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TERMS AND CONDITIONS OF USE
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| GreenSpring Institute, LLC Agreement of Terms of UseBy using, accessing, and/or submitting information to www.greenspringinstitute.com, you are accepting this agreement to Terms and Conditions of Use and our Privacy Policy.This agreement is made by and between GreenSpring Institute, LLC, a Pennsylvania company (GreenSpring Institute) and you, user of our website www.greenspringinstitute.com. This Agreement sets forth the terms and conditions that apply to your access and use of the internet website operated and owned by GreenSpring Institute, LLC, including but not limited to, the website located at URL www.greenspringinstititue.com (“www.greenspringinstitute.com”).This agreement is intended to apply to you, GreenSpring Institute and all internet websites operated and owned by GreenSpring Institute, LLC including but not limited to, www.greenspringinstitute.com.Your right to use and access www.greenspringinstitute.com is personal only to you and not transferable to any other person or entity by you. You are only entitled to access and use www.greenspringinstitute.com for lawful purposes and pursuant to the terms and conditions of use of this Agreement. Your access and use of www.greenspringinstitute.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of GreenSpring Institute’s equipment, periodic updating, maintenance or repair activities that GreenSpring Institute may undertake from time to time, or other actions that GreenSpring Institute, at its sole discretion, may elect to take. GreenSpring Institute reserves the right to suspend or discontinue the availability of www.greenspringinstitute.com for access and use at any time at its sole discretion and without prior notice to you.Access to certain services and features of www.greenspringinstitute.com are accessible to registered users only. The rights to register with www.greenspringinstitute.com and create a username and password are available only to those individuals who provide to GreenSpring Institute the requested accurate, complete and current personal identifiable information that you provide. You must inform GreenSpring Institute of any changes to or updates of any personal identifiable information that you provide to GreenSpring Institute via our contact form. GreenSpring Institute reserves the right to revoke or deny access to username and password at any time and without prior notice at its sole discretion.In order to determine your compliance with this Agreement, GreenSpring Institute may monitor your access and use of www.greenspringinstitute.com in accordance with GreenSpring Institute’s Privacy Policy for www.greenspringinstitute.com. Any action by you that, at GreenSpring Institute’s sole discretion, violates the terms and conditions of this Agreement, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.greenspringinstitute.com, or through the use of www.greenspringinstitute.com, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of www.greenspringinstitute.com.You shall not transmit, submit or post information to www.greenspringinstitute.com that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. |
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INTELLECTUAL PROPERTY RIGHTS
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| The names “GreenSpring Institute” and “greenspringinstitute.com” and the GreenSpring Institute and greenspringinstitute.com trademarks, logos and graphics are trademarks of GreenSpring Institute, and may not be used by you without the prior express written permission of GreenSpring Institute, which permission may be withheld at GreenSpring Institute’s sole discretion.The data and content viewable on, contained in, or downloadable from, www.greenspringinstitute.com, including, without limitation, the coursework available on www.greenspringinstitute.com (collectively, the “Content”), is copyrighted by GreenSpring Institute, LLC and/or other third parties. GreenSpring Institute also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.You shall be solely responsible for any damage resulting from your infringement of GreenSpring Institute’s and other third parties’ intellectual property rights regarding the “GreenSpring Institute” and “greenspringinstitute.com” names, the GreenSpring Institute and greenspringinstitute.com trademarks, logos and graphics, and/or the Content, and/or any other harm incurred by GreenSpring Institute or third parties as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the same for purposes that are contrary to the terms and conditions of this Agreement.GreenSpring Institute Makes No Representations or Warranties Regarding the Content. The Content is being provided to you on an “as-is” basis, www.greenspringinstitute.com. GreenSpring Institute does not make any representations, warranties or guarantees express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, safety and reliability of the Content.GreenSpring Institute makes no representation, warranty or guarantee that www.greenspringinstitute.com or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.You may not frame or utilize any framing techniques regarding www.greenspringinstiute.com and/or the Content. You may not link to www.greenspringinstitute.com without the express written permission of GreenSpring Institute,LLC. You may not use any metatags or any other hidden text utilizing GreenSpring Institute, www.greenspringinstitute.com or any of GreenSpring Institute’s trademarks.Other features and services available via www.greenspringinstitute.com, including, without limitation, management of professional licensing requirements and reporting of professional licensing requirements to state licensing agencies, are provided for your convenience only. You are ultimately responsible to ensure that any service or other convenience provided by such features and services are ultimately performed, and performed in compliance with all laws, rules and regulations, including, without limitation, timeliness of submission or reporting. GreenSpring Institute, shall in no event be liable for any penalties or damages that may occur as a result your access or use of, or reliance upon, any convenience features or services available via www.greenspringinstitute.com.GreenSpring Institute shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.greenspringinstitute.com and the access and use of www.greenspringinstitute.com under any username or password created by you; (iii) your inability to access or use www.greenspringinstitute.com or any username or password created by you; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content. Use of the Content is at your sole risk.Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above limitations on GreenSpring Institute’s liability may not apply to you, and you may have additional rights.You shall defend, indemnify and hold harmless GreenSpring Institute, LLC and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal identifiable information requested pursuant to registration; (iii) your access or use of www.greenspringinstitute.com; (iv) your access or use of www.greenspringinstitute.com under any username and password that may be created by you; and/or (v) your use of the Content.GreenSpring Institute, LLC reserves the right to amend this Agreement at any time at its sole discretion and without notice. Your right to access and use www.greenspringinstitute.com is subject only to our most current Agreement of Terms of Use. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on www.greenspringinstitute.com.You are advised and encouraged to visit www.greenspringinstitute.com on a regular basis to review our most current Agreement of Terms of Use, and review any changes that may have been made. Unless you elect to opt-out of this Agreement, you agree to be bound by our most current Agreement of Terms of Use, including any changes that have been made.If at any time you wish to opt-out of this Agreement, please contact GreenSpring Institute via our contact form. However, keep in mind that your opting-out of this Agreement cancels your ability to access and use www.greenspringinstitute.com.You acknowledge that GreenSpring Institute may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, GreenSpring Institute, LLC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Lackawanna County, Pennsylvania. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.You may terminate or opt out of this Agreement at any time by contacting GreenSpring Institute via our contact form. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.greenspringinstitute.com. Following your termination or opting out of this Agreement, the provisions of this Agreement regarding “Limitations of GreenSpring Institute’s Liability,” “Your Indemnification of GreenSpring Institute,” “Governing Law and Arbitration” and “Miscellaneous” shall survive. GreenSpring Institute, LLC may terminate this Agreement or any usernames or passwords that may be created by you, at any time, without prior notice, for any reason, or for no reason.This Agreement is to be governed and construed in accordance with the internal laws of the State of Pennsylvania, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Lackawanna County, Pennsylvania. The arbitrator shall be selected by you and GreenSpring Institute, LLC, and if you and GreenSpring Institute, LLC are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and GreenSpring Institute, LLC and your and GreenSpring Institute’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or GreenSpring Institute, LLC be entitled to punitive, special, indirect or consequential damages and both you and GreenSpring Institute, LLC hereby waive your and GreenSpring Institute’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by GreenSpring Institute, LLC from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and GreenSpring Institute, LLC regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same. |