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Nuegreen

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Terms & Conditions

Terms

The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Nuegreen for products, or otherwise. Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise and are included as part of the Site Terms.

Modification of Terms

Nuegreen reserves the right to modify these Site Terms at our sole discretion from time to time and only Nuegreen has the right to do so. Changes or modification will be effective upon posting revised Site Terms, and your use of the Site, following the posting, will constitute your acceptance of the new Site Terms. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated.

Passwords Security

If you use a password to access this Site, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Nuegreen immediately. Nuegreen reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While Nuegreen takes prudent steps to protect your account and the site, it cannot protect your information outside of the Site. For example, when Nuegreen communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. You may rely on the authority of anyone accessing your account or using your password and in no event will Nuegreen be held liable to you for any liabilities or damage resulting from or arising out of (1) any action or inaction of Nuegreen under this provision; (2) any compromise of the confidentiality of your account or password, and (3) any unauthorized access to your account or use of your password.

License

Nuegreen grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and any Site Materials; (d) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (e) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Nuegreen trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (c) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Nuegreen or any third party. You may not use any meta tags or any other "hidden text" utilizing Nuegreen 's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws, and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Cancellations, Changes & Errors

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process
orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to twelve months from your date of purchase you may contact us for a refund of tax overcharges. The right to a refund is your exclusive remedy for sales tax errors.

Copyright

Please notify us of a copyright infringement, write to us at: customerservice@nuegreen.com.

Software

Any software, including any files, images incorporated in or generated by the software, and data accompanying the software that may be made available on this Site is licensed to you by Nuegreen on a non-exclusive and limited basis. Nuegreen shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. As for HYPERLINKS, you are granted a limited, non-exclusive right to create a hypertext link to the home page only of this site, provided such link does not portray Nuegreen or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Nuegreen trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Nuegreen's express written consent. All other linking is prohibited without prior consent from Nuegreen. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Nuegreen or any third party Nuegreen makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

Submissions

If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. You agree that any materials, including but not limited to comments, suggestions, ideas, plans, notes, drawings, original, questions or creative materials or other information, provided by you in the form of email or submissions to Nuegreen, or postings on this Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions.

Minors

This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.

Email Consent

When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the nuegreen.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

Disclaimer

If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions. THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

Enforcement Policy

All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate. Nuegreen has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Nuegreen believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. We assume no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You remain solely liable for the content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Nuegreen and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within Texas, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Austin, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, Nuegreen reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.