Terms of Use
Acceptance
Mrgreenpoints.com (MR Greenpoints) provides its service to you, subject to the following Terms of Use (“TOU”). Before you may register or use mrgreenpoints.com, you must read and accept all of the following terms and conditions. Use of the Site and the services offered here constitutes your acceptance of all terms, conditions, policies and notices stated in the TOU without limitation or qualification and your agreement that you have read and understand the policies and procedures posted on this website. MR GreenPoints reserves the right to revise, amend, modify, or supplement these terms without notice at any time for any reason. Please review the TOU periodically. You can review the most current version of the TOU at any time at www.mrgreenpoints.com/terms-of-use. By using the Site following any changes to the TOU, you are indicating your acceptance of those changes.
Copyrighted Material
The Site may contain materials that are derived in whole or in part from material created and/or supplied by MR Greenpoints, other users, and other sources, and is protected by, without limitation, copyright and trademark laws. You should assume that everything you see or read on the Site is copyrighted material unless it is expressly stated otherwise, and that nothing may be used except as expressly provided in this User Agreement or as stated on the Site without the prior written permission of MR Greenpoints. Products, product names and product descriptions may be trademarks of their respective companies in the United States of America or elsewhere.
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 notify MR Greenpoints’ agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at service [at] mrgreenpoints.com
or:
Copyright Agent for MR Greenpoints
1417 Heights Blvd.
Houston, TX
77008
Please be advised that you may be liable for damages if you materially misrepresent that any content or activity is infringing your copyrights.
In order to be effective under the Digital Millenium Copyright Act ( DMCA), a notification of claimed infringement must be in writing and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider 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;
5. 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; and
6. 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.
Privacy
Mrgreenpoints.com respects your right to privacy and will protect the personal information you provide us on our Website. To that end, unless you designate otherwise or we state otherwise in these terms or at the time information is collected, any personal information you provide to mrgreenpoints.com will be known only to two parties: you and mrgreenpoints.com. The following information under the headings “Traffic data”, “Use of Cookies” and “Registration, Account Creation and Premium Service” is intended to explain how your personal information will be treated as you make use of our site and its features. Personal information includes your name, street and e-mail addresses, billing information, click-through activity and any other personal information you may provide here.
Traffic data
Each time a visitor comes to mrgreenpoints.com, our servers — like most on the Web — collect some basic technical information, including, for example, the visitor’s domain name (e.g., whether the user is logged on from aol.com or whitehouse.gov), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to a mrgreenpoints.com) and browser and platform type (e.g., a Netscape browser on a Macintosh platform).
We also count, track and aggregate the visitor’s activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the mrgreenpoints.com site, etc.). To these ends, we may merge information about visitors and visits into group data, which may then be shared on an aggregated basis with our advertisers; but we will not disclose your individual identity or personally identifiable data under any circumstances. When we do present aggregated information to outside companies, no one will be able to identify you or have any means to contact you.
Use of cookies
A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. We may use cookies in a limited way to help deliver advertisements, to identify unique browsers that visit us and to track usage throughout our site.
The information about readership and site usage that MR Greenpoints collects through cookies may be aggregated into general reports about usage and not tied to individual identities, with one exception. MR Greenpoints saves usage information collected with cookies for member subscribers solely for the purposes of customer support to aid in the resolution of problems member subscribers may have. This member subscriber information is not used for any other purpose, shared with any party, or correlated with any other information the subscriber may have provided to order the subscription.
Other companies which place advertising on our site also have the ability to assign their cookies to you in a process that mrgreenpoints.com does not control. However, cookies cannot be used to identify individuals, only machines, so these advertisers will not know who you are.
Registration and Account Creation
In order to subscribe, subscribers to our Service must first provide MR GreenPoints with personal information to establish a user account, including name, address and e-mail address. Subscribers to our service must also provide valid credit card information. In all registrations, MRGreenpoints endeavors to keep all information secure, strictly confidential and does not reuse, resell or redistribute it in any way. Information provided must be accurate and kept up to date.
As part of the registration and account creation process you will provide an email address as your user name and select a password. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your MR Greenpoints account.
Non-Transferability of Membership
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and will likely result in the immediate cancellation of your account.
Fees and Payments
MR Greenpoints will charge you fees to become a subscriber. In order to use the Service or any designated free portions of the website you will be required to first register and create an account. For subscription Service, you agree to pay all fees and charges, including any applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. MR Greenpoints reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
In order to set up a subscription with MR Greenpoints you must provide MR GreenPoints with valid credit card information. By submitting such credit card information, you give MR Greenpoints permission to charge all Fees incurred through your account to the credit card you designate on the Subscription Form. All Fees (other than renewal fees) will be charged at the time they are incurred.
Subscription Renewal and Cancellation
As a default, MRGreenPoints offers the service to automatically renew your Subscription via an automated recurring billing program and charge to your account upon every one-year or monthly anniversary of the date on which you subscribed depending on the subscription plan that you selected during enrollment. By registering for recurring billing, you give permission to MR Greenpoints to automatically charge your membership fee to your credit card annually or monthly depending on your membership plan. However, you may “opt out” of this automatic renewal at any time by selecting “unsubscribe” at the login area. MR Greenpoints will cancel your subscription at the end of the current plan upon receipt of such notification from you. The renewal or recurring charge will be equal to your original sign-up price; for those joining at discounted rates, renewal charges will revert to the regular price for the plan. No refunds will be offered.
