GreenGoose's Terms of Use

Last Updated: December 15, 2011

Introduction

Welcome to the Internet websites of GreenGoose, Inc., a Delaware corporation (“GreenGoose”) on which these Terms of Use (the “Terms of Use”) are posted (collectively, the “Site”). GreenGoose is sometimes referred to herein as "we," "us" or "our". These Terms of Use apply to all products and services offered by GreenGoose on the Site and otherwise (collectively, the “Services”), including without limitation, the sensors, the base-station (a.k.a the GreenGoose Egg), the power supply, the Ethernet cable, the applications downloadable on mobile devices and tablet computers (the “Applications”), the Content (as defined below), and the Software (as defined below). Note that special terms might apply to some Services offered by GreenGoose. Any such special terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON OR ACCESSING OR USING ANY GreenGoose SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH GreenGoose. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE GreenGoose SERVICES.

GreenGoose reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use or on the Site. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using all the Services.

Age and Eligibility

IN ORDER TO USE THE SERVICES YOU MUST BE AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 YEARS OF AGE. INDIVIDUALS WHO ARE UNDER THE AGE OF 18 OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN THEIR JURISDICTION (THE "MINORS") ARE PROHIBITED FROM USING THE SERVICES. ACCORDINGLY, IF YOU ARE A MINOR, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE SERVICES OR SEND ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, OR EMAIL ADDRESS. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR, WE WILL DELETE THAT INFORMATION AS SOON AS REASONABLY PRACTICABLE. IF YOU BELIEVE THAT WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT A MINOR, PLEASE CONTACT US AT legalstuff@greengoose.com . YOU REPRESENT THAT THE REGISTRATION DATA (AS DEFINED BELOW) THAT YOU PROVIDE ABOUT YOURSELF (INCLUDING YOUR AGE) AS REQUESTED IN ANY ACCOUNT REGISTRATION FORM IS ACCURATE AND COMPLETE.

Agency

You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Account Registration

Services may require you to create an account to participate or to secure additional benefits (the “Account”). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at legalstuff@greengoose.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.

We may, in our sole and absolute discretion, suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Social Media and Networking Sites

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing GreenGoose to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to GreenGoose and/or grant GreenGoose access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating GreenGoose to pay any fees or making GreenGoose subject to any usage limitations imposed by such third party service providers. By granting GreenGoose access to any Third Party Accounts, you understand that (i) GreenGoose may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account and (ii) GreenGoose may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Submissions for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or GreenGoose’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your GreenGoose Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. GreenGoose makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GreenGoose is not responsible for any SNS Content.

You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to legalstuff@greengoose.com, GreenGoose will deactivate the connection between the GreenGoose Services and your Third Party Account and delete any information stored on GreenGoose’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.

Payment Terms

Certain aspects of the Services are, or may in the future be, provided for a fee or other charge. In the event you choose to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted on the Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms of Use. All fees and applicable taxes, if any, are payable in United States dollars.

Use of Services

Subject to your compliance with these Terms of Use, GreenGoose grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Applications on a mobile device or computer that you own or control and run such copies of the Applications solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. GreenGoose reserves all rights in the Applications not expressly granted to you by these Terms of Use.

The content contained on the Services, such as text, data, information, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by GreenGoose or by third parties that have licensed their Content to GreenGoose. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Services are configured to enable the download of particular Content, subject to your compliance with these Terms of Use, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of GreenGoose, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of GreenGoose, "mirror" on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of GreenGoose. The trademarks, logos and service marks (the "Marks") displayed on the Services are owned by GreenGoose or third parties. You are prohibited from use of those Marks without the express, written permission of GreenGoose or such third party. If you would like information about obtaining GreenGoose's permission to use the Content on your website, e-mail us at legalstuff@greengoose.com.

