Greenhouse

Greenhouse Website Terms of Use

1. Introduction

Thank you for visiting the Greenhouse website. AOL LLC ("AOL") makes the Greenhouse website (the "Site"), including all information, documents, text, software, directories, data, icons, communications, files, video, graphics, sound, and services available on the Site (collectively, the "Content"), available for your use subject to the terms and conditions set forth in AOL's Terms of Use, found here, and the additional terms set forth below (collectively, the "Terms of Use"). In the event of a conflict between the additional terms and AOL's Terms of Use, the additional terms below will prevail.

2. Acceptance of Terms through Use

BY ACCESSING OR USING THIS SITE IN ANY WAY, YOU (1) AGREE TO ABIDE BY AND BE BOUND BY THE TERMS OF USE. We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

3. Additional Terms for Other Software or Services

Software and services made available through this Site may be subject to separate or additional terms of use. You must review and agree to comply with any such additional terms of use before downloading or using any such software or services.

4. Experimental Software

You acknowledge that software and other Content available on this Site is experimental and has not been made available for general release; it may contain errors, bugs, or other problems not usually associated with generally available software versions. The Content should not be used in a production environment or on a critical system. We strongly recommend that you backup all data, files and applications on your system prior to installing any Content from this Site. You shall have sole responsibility for the adequate protection and backup of your data and/or equipment used with the Content. AOL is under no obligation to provide you with any error corrections, technical assistance, updates, upgrades, bug fixes and/or enhancements.

5. Software License

AOL grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to download, install, and use a single copy of any software made available for download from the Site for a limited time, as designated by AOL subject to these Terms of Use. This license does not entitle you to receive from AOL hard-copy documentation, support, telephone assistance, or enhancements or updates to the software. Although AOL may consider the commercial release of some of the software made available on this Site, it is under no obligation to do so. AOL reserves the right to alter features, licensing terms, or other characteristics of any software product that it releases.

6. Restrictions On Use Of This Site And The Content

This Site and its Content are provided for your personal informational use only and may not be used for commercial or unlawful purposes. Except as authorized by AOL in writing, by using this Site, you agree that you will not: (1) reproduce, republish, display, frame, download, or transmit the Site or any Content from the Site; (2) redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to any Content from the Site; (3) modify or create any derivative works based on the Site or any of its Content, including customization, translation or localization; (4) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any Content, or in any way ascertain, decipher, or obtain the underlying ideas or algorithms of any Content (e.g. in an effort to develop other applications or services that provide similar or substitute or complimentary functionality to such Content); (5) use any Content to develop software or services that access or connects to an AOL Service, address space or that intercept the proxy; (6) use the Site or any Content in any way that violates these Terms of Use or any law; (7) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Content; (10) post, transmit, upload, or promote any Content that (a) violates or infringes in any way upon the rights of others, including without limitation copyrights and trademarks, (b) contains corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer, (c) is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable, (d) encourages conduct that would constitute a criminal offense, (e) gives rise to civil liability, or (f) otherwise violates any law; (11) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (12) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (13) harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages; (14) undertake any conduct that, in the judgment of AOL, restricts or inhibits any other user from using or enjoying the Site; or (15) falsify the origin or source of Content that you post, transmit, or upload. You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any Content you upload, post or submit.

7. Third Party Sites, Software, and Content

On the Site, or included in some of the Content, AOL may provide to you Content and/or links to websites of our affiliates and partners. Such affiliate provided Content and links are provided to you for your personal, non-commercial use as a convenience to you. AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such Content. Reproduction and redistribution of such Content is strictly prohibited. Use of any websites or services reached through links included in the Site or Content is subject to the terms of use presented on such website or service.

8. User's Grant of Limited License

By posting or submitting Content, or allowing or authorizing the posting or submission of Content to this Site, including comments, communications, suggestions, data, techniques, know-how, methodologies, procedures, and any related materials or information you:

A. grant AOL the worldwide, royalty-free, perpetual, irrevocable and non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, promote and otherwise make use of such Content in any form, anywhere and for any purpose without attribution, notice or compensation;

B. grant users of the Site the same rights granted to them through these Terms of Use; and

C. warrant and represent that you own or otherwise control all of the rights to the Content, that public posting and use of your Content by AOL will not infringe or violate the rights of any third party, and that you will not, under any circumstances, contest AOL's right to use such Content and/or its ownership of products and services that many use any such Content.

9. Your Representations

You represent and warrant that you have adequate legal capacity to agree to these Terms of Use, that you will use the Site and Content only for lawful purposes and in accordance with this Terms, and that you will not use the Site or Content in violation of any law, regulation or ordinance or any right of AOL or its licensors or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. You agree to indemnify AOL, its parent, licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph.

10. Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. AOL, ITS PARENT, SUBSIDIARIES, LICENSORS, AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE RELIABLE, FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AOL OR AN AOL AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS SITE AND THE CONTENT IS SOLELY AT YOUR OWN RISK AND YOU MUST EVALUATE, AND BEAR THE RISK ASSOCIATED WITH ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF THE SITE AND FROM THE DOWNLOAD AND USE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST AOL, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AND AGENTS FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES OF ANY KIND, COSTS AND EXPENSES, INCLUDING ATTORNEYS FEES AND COSTS, OF EVERY KIND AND ANTURE ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE AND THE CONTENTS.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AOL OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE AOL GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AOL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE AOL GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE UPON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

12. Indemnification

Upon a request by AOL, you agree to defend, indemnify, and hold harmless the AOL Group from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this Site or any Content in a manner not in strict conformance with these Terms of Use. AOL reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AOL in asserting any available defenses.

13. Injunctive Relief

You acknowledge and agree that, notwithstanding any other provisions of these Terms of Use, your breach or threatened breach of these Terms of Use shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL, therefore, may obtain timely injunctive relief to protect its rights under these Terms of Use in addition to any and all other remedies available at law or in equity.

Last updated 10/20/06