FOREVER VERDANT Terms of Use

These Terms of Use (these “Terms of Use”) govern the use of the Forever Verdant Website at www.ForeverVerdant.com and any successor website thereto (collectively, the “Website”) by you and those who act on your behalf.

Your continued use of the Website, or your explicit acceptance of these Terms of Use by you or those who act on your behalf will constitute agreement by you and those who act on your behalf to all of the terms and conditions provided in these Terms of Use. All references to “you” or “your” below refer to you and those who act on your behalf.

Forever Verdant, LLC (“Forever Verdant”) is the owner of the Website and may change or modify these Terms of Use at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website will constitute your agreement to such changes and/or modifications.

You may use the Website only in connection with your use of the services of Forever Verdant.

THESE TERMS OF USE AND STATEMENTS THROUGHOUT THE WEBSITE GOVERN YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, APPLICATIONS, SERVICES AND PRODUCTS AVAILABLE THROUGH THE WEBSITE.

The Website is operated by Forever Verdant for the benefit of Forever Verdant members and customers. All references to “Forever Verdant members” refer to current and prospective members and customers (as appropriate) of Forever Verdant.

Section 1. Use of the Website

The Website is made available for the use of current Forever Verdant members, allowing them to interact with Forever Verdant. The Website is a reference source for Forever Verdant members, providing information on various services and products available from Forever Verdant, as well as general information provided by Forever Verdant. Any use of the Website by any other person or entity for any other purpose is prohibited. Neither Forever Verdant nor any of its respective shareholders, directors, officers, employees, agents, independent contractors, representatives or attorneys bear any liability or responsibility for any such prohibited use.

Any access to the Website to obtain information by automated inquiry devices or programs is strictly prohibited. Using or attempting to use the Website to compete with Forever Verdant or to interfere with its business is strictly prohibited.

While Forever Verdant does accept ideas, concepts, or techniques for new services or products through the Website, please note that if such information is received, it will not be considered confidential nor proprietary. Forever Verdant will be free to use, communicate and exploit such information in any manner whatsoever, with no obligation of compensation or attribution.

Section 2. Suspension of Access; Addition of Features and Services

Forever Verdant may, in its sole and absolute discretion, discontinue, suspend or modify any and all access to the Website or any portion thereof at any time with or without notice and for any reason.

Forever Verdant may add features and services to the Website for use by Forever Verdant members, or may change the existing features and services. Forever Verdant may make said additions and changes at any time and from time to time with or without notice and for any reason. Your subsequent use of the Website will constitute your agreement to said additions and changes.

Section 3. User Registration and Information

By registering as a Forever Verdant member, you agree to provide accurate and current information about yourself as initially requested by Forever Verdant, and further agree to maintain and promptly update your information. If any information provided by you is inaccurate or outdated, or if Forever Verdant has reasonable grounds to suspect that such information is inaccurate or outdated, Forever Verdant may suspend or terminate your membership and your access to the Website or any portion thereof any time with or without notice.

When registering, you will select a password to accompany your User Name. You are responsible for maintaining the confidentiality of said User Name and password and for any and all activities and use of the Website that occur through using said User Name and password. Accordingly, you are required and hereby agree to immediately notify Forever Verdant of any unauthorized use of your User Name or password.

We suggest that to maintain the security of your User Name and password, you ensure that you log out from the Website immediately after concluding each visit. You may wish to avoid saving any User Name or password on any computer used to access the Website, especially if it is outside a secure environment.

Section 4. Levels of Access

Forever Verdant currently offers three different levels of access, based upon the type of membership selected by a user. Each level of access provides the Forever Verdant member with a specific set of features and services on the Website. Currently, each level of access above a trial membership incorporates all of the features of the lesser level, however, Forever Verdant may change the levels of access to provide additional features at one level or another. Also, Forever Verdant may add features to a particular level after a user may have selected such level of membership.

