MyGreenerHouse - Terms of Use

The terms and conditions of these terms of use may be modified by Marshall Harris Communications Inc. ("Publisher" or "My GreenerHouse") from time to time at our sole discretion. Any modifications made will be posted to www.mygreenerhouse.ca and will become effective immediately upon their posting. The terms of use, privacy policy and security agreement contains the entire terms and conditions that apply to your (You, the user, will hereinafter be referred to as "You" or "Your") use of the website, http://mygreenerhouse.ca ("Site"). The responsibility rests on You to review this Agreement each time before You use the Site or the Services.

As long as You comply with these terms of use and any such modifications, we grant You a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site and the Services for Your own personal use, not for republication or distribution.

Registration

In order to access the content available on the Site, we require registration. Through our registration process, we require You to create a unique user account ("User Account") and password. Your User Account will be used to identify Your membership on www.mygreenerhouse.ca. You may not have more than one User Account with a corresponding e-mail address for the before mentioned User Account. By registering, You certify that the e-mail address You provide during the registration process is accurate and belongs to You and will only be used by You and the members of Your household, otherwise we have the option of suspending Your membership. You are responsible for maintaining the confidentiality of Your password and for all activities that occur under Your User Account and password. You agree to notify us immediately at contact@mygreenerhouse.ca of any unauthorized use of Your account or any other breach of security You learn about. To protect Your privacy and the privacy of others, My Greener House will keep Your e-mail address and any other personal information strictly confidential. You should refrain from using identifiers in choosing Your postings that would compromise Your privacy, for example, Your e-mail address, URLs, full name, street address, telephone or fax numbers, place of employment, etc. As a condition of Your use of the Site and the Services, You agree to update the mygreenerhouse.ca registration information with current and complete information.

You may not use anyone else's password or User Account at any time.

Termination of Your User Account

Should You attempt to take any action that is illegal or is a breach of these terms of use, or assist others in making such attempts, or distributing instructions, software or tools for that purpose, then Your User Account will be terminated. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Services or any of the systems or networks comprising or connected to the Site or the Services.

You also agree that Publisher may, in its sole discretion and without prior notice to You, terminate Your access to the Site, the Service, and/or Your User Account for any reason.

Privacy Policy

My Greener House has a privacy policy that outlines how Your personal information is collected and used. For more information regarding the My Greener House's policies governing the protection of Your personal information, please consult the My Greener House privacy policy (please click here). Any capitalized terms not defined herein are defined in the Privacy Policy. As a condition of using our Site and registering with our Service, You represent that You have first read our Privacy Policy and consent to the collection, use and disclosure of Your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy.

By establishing a User Account with us, and each time You access the Site, You grant permission for us to contact You at Your e-mail address. We may disclose any information we have about You (including Your identity) if we determine that it is necessary for the purpose of investigating any complaint regarding Your use of the Site, or if we determine that it is necessary in order to comply with any applicable law, regulation legal process or governmental request, including exchanges with other entities for fraud protection purposes.

While we take reasonable steps to safeguard and to prevent unauthorized access to Your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to Your private information. IN NO EVENT SHALL Marshall Harris Communications Inc. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY,PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PURETRACKS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Minimum Age

You must be eighteen (18) years of age or older to register with My Greener House.

Content; Copyright and Trademark Notice.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site or otherwise provided to You by My GreenerHouse.ca, through newsletters, emails or otherwise (collectively, "Content"), including but not limited to the design, selection, arrangement, "look and feel" and coordination of such Content on the Site is owned or licensed by or to us, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these terms of use, no part of the Site and no Content may be exported or re-exported from Canada, reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way (including "mirroring") to any other computer, server, website or other medium for any commercial purpose. Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and we reserve all rights not expressly granted hereunder. We expressly disclaim all responsibility and liability for uses by You of any Content obtained on or in connection with the Site.

"My Greener House" and "My Greenerhouse.ca" are trademarks or service marks of Marshall Harris Communications Inc.. The use of any trademark or service mark without our express written consent is strictly prohibited.

Objectionable Material.

You understand that by using the Site , and/or purchasing products reviewed or listed on the Site, You may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language. You agree to use the Site and the Services at Your sole risk and threat and Marshall Harris Communications Inc. shall have no liability to You for Content that may be found to be offensive, indecent or objectionable.

Prohibited Use of Site.

