* Effective as of November 2021
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
Spring-Green requires that all persons or entities visiting the Sites on the World Wide Web agree to the following terms and conditions. By accessing a Site, you confirm your agreement to and acceptance of these terms.
In addition, offers or coupons made available on the Sites might be subject to additional terms and conditions provided in conjunction with the offer or coupon. We will provide these terms and conditions to you or post them on the offers or coupons to which they apply.
- We May Discontinue the Sites at Any Time. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Sites, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension, or discontinuance of any Sites. We may refuse or restrict anyone from access to any or all of the Sites at any time.
(a) Individual Use. Unless otherwise specified, copyright and all copyrightable subject matter on any Site is owned by Spring-Green. To the extent that Spring-Green has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Spring-Green grants you permission to make one copy or otherwise download from any Site, information and materials (including related graphics), provided: (1) the materials are for internal, non-commercial use only, except as provided in (b) below; (2) you shall not duplicate, download, publish, modify or otherwise distribute any material on the Sites for any purpose other than for your own individual use unless otherwise specifically authorized by us; (3) you keep intact all legal notices, credits, copyright, and other proprietary notices; (4) you agree not to alter the material in any way; and (5) you do not use the materials in a manner that suggests an association with any of our products, services or brands. If attribution to Spring-Green is included, limited quotations from the content are hereby permitted.
(c) Links. Unless otherwise notified by us, you may create, post, display, publish or distribute any link from your website (the “Linking Website”) to a page(s) of a Site (“Linked Page”), provided that you adhere to the following linking policy: (1) any link to a Linked Page must be a text only link; (2) the wording of the link’s anchor text and any other accompanying text must refer to the content of the Linked Page that you are linking to and must not contain any Prohibited Text (defined below); (3) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our Marks; (4) the appearance, position and other attributes of the link may not create the false appearance that the Linking Website or your organization or entity is sponsored by, affiliated with, or associated with us; (5) when selected by a user, the link must display the Linked Page as a full-screen and not within a “frame” on the Linking Website; (6) the Linking Website must not replicate any content contained on the Linked Page (or any other page of a Site); (7) the Linking Website must not present misleading or false information about us, any Site, or the Services; (8) neither the Linking Website nor the link may use the Marks without our prior written permission; (9) the Linking Website must not contain Prohibited Content (defined below); and (10) you agree that we reserve the right to require you to remove the link at any time upon our request. In the event we require you to remove your link, you will promptly remove the link from the Linking Website and cease all linking to the Sites.
(d) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Sites. Accordingly, you shall not: (i) access or attempt to access data or materials not intended for you or any areas of the Sites not intended for general public access; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Sites, or overloading, “flooding,” “mailbombing” or “crashing” the Sites. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Sites.
(e) Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Sites or any of the pages of the Sites infringes on our copyrights. Do not use any such tools or products on or in connection with the Sites.
By accessing and/or using the Sites, you agree to comply with the following restrictions on use:
- You will not access or use the Sites to collect any market research for a competing business;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse) on the Sites;
- You will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; and
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
(g) You Are Responsible for All of Your Activities. You represent and warrant that any information you provide to us by means of the Sites, including, without limitation, as part of any registration or application or to gain access to the Sites, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Sites including, without limitation, any content in the personalized areas of the Sites, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Sites. You agree NOT to use the Sites for or in connection with any of the following activities:
(i) Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any email or other posting;
(ii) Any fraudulent or illegal purpose;
(iii) Emailing, uploading, or otherwise transmitting or using the Sites in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and
(iv) Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Sites, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies.
(h) Account Password and User ID. You agree that you will comply with any security processes and procedures specified by us with respect to access to or use of the Sites. If you are required to become a registered user of the Sites, you must receive or establish one or more passwords and accounts in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Accordingly, you shall maintain the security and confidentiality of your accounts. Do not divulge your password or account information to any third party. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we shall not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor shall they have any responsibility whatsoever for your failure to comply with this Section.
- Information Provided by You. Any information provided by you to us, including but not limited to feedback, data, questions, comments, suggestions, information, ideas, concepts, knowledge, techniques, content, or materials (collectively, “Submissions”), shall be deemed to be non-confidential and we assume no obligation to protect Submissions from disclosure. We shall have no obligation of any kind with respect to Submissions, and unless we indicate otherwise, you grant us and our agents, representatives, franchisees and licensees (the “Spring-Green Parties”) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, disclose, distribute, modify, adapt, publish, translate, create derivative works from, distribute, and display the Submissions, for any purpose, including but not limited to developing, manufacturing or marketing products and/or modifying or improving the Sites, throughout the world and in any media now existing or hereinafter developed. You grant the Spring-Green Parties, and any of the Spring-Green Parties’ sublicensees, the right to use the name that you submit in connection with such Submissions, if the Spring-Green Parties choose.
- Consent to Monitoring. We are under no obligation to monitor the information residing or transmitted to this Site. However, anyone accessing this Site agrees that we may monitor the Site to: (1) comply with any necessary laws, regulations or governmental requests; and (2) in our sole discretion, operate the Site in a manner we deem proper or to protect against conduct we deem inappropriate. We shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Site that we, in our sole discretion, believe is unacceptable or inconsistent with these terms and conditions. The submission of information or materials to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by us for any purpose whatever.
- Compliance with Laws. You may use the Sites only for lawful purposes. The use of the Sites is subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us.
- We Make No Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITES OR THE INFORMATION CONTAINED ON THE SITES. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, DELAY OR ERROR-FREE MANNER (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAY OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. IN ADDITION, NO ADVICE OR INFORMATION GIVEN BY US, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ON ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. WE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME.
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Without limiting the foregoing, the Services and the Sites are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT ACCESS THE SITES OR USE THE SERVICES.
- Copyright Notice and Takedown Policy Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to us at the address indicated below in Section 17.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3(A), the notification must include the following:
- an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material that you claim is infringing is located on a Site sufficient to allow us to locate the material;
- identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
- your address, telephone number, and email address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTICE REGARDING FRANCHISE OFFERS OR SALES
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of one of these states, we will not offer you a franchise unless and until we have complied with applicable pre sale registration and disclosure requirements in your jurisdiction.