Subject to your compliance with these Terms of Use, in the event that we offer downloads of software on the Services and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Special Notice Regarding the Collection of User Information

Once you connect your base-station to your Wifi and access the related Services, certain information that is collected by your sensors will upload from your sensors to GreenGoose. Such information may also be uploaded from your sensors to other third party application providers to the extent you have given us your permission to do so. You should review GreenGoose's Privacy Policy at http://www.greengoose.com/privacy-policy for more information regarding the ways in which GreenGoose collects, uses and shares this information and other information relating to you. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND SHARING OF THIS INFORMATION IN ACCORDANCE WITH THIS PARAGRAPH AND OUR PRIVACY POLICY.

Public Forums and Communication

"Public Forum" means an area, site or feature offered as part of the Services that offers the opportunity for users to submit content (the "User Submissions") for viewing by one or more users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, GreenGoose or any other third party. You may be held legally responsible for damages suffered by other users, GreenGoose or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Services. GreenGoose is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through the Services in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting User Submissions to the Services, you automatically grant, or warrant that the owner of such material has expressly granted, GreenGoose the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant GreenGoose the right to edit, copy, publish and distribute any User Submissions you make available on the Services.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using the Services or Public Forum.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (the “Feedback”). You may submit Feedback by emailing us at legalstuff@greengoose.com or through any other means provided in the Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of GreenGoose and you hereby irrevocably assign to GreenGoose and agree to irrevocably assign to GreenGoose all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At GreenGoose’s request and expense, you will execute documents and take such further acts as GreenGoose may reasonably request to assist GreenGoose to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Rules of Conduct

You agree that you will not submit any User Submission on the Services that:

  1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  2. is bigoted, hateful, or racially or otherwise offensive;
  3. is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  4. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  5. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  6. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  7. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site;
  8. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
  9. is false or misleading.

We cannot and do not assure you that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from the Services that in our opinion violates these Terms of Use (including the Rules of Conduct).

Links to Third Party Sites, Products, and Services

The Services may contain links to third party websites, applications, products, and services that are offered and/or maintained by others (collectively, “Third Party Services”). Any such links are provided solely as a convenience to you and not as an endorsement by GreenGoose of the Third Party Services. GreenGoose is not responsible for such Third Party Services and does not make any representations or warranties regarding such Third Party Services or the privacy practices of such third parties. If you decide to access such Third Party Services, you do so at your own risk.

Copyright Policy; Digital Millennium Copyright Act

GreenGoose respects the intellectual property rights of others. It is GreenGoose's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to GreenGoose, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email:
copyrights@greengoose.com

By Mail:
DMCA Designated Agent
Attn: Legal Department
GreenGoose, Inc.
153 Townsend Street, 9th Floor
San Francisco, CA 94107

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services to countries or persons prohibited under export control laws. By downloading the Services, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.

Warranties; Disclaimers; Limitation on Liability

THE GreenGoose SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GreenGoose EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GreenGoose MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GreenGoose MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GreenGoose OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT GreenGoose DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES GreenGoose MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. GreenGoose MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER GreenGoose NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GreenGoose HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL GreenGoose’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO GreenGoose FOR USE OF THE SERVICES, OR FIFTY DOLLARS ($50.00 USD) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GreenGoose AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless GreenGoose and its affiliates, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Accessing and Downloading the Applications from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

  1. You acknowledge and agree that (i) these Terms of Use are concluded between you and GreenGoose only, and not Apple, and (ii) GreenGoose, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GreenGoose and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GreenGoose.
  4. You and GreenGoose acknowledge that, as between GreenGoose and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and GreenGoose acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GreenGoose and Apple, GreenGoose, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  6. You and GreenGoose acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  7. Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Site will be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. By using the Services, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Services is the United States District Court for the District of California, or any California State court sitting in San Francisco County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without GreenGoose’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. GreenGoose may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

The failure of GreenGoose to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GreenGoose. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contact GreenGoose

In the event of a complaint, or to request further information, we may be contacted in writing at GreenGoose, Inc., 153 Townsend Street, 9th Floor, San Francisco, CA 94107, USA, or by e-mail at legalstuff@greengoose.com.