Site Content
MR Greenpoints makes no warranties or representations to any user as to the accuracy of any information contained on the Site and assumes no liability or responsibility for any errors or omissions in the content of the Site. Product information represented on the Site is intended to be factual in nature and is derived from the most current and accurate manufacturer and/or certification body data readily available. MR Greenpoints assumes no responsibility for the completeness or usefulness of the information or products, nor do we warrant any of the claims made by the manufacturers or certification bodies, nor do we ensure compatibility with or qualification for any applicable laws, codes, regulations or buildings standards or certification programs. MR Greenpoints is simply providing factual information for materials that meet industry standards for definitions of green building attributes. It is the responsibility of the user to complete further research into these building materials in order to confirm that the applications of the materials are adequate to meet the needs of your particular project. Information provided on distances to product manufacture locations are based on the best available manufacturing information. Mileage calculations are based on the latitude/longitude of zip or postal code centroids and are the most accurate feasible method of calculation. It is the user’s responsiblity to confirm that mileage calculations meet the requirements of a particular certification program or rating system.
NONE of the search result listings on mrgreenpoints.com are paid advertisements – products and services listed should not be viewed as products or services that are suggested or endorsed by MR Greenpoints. Mrgreenpoints.com may display banner ads on some pages. Banner ads are paid advertisements – MR Greenpoints does not endorse, guarantee or warranty any of the specific products, services or service providers listed or displayed on the Site. MR GreenPoints suggests that users contact manufacturers, qualified installers or service providers directly for any claims or questions regarding recommended applications and installation, product warranties or warranties of work, workmanship or product defects. MR Greenpoints is not responsible for any loss, damage (including actual, consequential, incidental, punitive, or otherwise), injury, or costs resulting from or arising out of, directly or indirectly, any use or purchase of products listed herein.
The information and opinions expressed in product listings or any other public forums available on or through the Site are not necessarily those of MR Greenpoints. MR Greenpoints makes no representations regarding any such user-submitted information or opinions. MR Greenpoints is not responsible for any loss, damage (including actual, consequential, incidental, punitive, or otherwise), injury, or costs resulting from or arising out of, directly or indirectly, any user-submitted information or opinion appearing on the Site. MR Greenpoints has no obligation to monitor any user-submitted listings, information, and opinions provided on or through the Site. However, we reserve the right to edit, refuse to post, or remove any user-submitted material that we deem inappropriate or in violation of the TOU and/or terminate or suspend Site access of any user at our sole discretion. If you see any material on the Site that you deem inappropriate, send correspondence to service [at] mrgreenpoints.com and we will review and give your concerns due consideration.
Newsletters
In order to receive occasional newsletters, users may opt to provide MR Greenpoints with personal information including name and e-mail address. If the user should choose to enroll, MR Greenpoints may e-mail you occasional messages or newsletters about updates to the MR GreenPoints products database and/or other information. Your e-mail address will not be shared with anyone and no one except MR GreenPoints will be able to contact you. The MR Greenpoints newsletters may also contain advertisements from third parties. If you agree to receive e-mailed newsletters and later choose not to, you may opt out at any time by selecting certain opt-out features contained in newsletters or e-mails, or by sending an opt-out request to service [at] mrgreenpoints.com.
“Send to a friend” feature
MRGreenpoints.com offers an “e-mail this site to a friend” feature, allowing site visitors to send an e-mail to friends to inform them that they might be interested in viewing and using the Site. In order for this feature to function, we ask for e-mail addresses for the recipient (so we know who to mail the message to) and from the sender (so we can tell the recipient who sent the e-mail). We do not store or save these addresses and neither you nor your friends will receive e-mail or other communications from MR Greenpoints or its partners as a result of having used this feature.
“E-mail a friend this page” is a mail service that individual visitors to MRGreenpoints.com make use of to send e-mails. While this tool cannot be used to send mass “spam” mailings, MRGreenpoints.com has no control over how our visitors use it, and any e-mail sent through it originates with, and is the responsibility of, the sender and not MRGreenpoints.com.
Other sites
MRGreenpoints.com contains many links to other sites on the Web. We cannot control and are not responsible for the privacy practices or content of such other Web sites. Because MR Greenpoints has no control over such sites and resources, you acknowledge and agree that MR Greenpoints is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MR Greenpoints shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MR GREENPOINTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MR GREENPOINTS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MR GREENPOINTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY MR GREENPOINTS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY MR GREENPOINTS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MR GREENPOINTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MR GREENPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Non-waiver
The failure of MR GreenPoints 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.
TOU Headings
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Violations
Please report any violations of the TOU to: service [at] mrgreenpoints.com
Indemnification
You agree to indemnify, defend and hold MR Greenpoints harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms included in the TOU.
Restrictions on Use
You may not use MR Greenpoints or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use MR Greenpoints solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity.
Severability
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
Entire Agreement
This Agreement and any other terms and conditions of service on http://www.mrgreenpoints.com constitute the entire agreement between you and MR Greenpoints and govern your use of the Service.
Refusal or Discontinuance of Service
MR Greenpoints reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
Choice of Law and Forum
This Agreement will be governed by the laws of the State of Texas. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Texas and you agree to personal jurisdiction by the state and federal courts sitting in Harris County, Texas. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. THROUGH USE OF MR.GREENPOINTS.COM YOU ACKNOWLEDGE ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.
Who can I ask if I have any additional questions?
If you have any further questions or concerns about the MR GreenPoint’s Terms of Use, included privacy policies, or anything else please send them to service [at] mrgreenpoints.com.
