Terms and Conditions
The purpose of this institutional website (hereinafter "Website"), accessible at the address www.thegreenvacuum.com is to provide information on the Green Vacuum, LLC.
The “Green Vacuum, LLC,” “Green Vacuum,” or “TGV” refers to The Green Vacuum, LLC and all its affiliates.
By accessing or using this Website in any way, including but not limited to, use of any of the services, downloading and/or copying of any materials and/or content, or merely browsing this Website, you agree to and are bound by the Terms & Conditions of this Website.
Website Content Reliability
The Green Vacuum, LLC, owner of this Website, will on an ongoing basis use its best efforts to ensure the reliability of all the information provided on this Website at the time it is put online, as well as its availability.
The Green Vacuum, LLC, reserves the right to modify or rectify the content of the information and documents published on this Website at any time, without notice, at its sole discretion. Your continued use of the Website, or any materials or services accessible through it, after such modifications or rectifications have been made constitutes your acceptance of the changes.
In clicking on any page, hyperlink, document, icon, or viewing any other materials not specifically listed herein but contained within the Website, you hereby agree to be bound by the Terms & Conditions at the time which you click or view any of the above, meaning the most current version of the Terms & Conditions at the time of use.
If you access the Website via a third party affiliate or third party source unrelated to The Green Vacuum, LLC you are still governed by the Terms and Conditions of this Website, and are found to have accepted the Terms & Conditions once you enter or load the Website.
As a visitor to the Website, you have a duty to read from time to time the current version of the Terms & Conditions located in this Website in order to be aware of any material changes made herein.
The Green Vacuum, LLC (as well as any other TGV affiliate) shall not be held responsible for errors or omissions in the information disseminated or technical problems encountered on the Website and on all the other sites to which it establishes links, or any interpretation of the information published on these sites, or the consequences of their use.
More generally, The Green Vacuum, LLC (as well as any other TGV affiliate) accepts no responsibility for any damage, direct or indirect, whatever the cause, origin, nature or consequence, caused by the access of anyone to the Website or the impossibility of accessing it, or by the use of the Website and/or the credit given to any information coming directly or indirectly from this Website.
Products & Services
By using this website you are bound by the current rates and restrictions of any products and services, if available, and any authorized written promotions and/or authorized written communications you have received from The Green Vacuum, LLC.
By enrolling in, using, or paying for The Green Vacuum, LLC products and/or services, you agree to the rates, charges, and terms and conditions included in this Website and any amendments thereto. If these terms and conditions are not acceptable to you, discontinue use of this Website, do not use the product and/or service and immediately call customer service for instructions on how to cancel a product or service.
The Green Vacuum, LLC reserves the right to change its rates, charges, authorized promotions, Terms & Conditions, and available products and services at any time, without notice.
Buyer – a person or entity that either purchases or intends to purchase a product or service from The Green Vacuum, LLC.
A Buyer is responsible for charges for products and services purchased via this Website. This responsibility is not changed by virtue of any use, misuse, or abuse of this Website undertaken or caused by third parties unaffiliated with The Green Vacuum, LLC.
A Buyer must immediately notify The Green Vacuum, LLC of changes in its invoicing address, or if applicable in the credit card or bank account used for payment.
Any promotional credits and/or other credits offered by The Green Vacuum, LLC cannot be assigned, but must be used by the person or entity to whom they were offered and who earned the credit.
In the event a Buyer is offered a promotional credit or other credit and does not use said credit within twelve (12) months of the date of said credit, then The Green Vacuum, LLC reserves the right to cancel said credit as expired or void. If honored at the sole discretion of a representative of The Green Vacuum, LLC it does not waive The Green Vacuum, LLC’s right to exercise its right to cancellation for other promotions.
Termination of Use or Access to Website
The Green Vacuum, LLC reserves the right to discontinue furnishing services, cancel your account, and/or block your access to The Green Vacuum, LLC network, without incurring any liability, immediately and without notice if The Green Vacuum, LLC deems that such action is necessary and/or required to prevent or to protect against fraud or to otherwise protect The Green Vacuum LLC’s personnel, agents, facilities, or services.
