is part of this User Agreement and describes how we handle any personally identifying information about greeNEWit Website users, including information you voluntarily submit to the greeNEWit Website.  By providing such information, you hereby acknowledge and agree to greeNEWit’s treatment of such information as described in the Online Privacy Statement.

Information You Post to the greeNEWit Website

To the extent you voluntarily post material to the greeNEWit Website for display on the greeNEWit Website itself (e.g., postings and comments to blogs and forums), you automatically grant to greeNEWit, LLC an irrevocable, perpetual worldwide license for greeNEWit to display such material on the greeNEWit Website, except to the extent we have indicated otherwise on the portion of the greeNEWit Website that permits you to post such information (e.g., if a particular blog or forum on the greeNEWit Website posts any specific terms of use that applies to that particular blog or forum).  Additionally, unless otherwise explicitly agreed upon in writing by you and greeNEWit, by posting any material to the greeNEWit Website for display on the greeNEWit Website, you are representing, warranting and covenanting to greeNEWit that those materials are original to you or you have obtained permissions, releases, rights or licenses, if any are required, and that you assume full responsibility for the posting of such material.  By posting material for display on a portion of the greeNEWit Website that contains specific terms of use applicable to that portion of the greeNEWit Website, you agree you have read, understand, agree to and accept such specific terms of use.

Overview of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets, and End User and Members

greeNEWit is the provider of a services under the terms and conditions set forth in the Agreement (“Service” or “greeNEWit Service”).  Access to and use of the greeNEWit Service involves access to and use of the Web site located at www.greeNEWit.com (“greeNEWit Website”). The greeNEWit RSS Feed and greeNEWit Social Media Accounts are collectively referred to in the Agreement as the “greeNEWit Content Distribution Outlets.”  Unless indicated otherwise in the Agreement, reference to the “greeNEWit Website” includes the greeNEWit Blog and the greeNEWit Content Distribution Outlets.

Anyone who accesses or uses the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets is an “End User,” as used in the Agreement.  Each End User who registers as a member to use the greeNEWit Services is a “Member,” as used in the Agreement.

All End Users must be old enough to consent to and be legally bound by the Agreement in order to access and use the greeNEWit Service and greeNEWit Website.  For the avoidance of doubt, in accordance with the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), the greeNEWit Service and greeNEWit Website are not intended or designed to attract children under the age of fourteen (14).  Any access to or use of the greeNEWit Service or greeNEWit Website by anyone under the age of fourteen (14) is unauthorized, unlicensed, and in violation of the Agreement.  Children under 14 years old should not provide personal information to us. We will immediately remove any such personal information from children as soon as we are alerted to the presence of the information.

By using the greeNEWit Service and greeNEWit Website, you represent and warrant that you are fourteen (14) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement.  If greeNEWit believes that you are under the age of fourteen (14) or that you are not old enough to consent to and be legally bound by the Agreement, greeNEWit may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the greeNEWit Service or greeNEWit Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted on the greeNEWit Website.

Scope of the Agreement

The Agreement sets forth your rights and obligations with respect to your access to and use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and, to the extent the Agreement is not clearly contradictory to or expressly superseded by applicable terms of service of relevant third-party services, the greeNEWit Content Distribution Outlets.  The Agreement applies to your access to or use of any and all information or data of any kind arising from access to, or use of, the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and, to the extent the Agreement is not clearly contradictory to or expressly superseded by applicable terms of service of relevant third-party services, the greeNEWit Content Distribution Outlets, including, without limitation, any text, graphics, sound recordings, audio, video, and artwork.

Other Terms and Conditions

If any new products or services become available through the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets, your review or use of any such new products or services will be governed by the Agreement, unless greeNEWit  notifies you that different terms and conditions shall apply.  Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the greeNEWit  Service, greeNEWit  Website, greeNEWit  Blog, or greeNEWit  Content Distribution Outlets, including without limitation contests, promotions, or other similar features, all of which are incorporated by reference into the Agreement.  If there is a conflict between the Agreement and the terms posted for or applicable to a specific portion of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets or for any service offered on or through the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets, the latter terms shall control with respect to your use of that portion of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets, or such specific service.  In addition, you agree to comply with any additional terms which apply to third-party content, material, information, software, or any other services of any kind.

