Please read the following terms & conditions (the “Terms”) carefully before using this WEBSITE (the “Site”).
This WEBSITE (the “Site”) for Green CT is created and operated by Vatech America, Inc. (“VATECH”). Throughout the Site, the terms “we”, “us” and “our” refer to VATECH. This agreement (“Agreement”) is intended to set forth the terms and conditions in accessing this Site, making purchases through the Site, or using any information contained on this Site.
- General Conditions
Your use of the Site shall be deemed to be your agreement to each of the terms and all applicable laws set forth below. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into the Terms herein, and any reference to the Terms includes the Additional Terms.
By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. VATECH shall not be liable for any damages to your equipment resulting from the use of this Site.
- Proprietary Information
All information, documents, products and services, trademarks, logos, graphics, and images (“Materials”) provided on this Site are copyrighted and trademarked and are the property of VATECH or have been licensed to VATECH for VATECH’s use. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and the laws of privacy and communication statutes.
You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from VATECH.
Users shall not provide copyrighted of other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnity VATECH and our subsidiaries for any claim that the information or materials submitted by you infringe any third-party intellectual property right. You grant VATECH a nonexclusive license to use, copy, edit, modify, transmit, and distribute any information or material submitted through the Site by you on our Site, social media platforms or in our newsletter. VATECH disclaims any title or ownership of the information or materials submitted.
- Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or our content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
- Your Account
You may be required to register with VATECH in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to VATECH including those set forth in these Terms & Conditions, VATECH reserves the right, in our sole discretion, to terminate your account or refuse service to you.
- User Comments
VATECH is not responsible for any public user comments, do not vouch for or warranty the accuracy, completeness or usefulness of any comment, and is not responsible for the contents of any comment. The comments express the views of the author of the comment, not necessarily the views of the Site Administrators or any entity or individual associated with VATECH. Any user who feels that a posted comment is objectionable is encouraged to contact the Administrators immediately by e-mail. The Administrators may in their discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular comments may not occur immediately. You remain solely responsible for the content of your comments, and you agree to indemnify and hold the Site harmless with respect to any claim based upon transmission of your comment(s).
- User Submissions
You grant VATECH a nonexclusive license to use, copy, edit, modify, transmit, and distribute any information or material submitted through the Site by you on our Site, social media platforms or in our newsletter. VATECH disclaims any title or ownership of the information or materials submitted.
- Personal Information
- Third-Party Links
Certain content and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Errors, Omissions, and Interruptions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
We are not responsible if information made available on the Site is not accurate, complete or current. The Material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our site.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of VATECH, and VATECH shall not be responsible for any data lost while transmitting information on the Internet. While it is VATECH’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of VATECH, access to the Site may be interrupted, suspended or terminated from time to time. VATECH shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, VATECH may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
- Disclaimer of Warranties
VATECH does not represent or warrant that the Site or our server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
YOU HEREBY EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER VATECH, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY VATECH ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. VATECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM VATECH ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, VATECH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- Limitation of Liability
In no case shall VATECH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products or Materials procured using the Site, or for any other claim related in any way to your use of the products or Materials, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, products, or Materials posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In addition to any other indemnifications by you set forth elsewhere in this Agreement, you agree to indemnify, defend and hold harmless VATECH and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. To the extent permitted under applicable laws, you hereby release the Indemnified Parties, as defined herein from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
- HIPAA Compliance
To comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you agree that you will not submit any information or materials containing Protected Health Information (“PHI”). PHI is information or materials relating to an individual’s medical condition or care and from which an individual can be identified. You further agree to indemnify, defend and hold harmless VATECH and our affiliates and their respective officers, directors, agents and employees from, for and against any claim, demand or cause of action, including payments of reasonable attorneys’ fees and costs arising out of or related to any violation of HIPAA or failure to comply with the terms of this section. If VATECH determines that you have distributed PHI on the Website without de-identifying it as required by HIPAA, it will so notify you and may remove the information or materials and suspend or terminate your right to access the Site.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products (or any part thereof).
- Entire Agreement, Waiver & Interpretation
These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Materials, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The Site is controlled and operated by VATECH from the United States, and is not intended to subject VATECH to the laws or jurisdiction of any state, country or territory other than that of the United States. VATECH does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Viewing and using of any services and materials on the Site constitutes your approval of the Terms. Any action related to these Terms will be governed by the laws of the State of New Jersey to resolve any interpretations or disputes and conflicts that arise from this Site.
- Binding Arbitration
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against VATECH arising out of, relating to, or connected in any way with this agreement, this Site, or the purchase and/or use of any products or services shall be resolved exclusively by final and binding arbitration administered; (2) the arbitration shall be held in the county of Bergen, state of New Jersey, or at such other location as may be mutually agreed upon by you and VATECH; (3) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the end user’s and/or VATECH ‘s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with our terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- Attorney’s Fees
If either party files an action at law or equity or initiates arbitration, the prevailing party shall be entitled to their attorney’s fees and court costs as part of the judgment or arbitration.
- Changes to These Terms
VATECH may make improvements and/or change information or products described in this Site, if any, at any time without notice, and further agree that VATECH can revise these Terms at any time without notice by updating this posting. Your continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms. We strongly recommend that you periodically review these terms and conditions as such terms and condition shall be subject to modification.
- Communications and Notices
Your use of the Site is your consent that VATECH is authorized to communicate with you via electronic newsletters, agreements, notices, disclosures, and promotional email. We may also transmit email to you for the purpose of informing you about your particular transaction. Unsubscribe instructions are included in each promotional email.
In the case of notices VATECH sends to you, you consent to receive notices and other communications by VATECH posting notices on the Site, or sending you an email at the email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that VATECH provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. All notices to VATECH shall be addressed to the below provided contact information.
Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Contact Information
VATECH may be contacted at:
VATECH AMERICA, INC.
2200 Fletcher Ave., Suite 705A
Fort Lee, NJ 07024
Toll Free: (888) 396-6872
Local: (201) 210-5028
I HAVE READ THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
(Last Updated: November 22, 2017)