Your use of Green Lane Innovations, LLC’s (“Green Lane”) routers, home automation products, cloud services, software, and website (collectively referred to herein as the “Products”) is expressly conditioned upon your acceptance of the following terms and conditions (the “Agreement”). If you do not agree with any of the terms or conditions set forth below, you must not use the Products.
- You acknowledge and agree that Green Lane and/or its licensors own all legal right, title and interest in and to the Products, including any and all intellectual property rights related thereto and that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including, but not limited to, copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Products in compliance with this Agreement. None of the content, data, or information found within or accessible through the Products (with the exception of your own content, data, and information) may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified in any form without the express written permission of Green Lane.
- The trademarks, logos, and service marks displayed within the Green Lane website (having a home page located at www.homescreenrouter.com) and within the user interface of all software, routers, and home automation products offered by Green Lane, including, without limitation, GREEN LANE, HomeScreen, and others (collectively, the “Trademarks”) are registered or common law Trademarks of Green Lane, or its affiliates, providers, or various third parties in the United States and/or other countries. Green Lane is not granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Green Lane or such other party that may own the Trademarks.
- The exterior designs, configurations, and functionalities exhibited by certain Products are subject to one or more issued design patents and/or pending utility patent applications. Green Lane is not granting, by implication, estoppel, or otherwise, any license or right to use any of such patent rights without the written permission of Green Lane.
- Software License
- Green Lane and/or its licensors grant you a personal, non-exclusive, non-transferable, limited license to use the software as provided to you as a part of the Products and in accordance with this Agreement, provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the software, and you shall not exploit the Products in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE PRODUCTS, EXCEPT FOR USE OF THE PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
III. Use of the Products
- You represent and warrant that you will use and operate the Products according to Green Lane’s recommendations and you agree that it is your responsibility to visit www.homescreenrouter.com periodically to review Green Lane’s operating conditions and requirements for the Products. Use of the Products requires compatible devices, may require periodic updates, and may be affected by the performance of these factors. Although Green Lane’s home automation products, Internet routers, and related cloud services are intended to be compatible with certain home networks and appliances, Green Lane makes no representations, warranties, or guarantees of any kind regarding such compatibility. Furthermore, Green Lane makes no representations, warranties, or guarantees of any kind regarding the ability of its Products, and particularly its home automation products, to effectively control any network or appliance within your home (or other building).
- In the event that you decide to use a certain dedicated area of the Products, such as any type of private account page within a website controlled by Green Lane (e.g., through Green Lane’s cloud services), which is described to be “secure” or not generally accessible to the public, you agree and acknowledge that Green Lane shall not be responsible for, and you hereby waive any and all claims arising from, any failure of the Products to maintain such security and/or to preclude members of the general public from accessing and viewing such areas of the Products.
- Any unauthorized use of any content, material, data, or information contained within or accessible through use of the Products, including information and data transmitted to Green Lane in connection with its cloud services by others, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content, material, data, or information, including its unauthorized reproduction, modification, distribution, or republication, without prior written permission of Green Lane, or other third party if applicable, is strictly prohibited. The use of such content, material, data, or information within any third party website or in any other environment of networked computers is strictly prohibited.
- The Products may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization. In addition, with respect to Green Lane’s home automation products and related cloud-based services, you agree not to use such Products to access, control, interfere with, or otherwise affect any network or appliance of any third party.
- Use of the Products and software may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Products may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the software or Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products or software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. This assurance and commitment shall survive cancellation and termination of this Agreement.
- When you submit or transfer any content, material, data, or information to Green Lane or its servers using or through the Products, you are granting Green Lane, and any third-party service providers and affiliates, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, material, data, or information in any and all media or distribution methods. You represent and warrant that: (i) you own or otherwise control all rights in and to all such content, material, data, or information, or that the same is otherwise within the public domain, (ii) that you have full authority to submit such content, material, data, or information and to grant the foregoing license set forth herein, and (iii) such content, material, data, or information and any publication thereof within or through the Products does not and will not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, privacy , publicity, contract, statutory, common law or any other rights. The content, material, data, or information that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. Green Lane does not claim any ownership of the content that you submit, transfer, or provide to Green Lane using or through the Products.