Objectionable Material

You understand that by accessing and using the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets that you may encounter content that may be deemed offensive, indecent, or objectionable, and which content may or may not be identified as having explicit language.  Nevertheless, you agree to use the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets at your sole risk and that greeNEWit shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

Copyright

greeNEWit, LLC owns or licenses the copyright in all the materials on the greeNEWit Website, including text, graphics, logos, button icons, audiovisual works, performance rights, audio clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws ("greeNEWit Content").  Your use of any material on the greeNEWit Website is subject to the following rules:

Permitted Distribution.  You may notcopy or distribute any materials that appear on the greeNEWit Website, in print or digital format, unless indicated on the specific web page on which are located indicates you may do so, except that your browser may “cache” images from the greeNEWit Website solely for browsing purposes.

Unless explicitly stated otherwise, all distributed copies must display the following copyright notice:

Copyright 2008 - 2014 greeNEWit, LLC, Reprinted with permission of greeNEWit, LLC: www.greeNEWit.com.

Distribution Requiring Advance Written Permission.  You must obtain written permission in advance if you wish to reproduce greeNEWit Content including text, videos, drawings, photographs, podcasts, etc. You can request this permission by sending us a fax at 1.443.321.0555 or an email at info@greeNEWit.com that contains the information listed below:

• a complete description of the greeNEWit Content requested, such as the URL of the web page that contains the greeNEWit Content, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the greeNEWit Content;

• a description of the intended audience;

• a description of the manner of distribution;

• the length, retail price, and approximate size of first printing or circulation that will include the greeNEWit Content;

• a description of the geographic scope of the distribution and the length of time for which rights are being requested. (Please note that greeNEWit grants only nonexclusive rights);

• a reply fax number or email address and a phone number.

Trademark

All greeNEWit-related trademarks on the greeNEWit Website (collectively "greeNEWit Trademarks") are registered trademarks in the United States and other countries.  The following rules apply to use of the material:

You may not use the greeNEWit Trademarks for any product or service that does not belong to greeNEWit, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service.  In addition, you may not use the greeNEWit Trademarks in any manner that disparages or discredits us.  You may not use any third party trademark that may appear on the website without express written permission from the third party trademark owner.

Enforcement of Intellectual Property Rights

You acknowledge that greeNEWit will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution, as applicable.

Frames and Metatags

You may not use metatags or any other "hidden text" that incorporates greeNEWit Trademarks without our express written consent, nor may you use greeNEWit Trademarks as hidden tags for Adwords®, banner advertising or other advertising means using hidden data without the express written permission of greeNEWit, LLC.

Restrictions on Access to and Use of the greeNEWit Website

In addition to any other obligations set forth in the Agreement, you hereby agree not to use or launch any automated system, including without limitation, any “deeplink”, “page-scrape”, “robot,” “spider,” “offline readers,” or other automatic device, program, algorithm, or methodology, that accesses, acquires, copies, or monitors any portion of the greeNEWit Website or the greeNEWit Service (or any content of the same) in a manner that sends more request messages to the greeNEWit servers in a given period of time than a human can reasonably produce in the same period via a conventional online Web browser, or in any way reproduce or circumvent the navigational structure or presentation of the greeNEWit Website or the greeNEWit Service (or any content of the same), to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the greeNEWit Website or the greeNEWit Service, or to interfere with the normal functioning of any sale.  greeNEWit reserves the right to prevent any such activity by any legal means.  Notwithstanding the foregoing, greeNEWit grants the operators of public search engines permission to use spiders to copy materials from the greeNEWit Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and greeNEWit reserves the right to revoke these exceptions either generally or in specific cases.

