 This Terms of Use, including all linked to or referenced documents and resources (the "Agreement"), governs Your (defined below) use of the Evergreen Properties Web site ("Site"). Our Site is available for Your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SITE. YOUR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided by Evergreen Properties and available only to entities and people who can form legally binding agreements under applicable law (referenced hereafter as "You," "Your" or "User"). If You do not qualify, do not use the Site.
2. Description of Site.
Evergreen Properties provides Users with on-line access to information regarding Evergreen Properties's services. Evergreen Properties may also provide new features or information on the Site, which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT Evergreen Properties ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MISDELIVERY OF ANY INFORMATION OR ANY PERSONALIZED SETTINGS.
3. General Practices Regarding Use.
You acknowledge and agree that Evergreen Properties may establish general practices and limits concerning the use of the Site, including without limitation, restrictions on accessing the Site in any given period of time. You agree that Evergreen Properties has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site. You acknowledge that Evergreen Properties reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accordance with Section 16.
4. License and Site Access.
Evergreen Properties grants You a limited personal, nontransferable, nonsublicenseable, revocable worldwide license to access and make personal use or non-commercial use within Your organization, of the Site. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Evergreen Properties and Our affiliates without Our prior express written consent.
5. Your Obligations.
In consideration for Your use of the Site, You agree that if You decide to send us Your personal information, e-mail us, order Our services or call us with information about You: (a) You will provide true, accurate, current and complete information about Yourself ("Your Information") and (b) You will maintain and promptly update Your Information and any other information provided by You to Evergreen Properties to keep it true and accurate, current and complete. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.
6. Restrictions on Use.
All pages within the Site and any materials made available on these pages for downloading are the property of Evergreen Properties and/or its affiliates or other third parties. The Site and portions of the Site are protected by federal and international copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Site that are viewed, downloaded or otherwise accessed by You. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end User license agreements. You may not input or upload to the Site any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Site or its contents or that infringes the Intellectual Property (defined hereafter) rights of another.
Any rights not expressly granted by this Agreement are reserved by Evergreen Properties.
7. Disclosure of Content Monitoring.
Although Evergreen Properties has no obligation to monitor any information provided to the Site by its Users, including without limitation, Your Information, it reserves the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Evergreen Properties, its Users or the public.
8. Intellectual Property Ownership.
Any and all intellectual property rights associated with the Site including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of Evergreen Properties, any affiliates of Evergreen Properties, or third party. All custom graphics, icons, and other items that appear on this Site are trademarks, service marks or trade dress ("Marks") of Evergreen Properties or other entities that have granted Evergreen Properties the right and license to use such Marks. The use of any Marks appearing on the Site without the express written consent from the owner is strictly prohibited. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without Evergreen Properties or the appropriate third party's prior written permission. Except as provided herein, Evergreen Properties does not grant to You any express or implied rights to Evergreen Properties's or any third party's Intellectual Property. Any rights associated with the content of the Site, which is transmitted, downloaded, or otherwise processed by Evergreen Properties, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content except as set forth in Section 6.
9. Copyright Notice.
Everything on this Site is copyrighted. The copyrights are owned by Evergreen Properties, or the original creator of the material. However, You are free to view, copy, print, and distribute Evergreen Properties material from this Site, as long as:
- The material is used for information only.
- The material is used for non-commercial purposes only.
- Copies of any material include Evergreen Properties's copyright notice.
- The material is not identified as Evergreen Properties confidential.
Evergreen Properties is committed to respecting others' intellectual property rights, and We ask You to do the same. Evergreen Properties may, in its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Site, please deliver the following information to Evergreen Properties:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and email address so that We may contact You;
- 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 is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Evergreen Properties's Agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Mail:
Evergreen Properties
2125 Lakeside Drive
Elberton, GA 30635
10. NO WARRANTY.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY HYPERLINKED WEBSITE, IS PROVIDED, "AS IS," AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, Evergreen Properties MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND Evergreen Properties EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT THE INFORMATION OR SITE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO WARRANTY THAT ANY ORDER MADE BY YOU WILL BE FILLED ACCORDING TO YOUR SCHEDULE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY HYPERLINKED WEBSITE.
Evergreen Properties MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE SITE, THE INFORMATION PROVIDED OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE CONTENTS OF THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Evergreen Properties, ITS AFFILIATES, SUBSIDIARIES, CO-BRANDERS, PARTNERS, OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, BROWSING, USE OF, OR INABILITY TO USE THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY CONTENT, INCLUDING WITHOUT LIMITATION DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE CAUSED BY ANY VIRSUES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, AND/OR ANY HYPERLINKED SITE, IS TO STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCENDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ANY LEGAL ACTION CONCERNING THESE AGREEMENT OR THIS SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES AND MUST BE BROUGHT IN THE STATE OF DELAWARE.
