TERMS OF SERVICE
1. Access to the Site. Registration is not required to place an order or to use the Site. GER offers expanded Services via the Web through a name/password protected system.
Your username and password are referred to as your “Identification.” Your Identification must be accurate, current, and complete, and you may not provide false information to GER or impersonate another individual or entity. You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. GER will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact GER immediately at firstname.lastname@example.org if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while GER strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information or other confidential or sensitive information is at your own risk. Page | 2
2. Intellectual Property. The Services, the Site, and all information, Web Services Applications, Software, data, the GER product database, printed and electronic documentation, content that you see, hear or otherwise experience on the Site, and all compilations thereof (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to GER or its partners, affiliates, licensors, suppliers, contributors, or third parties.
No other rights or licenses whether express or implied, including, without limitation, any implied patent licenses, are granted by GER. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent permitted by law. All licenses granted herein are subject to the following restrictions: (1) you may only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) you may not copy or post the Content on any network computer or transmit, distribute, publish, display, or broadcast the Content in any media; and (3) you may not modify, translate, decompile, disassemble, reverse Page | 3
engineer, or alter the Site or the Content in any way, or delete or change any copyright, trademark, or other proprietary notice. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR WEB SERVICES APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, Web Services Applications and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
GER may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.
See the Conditions of Order for all other Warranty information related to Products.
Any cause of action against GER or its suppliers with respect to the Site, the Services, or the Content must be instituted within one (1) year from the date on which the claim arose.
Some States, including New Jersey (as to consumers), may not allow the exclusion or limitation of certain types of damages such as incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
See the Conditions of Order for all other Limitations of Liability information related to Products. Page | 4
You agree not to use the Site or any Services in any manner that violates any laws or infringes or misappropriates the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in GER sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any robot exclusion headers or other measures GER may use to prevent or restrict access to the Site.
2 TERMS AND CONDITIONS OF ORDER
Shipping Page | 5
Last Call at 12:00PM
Unless we are unusually busy most orders received before 12:00 PM EASTERN TIME (GMT-05:00) Monday to Saturday will be shipped on the same day. Orders which contain customized parts may not necessarily ship same day as there is significant processing time associated with these orders.
All orders placed with Green Energy Research, Inc., through any webstore that may be branded using the names of other entities and embedded in the websites of those other entities, are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. You agree that your order is an offer to buy, under these Conditions of Order, the Products listed in your order. Green Energy Research, Inc., (GER) at its discretion, may choose to accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order in GRE sole discretion. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. GRE may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. GRE may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that GRE will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications. Page | 6
4. Pricing and Product Information. GRE purchases all Products directly from their respective original manufacturers. GRE makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to GRE completion of your order. In the event GRE discovers a material error in the description or availability of a Product that affects your outstanding order with GRE, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, GRE will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars. GRE is not responsible for pricing, typographical, or other errors in any offer by GRE and GRE reserves the right to cancel any orders arising from such errors.
5. Payment. GRE offers the following payment methods:
For United States customers: check, money order, MasterCard, VISA, American Express, PayPal and prepaid by wire transfer as well as open account credit to qualified institutions and businesses. Payment must be made in the currency in which the order was placed.
Account Application. To obtain an account application for open account credit, submit an account application. Please allow sufficient time for the account application process. To avoid delay on your initial order, you may elect an alternative payment method.
6. Shipping Charges. Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer*, (2) all sales are made FOB NY warehouse in NY, USA.
7. Handling Charge. There is no minimum order or handling fee.
8. Taxes. Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. GRE charges sales tax unless you have a valid sales tax exemption certificate on file with GRE. GRE will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and GRE is required to pay tax on your purchase, you will reimburse and indemnify GRE for the Page | 7
amount of such tax and any related penalties or other charges, and GRE reasonable expenses incurred in connection with the payment and collection of such tax. Fax or e-mail your resale certificate and customer number to: “Attention: Sales Tax” at 866.625.8492 or email@example.com
9. Late Payments; Dishonored Checks. You shall pay to GER all costs incurred by GER in collecting on any dishonored check or on any past due amount from you, including all court costs, collection costs, and attorney’s fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay GER $40.00 as a service charge (if the check cannot be redeposited).
10. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment date. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.
WEBSITE DISCLAIMER OF WARRANTIES.
PARTY. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SECURITY & PRIVCY
GER uses Secure Sockets Layer (SSL 128-bit) technology for Internet security to protect your personal information. This encryption makes it impossible for anyone to read your information in transit. We do not store your credit information and it is deleted once it has been securely transmitted to Stripe for processing.
We use your e-mail address to let you know your shipment’s tracking number. Your phone number is required by the Courier Company. We do not sell, rent or give any of your personal information to any unrelated third parties with the exception of Stripe for authorizing credit card payments and the Courier company to let them know where to deliver the shipment and how to contact you if there is any problems.
GER uses various Google Analytics tools such as conversion tracking in order to improve the effectiveness of the website. These statistics are completely anonymous.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GER OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO: (II) THE SITE, THE SERVICES, OR THE CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION OR COMMUNICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR (VI) Page | 9
ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT; EVEN IF GER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF GER AND ITS SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
NO USE AS CRITICAL OR QPL COMPONENTS
Products sold by GER are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. In addition, you acknowledge that GER is not on the Qualified Manufacturers List (“QML”), and does not sell Qualified Product List (“QPL”) components for military applications. Any references to QPL or military specifications are for reference only, and any sales of such products by GER are for non-military use only. You agree that all such purchases are for commercial or other applications that do not require QPL components. YOU AGREE TO INDEMNIFY AND DEFEND GER AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
ALL PRODUCTS ARE SOLD ON AN “AS-IS,” “WHERE IS,” AND “AS-AVAILABLE” BASIS. GER agrees to transfer to you, at the time of sale, to the extent transferable, the warranties GER receives from manufacturers with respect to the Products sold by GER to you. COPIES OF SUCH MANUFACTURERS’ WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING GER. ON CERTAIN SPECIALLY ADVERTISED INVENTORY ITEMS, THERE ARE NO MANUFACTURER WARRANTIES OF ANY TYPE, AND SUCH PRODUCTS ARE SOLD ONLY IN Page | 10
LIMITED QUANTITY AND NO BACKORDERS OR RETURNS OF SUCH PRODUCTS ARE AVAILABLE.
GER will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. GER’s time for delivery or performance will be extended by the period of such delay or GER may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
Dispute Resolution, Limitation on Actions. The laws of the State of New York shall apply to these Conditions of Order, without regard to any conflict of law’s provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in NY, NY. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of New York. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to GER, GER may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of GER’S or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to exclusive jurisdiction and venue of the State and Federal courts of the State of New York with respect to any such injunctive or other relief. You further acknowledge that GER’S rights in its intellectual property are of a special, unique, Page | 11
extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute initiated by you must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date GER denies a warranty claim under Section 16 of these Conditions of Order.
20. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by GER of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by you by operation of law, merger or otherwise, without the prior written consent of GER. These Conditions of Order and the subject matter that they cover, including without limitation the purchase of Products, do not create any joint venture, partnership, employment, or agency relationship between you and GER or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns, and do not and are not intended to confer any rights or remedies upon third-parties.
21. Changes to the Conditions of Order. GER reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the “Date of Last Modification” will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails that GER may in its discretion send notifying you of changes to this Conditions of Order and/or other GER policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, GER may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and GER. Page | 12
The English version of these Conditions of Order shall prevail wherever there is a discrepancy between the English version and any other language version.
GER All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding Conditions of Order or wish to obtain additional information, please send an e-mail to INFO@GREENENERGYRESEARCH.COM