You agree that you will not attempt to gain unauthorized access to any portion or feature of the greeNEWit Website or the greeNEWit Service or any other systems or networks connected to the greeNEWit Website or the greeNEWit Service, or to any greeNEWit server or the server or computer of any greeNEWit End User, or to any of the services offered on or through the greeNEWit Website, by hacking, password mining, or any other illegitimate means.  

You agree that you may not use, nor allow others to use, the greeNEWit Website or the greeNEWit Service (either directly or indirectly): (i) to attempt to or actually disrupt, impair, interfere with, alter, or modify the greeNEWit Website or the greeNEWit Service or any information, data, or materials posted and/or displayed by greeNEWit or anyone else; (ii) to act in a way that affects or reflects negatively on greeNEWit, the greeNEWit Website, or the greeNEWit Service, or anyone else; or (iii) to harvest, collect, or attempt to collect any information from others including, without limitation, personally identifiable information such as account names and numbers, without such party’s prior consent.  

You agree that you are prohibited from violating or attempting to violate the security of the greeNEWit Website or the greeNEWit Service, including, without limitation: (i) accessing data not intended for you or logging onto a processor, communications, or access device; (ii) attempting to probe, scan, or test the vulnerability of the greeNEWit Website or the greeNEWit Service or to breach any implemented security or authentication measures, regardless of your motives or intent; or (iii) attempting to interfere with or disrupt access to or use of the greeNEWit Website or the greeNEWit Service by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.  Any such violations or attempted violations of system or network security by you may result in civil or criminal liability to you. greeNEWit reserves the right to investigate occurrences, which may involve such violations or attempted violations, and greeNEWit may involve, provide information to, or cooperate with law enforcement authorities in prosecuting any End User who is involved in any such violations.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to greeNEWit on or through the greeNEWit Website or any service offered through the greeNEWit Website.  You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.  

You may not access or use the greeNEWit Website or a greeNEWit Service for any purpose that is unlawful or prohibited by the Agreement, or solicit the performance of any illegal activity or other activity which infringes the rights of greeNEWit or others (specifically including, without limitation, copyright infringement).

Links to Other Websites

The greeNEWit Website contains links to other websites that we think may be of interest to you.  We are not responsible for and have no control over these other sites or their content, which may be governed by its own user agreement and privacy statements.

The greeNEWit Website may be linked to other sites on the Internet that are not under the control of or maintained by greeNEWit. Such links do not constitute an affiliation with or endorsement by greeNEWit of any such sites.  You acknowledge that greeNEWit is providing these links to you solely as a convenience to you, and you agree that greeNEWit is not responsible for the content or links displayed on such sites to which you may be linked.  greeNEWit does not endorse or make any representations about these Websites, or any content found thereon.  If you access any of the third party Websites linked on this greeNEWit Website, you do so at your own risk.

The greeNEWit Website may contain materials submitted by third parties.  Any such materials are provided solely as a convenience to you.  greeNEWit has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof.  If you use any of the third party materials, you do so at your own risk.  In no event shall greeNEWit be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Inaccuracies on the greeNEWit Website

Your use of the greeNEWit Website is at your own risk.  Although greeNEWit attempts to ensure the integrity of the greeNEWit Website, it makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the greeNEWit Website.  The greeNEWit Website may include inaccuracies or errors that may affect the quality of the information provided on the greeNEWit Website and a possibility exists that unauthorized additions, deletions, and alterations have been made to the greeNEWit Website by unauthorized third parties.  The information has not been independently verified or authenticated in whole or in part by greeNEWit.

More specifically, greeNEWit does not warrant the accuracy or timeliness of the greeNEWit Website Materials.  Furthermore, the prices and availability of products and/or services, including the greeNEWit Service, available via the greeNEWit Website may at any time change without notice to you.  In the event that such an inaccuracy arises, please inform us so that it may be corrected.