- If your use of the Products interferes with others’ use and enjoyment of the Products offered by Green Lane, such use shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Green Lane will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Distribution of viruses, worms, Trojan horses and other destructive activities.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail, text, or other form of messaging.
- Other activities, whether lawful or unlawful, that Green Lane determines to be harmful to its Products, users of such Products, or Green Lane’s affiliates, operations, service providers or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Products.
- Unless otherwise expressly authorized by Green Lane, using the Products and/or the information contained therein to send unsolicited, commercial mass e-mails, texts, or other messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited.
- You shall not, in connection with your use of the Products, publish or transmit any information, data, text, comments, images, files, links, or other material that is, or which Green Lane considers in its sole and exclusive discretion, to:
- Be unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, obscene, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable;
- Sell or promote any products or services that are unlawful;
- Infringe or violate any copyright, patent, trademark, trade secret or other intellectual property right of any person or entity;
- Harass, embarrass, demean or cause distress or discomfort upon another user or other individual or entity;
- Impersonate, spoof or parody any other person or entity; and/or
- Include any personally identifying information or private information of another person or entity.
- If Green Lane becomes aware that a user of the Products is in violation of this Agreement, Green Lane reserves the right to immediately suspend or terminate such user’s access to the Products without notice, and to immediately remove any information, data, or content that violates the terms of this Agreement.
- Copyright Notice – DMCA
Pursuant to the Digital Millennium Copyright Act (the “DMCA”), you may file a notification of claimed infringement (“Notification”) with the Designated Agent of Green Lane identified below if you believe that a Web page hosted by Green Lane is violating your rights under U.S. copyright law. (See Title 17, United States Code, Section 512(c)(3)). If you believe that any content in which you claim copyright has been infringed by anyone using the Products, please contact Green Lane’s Designated Agent as described below. Green Lane may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
- Procedure for Making Claim of Copyright Infringement
To serve a Notification on Green Lane, send your Notification to:
Email Address of Designated Agent: firstname.lastname@example.org
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) be delivered to the Designated Agent of Green Lane.
In order for such a complaint to be effective under the DMCA, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Green Lane to locate the material.
- Information reasonably sufficient to permit Green Lane to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information described in 1 through 6 above, Green Lane will:
- Remove or disable access to the material that is alleged to be infringing.
- Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
- Counter Notification
If a notice of copyright infringement has been filed against you, you may file a counter notification (“Counter Notification”) with Green Lane’s Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Green Lane may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of the written Counter Notification containing the information as described in 1 through 4 above, Green Lane will:
- Promptly provide the complaining party with a copy of the Counter Notification.
- Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless Green Lane’s Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringing party from engaging in infringing activity relating to the material on Green Lane’s system or network.
NOTE: Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. (See Title 17, United States Code, Section 512(d)).
NOTE: The information in this Section IV is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. copyright law have been infringed, you should consult an attorney.
- Your Account
As a user of the Products, you may choose to create an account (“Account”). If you create an Account, you must enter your email address and create a password. You agree and confirm that you will provide accurate and complete information when you create your Account, and you agree to update your information to keep it accurate and complete. Failure to provide accurate, current and complete information may result in the suspension and/or termination of your Account. You agree that Green Lane may use the information you provide for use in maintaining and billing fees to your Account.
Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Green Lane of any security breach of your Account. You further acknowledge and agree that the Products are designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Green Lane shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
- Access and Use of Your Account
Green Lane reserves the right to take steps Green Lane believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Green Lane may, without liability to you, access, use, preserve and/or disclose your Account information and content to law enforcement authorities, government officials, and/or a third party, as Green Lane believes is reasonably necessary or appropriate, if legally required to do so or if Green Lane has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Green Lane, its users, a third party, or the public as required or permitted by law.
VII. Age / Responsibility / Identity
- You represent and warrant that you are of sufficient legal age to use the Products and to create binding legal obligations for any liability you may incur as a result of the use of the Products. You understand that you are financially responsible for all uses of the Products by you and those using the Products on your behalf.
