Terms and Conditions: Use of Green Training Associates LLC Website

Welcome to www.greentrainingassociates.com. Green Training Associate LLC provides services and content subject to the notices, terms and conditions as set forth below.

The website www.greentrainingassociates.com, including all subpages under such domain name (the “Site”), any programming languages, source code, object code, software, goods, content, merchandise, downloadable materials or content, customer services, social media pages or profiles, services and products (collectively, the “Services”) are operated and exclusively owned by Green Training Associates, LLC (“GTA”). Throughout these Terms of Use (‘Terms”), the terms “we”, “us”, and “our” refer to GTA. The Terms set forth the basic terms and conditions between you and GTA and its successors, parents, subsidiaries, affiliates and related companies or other companies under common control now, or in the future. GTA offers the Site and Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. If you do not accept the Terms, do not further use or access the Site or any of the Services. By accessing and using the Site and Services, you agree to be bound by the Terms, including any additional terms and conditions and policies referenced and incorporated herein.

GTA may revise the Terms by posting an updated version to the Site, without direct notice to you. It is your responsibility to visit this page periodically to review the most current Terms. Your continued use or access of the Site and Services shall constitute your acceptance of any modified terms and conditions.

1. Services for Purchase Online.

Any new features, products, or tools that we add to our Services, including an e-commerce store (the “Store”), shall also be subject to the Terms. As such, certain Services, including, but not limited to, merchandise, products, subscriptions, services, goods, and content or materials for download or streaming, may be available exclusively for purchase through the Store. These Services may have limited quantities and for certain Services, are subject to return or exchange according to our Returns Policy set forth on the prompted ordering and payment subpage. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made through the Store is void where prohibited by law or these Terms.

GTA attempts to keep the Store as accurate as possible. However, GTA does not warrant that descriptions of Services and Site content is accurate, free of errors, complete or current. To the extent you order, remit payment for, and receive any tangible merchandise, goods, or products from the Store that do not conform to the online description or as shown in the Store, you may return such merchandise, goods, or products, unused, as described in our Returns Policy. To the extent you order content or materials for download or through subscribed use and access, subject to your compliance with these Terms and remittance of amounts owed for any one-time or ongoing subscription fees charged to download Services for purchase, we grant to you a limited, non-exclusive, non-transferable, revocable license, with no right to sublicense, to download, install, access and use a copy of the Services on a mobile device, tablet, or computer that you own or control exclusively for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) reproduce, modify, publicly display, or create derivative works based on the Services; (ii) distribute, transfer, or sublicense the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services, as applicable; or (iv) make the functionality of the Services available to multiple users through any means. We reserve all rights, title, and interest in and to the Services not expressly granted to you under these Terms. GTA will provide you all commercially reasonable support with respect to any content or materials that you purchase and subsequently download, install and use. However, you may not under any circumstances return or exchange such Services according to our Returns Policy, and you acknowledge that you purchase and download such Services “as is” and “with all faults”. We do not warrant that the quality of any Services purchased or obtained by you will meet your expectations, be error or defect-free, or that any errors or defective Services will be corrected.

2. Account Registration.

Certain functions of the Services may require registration, such as for streaming content on a one-time basis or as a subscriber, or for participating in promotions. You may only create and use an account for your personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account and any information associated therewith, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect that information by, among other things, keeping your password and other information confidential. If, in spite of the foregoing obligation, you allow a third party to use your account, you acknowledge that you will be solely responsible for all use of the Website and all other activities performed by that third party. You must immediately notify us of any unauthorized uses of your account or any other breaches of security as soon as you become aware of or suspect it. We will not be liable for your acts or omissions, including, but not limited to, any damages of any kind you incur or your property sustains as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal, and technical purposes. By registering for an account, you grant us permission to send surveys, offers, promotions and other marketing materials to you via electronic communication, including email or text message, or via postal mail.  You may unsubscribe at any time on the Site at www.greentrainingassociates.com or through the electronic communication we send you.