Availability of the greeNEWit Website and the greeNEWit Service

It is not possible to operate the greeNEWit Website or the greeNEWit Service with 100% guaranteed uptime.  greeNEWit will make reasonable efforts to keep the greeNEWit Website and the greeNEWit Service operational. However, certain technical difficulties, routine site maintenance/upgrades, and other events may, from time to time, result in interruptions to or outages of the greeNEWit Website or the greeNEWit Service.  In some cases, system outages may interrupt the ability to view or bid upon sales.  In this case, greeNEWit will make commercially reasonable efforts to halt all sales and bidding on affected sales until the system outage is resolved.  Sales that are halted or terminated for any reason will be clearly designated as such.  greeNEWit will make commercially reasonable efforts to resume the sales after the outage is resolved.  In the event of a system wide outage that prevents you from bidding, or in the event that a sale on which you are bidding is terminated other than by a winning bid, greeNEWit may, in its sole discretion, credit your account with any credits spent by you for the sale that you were participating in at the time of such outage or termination.

In addition, greeNEWit reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the greeNEWit Website or the greeNEWit Service (including any sale), with or without notice.

You agree that greeNEWit shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the greeNEWit Website, the greeNEWit Service, or any particular sale.

Preservation of Data

You acknowledge and agree that greeNEWit may, but has no obligation to you and is not required under the Agreement to, (i) preserve any and all transmittals or communications of data by you through the greeNEWit Website, the greeNEWit Service, or any service offered on or through the greeNEWit Website or greeNEWit Service, and/or (ii) disclose such data if required to do so by law or if greeNEWit determines that such disclosure is reasonably necessary (a) to comply with legal process, (b) to enforce the Agreement, (c) to respond to claims that any such transmittal, communication, or data violates the rights of others, or (d) protect the rights, property, or personal safety of greeNEWit, its employees and agents, End Users and the public.

License Granted by You to greeNEWit

Except as stated in the greeNEWit Privacy Policy, by accessing or using the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets, you grant greeNEWit a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media any content or information you provide to greeNEWit.  You grant greeNEWit and its sublicensees the right to use the name that you submit in connection with such content or information, if they choose.  You represent and warrant that you own or otherwise have the rights to post such content or information; that the content or information is accurate; that use of the content or information supplied does not violate the Agreement and will not cause injury to any person or entity; and that you will indemnify greeNEWit for all claims resulting from the content or information supplied. greeNEWit has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion, and may do so at any time without notice. greeNEWit does not endorse any End User content or information or any opinion, recommendation or advice expressed by any End User and expressly disclaims any and all liability for any content or information posted by End Users and any third party.

Disclaimers of Liability

greeNEWit DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (I) THE greeNEWit SERVICE, greeNEWit WEBSITE, greeNEWit BLOG, AND greeNEWit CONTENT DISTRIBUTION OUTLETS; AND (II) THE PRODUCTS AND SERVICES OFFERED THROUGH THE greeNEWit SERVICE, greeNEWit WEBSITE, greeNEWit BLOG, OR greeNEWit CONTENT DISTRIBUTION OUTLETS, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.  greeNEWit MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE greeNEWit SERVICE, greeNEWit WEBSITE, greeNEWit BLOG, OR greeNEWit CONTENT DISTRIBUTION OUTLETS IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE BID.

THE ITEMS THAT YOU MAY WIN THROUGH THE greeNEWit SERVICE ARE SOLD WITH THE MANUFACTURER’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT.  NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE greeNEWit SERVICE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER.

