Legal Terms of Use

1.Overview These Terms of Use shall apply to your use of www.GreenHomeXpress.com (referred to as "GHX".) In addition, nothing presented here is intended to provide advice about the products supplied by GreenHomeXpress.com. For specific information and instruction relative to GHX’s products, please refer to the product labeling supplied with all GHX products.

2.Acceptance of Terms GHX’s Web site are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Web site(s). By using the Web site(s), you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use GHX’s Web site(s). GHX reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Web site(s) following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

3. Government Regulations GHX offers products that are offered to retail, wholesale, and private parties for personal use. Nothing contained on GHX’s Web site(s) should be construed as a promotion or solicitation for any product or for the use of any product. Specific questions about products described on GHX’s Web site(s) should be directed to us at info@greenhomexpress.com.

4. Links to Third-Party Site(s) GHX’s Web site(s) may contain links to other Web site(s) ("Linked Site(s)"), including Authorize.net to process orders. The Linked Site(s) are not under the control of GHX and GHX is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. GHX is providing Linked Site(s) to you only as a convenience, and the inclusion of such Linked Site(s) is not necessarily an endorsement by GHX in favor of any company offering products or services on the Linked Site. GHX accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content products or services available on or through a Linked Site.

5. No Unlawful or Prohibited Use As a condition of your use of GHX’s Web site(s), you warrant that you will not use the Web site(s) for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web site(s) in any manner that could damage, disable, overburden, or impair the Web site(s) or any user of the Web site(s), or interfere with any other party's use of the Web site(s). You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Web site(s) or to intercept or expropriate any system, data or personal information from the Web site(s). You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Web site(s) to access any third party site(s) or cause damage to them.

6. Disclaimer of Warranties All materials, information, products and services included in or available through GHX’s Web site(s) are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GHX has made and will continue to make diligent efforts to include accurate and up-to-date information on the Web site(s). However, GHX makes no warranties or representations, express or implied, that the information contained or referenced in the Web site(s) is accurate, complete, reliable or correct; that the Web site(s) will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of the Web site(s), any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

7.Limitation of Liability Neither GHX nor any party involved in creating, producing or delivering GHX’s Web site(s), or any Linked Site, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Web site(s) or any Linked Site, or any errors or omissions in the content thereof. GHX reserves the right to alter the content of the Web site(s) in any way (including removing links to any Linked Site(s)), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, GHX expressly disclaims any and all liability related to, arising from, or connected with a third party Linked Site. These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if GHX has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GHX’s liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from W-F-T’s negligence or fraud will not apply if it is prohibited in your jurisdiction.

8. Indemnification You agree to defend, indemnify and hold harmless GHX and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web site(s), your use of the Web site(s), your violation of the Terms of Use or your violation of any rights of another person or entity.

9. Choice of Law and Forum These Terms of Use shall be governed by and construed in accordance with the laws of the State of California.

10. Severability and Integration Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and GHX and govern your use of the Web site(s), superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GHX. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.


Last Updated: February 1, 2009