Terms of Use

 
ACCEPTANCE OF TERMS OF USE


Welcome to maryrollinger.com.   By using and viewing websites operated by Mary Rollinger and/or its affiliates and subsidiaries ("Mary Rollinger") including. www.maryrollinger.com or any other sites developed in the future (“Website”) or purchasing products or services offered on the Website or at any onsite location, you accept these terms (“Terms Of Use”) and the terms of the Privacy Policy found on the Website.  You may not use the Website if you do not agree to these conditions. By using the Website, you signify your assent to these conditions and your acceptance creates a legal agreement between us. Please read these conditions carefully.

Mary Rollinger may, in its sole discretion, revise these Terms Of Use and related policies at any time by posting such changes on its Website. It is your responsibility to review the Terms Of Use from time to time and be familiar with the most up-to-date versions of the Terms of Use and related policies.

USER LICENSE

As a condition of your use of this Website and your purchasing of products or services offered on the Website, you agree that:

•         You will comply with federal and local laws or rules regarding online conduct

•         You are an individual person at least 18 years of age

•         You possess the authority to create a binding legal obligation

•         Your will at all times comply with the terms of this Agreement

•         You are responsible for your own use and the use of your account by anyone you allow to access it

•         If you elect to create an account, you will make legitimate purchases that comply with the terms of this Agreement

•         You will safeguard your password and supervise the use of your account and you accept responsibility for all activities that occur under your account or password

•         You will not access the Website using  third parties’ account information without their express consent

•         You will not engage in any activity that interferes with or disrupts the Website

•         You will not commit any acts of infringement on the Website or with respect to the content on the Website

•         You will not copy any content for republication in print or online without Mary Rollinger’s express written consent

•         You will not disrupt or otherwise harm or violate the security of the Website or any accounts, passwords, content, servers, networks or resources accessible through the Website

•         You have the right to provide any and all personal information you submit to the Website and that all such information is accurate, true, current and complete

•         You will maintain and promptly update the personal information you provide to keep it accurate, true, current and complete

•         You will immediately notify Mary Rollinger of known or suspected unauthorized use of your password or account or any known or suspected breach of security including loss, theft or unauthorized disclosure of your password or credit card information

•         You will report any violations of this Agreement by others to Mary Rollinger

By using the Website, you are granted a limited license to access and make personal use of the Website and not to download or modify any portion of it (other than page caching). This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of yourself or third parties; or any use of data mining, robots, or similar data gathering and extraction tools.  None of the contents in this Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, other than as expressly permitted in these terms, without the written consent of Mary Rollinger. You may not use any Mary Rollinger logo or other proprietary graphic or other work as part of a link without written permission.

WEBSITE CONDUCT

This Website is private property. All interactions on this Website must be lawful and must comply with these Terms Of Use. To the extent your conduct restricts or inhibits any other user from using or enjoying any part of this Website, we may limit or suspend your privileges on the Website and seek other remedies. Mary Rollinger’s actions or inactions regarding your account at any time shall not be construed as or operate as a waiver of Mary Rollinger’s rights as set forth in these Terms of Use.   The following activities are prohibited on the Website and constitute express violations of this Agreement:

•         Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Mary Rollinger account;

•         Using any Mary Rollinger account to purchase goods or services for resale, false, fraudulent or any other purpose not expressly permitted by these Terms Of Use or the terms of any offer on the Website;

•         Attempting to or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

•         Attempting to scan or test the security or configuration of the Website or to breach security or authentication measures without proper authorization;

•         Tampering or interfering with the functionality of any part, page or area of the Website and any and all products and services provided by Mary Rollinger;

•         Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Website, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Website;

•         Using the Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Mary Rollinger;

•         Using the Website or any of its resources to solicit Mary Rollinger customers or other business partners of Mary Rollinger to become customers or partners of other services directly, indirectly or potentially competitive with Mary Rollinger.