Unless otherwise stated, the intellectual property rights contained in this Website and in each element created for this Website are the sole property of The Green Vacuum, LLC, who grants no license or right other than that of consulting the Website. Any and all materials located on this Website are protected by copyright, trademark, patent, and/or other intellectual property and proprietary laws, and any unauthorized use of the materials or content found on this Website may violate one or more of such laws and the terms and this Website’s terms and conditions. The reproduction of all documents published on the Website (notably, the photographs, films and animations) is solely authorized for information purposes only for personal and private use, any reproduction and any use of copies made for other purposes being expressively prohibited. The corporate names, logos, products, brands and domain names mentioned on this Website are the property of The Green Vacuum, LLC and must not be used without prior and written authorization from the company concerned.
In using this Website and without seeking prior written authorization from The Green Vacuum, LLC allowing the contrary, you agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on this Website, its materials, or its services except as expressly authorized herein. Further, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Website.
Use of Software Applications
The software applications and accompanying documentation that is made available to use from this Website is the copyrighted and/or patented work of The Green Vacuum, LLC and/or its suppliers. Absent a license agreement that accompanies the software application, use of the software application will be governed by the Terms & Conditions. You will not be able to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software application. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software application available on the Website.
Use of The Green Vacuum, LLC Content
Except as indicated to the contrary elsewhere on this Website, you may view, download, and print the The Green Vacuum, LLC content available on this Website subject to the following conditions:
- The Green Vacuum, LLC content may be used solely for personal, informational, and internal purposes.
- The Green Vacuum, LLC content may not be modified or altered in any way.
- The Green Vacuum, LLC content on the Website may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in The Green Vacuum, LLC content.
- The Green Vacuum, LLC reserves the right to revoke the authorization to view, download, and print The Green Vacuum, LLC content available on this Website at any time, and any such use shall be discontinued immediately.
- The rights granted to you constitute a license and not a transfer of title.
Important exceptions. Various sections of this Website may showcase the work of creative professionals. Such works may belong to their creators and may be protected by copyright or other proprietary laws, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
License to The Green Vacuum, LLC for User Content
Certain services offered through this Website accommodate or require user content. Depending upon the nature of the service, by submitting user content to this Website, you grant The Green Vacuum, LLC one of the following types of licenses:
- For user content that is the result of your efforts and which is intended to be displayed on the Website, you grant The Green Vacuum, LLC worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Website administration only) and reproduce such user content. You also grant The Green Vacuum, LLC the right to distribute and publicly display and perform such user content for the purpose for which such user content was submitted to the Website. This license will be in effect until such user content is removed from the Website.
- For user content such as comments to The Green Vacuum, LLC in the form of bug reports, or product suggestions, you grant The Green Vacuum, LLC and the users of this Website an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such user content, and you also agree that The Green Vacuum, LLC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such user content to us unless: (a) you grant us permission to do so; (b) we first notify you that the user content you submit to a particular part of the Website will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of The Green Vacuum, LLC or others.
Rules of Conduct for this Website
In using this Website, including all services and materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service, or system without authorization from The Green Vacuum, LLC;
- not to access or attempt to access any user content which you are not authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, or any services, materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites.
Although it is not our intention to do so, The Green Vacuum, LLC reserves the right, in its sole discretion, to delete or remove user content from the Website and to restrict, suspend, or terminate your access to all or part of this Website, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms and Conditions) without prior notice or liability.
The Green Vacuum, LLC may, but is not obligated to, monitor or review (i) any areas on the Website where users transmit or post user content, including but not limited to areas where services are available; and (ii) the substance of any user content.
To the maximum extent permitted by law, The Green Vacuum, LLC will have no liability related to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Green Vacuum, LLC also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
Use and Protection of Account Number and Password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE GREEN VACUUM, LLC OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS WEBSITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS WEBSITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE GREEN VACUUM, LLC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED THROUGH THE WEBSITE, OR ANY DEFECTS IN THE WEBSITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE GREEN VACUUM, LLC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND THE GREEN VACUUM, LLC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) THE GREEN VACUUM, LLC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE WEBSITE; (ii) THE GREEN VACUUM, LLC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) THE GREEN VACUUM, LLC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Indemnity and Liability
You agree to indemnify and hold The Green Vacuum, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through this Website (including, without limitation, any user content or computer viruses), your use of this Website, your connection to this Website, your violation of the Terms and Conditions, the actions of any member of your company, or your violation of any rights of another person or entity.
