Greenbanc Terms and Conditions
Welcome to the GREENBANC.COM website (the “Website”). The Website is provided (a) to assist homeowner customers in determining the availability of Energy Efficiency and Solar Installation services (the “Services”), (b) to assist contractors and solar installer customers in gathering homeowners’ property information, (c) to host a bidding platform where contractors and solar installers compete for homeowners’ projects, (d) to analyze the resulting competing bids and (e) to transact business between contractors, solar installers and homeowners.
This Website is provided solely for current and potential customers to interact with Greenbanc and may not be used for any other purpose, or used or reproduced by any other person or entity. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through this Website is strictly prohibited.
YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON THIS WEBSITE OR THROUGH OUR CALL CENTER, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR CHOOSE A BID THROUGH OUR CHANNEL. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT.
- Information You Provide. You agree to provide accurate and current information as prompted by the Greenbanc.com questionnaire and estimating tool form. If you provide information that is inaccurate or not current, or Greenbanc has reasonable grounds to suspect that such information is inaccurate or not current, Greenbanc may reject the Estimate Request and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, Greenbanc and its affiliated partners reserve the right to refuse service. You agree not to submit any material that violates any applicable laws, violates the rights of any third party, is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable. While Greenbanc does not and cannot control any material provided by you or the Website’s other Members, Greenbanc reserves the right to reject or remove any such material at any time with or without reason. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against Greenbanc and hold Greenbanc harmless with respect thereto.
- Appropriate Use of Website. You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the Greenbanc.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by Greenbanc, without Greenbanc’s prior written consent; (i) “Frame” or “mirror” any part of the Website without Greenbanc’s prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content. Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the Greenbanc.com system or other services provided by Greenbanc on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, Greenbanc, reserves the right to prosecute and seek damages from you to the fullest extent of the law.
- Changes to the Website and Services. The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated from time to time without notice. Greenbanc reserves the right to change any service offered, the features of any service offered, or these Terms of Service and Greenbanc’s policies, at any time. Greenbanc may discontinue, suspend or modify the Website at any time, and Greenbanc may block, terminate or suspend your and any user’s access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
- Links to other Websites. Links on the Website allow you to visit and do business with third parties or affiliated partners of Greenbanc. Neither these sites nor the companies to whom they belong are controlled by Greenbanc. Greenbanc makes no representations or warranties concerning the information provided or made available on such third party sites.
- Contractor and Solar Installer Partners. Through its rigorous Membership Requirements process, which is designed to ensure that its Contractor and Solar Installer partners are reliable and responsible members of the Greenbanc network, Greenbanc has made every effort to determine the quality and acceptability of the products and services offered by its Contractors and Solar Installer partners. However, Greenbanc does not make any representations or warranties regarding the correctness, performance or quality of any services provided by such our partners. You should independently research and assess the risks that may be involved in accessing and using any software or services before purchasing or using such software or services. THE THIRD PARTY PROVIDERS OF ENERGY EFFICIENCY AND SOLAR SYSTEM SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF GREENBANC. GREENBANC ASSUMES NO LIABILITY WHATSOEVER FOR SUCH THIRD PARTY’S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A MOVING SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A MOVING SERVICE PROVIDER. GREENBANC IS NOT RESPONSIBLE FOR INJURY, DAMAGE, DEATH, ACCIDENT OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND GREENBANC’S CONTROL.
- Billing, Payments, and Fees. You authorize Greenbanc to charge you directly for the initial deposit of the services provided by Contractors and Solar Installer Partners of Greenbanc and to retain its fees through and from this transaction. Greenbanc will charge your account immediately after you choose one the selected bids and signs the contract through Greenbanc.com. This money will be fully refunded to your account if you and/or the selected Contractor or Solar Installer cancel the contract.
- Disclaimer of Warranties; Limitation of Liability. USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. GREENBANC DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. GREENBANC’S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE SHALL BE NO MORE THAN THE AMOUNT OF FEES PAID BY YOU TO GREENBANC. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GREENBANC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, GREENBANC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF GREENBANC (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY THE MEMBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF GREENBANC’S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF GREENBANC WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
- Intellectual Property Rights. The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. Greenbanc retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with Greenbanc’s ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.
- Indemnification. You agree to indemnify, defend and hold harmless Greenbanc, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or Greenbanc, (c) your breach of any covenant, representation or warranty contained in these Terms of Service, and (d) your negligent or willful acts or omissions.
- Export. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Content. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.
- Miscellaneous. Greenbanc reserves the right to change these Terms of Service in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes. Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the other Member. Greenbanc is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and Greenbanc, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Service by Greenbanc shall only be effective if in a writing signed by an authorized officer of Greenbanc. Greenbanc’s failure to act with respect to a breach of these Terms of Service by you or others does not waive Greenbanc’s right to act with respect to subsequent or similar breaches. The Website is controlled, operated and administered by Greenbanc from its offices in Brooklyn, New York. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. Any claim or cause of action by you against Greenbanc with respect to your access or use of the Website and its services or your account shall be brought in the federal or state courts of New York within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Greenbanc shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Service. In any dispute between Greenbanc and you relating to this Website or the services provided through the Website, the prevailing party will be entitled to attorneys’ fees, costs and expenses.
The content of GREENBANC.COM is protected by United States and international copyright, trademark and other laws. Copyright © 2016 Greenbanc LLC. All rights reserved. Specifically, Greenbanc. does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any Content appearing on or made available through the Website. By furnishing information on this Website, Greenbanc does not grant any licenses to any copyrights, patents or any other intellectual property rights.