Last Modified: August 31, 2021.
The Website is offered and available to users who are eighteen (18) years of age or older. If you are not at least 18, you must not access or use the Website.
2. Website Features, Functionality and Availability. You may use the Website when and as available. Although we generally intend for the Website to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Website, including any features or content displayed or made available through the Website, from time to time with or without notice to you, in our discretion. We will not be liable to you if for any reason all or any part of the Website is unavailable at any time for any period.
4. No Reliance; No Offer or Advice. Green Cities makes no representation or warranty that the information on the Website is accurate, reliable, up-to-date or complete. Neither Green Cities nor any third party can guarantee the accuracy of the information. The Website is provided for informational purposes only and does not constitute and should not be construed as a solicitation or offer, or recommendation to acquire or dispose of any investment or to engage in any other transaction whatsoever.
5. Intellectual Property Rights.
(c) Feedback. Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through the Website may be used by Green Cities. While you may continue to own all such the Feedback, you hereby grant to Green Cities a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.
(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Website and/or any Green Cities Content, whether for profit or without charge;
(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Website and/or any Green Cities Content;
(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Website, any Green Cities Content, or any Green Cities software;
(d) Remove any copyright and other proprietary notices placed upon the Website and/or any Green Cities Content accessible via the Website;
(e) Circumvent any use-limitation or protection device contained in or placed upon the Website and/or any Green Cities Content, or access or attempt to access any portion of the Website and/or any Green Cities Content that you are not authorized to access;
(f) Use the Website to execute denial of service attacks;
(g) Perform automated searches against Green Cities’ systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from Green Cities;
(h) Use the Website or any Green Cities Content to create products or perform services which compete with or interfere with the Website, any Green Cities Content, or any other products or services of Green Cities or its licensors;
(i) Text mine, data mine or harvest metadata from the Website;
(j) Impair or overburden the Website or any servers or systems associated with the Website;
(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(m) Use the Website and/or any Green Cities Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;
(n) Introduce to the Website or any other Green Cities systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(o) Download all or parts of the Website and/or any Green Cities Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Website and/or the Green Cities Content, in any form; or
(p) Use the Website and/or the Green Cities Content in connection with life support systems, medical devices, or any application or other high risk activities where failure or malfunction could lead to possible loss of life.
8. Disclaimer; Limitation of Liability; Exclusive Remedy.
(a) Disclaimer. YOU AGREE THAT THE WEBSITE AND ALL Green Cities CONTENT IS PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE VENDORS, AFFILIATES OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Green Cities DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE Green Cities’ PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE WEBSITE OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR ANY Green Cities CONTENT IS WITH YOU.
14. Notices, Including Our Address for Legal Notices.
(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Website or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Website.
(b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is 1477 NW Everett St, Portland OR 97209, or by emailing it to us at [email protected].
17. No Class Actions. Each party expressly waives their right to file a class action or seek relief on a class basis. YOU AND GREEN CITIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Further Information. If you would like to receive our legal name and address by email or request any additional information from Green Cities, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 20.
20. Notice of Copyright Agent. Green Cities respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Website in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Website containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation 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 (vi) a representation that the information in the notice 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.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
by mail: The Green Cities Company, 1477 NW Everett Street, Portland, OR 97209
by email: [email protected]
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third-party rights.
21. Notice About Trademarks. THE GREEN CITIES COMPANY and any associated logos or designs are trademarks of The Green Cities Company. All other trademarks and logos on the Website and/or in the Green Cities Content are the property of their respective owners. All rights are reserved.