Last Updated: April 1, 2018
The Site Use and Restrictions
Your use of this website includes a limited license granted hereunder. You acknowledge that all intellectual property rights to this website and in the Offerings are reserved by Green Dog. If you acquire the Offerings (from Green Dog), you are purchasing them for brewing purposes only and you are not acquiring any interest in the underlying ownership of or intellectual property rights pertaining to the Offerings.
Your access to and use of this website may be subject to charges assessed by your internet service provider or cellular carrier, and any service interruptions are controlled by your internet service provider or cellular carrier. Green Dog does not and cannot ensure that you will have full use of this website while you are using it, and we cannot control your internet service.
Green Dog maintains and staffs a customer service help desk that provides support for your purchase of the Green Dog products or your use of this website. Green Dog’s support is available between the hours of 9:00 am to 6:00 pm, Eastern time, Monday thru Friday. No support is offered on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday and Friday) and Christmas (two days).
Use of Content
Your use of any content on this website is subject to the terms hereof. If you copy content, you must include a copyright notice providing attribution to Green Dog such as, for example: “copyright ©2018, Green Dog. All rights reserved” or similar such notice. You must also give full attribution to Green Dog’s editors and authors.
Changes to Purchase Orders. Green Dog may change or cancel a Purchase Order: (i) upon written notice if there are delays in processing or shipping your orders; or (ii) upon mutual written agreement if Green Dog notifies you of such change.
Acceptance of Purchase Orders. You will be deemed to have accepted a Purchase Order issued by Green Dog in accordance with the terms of this Agreement upon the Submission Date, unless rejected by you as set forth below. The “Submission Date” is the date that Green Dog submits a Purchase Order to you. Your acceptance of a Purchaser Order may be by electronic or hard copy acceptance within five (5) business days of the Submission Date. Green Dog is not obligated to fill the Purchase Order if you do not timely accept it. If you reject the Purchase Order, Green Dog may or may not issue you a replacement Purchase Order.
Green Dog will package the products at its own expense for: (i) the safe and suitable shipment to you; and (ii) complying with all applicable laws and regulations relating to the packaging, labeling, and carriage of the products in the United States. Unless otherwise agreed, Green Dog will not accept partial shipments of product orders.
Shipments, On-Time Delivery, and Quality
Green Dog will ship the Offerings to you through FedEx Ground from its warehouse in Jacksonville, Florida to your location. You will pay Green Dog for shipping costs which will be added to your purchase order. You will pay for shipping through the funding instrument that you provide for your purchase of the Offerings.
In the event that any product shipment is not made in time for delivery on the date and in the quantities set forth in the applicable Purchase Order, Green Dog may, in its sole discretion: (i) ship to you some or all of the products in said shipment; (ii) purchase substitute products from a third party to fill your Purchase Order and charge you any increased difference in cost thereof, if any; and/or (iii) allow you to cancel your Purchase Order. Green Dog will immediately notify if you if it has any reason to believe that any quantities of the Offerings will not be delivered as ordered, and/or any shipment will not be made as scheduled. Each shipment made by Green Dog will include a packing list containing the Purchase Order number, Green Dog product identification and quantity shipped, date of shipment, country of origin, Product weight, and such other information required by applicable law and/or Green Dog.
As Is, No Returns
The Offerings shall be sold “As Is” with no representations or warranties express or implied made by Green Dog hereunder including warranties of merchantability or fitness. Unless otherwise agreed by Green Dog, you may NOT return the Offerings to Green Dog under any circumstances.
Title and Risk of Loss
You agree that title to and risk of loss (i.e., the insurable interest) regarding the Offerings that you purchase from Green Dog will transfer to you the moment that they are placed with the carrier for delivery to you. For purposes of clarity, Green Dog shall have no liability for the Offerings after they have been placed with and accepted for delivery by the carrier.
Injunctive Relief. Should a breach of confidentiality occur, you and Green Dog agree that the non-breaching party could suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party may be impossible to calculate. Accordingly, you and Green Dog agree that the non-breaching party shall be entitled to seek temporary, preliminary and/or permanent injunctive relief against the breaching party, its officers or employees and other remedies at law or in equity.
Green Dog Disclaimers
THE OFFERINGS ARE PROVIDED ON AN “AS IS” BASIS. GREEN DOG AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Green Dog, its licensors and suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, current-ness or timeliness of the Green Dog products sold to you hereunder, whether the Offerings will suit your needs for whatever your intended purposes thereof may be, and your use of this website.
- The satisfaction of any government regulations regarding privacy or other matters, and the use of content that you provide regarding you or your patient (if you are a healthcare provider).