3. Third Party Tools and Platforms.

We may provide you as part of the Services with access to third-party platforms, tools, links, and content, such as social media/networking platforms, content streaming platforms, hyperlinks to third-party websites, and Services embedded as an iframe into the Site (“Third-Party Services”), over which we neither monitor, have any control, nor input. You acknowledge and agree that we provide access to Third-Party Services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We hereby disclaim any and all liability whatsoever arising from or relating to your use of any Third-Party Services. Any use by you of any platforms, tools, or content offered through any such Third-Party Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms governing your use of such Third-Party Services and the conditions upon which such Third-Party Services are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. All complaints, claims, concerns, or questions regarding Third-Party Services should be directed solely to the applicable third-party provider(s).

4. Intellectual Property Rights.

GTA owns all rights, title, and interest in and to any and all intellectual property rights relating to GTA’s brand, trade name, trade dress, as well as all of the content, materials, source code, object code and software available on the Site or in the Services, such as those rights in all copyrights, trademarks and service marks, trade names, trade dress, proprietary logos, insignias, including but not limited to text, graphics, images, photographs, video, audio, streaming content, logos, button icons, software, user comments, feedback, suggestions, proposals, testimonials, photographs, images, plans, or other intellectual property owned or licensed by you or a third party under your control, or any other user-generated content you submit to GTA or post on the Site, whether in response to a solicitation or on a voluntary basis, through electronic communication or any online interactive discussion or comment forum (collectively “User-Generated Content”), and any other GTA content (collectively, “GTA Content”). To the extent any rights, title, or interest in and to the User-Generated Content cannot be retained by operation of applicable law, you hereby grant to GTA a non-exclusive, perpetual, worldwide, royalty-free, fully paid up, transferable, and sublicensable right and license to the User-Generated Content for GTA’s use and exploitation thereof for any purpose. The compilation of all content on the Site and its user interface is the exclusive property of GTA and is protected by United States and foreign intellectual property laws. GTA strictly prohibits your unauthorized use of the GTA Content without its prior written consent. We have no obligation to (1) maintain any GTA Content in confidence; (2) pay compensation for any GTA Content; or (3) respond to any User-Generated Content. We may, but have no obligation to, monitor, edit or remove GTA Content for any reason at all, or that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms. You agree that your User-Generated Content will not violate any right of any third-party, including copyright, trademark, privacy, right of publicity, endorsement, personality or other personal or proprietary right. You further agree that your User-Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or harm or damage any third-party, third-party property, or third-party rights. You may not submit User-Generated Content under false pretenses or otherwise mislead us or any third-parties as to the origin of any User-Generated Content. You are solely responsible for any User-Generated Content and its accuracy. We take no responsibility and assume no liability for any User-Generated Content you submit to GTA or post to the Site.

Except as expressly authorized by GTA, you agree to neither distribute, sell, modify, create derivative works of, reproduce, republish, display, publicly perform, nor otherwise use the GTA Content for any purpose except for those purposes provided herein. These limitations apply to copying or adapting the code that GTA uses to create, generate or display any GTA Content or the pages, as well as any graphics or programming, making up the Site.

You may not modify, decompile, or reverse engineer any software related to the operation of the Site. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.

GTA Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations GTA uses in connection with its Services. You may not copy, use, remove, or alter any GTA Trademarks, or co-brand your own products or material with GTA Trademarks, without GTA’s prior written consent. You acknowledge GTA’s rights in the GTA Trademarks and agree that any use of the GTA Trademarks by you shall inure to GTA’s sole benefit. You agree not to incorporate any GTA Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

5. Procedure for Making and Responding to Claims of Copyright Infringement.

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. Notifications of claimed copyright infringement by third-parties should be sent to GTA’s designated agent noted below (the “Designated Agent”).  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible through the Site or Services, in order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (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, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Site or in the Services, that are claimed to have been infringed; (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 GTA to locate the material; (4) information reasonably sufficient to permit GTA to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, its agent nor the law has authorized the use of the material in the manner complained of; 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.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

By Mail:

Green Training Associates, LLC

1992 Morris Avenue, Suite #160

Union, New Jersey 07083

By E-mail:       info@greentrainingassociates.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that the material has been removed or access to this material has been disabled. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material.

6. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with these Terms; and (b) to use the Site solely for internal, personal, non-commercial purposes. No printed or electronic version of any portion of the Site or its contents may be used by you in any matter whatsoever under any circumstances.

7. Your Conduct.

You explicitly agree, in using the Site or Services or Third-Party Services, that you shall not:

(a) perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt the Site or any Services or Third-Party Services, infect the Site with a virus or other destructive or deleterious programming routine, or any conduct that gives rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any GTA Content;

(c) Collect or harvest any data from or about other users; and

(d) Provide or use the Site or GTA Content in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or solicitation without our prior written consent.

8. Disclaimer of Warranties and Limitation of Liability.

DISCLAIMER OF WARRANTIES

THE SERVICES, GTA CONTENT, AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR USE OR PURPOSE. YOUR USE OF THE SERVICES AND RELIANCE ON ANY RELATED CONTENT IS AT YOUR OWN RISK. GTA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY PRODUCTS OR SERVICES THAT ARE OFFERED, MARKETED, OR ADVERTISED THROUGH THE GTA SERVICES. REPRESENTATIONS AND WARRANTIES REGARDING THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE GTA SERVICES, IF ANY, ARE MADE SOLELY BY THE THIRD-PARTY OFFERORS, PROVIDERS, OR CONTRACTORS OFFERING OR PROVIDING SUCH PRODUCTS OR SERVICES.

GTA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT GTA, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ITS CONTENT. GTA DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THE SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE SERVICES MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND GTA MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER GTA NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GTA AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GTA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES. EXCEPT AS OTHERWISE PROVIDED HEREIN, A USER MAY SEEK LEGAL OR REMEDIAL ACTION DIRECTLY FROM ANOTHER USER. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF GTA TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE.

9. Release and Indemnification.

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release GTA, and its subsidiaries, affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, proceedings, administrative actions, investigations, arbitration, liabilities, obligations, damages, judgments, awards, losses, penalties, interest, or fines known or unknown, arising out of or in connection with (1) your use of the Site or Services, (2) the purchase of or use by you of any Services or any other products or services purchased in connection with or resulting from your use of the Site or Services, or (3) the use of any information accessed by you from the Site or Services.

You agree to indemnify and hold GTA and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit arising out of (1) your use of the Site, Services, or Third-Party Services, (2) your purchase of or use of any products, merchandise, materials, content, or services through or in connection with the Site or Services, (3) information that you submit, transmit, or otherwise make available via the Site or Services, or (4) your breach of these Terms.

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms.

10. Governing Law.

You agree that the Terms and matter related to the Site or the Services shall be governed by the laws of the state of New Jersey without any regard to conflict of law rules. By registering an account or using the Site or Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts of the state of New Jersey.

11. Miscellaneous Information.

In the event that the Terms conflict with any law under which any provision may be held illegal, invalid or unenforceable by a court, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of the Terms will remain valid and enforceable.  Any delay or failure to require performance of any provision of these Terms shall in no manner affect any right at a later time to enforce such provision. The failure of GTA to assert any right under the Terms shall not be considered a waiver of GTA’s right and that right will remain in full force and effect. We may assign our rights and obligations under the Terms and we shall be relieved of any further obligation. The Terms and any documents expressly incorporated by reference constitute the entire integrated agreement between GTA and you pertaining to the subject matter hereof.

12. Consumer Rights Notice to California Users.

Under California Civil Code Section 1789.3, California Users are entitled to a consumer rights notice. The Site and Services are provided by Green Training LLC. If You have any questions, concerns, or complaints regarding the Services, please contact Green Training LLC by sending either: (i) an email to info@greentrainingassociates.com; or (ii) a letter, first class certified mail, to Green Training LLC, 1992 Morris Avenue, Suite #160, Union, NJ 07083, Attn: Customer Services. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may by contacting them in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

13. Survival of Terms.

All provisions of these Terms that by their nature are intended to survive termination, shall survive the termination of your use or access to the Site or Services, including, without limitation, the provision regarding intellectual property rights, disclaimers of warranties, indemnity, disclaimers of damages, and limitations of liability.