Terms of Use

Please read these Terms of Use carefully before accessing or using this website (the “Site”).

Acceptance of Terms

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Green Automotive Alliance, LLC (“Green Automotive”) may publish from time to time (collectively, the “Terms of Use”). Green Automotive’s Privacy Policy is deemed incorporated herein and made a part hereof by this reference. If you do not agree to all of the terms and conditions contained in the Terms of Use and Privacy Policy, do not access or use this Site.

Green Automotive may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of Earthgarage.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property; Limited License to Users

1. All content on this Site (collectively the “Content”), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, “Intellectual Property Laws”). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein Green Automotive does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

Green Automotive Tradmarks

2. For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Green Automotive.

3. Nothing contained herein grants or shall be construed to grant you any rights to use any Green Automotive Trademark, unless expressly conferred by these Terms of Use.

4. You agree that you will not use Green Automotive ‘s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks, Green Automotive or its affiliated entities.

5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Green Automotive Trademarks or the Trademark rights claimed by Green Automotive.

6. You agree that you will not use any Green Automotive Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

7. You may not at any time, adopt or use, without Green Automotive ‘s prior written consent any word or mark which is similar to or likely to be confused with Green Automotive ‘s Trademarks.

8. The look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Green Automotive and may not be copied, imitated or used, in whole or in part, without the prior written consent of Green Automotive.

9. All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Green Automotive, unless expressly so stated.

10. You may not use a Green Automotive trademark, logo, Image or other proprietary graphic of Green Automotive to link to the Site without the prior written consent of Green Automotive.

11. You may not frame or hotlink to the Site without the prior written consent of Green Automotive.

Limitations

12. You agree that you shall not:

a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Green Automotive or any third party.

b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

Restrictions and Termination of Use

13. Green Automotive may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in Green Automotive ‘s discretion, without prior notice or liability to you

Links to Third Party Sites/Purchases From Third Parties

14. IN THE EVENT THAT GREEN AUTOMOTIVE PROVIDES LINKS FROM THE SITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE SITE, YOU SHOULD BE AWARE THAT GREEN AUTOMOTIVE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF GREEN AUTOMOTIVE, AND GREEN AUTOMOTIVE PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY GREEN AUTOMOTIVE .

GREEN AUTOMOTIVE MIGHT PROVIDE INFORMATION TO ENABLE USERS OF THIS SITE TO LOCATE AND PURCHASE PRODUCTS FROM SELLERS THAT ARE INDEPENDENT OF GREEN AUTOMOTIVE. WHEN YOU MAKE A PURCHASE THROUGH ANY OF THOSE SELLERS, YOU ARE PURCHASING THE PRODUCT FROM THE INDEPENDENT SELLER AND NOT FROM GREEN AUTOMOTIVE. YOU AGREE THAT GREEN AUTOMOTIVE IS NOT AN AGENT FOR YOU OR FOR THE SELLER AND HAS NO AUTHORITY TO ACT ON BEHALF OF YOU OR ANY SELLER.

SHIPMENT OF THE PRODUCTS YOU PURCHASE FROM INDEPENDENT SELLERS ARE MADE BY THE SELLER AND NOT GREEN AUTOMOTIVE. YOU AGREE THAT GREEN AUTOMOTIVE HAS NO OBLIGATION TO SHIP TO YOU ANY PRODUCT YOU PURCHASE FROM AN INDEPENDENT SELLER. YOU AGREE TO PAY THE SHIPPING CHARGES IN FULL FOR ANY PRODUCT THAT YOU PURCHASE.

Warranties and Disclaimers

15. THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY GREEN AUTOMOTIVE UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GREEN AUTOMOTIVE MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

GREEN AUTOMOTIVE TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. GREEN AUTOMOTIVE RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. GREEN AUTOMOTIVE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED GREEN AUTOMOTIVE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Personal Information and Privacy

16. Green Automotive will use and protect your data, such as your name and address, in accordance with Green Automotive’s Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

Indemnification

17. You agree to defend, indemnify and hold harmless Green Automotive, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of any Content, or your violation of any rights of another.

Governing Law and Jurisdiction

18. This agreement is governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

Effective 9-29-08