Governing Law and Jurisdiction
This Website (excluding linked sites) is controlled by The Green Vacuum, LLC from its offices within the state of Florida, United States of America. By accessing this Website, you and The Green Vacuum, LLC agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. You and The Green Vacuum, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the County and Circuit Court of Hillsborough County and the United States District Court for the Middle District of Florida with respect to such matters.
TERMS & CONDITIONS FOR SALE OF GOODS AND SERVICES
ALL SALES OF THE GREEN VACUUM, LLC PRODUCTS AND SERVICES, HEREIN REFERRED TO AS SELLER, ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS BY THE BUYER NOTED ON THE INCLUDED INVOICE.
Definitions: Any terms defined herein will maintain said definition throughout. Any undefined or ambiguous terms should be read using their plain meaning based on its usage in the English language.
"Buyer" means the organisation or person who buys Goods;
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means The Green Vacuum, LLC.
Quotation: Any quotation, including the referenced terms and conditions, must be accepted before the fulfillment of any orders. These terms and conditions will take precedence over any pre-printed, additional, or different terms and conditions on your request for quotation, purchase orders, invoices, sales or marketing materials, or other business documents.
Formation of Contract: The included quote, rate, or charge is an offer to sell the Buyer the products described in the invoice. By making payment in a legally suitable manner or signing and agreeing to make payment, upon approval, within a specified time frame in a formal agreement to purchase otherwise known as a Purchase Order, Buyer agrees to purchase the products and services on the terms and conditions specified in this Agreement.
Scope: These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller
Sample: Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
Purchase Orders: All Purchase Orders submitted to Seller must state with specificity the name of Buyer, the name of Buyer’s authorized representative, the amount of units to be purchased, the location where units are to be shipped, and method of payment. If any of these material terms are omitted, then the Purchase Order is deemed incomplete. Seller is not liable for any incomplete or incorrect orders as a result of errors or omissions on the Purchase Orders supplied by Buyer.
Price: The price shall be the Recommended Wholesale Price less agreed discount, if applicable, unless otherwise agreed in writing between the parties. The price is exclusive of value added tax (“VAT”) or any other applicable costs.
Payment: All methods of legal tender accepted.
Overdue Payment: The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of two percent annually. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
Require payment in advance of delivery in relation to any Goods not previously delivered;
Refuse to make delivery of any undelivered Goods without incurring any liability to the Buyer for non-delivery or any delay in delivery.
Delivery: Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within fourteen (14) days of signed receipt to enable replacement or refund.
Cancellation: Orders received by seller are accepted with the understanding that they are not subject to cancellation or modification once shipped. Should Buyer cancel and return the entirety or a portion thereof, a restocking fee of 15%of the cost per unit will be assessed against the Buyer for each unit returned. Seller must receive notice of cancellation in writing from Buyer or an authorized agent of Buyer prior to shipment of the purchased goods in order to properly effectuate a cancellation.
Duty to Inspect: The Buyer has a duty to inspect all shipment of goods received from Seller for any deficiencies, defects, damages arising from transit, and the like. Buyer must notify Seller within a reasonable time of receipt and acceptance of goods, not longer than 30 days from date of receipt, of any problems with the delivered goods so that Seller may remedy same.
Risk: Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title: Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
Return of Unused Goods: All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply. Any returns must be authorized by a representative of the Seller before any credit will be given. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of shipment and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. Credit of amounts due or paid in will only be given for goods that are in salable condition less a restocking fee in the amount of 15% of the cost per unit.
Limitation of Liability: The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
Intellectual Property Rights: All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
Force Majeure: The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate this Agreement.
Relationship of Seller and Buyer: Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
Assignment and Subcontracting: This Agreement between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
Waiver: The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Severability: If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.