- You represent and warrant that all information and data submitted to Green Lane, including in connection with your registration with the Products and during your establishment of a username and password (e.g., to access and use Green Lane’s cloud-based home automation services), are complete and accurate. In the event that any such information becomes inaccurate, you agree to update and correct such information within or using the Products.
- You agree not to share your password with any third party. If you learn or suspect that your Account has been compromised and/or that a third party may have gained access to your password, you will notify Green Lane immediately.
VIII. User Information
With respect to certain of Green Lane’s Products, particularly its home automation products, remote control devices, and related software applications, Green Lane may collect and aggregate data related to your usage of such Products, including, without limitation, data that indicate how frequently you are using certain features of such Products. In addition, Green Lane may further delegate such data collection and analytic procedures to a third party (and/or utilize a third party software program in connection with such data collection and analytic procedures).
You agree that Green Lane and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, technical information about your computer, system, WiFi and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Products, and to verify compliance with the terms of this Agreement. To enable Green Lane’s partners and third party developers to improve their software, hardware and services designed for use with the Products, Green Lane may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
- Exclusions of Warranty & Disclaimers
- While efforts have been made to make the Products helpful, functional, reliable, and accurate, due to the open nature of the Products, the reliance on third party networks, the reliance on appliance and network compatibility issues, and the potential for errors in the storage and transmission of digital information, Green Lane does not warrant the functionality, reliability, or accuracy of the Products or any information obtained using or through the Products.
- Green Lane hereby disclaims any and all damages, claims, and responsibility arising from any problems, loss of data or information, failure to properly operate a home network or appliance, or any other damages that you may experience that arise from your use of or reliance on the Products.
- GREEN LANE MAKES NO WARRANTY OF ANY KIND REGARDING THE PRODUCTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. GREEN LANE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, FUNCTIONALITY, OR RELIABILITY OF ANY OF THE PRODUCTS. GREEN LANE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, GREEN LANE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR (II) ANY DEFECTS OR ERRORS IN THE SOFTWARE OR PRODUCTS PROVIDED TO YOU WILL BE CORRECTED.
- GREEN LANE DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND GREEN LANE DISCLAIMS ANY LIABILITY RELATING THERETO. GREEN LANE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PRODUCTS. IN NO EVENT SHALL GREEN LANE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO REAL PROPERTY, DAMAGES TO TANGIBLE PROPERTY, LOST PROFITS, OR LOST DATA), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE PRODUCTS, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY PRODUCT), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY GREEN LANE OR ANY OF ITS PRODUCTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Limitation of Liability
- To the extent permitted by applicable law, Green Lane’s liability shall be limited to the total amount paid by you for use of the Products. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement.
- EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER GREEN LANE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE PRODUCTS (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE PRODUCTS OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF E-MAIL OR OTHER INFORMATION OR DATA).
- ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
- NEITHER GREEN LANE NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO YOUR CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY GREEN LANE, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS, GREEN LANE SHALL PAY AT ITS SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
- All limitations and disclaimers stated in this Agreement also apply to Green Lane’s third party contractors, as third party beneficiaries of this Agreement.
- All representations, indemnifications, and limitations of liability contained in this Agreement shall survive the cancellation or termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before cancellation or termination or if, by their terms, they would be expected to survive such cancellation or termination.
- Access to Green Lane Applications
While using the Products, you may choose to link to applications that are affiliated with Green Lane (“Green Lane Applications”). You understand that your use of the Products to link to Green Lane Applications is expressly conditioned upon your acceptance of the terms and conditions and privacy policies associated with such Green Lane Applications, in addition to your acceptance of the terms and conditions of this Agreement.
XII. Third Party Content
- While using the Products, you may choose to link to websites, applications, and software of one or more third parties that are not affiliated with Green Lane. Green Lane is not responsible for the contents of those third party websites, or any subsequent links, and has no control over the contents therein, nor is Green Lane responsible for the functionality or problems associated with any software that is controlled by any third party.
