Terms of Sale
Last Updated: 1/7/2008
By placing an order with GreenDimes, you agree to the following terms of sale.
The following terms and conditions (the 'Terms of Sale') are a contract between you and GreenDimes, Inc. ('GreenDimes'). By submitting an order for any product (which includes any gift coupon) or service with GreenDimes, or by accepting delivery of products shipped by GreenDimes, you accept and agree to be bound by these Terms of Sale. These Terms of Sale are subject to change at any time without notice, at GreenDimes' sole discretion, and you will be bound by the Terms of Sale in effect at the time of your purchase. Certain products may also be subject to product-specific licensing or other terms established by GreenDimes (if expressly indicated by GreenDimes at the time of your order). For example, gift coupons are also subject to GreenDimes' Gift Coupon Terms .These Terms of Sale, as supplemented by GreenDimes' product-specific terms where applicable, shall supersede any other terms that might otherwise apply to your order. The failure of GreenDimes to enforce these Terms of Sale, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Acceptance of Orders; Delivery
GreenDimes reserves the right at any time after receiving your order to accept or decline your order for any reason. Your receipt of an electronic order confirmation does not signify our acceptance of your order. Delivery of products or services ordered shall operate as GreenDimes' acceptance of your order with respect to those products or services actually delivered. Delivery will be made in the manner indicated at the time of order, and may include email delivery (for example, in the case of gift coupon purchases). If no delivery method is specified, GreenDimes will select an appropriate method in its discretion. GreenDimes is not responsible for any errors in the ship-to or email address(es) you provide, or for any failed delivery of properly dispatched shipments or email transmissions.
Payment Terms
GreenDimes accepts the credit cards and/or other payment methods indicated on its ordering pages. You authorize GreenDimes to charge your specified credit card or other payment account for all amounts due on your order. All payments must be in US Dollars, and must be received by GreenDimes prior to fulfillment of any order. Current billing address must be included with every order.
Shipping and Taxes
Unless otherwise indicated, product and service pricing quoted on GreenDimes' website does not include applicable taxes or shipping charges. Sales tax (if applicable to the items being purchased) will be charged on all orders shipped to California. Separate charges for shipping and tax will appear on your order at time of checkout.
Title
Title to products, and risk of loss, passes from GreenDimes to you upon shipment from GreenDimes. Title to any licensed materials will remain with GreenDimes or its applicable licensor(s), if any.
GreenDimes Dealings on Your Behalf
In some instances, GreenDimes may include in its junk mail-reduction products or services an option for GreenDimes to deal directly with certain direct mailers or similar third parties on your behalf (for example, where GreenDimes' existing relationships let it efficiently submit requests for you to continue or stop receiving certain catalogs). You may be required to establish a user account on the GreenDimes website in order to use this option. By electing to receive this assistance, you hereby retain, engage, and appoint GreenDimes and its affiliates as your express agent and authorized representative:
(a) to contact and instruct such third parties to remove your designated address from such third parties' marketing or mailing lists and to cease sending you mail (other than as necessary to complete later commercial transactions that you initiate);
(b) to contact and instruct such third parties to cease selling, distributing, disclosing and storing your personally identifiable information;
(c) to put a promotional block on your credit reports to prevent financial institutions from sending you direct mail; and/or
(d) to transmit information or data files to such third parties for the purposes of (a), (b) and (c).
Other Third-Party Issues
You acknowledge that minimizing unwanted direct mail may require you to make periodic requests to the same direct mailers or other third parties, and that GreenDimes cannot control the third parties' requirements, the timeliness of their actions, or the extent to which they fulfill your requests. Without limiting the foregoing, you acknowledge that direct mailers may re-commence sending materials to you if you request those materials or if you do business with the direct mailers (or a related company) after having your address removed from their lists.
Proper Use of Products and Services
You agree to use GreenDimes' products and services solely in accordance with applicable law and solely for their intended purpose in accordance with the applicable instructions or other documentation provided by GreenDimes. Without limiting the foregoing, you particularly agree that you will not use our junk mail-reduction products or services to interfere with or otherwise affect the delivery of mail to any person who has not authorized you expressly to do so on their behalf. You agree to indemnify GreenDimes and hold it harmless from and against any claims, liabilities, costs, and/or other harm arising out of any violation of your obligations or agreements set forth in this paragraph.
Warranty Disclaimer
GreenDimes uses reasonable efforts to provide accurate descriptions of its products and services on the GreenDimes website, but those descriptions are not warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GREENDIMES SELLS ALL PRODUCTS AND SERVICES ON AN 'AS IS' BASIS (WITHOUT WARRANTY), AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY WARRANTIES ALLEGED TO ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow the disclaimer of certain implied warranties, so some of the foregoing disclaimer may not apply to you.
No Returns
To the fullest extent permissible under applicable law, all sales are final and GreenDimes has no obligation to accept returns or issue refunds for any reason.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GREENDIMES' LIABILITY TO YOU, WITH RESPECT TO ANY PRODUCT OR SERVICE, EXCEED THE PRICE OF THE PRODUCT OR SERVICE ORDERED. IN NO EVENT SHALL GREENDIMES OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS OR SERVICES SOLD. GREENDIMES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE DELIVERY OF PRODUCTS AND SERVICES ORDERED CANNOT BE GUARANTEED AND THAT, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE LAW, GREENDIMES WILL HAVE NO LIABILITY FOR OR IN CONNECTION WITH ORDERS THAT ARE DELAYED OR REJECTED.
Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the foregoing limitations may not apply to you.
Applicable Laws; Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. Unless otherwise expressly stated by GreenDimes, all products and services are for delivery only to recipients within the United States. You agree and represent that you are buying for your own personal or internal business use only, and not for resale.
Governing Law
The sale(s) will be governed by the laws of the state of California, as such laws apply to contracts made and performed in California between California residents. Venue and jurisdiction for all disputes will lie in San Francisco County, California.
Service and Support
If you need additional assistance, please email us at customerservice@greendimes.com