Limitation of Warranties

ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE greeNEWit WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE greeNEWit WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE greeNEWit WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF greeNEWit, ITS OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES, SUCCESSORS, ASSIGNEES, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND LOSS OF DATA (EVEN IF ADVISED OF THE POSSIBILITY THEREOF), ARISING IN ANY WAY FROM OR IN CONNECTION WITH (I) THE greeNEWit SERVICE OR THE greeNEWit WEBSITE, INCLUDING THE greeNEWit BLOG AND greeNEWit CONTENT DISTRIBUTION OUTLETS; OR (II) THE PRODUCTS AND SERVICES OFFERED THROUGH THE greeNEWit SERVICE OR greeNEWit WEBSITE, INCLUDING THE greeNEWit BLOG AND greeNEWit CONTENT DISTRIBUTION OUTLETS, OR ANY PORTION THEREOF.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, greeNEWit’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO ITS RELATIONSHIP WITH YOU (INCLUDING ANY OF ITS PRODUCTS OR SERVICES), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO greeNEWit FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY (WHICH MAY BE LIMITED TO THE AMOUNT YOU PAID FOR CREDITS TO PARTICIPATE IN greeNEWit SALES), OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO greeNEWit IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold greeNEWit and its officers, employees, licensors, suppliers, partners, affiliates, successors, assignees, and third party service providers harmless against any losses, expenses, costs, or damages (including reasonable attorneys’ fees, expert’s fees, and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (i) your breach of, or failure to comply with, the Agreement, or (ii) your use of the greeNEWit Website, including the greeNEWit Blog and greeNEWit Content Distribution Outlets, or the greeNEWit Service.  greeNEWit may, in its discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise.  No settlement which may adversely affect greeNEWit’s rights or obligations shall be made without greeNEWit’s prior written approval.  greeNEWit reserves the right, at its own expense and upon notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.

Termination

We reserve the right to terminate the greeNEWit Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions.

You agree that greeNEWit may, in its sole discretion and without prior notice, terminate your access to or use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets at any time and for any reason, with or without cause.

Without limiting the generality of the foregoing, greeNEWit may, in its sole discretion and without prior notice, terminate your access to or use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets and/or block your future access to or use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets, if greeNEWit determines in its sole discretion that you have violated the Agreement.  You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to greeNEWit for which monetary damages would be inadequate.  You consent to greeNEWit obtaining any injunctive or equitable relief that greeNEWit deems necessary or appropriate in such circumstances, without the need for a bond.  These remedies are in addition to any other remedies greeNEWit may have at law or in equity.

The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.

Notice and Takedown Procedure

greeNEWit is committed to resolving any copyright infringement issues according to the Digital Millennium Copyright Act as outlined in this Notice and Takedown Procedure.

Copyright Infringement Notification.  To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of title 17 of the United States Code (“Copyright Act”) to confirm these requirements):

1.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email is the best way to help us locate content quickly;

4.     Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.     A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent by email to:

[legal@greeNEWit.com, Subject: greeNEWit DMCA Copyright Infringement Notification]

or written communication to:

greeNEWit DMCA Complaints

ATTN: Copyright Infringement Notification

8775 Centre Park Drive, #718

Columbia, MD  21045

What Happens Next?  After we receive your copyright infringement notification, we will expeditiously take down the work(s).  We will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification.  We will not share your personal information with the alleged infringer.

If we receive a relevant counter-notification from the alleged infringer, we will forward it to you.  You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on greeNEWit.  If we receive such a notification, we will not restore the material.  If we do not receive such notification, we may reinstate the material.

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Counter-Notification. The process for counter-notifications is governed by Section 512(g) of the Copyright Act: http://www.copyright.gov/legislation/dmca.pdf.

To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.  Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification.  A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf.  To expedite our ability to process your counter notification, please use the following format (including section numbers):

1.     Identify the specific materials that greeNEWit has removed or to which greeNEWit has disabled access;

2.     Provide your full name, address, telephone number, and email address, and the username of your greeNEWit account;

3.     Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the United States District Court of Maryland if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person;

4.     Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;”

5.     Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.

Send email to the following address:[legal@greeNEWit.com, subject: greeNEWit DMCA Copyright Infringement Notification]

or written communication to:

greeNEWit DMCA Complaints

ATTN: Counter-Notification

8775 Centre Park Dr., #718

Columnia, MD  21045

What Happens Next?  A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information.  By submitting a counter-notification, you consent to having your information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on greeNEWit.  If we receive such notification we will be unable to restore the material.  If we do not receive such notification, we may reinstate the material.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

GENERAL

Access and Use Where Prohibited

Access to and use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section 17.

