Greenwave reserves the right to change, modify, suspend or discontinue any portion of the Software at any time. Greenwave may also impose limits on certain features or restrict your access to parts or the entire Software without notice or liability.
Use of Software
The Software are designed to provide information about, but not limited to services provided by Greenwave and its affiliates. The information and services offered on the Software are provided solely for general information, do not constitute (a) legal, tax, accounting or other professional advice, or (b) and may not be used to determine an individual’s eligibility for credit, insurance, or employment.
Proprietary GW Content
The information, data, text, software, files, icons, video clips, specifications, photographs, images, graphics, literature, technical information, advertisements, organization, layout, design, copyrighted materials, trademarks, trade dress, and other content contained on or provided through the Software (collectively, the “GW Content”) are owned by Greenwave and its licensors, and are protected by applicable United States and international copyright and other intellectual property rights, laws and treaties. The GW Content provided through the Software includes proprietary databases of commercial information, which includes information, text, photographic and other images and data contained therein, and the proprietary organization and structures for categorizing, sorting and displaying such information. The Software and GW Content include any derivatives, successors, updates or modifications provided thereto and created therefrom and any information derived from the use of the databases accessed through the Software.
You agree to treat all information and GW Content obtained from the Software as proprietary to Greenwave except for content you have uploaded to the Software. Greenwave does not ensure the accuracy of, endorse or recommend any GW Content and you accordingly agree to use such GW Content at your own risk. Greenwave grants you a limited license to access and use the GW Content solely for informational, personal, non-commercial purposes (including printing individual pages from the Software provided that you retain all copyright and other proprietary notices contained thereon) and in no manner access or use the Content (directly or through any automated device) for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way, including, without limitation, to reproduce any Content for or in connection with any other listing service or device.
Third Party Software, Third Party Content and Services
The Software and any elements contained therein may include content that is incorporated, transmitted, linked via webpage or via click-through advertising (“Third Party Content”), and include software, applications and services owned and controlled by third parties (“Third Party Services”). Nothing contained in any of the Third Party Content or Services is an offer or promise by Greenwave to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Greenwave does not make any representation or warranty with respect to such Third Party Content or Third Party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You acknowledge that Greenwave does not screen or approve Third-Party Content or Third Party Services, and that Greenwave shall have the right (but not the obligation) in its sole discretion to refuse, modify, or delete any Third Party Content or Third Party Services that is available via the Software, for any reason. You are responsible for confirming the sufficiency and reliability of any Third Party Content along with associated Third Party Services or vendors, which are provided through the Software “AS IS”, and do so at your own risk. Further, please note that certain of the interactive Third Party Content may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL ELEMENTS OF THE SOFTWARE IS AT YOUR SOLE RISK AND ITS SOFTWARE, GW CONTENT, THIRD PARTY CONTENT OR USER CONTENT (AS DEFINED HEREIN; COLLECTIVELY, THE “CONTENT(S)”), AND ITS FUNCTIONALITY IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. GREENWAVE DISCLAIMS ANY AND ALL WARRANTIES, CLAIMS, GUARANTEES OR REPRESENTATIONS WITH REGARD TO THE APPROPRIATENESS, ABILITY, ACCURACY, SUFFICIENCY, CORRECTNESS, SECURITY OF DATA OR CONTENT, THE LOSS OF ANY DATA, CONTACTS OR CONTENT, VERACITY, VALUE, COMPLETENESS, OR TIMELINESSS OF THE SOFTWARE. GREENWAVE DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, GREENWAVE DOES NOT WARRANT THAT THE SOFTWARE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SOFTWARE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, ERRORS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS THAT WILL PREVENT TRANSMISSION FAILURES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL GREENWAVE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED)), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY LOSS OF CONTENT(S), LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SERVICE, COMPUTER FAILURE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, SECURITY OF THE SOFTWARE, UNAVAILABILITY OF THE SOFTWARE, THE DELETION OF ANY AND ALL DATA AND CONTENT STORED IN YOUR ACCOUNT OR PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, PERFORMANCE OR INABILITY TO USE THE SOFTWARE OR RELATED SERVICES INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITES, AND ALL OTHER USES OF THE SITES, WHICH ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES EVEN IF GREENWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SOFTWARE IS TO DISCONTINUE ANY USE OF THE SOFTWARE SUBJECT TO ANY OTHER REMEDIES PROVIDED HEREIN.