•         Using any customer or other private information from the Website for any commercial purpose;

•         Accessing, monitoring or copying any content or information from this Website using any automated means or manual processes for any purpose without our express written permission;

•         Bypassing or circumventing  measures employed to prevent or limit access to this Website;

•         Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure as determined in our sole discretion;

•         Aggregating any content or other information from the Website with material from other sites or on a secondary site without our express written permission.

•         Deep-linking to any portion of this Website without our express written permission;

•         Acting illegally or maliciously against the business interests or reputation of Mary Rollinger or our products or services; or

•         Hyperlinking to the Website from any other website without our express written consent.

WEBSITE AVAILABILITY

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Website access may be interrupted, suspended or terminated.  

YOUR ACCOUNT

If you create an account with Mary Rollinger, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you commit fraud or falsify information in connection with your use of the Website or in connection with your Mary Rollinger account, your account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we may suffer including but not limited to any attorney’s fees and costs that we may incur to enforce the Terms Of Use, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Website.

When you establish an account, you must provide certain current, complete, and accurate information about yourself. You agree not to misrepresent your identity.  If you are under 18, you may use greengenerations.com only with involvement of a parent or guardian who will be responsible for your use. If you want to terminate your account and your legal agreement with Mary Rollinger, you may do so by notifying Mary Rollinger via email or by calling at any time. Mary Rollinger reserves the right to refuse service, terminate accounts, remove or edit content, cancel services or deny access to the Website to anyone or any account at any time in its sole discretion. If you violate any of the terms in this Agreement, we may in our sole discretion terminate your account. Mary Rollinger’s allowance of any account in violation of the terms of this Agreement to continue to operate shall be construed or operate as a waiver of Mary Rollinger’s rights in this Agreement.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DIGITAL MILLENNIUM COPYRIGHT ACT

Mary Rollinger reserves the right to terminate its agreement with you or any other user of the Website who infringes third-party copyrights.  If you believe that any content on the Website infringes upon your copyright(s), you may send Mary Rollinger notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that Mary Rollinger remove the material or restrict access to it.  The notice should include (i) an identification of the copyrighted work and location on the Website of the allegedly infringing work; (ii) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (iii) your name and contact information including telephone number and email address and (iv) a statement that the information in your notice is accurate and under penalty of perjury you are the copyright owner or authorized to act on the copyright owner’s behalf. 

OWNERSHIP

All content and information included on this Website including but not limited to graphics, logos, text, icons and images is the property of Mary Rollinger. Your use of the Website does not transfer to you any ownership or other rights in these and you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer or sell any information obtained through the Website.

PROPRIETARY  WORK

Mary Rollinger.com graphics, logos, page headers, button icons, scripts, and service names are deemed proprietary work owned by Mary Rollinger and are the trade dress of Mary Rollinger in the U.S. and/or other countries. Mary Rollinger's  trade dress and proprietary work may not be used in connection with any product or service that is not Mary Rollinger's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Mary Rollinger. All other proprietary work or trademarks not owned by Mary Rollinger that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mary Rollinger.

THIRD PARTY CONTENT

The Website may contain content from or links to "third-party" websites that are not owned or operated by Mary Rollinger.  Mary Rollinger does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any "third-party" websites.  You hereby release Mary Rollinger from any and all liability arising from your use of any third-party websites.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE IS PROVIDED BY MARY ROLLINGER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARY ROLLINGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE EXTENT PERMITTED BY LAW, MARY ROLLINGER, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS (“MARY ROLLINGER”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MARY ROLLINGER DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE CONTENT OR THE CONTENT LIMITED TO THE WEBSITE IS ACCURATE OR COMPLETE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND IN NO EVENT SHALL IT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  MARY ROLLINGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A "THIRD-PARTY" THROUGH ANY HYPERLINKED WEBSITE AND MARY ROLLINGER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY.  THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  IN NO EVENT SHALL MARY ROLLINGER’S LIABILITY IN CONNECTION WITH A PURCHASE EXCEED THE AMOUNT PAID FOR SUCH PURCHASE.