- Green Lane is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website (or third party applications or software) is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites (or use other applications or software) in connection with the Products, you do so at your own risk.
- Green Lane does not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of Green Lane, and Green Lane does not endorse the contents of such third party websites in any way.
- Your use of such third party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources and you are responsible for all such fees.
- All references to third party products, services, companies, programs, and websites on the Products, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that Green Lane is in any way affiliated with any third party. All third party trademarks displayed on the Products are the property of their respective owners.
XIII. Violations of this Agreement
Green Lane reserves the right to take steps Green Lane believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Green Lane may, without liability to you, access, use, preserve and/or disclose your Account information to law enforcement authorities, government officials, and/or a third party, as Green Lane believes is reasonably necessary or appropriate, if legally required to do so, or if Green Lane has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Green Lane, its users, a third party, or the public as required or permitted by law.
In the event you violate or attempt to violate any part of this Agreement, Green Lane reserves the right to terminate your access to the Products immediately, in its sole discretion, with or without notice of any kind. Green Lane also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Products.
You agree that you shall be responsible for and shall indemnify, defend, and hold harmless Green Lane and its affiliates, officers, directors, employees, suppliers, agents, contractors, and representatives and shall reimburse Green Lane for any damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) incurred by Green Lane in connection with any and all claims, proceedings, suits, judgments, and causes of action arising out of (a) any violation of applicable laws or regulations by you (or any parties who use your Products, with or without your permission); (b) your use of the Products; (c) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Products; and/or (d) your breach of any provision of this this Agreement, regardless of the nature of the cause of action or claim.
- Electronic Communications
You agree that Green Lane may communicate electronically by e-mail and/or may make communications available to you by posting them on the Products website, and that such communications, as well as notices, disclosures, agreements, and other communications that Green Lane provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Green Lane.
XVI. Dispute Resolution
YOU MUST CONTACT GREEN LANE WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
You and Green Lane agree that you will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify Green Lane of the dispute by sending a written description of your claim to Green Lane Innovations Customer Care, email@example.com so that Green Lane can attempt to resolve it with you. If Green Lane does not satisfactorily resolve your claim within thirty (30) calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor Green Lane may initiate arbitration without first providing the other party notice of the claim and following the informal dispute resolution procedure provided in this Section.
- Any and all rights not expressly granted to you in this Agreement are hereby reserved by Green Lane.
- This Agreement and its performance shall be governed by the laws of the State of Georgia, United States of America, without regard to its conflict of laws provisions.
- You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Green Lane may assign this Agreement to any purchaser of all or substantially all of the assets to which this Agreement relates.
- Green Lane may at any time amend and modify this Agreement and your continued use of the Products will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.
- These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Green Lane does not waive any provision or right Green Lane fails to insist upon or enforce strict performance of any provision of this Agreement.
- This Agreement constitutes the entire agreement and understanding between you and Green Lane relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.
- This Policy applies to Green Lane’s treatment of personally identifiable information that a third party data collector (“Third-Party Data Collector”) collects through Green Lane’s website and when you use Green Lane’s Products. We require the Third-Party Data Collector to assure at least the level of confidentiality we maintain. We also prohibit the Third-Party Data Collector from using your information for any other purpose except as set forth herein. The Policy does not apply to practices of companies whose websites may be linked to Green Lane’s site. For access to the privacy policies of such linked sites, please refer to the information provided by such sites.
- The Third-Party Data Collector collects personally identifiable information when you request information from Green Lane, utilize the Green Lane website, purchase or use Green Lane’s cloud-based home automation services, and/or purchase other services through our website (or through other Products). On such occasions, Green Lane may ask for your name, mailing address, telephone number, e-mail address, credit card information, age, gender, and/or other personal information. The Third-Party Data Collector also receives and records information from server logs from your browser including cookie information relating to pages requested and the like. Green Lane does not seek to collect such information from persons under the age of 18. If you are under the age of 18, please do not submit any such information to us. If you are the parent or guardian of a person under the age of 18 who has provided such information to us, please inform us and we will remove such information from our database as described further below. You understand that the removal of such information from our database may terminate your access to certain Product features.