Term of Use
User Content and Online Conduct
With respect to any and all data, contacts text, graphics, descriptions, photographs, messages, video and any other content you elect to upload, post, e-mail or otherwise transmit to Greenwave through the Software (“User Content”), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation, credentials or licenses with any person or entity. Greenwave does not guarantee the privacy or security of any Content being transmitted through the Software. By transmitting User Content to or through the Software, you grant Greenwave, its affiliates, and licensees the royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sub- licensable worldwide right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You further acknowledge and agree that Greenwave may preserve any such User Content and may also publicly disclose such User Content in its sole discretion. You grant, represent and warrant that:
(b) By posting User Content to any public area of the Software, you grant Greenwave all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Software by any party for any purpose of and rights in all User Content and/or that you otherwise control all of the rights to such User Content including, without limitation, all the rights necessary for you to transmit such User Content, and to transfer your or others” interests in such User Content to Greenwave as provided below;
(c) Any User Content you provide to Greenwave will be true and accurate;
(d) Your license of such User Content to Greenwave hereunder does not, and the use or license of such User Content by Greenwave to third parties will not, infringe any right or interest owned or possessed by any third party; and
(e) There are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content.
You also agree that if you share User Content in public areas of the Software or in shared areas available to others you’ve chosen from your account or associated accounts, anyone you’ve shared content with may use that content subject to existing laws and subject to certain account restrictions that Greenwave may provide you with pursuant to your account. If you give others access to User Content, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the User Content solely in connection with the service and other products and services made available by Greenwave except as limited by you. If you don’t want others to grant those rights, you should not use the Software to share User Content. Please also note that your account(s) may have quotas on the amount of emails you can send per month as well as storage limits. If you exceed these quotas you will be charged extra fees which will be billed to you monthly.
You expressly understand and agree that you, and not Greenwave, are solely and entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Software including any and all listings or displays of listings that you provide or otherwise make available via the Software. You also expressly understand and agree that you, and not Greenwave, are solely and entirely responsible for refraining from disclosing any confidential, private, non-public or personal information (“NPPI”). Please respect the rights of all entities, customers and other third parties whose Third Party Content may be protected by copyright. Greenwave does not guarantee the privacy or security of any User or Third Party Content being transmitted through the Software and Greenwave does not control, verify, or monitor any User or Third Party Content posted via the Software by any visitors to the Software and does not guarantee the accuracy, integrity or quality of such content. You agree that you must evaluate, and bear all risks associated with, the use of any User or Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such and acknowledge that you must independently verify any Content and not exclusively rely on any Content submitted to Greenwave or any other users of the Software through the Software.
You understand and agree that Greenwave shall have the right to use any User Content for any purpose, including without limitation, publication of all or part of such User Content on the Software and any in any other forum or medium for unrestricted use by Greenwave for its users and partners. Greenwave shall have the sole authority to choose the manner in which any User Content will be received, displayed and used by the Software, and it reserves the right to remove any User Content or refuse access to the Software to anyone at any time in its sole discretion. Greenwave shall have no obligation to (i) resolve disputes among users of the Software; or (ii) monitor or verify the accuracy or proper use of any User.
YOU ARE RESPONSIBLE FOR BACKING UP OR EXPORTING THE GW CONTENT, THIRD PARTY CONTENT AND USER CONTENT THAT YOU STORE ON THE SOFTWARE TO ENSURE YOU PRESERVE YOUR CONTENTS OUTSIDE OF YOUR ACCOUNT(S). IF YOUR SERVICE IS SUSPENDED OR CANCELED, GREENWAVE MAY PERMANENTLY DELETE YOUR OR OTHER CONTENTS FROM ITS SERVERS AT ITS SOLE DISCRETION AND YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO SUCH CONTENTS IN THE EVENT OF A CANCELLATION OR SUSPENSION. GREENWAVE HAS NO OBLIGATION TO RETURN CONTENTS TO YOU AFTER THE SERVICE IS SUSPENDED OR CANCELED. IF CONTENTS ARE STORED WITH AN EXPIRATION DATE, GREENWAVE MAY ALSO DELETE THE CONTENTS AS OF THAT DATE. CONTENT THAT IS DELETED MAY BE IRRETRIEVABLE.
REPRESENTATIONS AND WARRANTIES
• Will use the Software on a computer on which such use is authorized by the computer’s owner;
• Will pay Greenwave for any and all fees associated with your usage of the Software if applicable;
• Ensure that the origin of any link to any Greenwave product home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Greenwave home page.
• Are 18 years of age or older.
You also agree that you will not:
• Damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software;
• Obtain or attempt to obtain any materials or information through any means not made readily accessible by Greenwave through the Software.
• Access or attempt to access password protected, secure or non-public areas of the Software.
