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TERMS OF USE
Effective Date: August 31, 2021
WELCOME TO WWW.HILARYKRAMER.COM. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GREENTECH RESEARCH, LLC REGARDING YOUR USE OF OUR WWW.HILARYKRAMER.COM WEB SITE.
These are official terms and conditions (“Terms of Use”) and form a legally binding agreement between you and Greentech Research, LLC (“Greentech”, “we”, “us”, or “our”) regarding your use of the www.hilarykramer.com Internet Web site located at https://hilarykramer.com/, as well as the associated Web pages, features and functions made available by Greentech (individually and collectively, the “Greentech Site”).
YOU AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE EACH USE OF THE GREENTECH SITE.
The Greentech Site is offered and made available only to users 18 years of age or older and if you are not yet 18 years old you must have a parent or guardian’s permission to view the Greentech Site. Moreover, if your use of the Greentech Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Greentech Site immediately. BY USING THE GREENTECH SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT OR GUARDIAN’S PERMISSION FOR YOUR USE OF THE GREENTECH SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE GREENTECH SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE GREENTECH SITE, IS TO STOP USING THE GREENTECH SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GREENTECH SITE.
When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Greentech Site. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy that can be accessed through a link on the Site’s home page. The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of the Greentech Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.
The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Greentech Site, receive data from the Greentech Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Greentech Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Greentech Site that may direct your browser or your connection to third party Web sites or Web pages.
The Greentech Site is available to users in the general public without registering and you may visit and browse the Greentech Site without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit or restrict any portion of the Greentech Site at any time and from time to time, without notice to you.
These Terms of Use are effective as of August 31, 2021. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We will post or display notices of material changes on the Greentech Site. Once we post them on the Greentech Site, these changes become effective immediately and if you use the Greentech Site after they become effective it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Greentech Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
Copyright © 2021 Greentech Research, LLC – All Rights Reserved.
The Greentech Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Greentech Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of Greentech and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”).
All Content on the Greentech Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Greentech authorizes you to access Content and grants you the right to use the Greentech Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Greentech Site, including notices on any Content you display, print or reproduce from the Greentech Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of Greentech. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the Greentech Site unless you are expressly authorized to do so by Greentech. As an express condition of your use of the Greentech Site, you warrant to Greentech that you will not use the Greentech Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Greentech makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Greentech Site.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Greentech has adopted the following Intellectual Property Compliance Policy. If you or any user of the Greentech Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Greentech Research, LLC
E-mail: info@greentechresearch.com
On notice, we will act expeditiously to review and if necessary to remove content on the Greentech Site that infringes the copyright rights of others and will disable the access to the Greentech Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the Greentech Site, including, without limitation, ” HILARY KRAMER,” our stylized logo 
, and 
are the intellectual property of and proprietary to Greentech. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Greentech.
We try to assure the accuracy of all information displayed on the Greentech Site, but it is possible that the information contains errors, inaccuracies, or omissions. You accept full responsibility for your use of the Greentech Site.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Greentech Site or any other form of link or re-direction of your connection to, with or through the Greentech Site, does not constitute an endorsement by, or does it incur any obligation, responsibility or liability on the part of the Greentech Site, Greentech or any of their affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site in any manner. If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy below, which describes how Greentech collects and uses your personally identifiable information and co-branding relationships.
THE GREENTECH SITE AND ALL MATERIALS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE GREENTECH SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Greentech Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Greentech Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE GREENTECH SITE, GREENTECH OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE GREENTECH SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
We take great care and pride in creating the Greentech Site. We are always on the lookout for technical glitches that effect how the Greentech Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Greentech Site — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Greentech Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Greentech Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Greentech Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
Although the Greentech Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Greentech Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the Greentech Site is void where prohibited.
Without limitation, this Agreement contains the entire understanding and agreement between you and Greentech and supersedes any and all prior, inconsistent or other understandings relating to the Greentech Site and your use of the Greentech Site. This Agreement cannot be modified, changed or terminated, except as specifically described herein.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Greentech Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Greentech Site shall be governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Virginia applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable Commonwealth and Federal Courts situated in the Commonwealth of Virginia and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Greentech has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE GREENTECH SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE TO THE MAXIMUM EXTENT OF THE LAW ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.