12. Indemnity.
You agree to indemnify, defend (at the request of Evergreen Properties), and hold Evergreen Properties, and its subsidiaries, affiliates, co-branders, or other partners, and their respective employees, officers, directors, agents, and representatives (the "Evergreen Properties Indemnitees") harmless from and against any claims, losses, expenses, liabilities damages or demand (including reasonable attorneys fees) brought against any Evergreen Properties Indemnitee resulting from or arising out of: (1) Your information submitted or transmitted to Evergreen Properties; (2) Your use or misuse of the Site or Evergreen Properties services; (3) Your connection to the Site; (4) any breach of this Agreement by You; or (5) the violation of any rights of a third party by You.
13. Privacy Policy.
Your information and certain other information about You is subject to Our Privacy Policy. For more information, please read Our Privacy Policy . You should be aware that Web sites linked to the Site are likely governed by confidentiality and privacy provisions that differ from the provisions governing the Site. Evergreen Properties is not responsible for such provisions, and expressly disclaims any and all liability relating to such provisions.
Evergreen Properties hereby incorporates herein, by this reference, the Evergreen Properties Privacy Policy into the terms of this Agreement.
14. Submissions.
Any and all comments, material, suggestions, information, or ideas submitted or posted on this Site will be considered non-confidential and non-proprietary and shall remain the property of Evergreen Properties ("Comments"). By disclosing or submitting Comments to Evergreen Properties, You grant to Evergreen Properties and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Comments without compensation or acknowledgment of source. If any of the Comments submitted constitutes personal data, You agree that Evergreen Properties may use and transmit such personal data in accordance with Our Privacy Policy .
15. Modifications.
Evergreen Properties may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Site and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, We encourage You to visit the Site from time to time to review the current version of the Agreement.
16. Termination.
Evergreen Properties may, in its sole discretion, terminate Your use of the Site, and remove and discard any content within the Site, for any reason. Evergreen Properties may also, in its sole discretion, at any time, discontinue providing the Site or any part thereof, with or without notice. Evergreen Properties may terminate Your access to the Site under any provision of this Agreement without prior notice and Evergreen Properties shall not be liable to You or any third party for any termination of Your access to the Site.
Upon termination or cancellation of this Agreement, You will immediately (a) discontinue use of the Site and (b) pay to Evergreen Properties any outstanding fees accrued prior to such expiration, termination or cancellation.
17. Links.
While this Site may contain links to third party sites, Evergreen Properties has no control over such linked sites and resources. You acknowledge and agree that Evergreen Properties is not responsible for the availability of such linked sites or resources, the content of any linked sites. Evergreen Properties provides these links as a convenience and does not endorse the companies or contents of any linked sites. Evergreen Properties DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY SERVICE PROVIDED VIA SUCH LINKED SITE. YOU ACKNOWLEDGE THAT Evergreen Properties IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SERVICES OR PRODUCTS OFFERED OR THE CONTENT LOCATED THROUGH ANY SUCH LINKED SITES.
18. Links to Our Site.
Evergreen Properties prohibits caching of any portion of the Site and any unauthorized hypertext links to the Site. Evergreen Properties reserves the right to disable any unauthorized links or frames. If You desire to provide a hyperlink from Your website to the Site, You must contact Evergreen Properties to discuss mutually agreeable terms for such hyperlink.
19. Export of Information.
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of United States law. You acknowledge and agree that the information You submit to Us is being submitted to a company in the United States, and therefore will be subject to United States law.
20. Jurisdiction and Choice of Law.
All claims or issues regarding this Site shall be governed according to the laws of the United States, State of Georgia, without regard to its conflicts of law principles. Evergreen Properties makes no representations that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited.
21. Notices.
Notices required under this Agreement may be deemed given by certified mail, postage prepaid, and return receipt requested, to:
Evergreen Properties
Sales Office
2532 Omaha Drive
Elberton, GA 30635
Notice shall be deemed given seven (7) business days after the date of mailing.
22. Complete Agreement.
This Agreement constitutes the entire agreement between You and Evergreen Properties with respect to use of the Site, superceding any other agreement between You and Evergreen Properties with respect to the subject matter of this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Sections 8–12, 14, 16, 20, 21, and 22 shall survive termination of this Agreement. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect
Terms of Use of this Site last update on 07/04/08. Please check back for updates and changes. |
