Greenmetry Terms of Use
Updated: 2/13/22
The Terms of Use below cover the terms and conditions that apply to your use of this website (the “Website,” or “Site”). Greenmetry (“Company”) may change the Terms of Use from time to time without notice other than posting of such amendments on this site. When we change the policy in a material way, notice will be provided on our website. Your use of our website and other services constitutes your acknowledgment and acceptance of these terms and any changes made thereto. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Use.
By using this Website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. Company only grants use and access of this website and its products and services to those who have accepted its terms.
General Terms and Conditions
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information both about yourself and in filling all forms on the Site, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Company has the right to terminate your account and to refuse any and all current or future use of the Site. You agree not to resell or transfer use of or access to the Site.
By using the Site, including any features, software, and content contained therein, you agree that use of the Site is entirely at your own risk. The site is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the site. Specifically, Company disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Company strives for all platform forms to be up-to-date with the current code and with local ordinances and requirements, and regularly makes reasonable efforts to keep current with changes in relevant code and local ordinances. However, Company makes no guarantee that all code references are up-to-date, as changes to the code may occur from time to time, and filing of local ordinances occurs on an ongoing basis. Users are advised to confirm with your jurisdiction whether there are any new local ordinances, special processing requirements, or other local requirements in effect. Users may contact us to request details on filing in any particular jurisdiction and we will clarify to the best of our ability, within reason.
Some form fields, text, or workflow elements in the platform may be updated from time to time. When changes are material, Company will notify users by posting on the Website.
Company DOES NOT review the form inputs that are submitted by users, and makes NO GUARANTEE that the filled forms are accurate, complete, true, and correct. Completion of a form or forms on this Website does not constitute any endorsement, claim, or guarantee that the project in question has met the requirements as claimed by the user in the related forms or in any other manner. Company may on occasion view users’ form entries if needed in order to provide services to our users, but is not obligated to do so.
Company makes NO GUARANTEE that any city or jurisdiction will approve your building’s final inspection, or any other step in your building permit process, based on your responses in the forms or your use of the Website. Company furthermore makes NO GUARANTEE that any particular city or jurisdiction will accept the platform-generated forms.
User is responsible for ensuring their forms were received by the appropriate party at the relevant building department, and for confirming any additional local code requirements and processing requirements have been satisfied. Company takes no responsibility or liability for any delays in your permit processing time, permit approval, passing of final building inspection or award of occupancy permit.
Limitation of Liability
Neither Company nor any of its employees, agents, successors, assigns, affiliates, website co-branding providers or content or service providers shall be liable to you or other third parties for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Company, its employees, agents, successors, assigns, affiliates, website co-branding providers and content or service providers respective liability is limited to the greatest extent permitted by such state law.
Company reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which Company assumes no responsibility of any kind for the content, availability, or otherwise. (See “Links from and to this Website” below.) The content presented at this Site may vary depending upon your browser limitations.
Intellectual Property
Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Use, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties. Company does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
Privacy Policy
Before you use our website, please read our privacy policy regarding our use of your data.
User Conduct On the Site
While using the Site, you may not:
- Restrict or inhibit any other user from using and enjoying the Site; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as expressly permitted by Company) or engage in spamming or flooding; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Site which is protected by copyright (except as expressly permitted by Company), or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of the Site itself or derivative works with respect thereto (except as expressly permitted by Company), as the Site is copyrighted as a collective work under U.S. copyright laws.
Company has no obligation to monitor the Site. However, you acknowledge and agree that Company has the right to monitor the Site electronically and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Site properly; or to protect itself or its customers. Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you email, post, or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, Company is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
User Accounts
As a user of this Website, you may be asked to register with us and provide identifying information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the Website, inform us immediately so we may address it.
We reserve all rights to terminate accounts, edit, or remove content or cancel orders at Company’s sole discretion.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that Company may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Company in its sole discretion believes violate any of the terms and conditions, violate the rights of Company, or is otherwise inappropriate for continued access.
You acknowledge and agree that Company may in its sole discretion deny you access through Company to any materials stored on the Internet, or to access third party services, merchandise, or information on the Internet through Company, and Company shall have no responsibility to notify any third-party providers of services, merchandise, or information nor any responsibility for any consequences resulting from lack of notification.
Indemnification
You agree to defend, indemnify, and hold Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Use by you or users of your account.
Links from and to this Website
You acknowledge and agree that Company and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Company or its website co-branding providers of the sponsors of such sites or the content, products, advertising, or other materials presented on such sites.
Information in the many web pages that are linked to Company’s Website comes from a variety of sources. Company does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Company and its Website co-branding Providers 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 such external sites or resources.
Other Information
Company takes reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through the Site, you may be asked by the vendor or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Company liable for any loss or damage of any sort incurred as a result of any such dealings with any vendor or information or service provider through the Site. You agree that all information you provide any vendor or information or service provider through the Site for purposes of making purchases will be accurate, complete, and current. The vendor and information and service providers offering prodicts and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
Applicable Law
The Terms of Use and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Miscellaneous
The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.
Disputes
Any dispute or claim relating in any way to your use of this website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. We each agree that any and all disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By entering into this agreement and agreeing to arbitration, you agree that you and Company are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis.