Section 5. Website Changes and Updates

Forever Verdant may, in its sole and absolute discretion at any time and from time to time with or without notice and for any reason, change or update the Website and change, update or delete any content appearing or accessible on the Website or through it and add any content thereto, including without limitation information, graphics, service, products, features, functionality, and links (collectively, the "Content").

Section 6. Ownership of Website and Content; Copyrights and Trademarks

The Website and the Content, are protected by United States and international copyright, trademark and other laws. All rights in and to the Website and the Content are reserved. By allowing access to the Website, Forever Verdant is not conveying and does not convey to anyone any ownership rights in the Website or in any Content. You are only granted a limited license to reproduce the Content on your computer for the purpose of accessing the Website and using the features and services accessible thereon. You are also granted a license to print waybills and related shipping documentation and other information appearing on your computer screen in the course of using the features and services of the Website.

No other permission is granted in any way to download, modify, reproduce, use, copy or distribute any of the Content.

FOREVER VERDANT, the Forever Verdant Logo, are trademarks of Forever Verdant. No rights are granted to any use of the FOREVER VERDANT trademarks.

Other trademarks and service marks appearing in the Content are the property of their respective owners.

Section 7. Disclaimer of Warranties; Limitation of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING THE WEBSITE OR SUCH CONTENT OR YOUR ABILITY OR INABILITY TO USE THE WEBSITE OR SAID CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. NEITHER FOREVER VERDANT NOR ANY OF ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS WILL BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN, THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, FOR LOST BUSINESS OR FOR LOST DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FOREVER VERDANT OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS ABOUT THE POSSIBILITY OF SUCH DAMAGES.

Recommendations or information provided by Forever Verdant are to be considered general information and may not be appropriate for a particular user or situation. Recommendations are based upon information which may not be applicable to a particular situation and may result in unexpected results for a user. Statements of possible tax credits and/or savings are of a general nature and should be discussed with your accountant. Your implementation of information provided by Forever Verdant is entirely at your own risk, and you expressly acknowledge the assumption of any and all risks involved in acting upon information provided by Forever Verdant.

Section 8. Indemnity

You hereby release, and agree to indemnify and hold harmless Forever Verdant and its respective shareholders, directors, officers, employees, agents, independent contractors, representatives and attorneys from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of these Terms of Use or your use of or access to the Website and the Content.

Section 9. Links to Other Websites

The Website may from time to time include links that would allow you to visit websites owned and operated by parties other than Forever Verdant. Such websites and the companies to which they belong are not controlled by or related to Forever Verdant. Forever Verdant makes no representation or warranty nor undertakes any obligation or liability concerning any information, products or services provided or made available on such websites or regarding the quality or acceptability of any persons or entities offering information, products or services, or otherwise referenced on any such websites. Forever Verdant has not tested or makes any representations regarding the correctness, performance or quality of any software found at any such websites. If you access a website other than the Website, it will be at your risk only.

Section 10. No Endorsements of Third Party Services or Products

Forever Verdant makes no endorsements of any third party services or products, except as may be specifically stated. You should conduct your own review of any third party services or products you may choose to use. Your use of any third party services or products is entirely at your own risk.

Section 11. Export of Software and Content and Use of Services

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Website regarding access, use, export, re-export and import of any Content appearing on or available through the Website. You acknowledge and agree that you will not export, re-export or import any Content to any country to which export, re-export or import is restricted under United States law or regulations, that you are not a national of any such country, and that the Content will not be used in the design, development or production of weapons.

You further assume all responsibility for your use of any information, features or services through the Website or from Forever Verdant.

Section 11. Controlling Law, Jurisdiction, Severability and Modification

These Terms of Use and your use of the Website and the Content are governed by and construed in accordance with the laws of the United States and the State of Connecticut, excluding its conflict of laws provisions. Any cause of action with respect to the Website, the Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Fairfield County, Connecticut.

If any provision in these Terms of Use is held or deemed to be entirely or partly invalid or unenforceable by a court of competent jurisdiction, these Terms of Use will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms of these Terms of Use. These Terms of Use may not be changed or modified without the written consent of Forever Verdant.