YOU AND MARY ROLLINGER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABLITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.  YOU SPECIFICALLY ACKNOWLEDGE THAT MARY ROLLINGER SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY "THIRD-PARTY" AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNIFICATION/RELEASE

You agree to indemnify, defend and hold harmless Mary Rollinger its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents and attorneys from and any and all claims including attorney’s fees, damages, obligations, losses, liabilities, costs or debt, and expenses arising from or in connection with (i) any products or services purchased by you from Mary Rollinger or in connection with the Website, (ii) any injuries, accidents or occurrences while onsite at Mary Rollinger pickup locations or while transporting any products purchased from Mary Rollinger, (iii) your use of and access to the Website, (v) your violation of any term of these Terms of Use, (vi) your violation of any "third-party" right, or (vii) any claim that your User Content caused damage to a "third-party". Your defense and indemnification obligation will survive these Terms of Use and your use of the Website. To the extent permitted under applicable laws, you hereby release Mary Rollinger from any and all claims or liability related to any product or service purchased through this Website.

DISPUTES

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Website or Mary Rollinger’s products or services shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles or laws provisions.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  Mary Rollinger makes no claims or assurances that the Website is appropriate or may be downloaded outside of the Unites States. 

You agree that all legal proceedings arising out of or in connection with these Terms of Use, the Website or products or services purchased through the Website or at any Mary Rollinger location must be filed within one year of the time in which the events giving rise to such claim began or your claim will be forever waived and barred.  We will make every reasonable effort to resolve any disagreements that you have with Mary Rollinger.  If those efforts fail, by using this Website you agree that any claim, dispute, or controversy you may have against Mary Rollinger arising out of, relating to, or connected in any way with this Agreement, this Website or any purchase(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Mary Rollinger; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Mary Rollinger’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Mary Rollinger shall be entitled to arbitrate their dispute and the legal proceedings must be filed in a court located in Chautauqua County, New York.

TERMINATION & MODIFICATION

Mary Rollinger reserves the right, in its sole and absolute discretion, to modify, suspend or discontinue at any time, with or without notice, the Website, these Terms of Use and/or any products or services offered on through the Website (or any part thereof), including but not limited to the Website’s features, look and feel, functional elements, products and related services.  Mary Rollinger shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Mary Rollinger considers, in its sole discretion, any of your conduct to be unacceptable or in the event you breach this Agreement. Mary Rollinger’s action or inaction shall not be construed as a waiver by Mary Rollinger to terminate or suspend any of your passwords or accounts later at any time in the event Mary Rollinger considers, in its sole discretion, any of your conduct to be unacceptable or in the event you breach this Agreement.

ADDITIONAL TERMS

Information on our Website is only for informational purposes and is not intended as a substitute for advice from your physician and/or healthcare professional. The products sold on the Website are not intended to diagnose, treat, cure or prevent any disease. You should always consult with a physician and/or healthcare professional before adopting any treatment to address a health problem.

You waive and release Mary Rollinger and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any acts or omissions in connection with your product purchase.

By purchasing any product through this website, you agree to the terms of this Agreement, Terms of Service, the terms of any offers made available to you on the Website and you specifically agree to the waiver of all claims set forth above. These rules apply to all products offered by Mary Rollinger, unless a particular offer’s terms state otherwise, and except as otherwise required by law.  Unauthorized reproduction, resale, modification or trade of offers is prohibited.

Please review our Privacy Policy posted on this Website. We reserve the right to make changes to our Website, policies and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These conditions and the Mary Rollinger policies referred to in these conditions comprise the entire agreement between you and Mary Rollinger. Mary Rollinger may amend these from time-to-time and your continued use after the amended terms become effective will be your agreement to be bound by the terms as amended.

NOTICES

Except as stated otherwise, any notices to Mary Rollinger shall be given provided postal mail with delivery signature to Mary Rollinger 99 S. Erie St., Suite #3, Mayville, NY 14757.