- We consider any personally identifiable information we receive about you to be confidential, and it is our policy to use it only in providing our websites and Products. We may also use such information in dealing with fraud and unauthorized use of our Products. Green Lane may associate personal account information with data from third parties about you or similar persons to better predict your Product preferences for use in programming, advertising transactions and to market our Products to you.
- With respect to certain of Green Lane’s Products, particularly its home automation products, remote control devices, and related software applications, the Third-Party Data Collector may collect and aggregate data related to your usage of such Products, including, without limitation, data that indicate how frequently you are using certain features of such Products. In addition, the Third-Party Data Collector may further delegate such data collection and analytic procedures to a third party (and/or utilize a third party software program in connection with such data collection and analytic procedures).
- No person (of any age) is required to provide Green Lane with the personally identifiable information we request. If you do not wish to provide such information, you are free not to do so. Your provision of requested information to Green Lane through our Products or other means is presumed by us to be voluntary and with your consent to the uses described herein. If, after submitting personally identifiable information to us, you wish that we not use or store your personally identifiable information, please contact us as noted above and we will ensure that your information is removed from the database and other records. You understand that the removal of such information from our database and other records may terminate your access to certain Product features.
- Green Lane may use your personal information to customize services, information, and content that we present to you, to contact you concerning specials and new services and to enhance our service offerings, and for other purposes.
- You are entitled to request access to and correction of all your personal data collected by the Third-Party Data Collector via our website, as well as to require us to delete your data if you no longer want us to use it. You can make such a request or a related inquiry by sending an e-mail to firstname.lastname@example.org. We will keep your data as long as it is reasonably necessary for the purposes described in these terms. You may choose not to receive unsolicited marketing material from Green Lane and you have the right to request deletion of your Green Lane account information, subject to Green Lane’s need to keep appropriate archives of its business operations. You understand that the deletion of such account information from our database may terminate your access to certain Product features.
- Our Products are not directed at, or intended for use by, children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information on our websites. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us at email@example.com and we will delete the information. You understand that the deletion of such information from our database may terminate your access to certain Product features. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at http://www.ftc.gov.
- Green Lane employs reasonable measures to maintain all personally identifiable information provided by you on computer servers in a controlled and secured environment, in an effort to hinder unauthorized access, loss, alteration, use or disclosure of such information. However, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons. Because of the international nature of the Products offered by Green Lane and the nature of Green Lane’s business, personal data may, subject to applicable law, be transferred internationally for the purposes described above. This may mean that personal data are transferred to countries which do not have laws or regulations which protect personal data. We use reasonable measures to limit the disclosure of the data you provide to us only to certain staff within Green Lane and its affiliates and the Third-Party Data Collector (i.e., staff whose job it is to process your inquiries or otherwise to administer the Products, and those staff involved in the provision of Green Lane’s Products which may be of interest to you) and to require that they process the data only for the purposes identified in this Policy.
- We may receive legal requests for customer information from government and law enforcement personnel. We also may receive discovery requests in civil cases. In all such cases, we cooperate by providing the information required by law. Green Lane does not volunteer customer information or give access to customer communications to law enforcement or others unless (a) we have a good faith belief that an emergency involving an immediate danger of death or serious physical injury requires disclosure or (b) we have a good faith belief it is necessary to: (i) comply with the law; (ii) protect our rights or property or those of others; (iii) respond to fraud, abuse or unauthorized reception; (iv) enforce this Agreement; or (v) act in an emergency to protect your safety or that of another.
- Green Lane may make modifications or amendments to this Policy from time to time. In the event that such changes alter how Green Lane gathers, processes, uses or discloses your personally identifiable information, Green Lane will provide notice of such changes either by posting changes at www.homescreenrouter.com or by sending an email to the email address you provide to us, or both. You agree that it is your responsibility to visit the website periodically to review this Policy and any changes hereto. We will indicate at the top of this page the date this Policy was last changed. Changes to this Policy will be effective on the date noted in the posting and/or email we send to you.
* * * *