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II. Modifications to This Agreement We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications are effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself informed of any changes.
III. Content You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (referred to hereafter as "Content") posted on, transmitted through, or linked from The Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (referred to hereafter as "Item") of Content that you post, email or otherwise make available via The Service. You understand that The Greensheet does not control, and is not responsible for Content made available through The Service, and that by using The Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The Greensheet site and Content available through The Service may contain links to other websites that are completely independent of The Greensheet. The Greensheet makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The Greensheet be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, shared through social media or otherwise made available via The Service. You acknowledge that The Greensheet does not pre-screen or approve Content, but that The Greensheet shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via The Service, for violating the letter or spirit of the TOU or for any other reason.
IV. Notification of Claims of Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact The Greensheet for notice of claims of copyright or other intellectual property infringement at customerservice@TheGreensheet.com. Or:
- The Greensheet
2601 Main St
Houston, TX 77002
Please provide us with the following:
- Identification of the material on The Greensheet site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
The Greensheet will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
V. Conduct You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or harmful to minors in any way;
- that is pornographic or depicts sexual conduct;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any employment advertisement a preference or requirement based on race, color, religion, sex, national origin, age, or disability. (with respect to employers that employ four or more employees) that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- that impersonates any person or entity, including, but not limited to, an employee of The Greensheet, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing", "link referral code";
- that constitutes "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of The Greensheet sites which are not designated for such purposes; or emailed to users of The Greensheet who have not indicated in writing that it is OK to contact them about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services";
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to The Service, or that otherwise negatively affects other users' ability to use The Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through The Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- make unsolicited contact with anyone for any commercial purpose;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from The Service - unless expressly permitted by The Greensheet;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- contact anyone who has asked not to be contacted;post the same item or service in more than one classified category or forum;
- contact anyone who has asked not to be contacted;
- attempt to gain unauthorized access to The Greensheet’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, The Service or The Greensheet website; or
- use any form of automated device or computer program that enables the submission of postings on The Greensheet without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
VI. Paid Postings We may charge a fee to post Content in some areas of The Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to The Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from The Service for violating the TOU.
VII. Access to The Service The Greensheet grants you a limited, revocable, nonexclusive license to access The Service for your own personal use. This license does not include:
- (a) access to The Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of The Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The Greensheet. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to The Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose Internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
The Greensheet permits you to display on your website, or create a hyperlink on your website, to individual postings on The Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by The Greensheet to do so. You may also create a hyperlink to the home page of The Greensheet sites so long as the link does not portray The Greensheet, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of The Service beyond the scope of authorized access granted to you by The Greensheet immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of The Service or any Content made available via The Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from The Greensheet.
VIII. Termination of Service You agree that The Greensheet, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of The Service (or any part thereof), immediately and without notice, and remove and discard any Content within The Service, for any reason, including, without limitation, if The Greensheet believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that The Greensheet shall not be liable to you or any third party for any termination of your access to The Service. Further, you agree not to attempt to use The Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
IX. Proprietary Rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through The Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Greensheet. You further agree not to reproduce, duplicate or copy Content from The Service without the express written consent of The Greensheet, and agree to abide by any and all copyright notices displayed on The Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in The Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of The Service.
Although The Greensheet does not claim ownership of content posted by users, by posting Content to any public area of The Service you automatically grant, and you represent and warrant that you have the right to grant, to The Greensheet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of The Service, you automatically grant The Greensheet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on The Service by any party for any purpose.
X. Disclaimer of Warranties You agree that use of The Greensheet site and The Service is entirely at your own risk. The Greensheet site and The Service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, The Greensheet disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of The Greensheet site and The Service. To the fullest extent permitted by law, The Greensheet disclaims any warranties for other services or goods received through or advertised on The Greensheet site or the sites or service, or accessed through any links on The Greensheet site. To the fullest extent permitted by law, The Greensheet disclaims any warranties for viruses or other harmful components in connection with The Greensheet site or The Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
XI. Limitations of Liability Under no circumstances shall The Greensheet be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if The Greensheet has been advised of the possibility of such damages), resulting from any aspect of your use of The Greensheet site or The Service, whether the damages arise from use or misuse of The Greensheet site or The Service, from inability to use The Greensheet site or The Service, or the interruption, suspension, modification, alteration, or termination of The Greensheet site or The Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with The Greensheet site or The Service or any links on The Greensheet site, as well as by reason of any information or advice received through or advertised in connection with The Greensheet site or The Service or any links on The Greensheet site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
XII. Indemnity You agree to indemnify and hold The Greensheet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through The Service, your use of The Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
XIII. General Information The TOU constitute the entire agreement between you and The Greensheet and govern your use of The Service, superseding any prior agreements between you and The Greensheet. The TOU and the relationship between you and The Greensheet shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and The Greensheet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas. The failure of The Greensheet to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: customerservice@theGreensheet.com
XIV. Violation of Terms and Liquidated Damages Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for The Greensheet to pursue legal action to enforce these Terms, you will be liable to pay The Greensheet’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, The Greensheet retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.