You may not use the Site or any Content for any purpose that is unlawful or that is prohibited by these Terms of Use. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or on any network connected to the Site. You may not take any action that imposes an unreasonable load on the Site or on our infrastructure or networks or on any networks connected to the Site. You may not use any deep-link, page-scrape, robot, spider or other device or program, or any equivalent or similar manual process to access, acquire, copy or monitor any portion of the Site or the Content.

Other Guidelines for Use

In connection with the Site, You may submit comments, materials, information or other content, including technical support questions, technical support answers or constructive feedback about product features (collectively, "User Submissions"). User Submissions may be reviewed by human moderators to ensure that they comply with these Terms of Use. In connection with User Submissions, You agree that You will not:

As a member of the Site, you agree to:

  • Not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  • Not publish falsehoods or misrepresentations that could damage us or any third party
  • Be eighteen (18) years of age or older;
  • Abide by the terms and conditions of this Agreement and all applicable local, provincial, national and international laws;
  • Not submit any reviews deemed to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, racially or ethnically objectionable or invasive of another person's privacy or proprietary rights;
  • Submit thorough reviews with accurate detail so as to help another member make an educated purchasing decision;
  • Not impersonate any person or offer misleading information as to the identity of the sender of a review or rating;
  • Not submit any reviews that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots and any other computer programs designed to damage, interfere, disrupt, impair or disable our Website;
  • Not access, download or copy any information contained on the Site through computer hacking programs or any other artificial means;
  • Not attempt to gain unauthorized access to www.mygreenerhouse.ca, its accounts or any of its connected networks;
  • Not post the same message repeatedly or post similar content or post a disproportionately large load onto our infrastructure;
  • Not behave in such a manner as to undermine the rating and review process at mygreenerhouse.ca;
  • Not to re-sell your rights or obligations of this Agreement
  • Not for any commercial, educational or non personal reason reproduce, duplicate, copy, sell, re-sell, or exploit the reviews, ratings and content of www.mygreenerhouse.ca without the express written consent of My Greener House.
  • Not to sell any goods or services or advertise in the comments section of the site.

Member Use of the Comment and Discussion Area

None of the member comments, reviews or ratings reflects the opinions of the Publisher, its officers, directors, employees or shareholders. We cannot and do not rate every comment or review however should a comment come to our attention that we deem to violate the terms of the guidelines of use, we will remove or edit the comment or review from the site. You agree that the reliance on these methods of communication for a purchase decision in the Site is at Your sole risk and expense and that it is up to You, the member, to evaluate all of the information and bear the risks associated with a purchase decision.

Distribution of Content

My Greener House does not control and has no responsibility with respect to the websites and content of the service providers and product manufacturers listed on the Site.

Disclaimers

Everything on the Site and everything sold via the Site, including all Services, information , materials, forums, tools and Content is offered by us and our third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, we cannot vouch for the quality, accuracy, completeness, or currency of any Content or information sold or provided through the Site. REGARDING DOWNLOADS, WE DO NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.

Limitation of Liability

In no event shall Publisher or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to You or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or transaction entered hereunder, whether in contract, tort or otherwise, even if Publisher or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Publisher, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount You paid to Marshall Harris Communications Inc. in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE PUBLISHER, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST MARSHALL HARRIS COMMUNICATIONS INC. IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE, STATE TO STATE OR COUNTRY TO COUNTRY. YOUR SOLE REMEDY AGAINST MARSHALL HARRIS COMMUNICATIONS INC. FOR DISSATISFACTION WITH THE SITE, OR CONTENT IS TO STOP USING THE SITE AND/OR THE CONTENT. You agree that the liability of Publisher, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount You paid to Marshall Harris Communications Inc. in connection with the transaction giving rise to such claim or $100.00, whichever is greater.

Indemnification

Indemnification. You agree to indemnify and hold harmless Publisher Inc. and its parents, sister companies, subsidiaries, affiliates, service providers, other users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to Your violation of these terms of use, or Your violation of any law, regulation or third-party right.

No Assignment

Your rights and obligations under these terms of use shall not be transferred or assigned directly or indirectly.

Severability

If any provision of these terms of use or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Applicable Law

This Site is controlled, operated and administered by its Publisher from within the Province of Ontario, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Site, You acknowledge and agree that all matters relating to access to, or use of this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily.

General

Our failure to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or right. If any provision or part thereof of these terms of use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties agree that these terms of use and all documents relating thereto will be drawn up in English.

Term

These terms of use are effective until terminated. We may terminate or suspend Your membership in the Site immediately for any reason and without prior notice to You. All provisions of these terms of use relating to, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

Contact

If You have concerns relating to this Site or these terms of use, please email us at contact@mygreenerhouse.ca