Terms of Service
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND GREEN EARTH FROG LLC (“WE” OR GEF”), THE OWNER AND OPERATOR OF THE WWW.GREENEARTHFROG.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE.
By making a purchase on the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
Green Earth Frog LLC may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products (as defined below in Section 3.1). Green Earth Frog LLC reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Green Earth Frog LLC uses a third party payment processing service to process orders and bill fees to your credit card.
1.3 – Privacy
PLEASE TAKE NOTICE that Green Earth Frog LLC (and its third party service providers) automatically collects various types of information about your visits to our Site or use our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and to help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Omniture, Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; dates and times of visits to our Sites; information on actions taken on our Site (such as page views and site navigation patterns); a general geographic location (such as country and city) from which a visitor accesses our Site; search terms that visitors use to reach our Site and the webpage that led you to the Site.
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Green Earth Frog LLC if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, Green Earth Frog LLC hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Green Earth Frog LLC or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise apply to the Site or Content.
3 – TERMS OF SALE
3.1 - Sales of Products to End Users Only
Green Earth Frog LLC sells and markets environmentally safe, eco-friendly and sustainable products (the “Product(s)”) from the Site to end-user customers who purchase one time, or on a periodic basis only, for their own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose.
3.2 - Pricing
Pricing can be found on the-current pricing Green Earth Frog LLC page located on the Site at: http://www.greenearthfrog.com/list_products. Shipping charges will be provided customers at check-out and are available for customer review before order is completed.The price that we will charge you for the Products will be the price as posted on the Site on the date you first order. However, Green Earth Frog LLC reserves the right to change prices for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, Green Earth Frog LLC will refund the amount paid for your most recent purchase. Refund requests must be made directly to Green Earth Frog LLC at email@example.com. All refund requests must be made within thirty (30) days of the date of shipment by Green Earth Frog LLC. Promptly following Green Earth Frog LLC’s receipt of your request (typically within five (5) business days), Green Earth Frog LLC will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card or payment method you used to make the original purchase. Notwithstanding the foregoing, Green Earth Frog LLC does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
3.4 Payment Methods; Automatic AutoShip Renewals and Cancellation Policy
You agree to pay all fees charged to your account based on Green Earth Frog LLC’s fees, charges, and billing terms in effect as shown on the payment page when you place your order. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address that you provide as the shipping address when you order, and you authorize Green Earth Frog LLC or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. Green Earth Frog LLC accepts payments through PayPal. All payments shall be made in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Green Earth Frog LLC reserves the right to either suspend or terminate your account and terminate these Terms of Service. All sales and payments will be in US Dollars.
Green Earth Frog LLC and Green Earth Frog LLC’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Green Earth Frog LLC and Green Earth Frog LLC’s third party payment service provider at the election of your credit card issuer. Neither Green Earth Frog LLC nor Green Earth Frog LLC’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
AUTOMATIC AUTO SHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE FOR EACH TIME CYCLE SELECTED. Green Earth Frog LLC will automatically renew your Product purchases on each date you have selected and, as authorized by you upon selecting AutoShip, we will charge your credit card with the applicable Product purchases and any shipping and handling costs and sales or similar taxes that may be imposed on your purchases. Each AutoShip renewal period is for the cycle determined upon sign-up.
AUTO SHIP CANCELLATION.You may cancel your AutoShip option at any time by logging in to your account within greenearthfrog.com. To cancel or change your AutoShip choices, please log in to your account on the Site and click on Reminders, then follow instructions towards revision or cancellation. All revisions or cancellation requests must be received by the first day of the month. Such requests received after the first of the month shall take effect the following month. If you have any problems, please email firstname.lastname@example.org. Green Earth Frog LLC requires a reasonable amount of time to process your AutoShip revision or cancellation request. Your AutoShip choices will remain as originally selected until the end of the then-current AutoShip term, after which your revision or cancellation will take effect.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Green Earth Frog LLC or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
"Green Earth Frog", "GEF" and "Lena Fay" are trademarks of Green Earth Frog LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Green Earth Frog LLC, Copyright © 2016 Green Earth Frog LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5– PRODUCT/IDEA SUBMISSIONS
Green Earth Frog LLC and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to GEF or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of GEF products, services or marketing strategies might seem similar to ideas submitted to GEF. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
6 – THIRD PARTY SITES; INDEMNIFICATION
6.1 – Third Party Web Sites
6.2 – Indemnification
You hereby agree to defend, release, indemnify and hold harmless each of the GEF Parties (as defined in Section 7, below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. GREEN EARTH FROG LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “GEF PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, OR PRODUCTS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND GREEN EARTH FROG LLC. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GEF OR ANY PERSON ON BEHALF OF GEF SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT THE GEF PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY GREEN EARTH FROG LLC PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A GEF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A GREEN EARTH FROG LLC PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW THE RELEVANT GEF PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID GEF FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION 8 SHALL EXCLUDE OR LIMIT ANY GREEN EARTH FROG LLC PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH GEF PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
9.1 – Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with GEF and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
9.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Tennessee, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
10.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time to time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
10.2 – General Terms
Revised July 11, 2016
©2016 GEF. All Rights Reserved. Founders Seal