Limitation of Liability
IN NO EVENT SHALL GREEN DOG, ITS LICENSORS, SUPPLIERS OR THIRD PARTIES WHOSE PRODUCTS OR SERVICES ARE PROVIDED THROUGH GREEN DOG BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), DUE TO USE OF OR INABILITY TO USE THE OFFERINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORIES, AND WHETHER OR NOT GREEN DOG, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE OFFERINGS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GREEN DOG, ITS LICENSORS, SUPPLIERS AND THIRD PARTIES WHOSE PRODUCTS OR SERVICES ARE USED OR ACQUIRED BY YOU HEREUNDER SHALL BE LIABLE ONLY FOR ACTUAL, DIRECT DAMAGES INCURRED BY YOU NOT TO EXCEED U.S. $10,000. GREEN DOG, ITS LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE GREEN DOG SITE ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE OFFERINGS OR CONTENT. ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE OFFERINGS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
Green Dog Indemnity. Subject to the above limitation of liability, Green Dog will indemnify and defend you, and your officers, directors, trustees, employees, agents, spouses, heirs and assigns (the “Customer Indemnitees”), from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses) awarded in an action brought against the Customer Indemnitees, and the reasonable costs associated with its settlement of any such matter arising from or relating to: (i) Green Dog’s gross negligence; (ii) Green Dog’s willful misconduct; or (iii) a claim that the Offerings infringe any copyright, patent or other intellectual property rights. Notwithstanding the foregoing sentence, Green Dog will not enter into any settlement, without your prior written consent, unless all third-party claims against you are released without any further liability on your part.
Customer Indemnity. To the extent permitted by law, you will indemnify and defend Green Dog, and its officers, directors, trustees, employees and agents, from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses awarded in an action brought against Green Dog, and the reasonable costs associated with its settlement of any such matter, directly or indirectly, arising from or relating to: (i) your breach of confidentiality; (ii) your gross negligence; (iii) your willful misconduct; or (iv) a claim that your use of the Green Dogs products created liability that has subjected Green Dog to suits, claims or liability. Notwithstanding the foregoing sentence, you will not enter into any settlement, without Green Dog’s prior written consent, unless all third-party claims against Green Dog are released without any further liability on Green Dog’s part.
Indemnity Exclusions. The foregoing indemnification obligations of Green Dog relating to third party infringement shall not apply: (a) if the Offerings are modified or used by you other than in a manner that is not recommended, authorized in writing or required by Green Dog, and where such modification or use is the basis of the third party claim; and (b) the Offerings are combined or bundled with any non-Green Dog products, processes or materials that were not recommended, authorized or provided by Green Dog, if such liability would not have arisen but for such combination or bundling.
Green Dog has several tools that allow you to record and store information on this website. You are responsible for taking all reasonable steps to ensure that no unauthorized persons have access to your Green Dog passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor and control access to and use of your Green Dog account and password; (3) promptly inform Green Dog if you believe your account or password has been compromised, or if there is another reason to deactivate a password; and (4) supervise the use of the Offerings by children under the age of 18 for whom you are a parent or guardian.
Dispute Resolution. Any dispute, controversy or claim relating to this Agreement (a “Dispute”) will be resolved first through good faith negotiations between the parties. If you and Green Dog are unable to resolve the Dispute, either party may submit the Dispute for resolution by mediation pursuant to the rules of the American Arbitration Association (“AAA”) as then in effect. The mediation shall be conducted in Miami, Florida. Mediation will continue for at least thirty (30) days unless the mediator chooses to withdraw sooner. At the request of either party, the mediator will be asked to provide an evaluation of the Dispute and the parties’ relative positions. Each party shall bear its own costs of mediation effort.
If the Dispute cannot be resolved through mediation, either party may submit the Dispute to the office of AAA in Miami, Florida for binding arbitration in accordance with the AAA’s Commercial Arbitration Rules then in effect, as amended by this Agreement. The law applicable to the arbitration, including the administration and enforcement thereof, is the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended from time to time. The cost of the arbitration, including the fees and expenses of the arbitrator(s), will be shared equally by the parties, with each party paying its own attorneys’ fees. The arbitrator(s) will have the authority to apportion liability between the parties but will not have the authority to award any damages or remedies not available under the express terms of this Agreement. The arbitration award will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. The award may be confirmed and enforced in any court of competent jurisdiction. Any post-award proceedings will be governed by the Federal Arbitration Act. Nothing in this section shall preclude either party from seeking interim equitable relief in the form of a TRO or preliminary injunction. A request by a party of a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate hereunder. THE PARTIES EXPRESSLY WAIVE AND FOREGO ANY RIGHT TO TRIAL BY JURY.
Jurisdiction and Governing Law
You agree that any dispute with Green Dog relating to your use of the Offerings and/or third-party offerings resides in the federal or state courts within Miami-Dade County, Florida. You further agree and consent to the exercise of personal jurisdiction against you in the federal or state courts of Miami-Dade County, Florida for any claim involving Green Dog, a third-party provider or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Green Dog is based in the United States of America, with principal offices in Broward County, Florida. Green Dog makes no claims that use of the Offerings or Content is appropriate or may be used outside of the United States. If you access the Offerings or Content from outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
All provisions hereof survive the expiration or termination of this Agreement for any reason whatsoever in order to protect the rights of Green Dog.
Thank you for your cooperation.
Copyright © 2018 Green Dog Brewing Supplies, Inc. All rights reserved