• Decrypt, defeat and/or overcome any digital rights management technology implemented with respect to the Software or data transmitted, processed or stored by the Software.
• By creating a link to the Software, you agree that:
(a) you will not employ any technology that results in the placement of content from the Software in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the appearance of the Software from how it would appear if a user typed the URL in a typical browser line;
(b) Your Software shall not display Content or link to other that contain Content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive;
(c) You have duly registered your domain name and possess all rights necessary to use the same;
(d) You shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Software. Greenwave reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Greenwave so requests.
• Send, expose, disclose, reveal, or share non-public private information through the Software without the express written consent of the owner of the information and you agree to be solely responsible and to hold harmless and indemnify Greenwave for any and all expenses, claims, damages, costs, liability and legal actions for unauthorized sharing of NPPI or other private information through the Software.
• Remove or conceal any proprietary notices from the Software;
• Cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, hacking or disassembling of the Software, including any Content(s) or any other elements contained or offered by the Software;
• Use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any GW Content or portion of the Software;
• Use this Software for the benefit of any third party or any manner not permitted by the licenses granted herein;
• Use the Software or submit any User Content to generate or send any unsolicited commercial email (Spam);
• Copy any elements of the Software (other than as expressly provided under United States copyright laws);
• Access, create or modify source code of the Software in any way;
• Use the Software to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or real estate practice having the force of law, including but not limited to the Gramm-Leach-Bliley Act, SB 1386, CAN-SPAM, Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
• Impersonate any person or entity, or falsely state or otherwise misrepresent or inaccurately display your credentials, qualifications, listings, affiliations with a person or entity, post, upload or otherwise relay information which is misleading to others, including consumers; or otherwise disguise the origin of any User Content;
• Submit or publish User or Third Party Content that solicits funds or services, contains or includes any virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Software; or
• Use this Software to develop, generate, upload, post, display transmit or store information or User Content that:
(a) infringes any third party’s intellectual property (including but not limited to patent, trademark, trade secret copyright or other proprietary rights of any party);
(b) is unlawful, threatening, harassing, tortious, defamatory, libelous, pornographic, an invasion of privacy, obscene, abusive, hateful, vulgar, illegal, racist, offensive or harmful; or
(c) In any way obstructs or otherwise interferes with the normal performance of another person’s use of the Software.
Greenwave may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Greenwave to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. If Greenwave has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or in breach, Greenwave may suspend or terminate your account, deny any or all use of the Software, and pursue any appropriate legal remedies. In addition, Greenwave reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
Accounts and Security
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify Greenwave of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Software under your user name and password.
Greenwave shall provide you with the opportunity in your account settings to opt out of receiving third-party message or marketing materials and/or of opting out of client, lender or task related messages. However, Greenwave reserves the right to contact you for critical system, client or other service, invoice or specific Greenwave related messages that may require you to take certain actions. You also agree that any phone conversations that you may have with Greenwave concerning or related to the Software, the Content(s) and/or your Account(s) may be recorded by Greenwave for training purposes.
Greenwave will charge you for your use of certain functionality on the Software and GW Content that may be provided through those sections of the Software such as monthly subscriptions, product upgrades, service fees, purchases, product features, or other services offered through the Software (“Paid Feature(s)”). You agree to timely pay for all Paid Features of the Software that you utilize whether by credit card, debit card, ACH, PayPal or other means provided by the Software. For each Paid Feature that you agree to purchase, you will be charged a fee according to the current Greenwave fee structure for each Paid Feature that will be provided to you before purchase.
Notification of Copyright Infringement
Greenwave will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Software, please notify Greenwave’s Legal Department.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed (“Infringed Work”) and identification of what material in such work(s) is claimed to be infringing (“Infringing Work”) and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the file on the Software (and the location of the file, if it appears on the Software that you claim is infringing or if the Infringed Work appears on a site linked to from the Software where the material that you claim is infringing is located on such site; (d) information sufficient to permit Greenwave to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
To reach Greenwave’s IP Agent for Notice of claims of patent, trademark, or copyright infringement, send your Notice to IP Administrator, Legal Department, Greenwave Holdings, Inc., 133 Technology Drive, Suite 200, Irvine, CA 92618, or via electronic mail at firstname.lastname@example.org. The Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through the Software.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Greenwave used herein are trademarks or registered trademarks of Greenwave. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Electronic Signatures and Agreements
©2015 Greenwave Reality, Inc., d/b/a Greenwave Systems, Inc. All rights reserved.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
(a) Installation and Use.
GreenWave Reality Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from GreenWave Reality Inc. websites may be freely distributed.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
GreenWave Reality may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.