Local Laws and Export Control

By accessing and using the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets, you acknowledge and agree that greeNEWit controls and operates the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets from its headquarters in the United States of America and that the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets are intended for viewing in the United States.

greeNEWit makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets are solely directed to individuals, companies, or other entities located in the United States.  greeNEWit reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.  Any offer for any feature, product, or service made on or through the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets is void where prohibited.  If you use the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws.  You may not use any portion of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets in violation of United States export laws and regulations.

Governing Law

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Maryland.  All suits, proceedings and other actions relating to, arising out of or in connection with this Agreement shall be brought in the United States District Court for the Northern District of Maryland (the “Federal Court”), if the Federal Court has subject matter or diversity jurisdiction, or, if the Federal Court lacks such jurisdiction, then in the Circuit Court for Howard County, Maryland.  Each party hereby consents to the personal jurisdiction of such courts, agrees that venue shall properly lie in each such courts, and hereby waives any claim against or objection to personal jurisdiction of such courts and any contention that the venue of such courts is an inconvenient forum.

Dispute Resolution

greeNEWit intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation.  Toward this end, you agree to the following dispute resolution procedure.  If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to greeNEWit in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief.  greeNEWit shall respond within ten (10) business days.  You and a representative of greeNEWit shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and greeNEWit mutually deem necessary or desirable thereafter, in an attempt to resolve the matter.  If, within sixty (60) days of the first communication, you and greeNEWit fail to resolve the matter, you may then proceed to litigation in the forum described above.

Severability

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the rights and obligations of the parties arising prior to the date of termination or which, by their nature or the context in which they appear herein, would continue beyond such termination, including rights and obligations arising with respect to any breach of this Agreement that occurs or any indemnification obligation that accrues before such date of termination, will not be affected by such termination but will survive such termination, unless otherwise expressly agreed in writing by the parties hereto.

No Waiver

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

Surviving Provisions and Limitation on Causes of Action        

Any provision which must survive in order to allow greeNEWit to enforce its meaning shall survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your access to or use of the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

Costs for Legal Action

If greeNEWit does take any legal action against you as a result of your violation of the Agreement, greeNEWit will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to greeNEWit.  You agree that greeNEWit will not be liable to you or to any third party for termination of your access to, or use of, the greeNEWit Service, greeNEWit Website, greeNEWit Blog, or greeNEWit Content Distribution Outlets as a result of any violation of the Agreement.

Assignment

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by greeNEWit.  Any purported assignment lacking such consent will be void ab initio.

greeNEWit may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the greeNEWit Website.

Force Majeure

In the event that greeNEWit is unable to perform any of its obligations under this Agreement because of natural disaster, action or decrees of governmental bodies, communication line failure, “Act of God,” or like events (hereinafter referred to as a "Force Majeure Event"), greeNEWit shall make commercially reasonable efforts to give notice to you of such Force Majeure Event and to resume performance in due course upon resolution of the Force Majeure Event.  Such Force Majeure Events include, but are not limited to such Events that affect servers, communications and/or access to the internet in locations distant from the gREATEST, but which nonetheless affect the function and Services of the greeNEWit Website.  During such a Force Majeure Event, all obligations of greeNEWit under this Agreement shall be immediately suspended until such Force Majeure Event is resolved and greeNEWit has resumed performance.  You agree that greeNEWit shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any failure by greeNEWit to perform an obligation under this Agreement during a Force Majeure Event, including without limitation any failure by greeNEWit to recognize, honor, or validate any transaction in which your bid is not received, delayed or otherwise rejected during a Force Majeure Event.

Entire Agreement

The Agreement—which includes this Terms of Service Agreement together with all amendments, addenda, and licenses, and all greeNEWit rules and policies, including the greeNEWit Privacy Policy—constitutes the entire agreement between you and greeNEWit with respect to the greeNEWit Service, greeNEWit Website, greeNEWit Blog, and greeNEWit Content Distribution Outlets.  The Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and greeNEWit with respect to the same.