Welcome to BigGreenCart.com! Please read these terms and conditions of use carefully before using BigGreenCart.com (the "Site").

BY USING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BIGGREENCART, INC., THE OWNER OF THE SITE (THE "OWNER") AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Membership Eligibility

This Site is only available to, and may only be used by, individuals who are over the age of eighteen (18) and who can form legally binding contracts under applicable law.

Use of Site/Proprietary Information

Unless otherwise noted, all information and/or material contained on the Site is the property of the Site owner and/or the party that provided the information and/or material to the owner. The Site owner and/or the party that provided the information and/or material to the Site owner retains all right, privileges, title and/or interest in the information and/or material. Accordingly, no information and/or material on the Site may be copied, distributed, republished, uploaded, posted and/or transmitted in any way without the express prior written consent of the Site owner, except that you may print out a copy of the information and/or material solely for your personal use. In doing so, you may not remove and/or alter, or cause to be removed and/or altered, any copyright, trademark, trade name, service mark and/or any other proprietary notice or legend appearing on any of the information and/or material on the Site. Modification or use of the information and/or material except, as expressly provided in these Terms of Use, violates the Site owner's intellectual property rights and shall be dealt with accordingly. Nothing contained in these Terms of Use shall be construed as conferring by implication or otherwise any license or right under any patent, copyright and/or trademark.

Posted Materials

Certain portions of this Site have been designated as areas in which registered users may post information and/or materials ("Posted Information"). These portions of the Site are publicly available to anyone who wishes to view them. By using this service and posting or transmitting to the Site for posting such Posted Information, you hereby acknowledge and agree that all Posted Information is publicly available to any viewer of the Site and is not illegal, immoral and/or unethical. You further acknowledge and agree that the Site and its owner shall have no responsibility, liability or obligation to you with regard to the Posted Information, its protection and/or its use or misuse in any way whatsoever by any individual or entity, including the Site or its owner. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of the Site's Privacy Policy.

By submitting the Posted Information for publication on the Site, you grant to the Site and its owner a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, display, modify, distribute and/or transmit, in any format and/or medium whatsoever, the Posted Information for any purpose related to the Site. You also hereby authorize any third party who lawfully accesses the Posted Information, via the Site, to make an electronic copy and/or print in hard copy the Posted Information, or portion thereof, solely for such third party's personal use.

The decision to make Posted Information available, or to use or respond to Posted Information, is yours alone. The Site owner has simply made a portion of the Site available for the publication, distribution and/or review of Posted Information. The Site and its owner are not involved in any transactions between the users who submit Posted Information and the users who view and/or use such Posted Information. The Site and its owner have no obligation to review, screen, edit and/or confirm any Posted Information either in advance of or after posting. The Site and its owner do, however, reserve the right to reject any Posted Information, as specifically set forth in the "How It Works" section of the Site. The Site and its owner may post the Posted Information but cannot and do not vouch for the accuracy and/or truthfulness and/or legality of its content. THE SITE AND ITS OWNER HAVE NO RESPONSBILITY OR LIABILITY WHATSOEVER WITH RESPECT TO THE POSTED INFORMATION. YOU ASSUME ALL RISKS AND RESPONSIBILITIES RELATING TO ANY DEALINGS AND/OR TRANSACTIONS YOU MAY HAVE WITH ANYONE WHO SUBMITS POSTED INFORMATION. The Site and its owner do not control the Posted Information since that information and material is provided by other users and is simply made available through the Site. You may find the Posted Information to be harmful, offensive, inaccurate and/or deceptive. Please use caution, common sense and practice safe trading when using the Site. By using the Site you accept any and all risks associated with such Posted Information.

Representations and Warranties for Posted Information

By registering and submitting Posted Information, you hereby represent and warrant that:

1. You have all rights, title and interest to such Posted Information including, but not limited to, any consent, authorization, release, clearance and/or license from any third party necessary for you to abide by these Terms of Use and make the Posted Information available;

2. The Posted Information does not violate and/or constitute the infringement of any patent, copyright, trademark, trade secret or other intellectual property right of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;

3. To the extent that you are advertising to transfer or sell any product, you have all rights, title and interest in and to such product to allow such transfer or sale;

4. You are who you say you are, you have not submitted fictitious, false and/or inaccurate information about yourself and all information contained in the Posted Information is true and accurate; and,

5. The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material or other material that would violate any applicable law or regulation.

You may not post, send, submit, publish and/or transmit in connection with the Site any material that:

• You do not have the right to post, including proprietary information of any third party;
• Advocates illegal activity or discusses an intent to commit an illegal act;
• Is vulgar, obscene, pornographic and/or indecent;
• Does not pertain directly to the Site;
• Threatens or abuses others, libels, defames, invades privacy, stalks and/or is obscene, pornographic, racist, abusive, harassing, threatening and/or offensive;
• Seeks to exploit or harm children or minors by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• Infringes upon any intellectual property right and/or any other right of any entity or person, including violating anyone’s trademarks, copyrights or their rights of publicity;
• Violates any law or may be considered/construed to violate any law;
• Impersonates or misrepresents your connection to any other entity or person and/or otherwise manipulates headers or identifiers to disguise the origin of the content;
• Advertises any commercial endeavor or otherwise engages in any commercial activity, except as specifically authorized on the Site;
• Solicits funds, advertisers and/or sponsors;
• Includes programs which contain viruses, worms and/or trojan horses and/or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via the Site;
• Includes mp3 format files;
• Amounts to a "pyramid" or similar scheme;
• Disobeys any policy or relations established from time to time regarding use of the Site or any networks connected to the Site; and/or,
• Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

The Site owner reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well as the right to remove and/or refuse any information for any reason. Notwithstanding these rights, you remain solely and completely responsible for the content of any Posted Information. You acknowledge and agree that the Site owner does not assume or have any liability for any action and/or inaction with respect to any Posted Information.

Violation of Terms of Use

You acknowledge that the Site owner has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of the Site owner, interfere with any other user’s access or use of the Site, or if the Site owner determine that your use of the Site is otherwise detrimental to the Site.

In addition, without limiting other remedies, the Site owner may limit your activity, immediately remove your Posted Information, your bids and/or your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach these Terms of Use or other terms and conditions related to the Site; (b) we are unable to verify or authenticate any information you provide to use; or, (c) we believe that your actions may cause financial loss or legal liability for you, our users or the Site.

Privacy Policy

The Privacy Policy for the Site, incorporated herein by this reference, also governs your use of the Site. By accessing the Site, you are indicating your acknowledgment and acceptance of the Privacy Policy. The Privacy Policy is subject to change by the Site owner at any time in its sole discretion. Your use of the Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult the Privacy Policy regularly.

Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER OF THE SITE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION AND/OR MATERIAL AND/OR GOODS AND/OR SERVICES OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.

Limitation of Liability

YOU AGREE THAT NEITHER THE SITE OWNER, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, OFFICIALS, DIRECTORS AND/OR DESIGNEES SHALL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND/OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, LOSS OF PROFITS, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS, DATA, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SITE, EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE SITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS AND/OR DESIGNEES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE SITE OWNER FOR THE GOODS, SERVICE OR USE OF THE SITE OUT OF WHICH LIABILITY AROSE.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD THE SITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, OFFICIALS, DIRECTORS AND/OR DESIGNEES HARMLESS FROM ANY CLAIM AND/OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, THAT MAY BE MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE AND/OR YOUR BREACH OF ANY OF THESE TERMS OF USE.

Security

Any and all passwords used for the Site are for individual use only. You shall be completely and totally responsible for the security of your password. The Site owner shall be entitled to monitor your password and, at its sole discretion, require you to change it.

You are prohibited from using any services and/or facilities in connection with the Site to compromise security and/or tamper with system resources and/or accounts. The use and/or distribution of tools designed for compromising security (i.e. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Site owner reserves the right to release your details to system administrators at other sites and/or law enforcement officials to assist them in resolving security incidents. By accepting these Terms of Use, you waive and hold harmless the Site owner from any claims resulting from any action taken by the Site owner during or as a result of its investigation(s).

Termination of Service

The Site owner may alter, change, suspend and/or discontinue any aspect of the Site at any time, including the availability of any Site feature, database and/or content. The Site owner may also impose limits on certain features and services and/or restrict your access to parts or the entire Site without notice or liability at any time in the Site owner's exclusive discretion, without prejudice to any legal and/or equitable remedies available to the Site owner, for any reason or purpose including, but not limited to, conduct that the Site owner believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Site owner believes is harmful to other customers or to the Site owner's business.

Waiver

The Site owner's failure to enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the Site owner's right to subsequently enforce such a provision or any other provision of these Terms of Use nor shall any delay or omission on the part of the Site owner to exercise or take advantage of any right or remedy that the Site owner has or may have hereunder operate as a waiver of any right or remedy.

Notices

Notices by the Site owner to customers shall be given by means of electronic messages or by a general posting on the Site. Notices by customers to the Site owner shall be given by electronic messages, unless otherwise specified. All questions, complaints and/or notices to the Site owner by means of electronic message must be sent to info@BigGreenCart.com. This will be the only acceptable form of communication.

Law/Disputes

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of New Jersey, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of New Jersey in connection with any dispute between you and the Site arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of use shall be in the State and Federal courts in Newark, New Jersey.

IF THERE IS A DISPUTE BETWEEN USERS OF THIS SITE, THE SITE OWNER IS UNDER NO OBLIGATION TO BECOME INVOLVED AND SHALL NOT BE A PARTY TO ANY SUCH DISPUTE. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU HEREBY RELEASE THE SITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OFFICIALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS AND/OR DESIGNEES FROM ANY CLAIMS, DEMANDS AND/OR DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

If any part of these Terms of Use shall be found to be unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforcement of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Site shall govern the items to which they pertain. The Site owner may revise these Terms of Use at any time.

Last updated: April 17, 2008

© 2008 BigGreenCart, Inc.