Terms of Use

LEGAL RESTRICTIONS AND TERMS OF USE APPLICABLE TO THIS SITE

Use of NeergHall.com and any other site owned or operated by or on behalf of Green Kids rock, Inc. or any of its subsidiaries (“GKR”) (such sites, collectively referred to herein as this “Site”) signifies your agreement to the following legal restrictions and terms of use (collectively, “Terms of Use”). Please read these Terms of Use carefully before using this Site. By using this Site, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

USE OF MATERIALS

This site is owned and operated by GKR and, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of NeergHall.com are the property of GKR and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from NeergHall.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of GKR’s copyright, trademark and trade secret rights and others' proprietary rights. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is strictly prohibited.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") are licensed to you by GKR. GKR does not transfer title to the Software to you. As between you and GKR, GKR retains full and complete right, title and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, lease, license, decompile, reverse-engineer or disassemble the Software.
You hereby grant GKR and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including, without limitation, the right to copy, publish, perform, display, distribute or adapt any material you upload to, distribute through or post on NeergHall.com, including, without limitation, information distributed via message boards, chat rooms and/or blogs or through any other features on NeergHall.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on NeergHall.com. Users are not permitted to upload to, distribute through or otherwise publish through NeergHall.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages or public announcements are not allowed on NeergHall.com. Unauthorized collection or use of e-mail addresses via NeergHall.com is strictly prohibited.
Please be aware that information you post on, upload to or distribute through a message board, chat room, blog or any similar feature may be accessible by other users of NeergHall.com. Please be sure that any such information is information that you are comfortable sharing with the public.
Users are solely responsible for the content of their messages including, without limitation, the content of “Tell a Friend” or any other features on NeergHall.com. GKR is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of NeergHall.com. You acknowledge that GKR may or may not pre-screen and monitor content posted on NeergHall.com, and that GKR shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room or similar feature on NeergHall.com at any time and for any reason, in GKR’s sole and absolute discretion.
You hereby agree to comply with all laws and regulations that apply to your use of or activities on NeergHall.com and any rules governing conduct on NeergHall.com, including, without limitation, use of specific features or services offered thereon, whether in these Terms of Use or otherwise.

NO PERSONAL ADVICE

Any informational materials provided on NeergHall.com, including, without limitation, the opinions or recommendations of any authors or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitating the Disclaimer paragraphs set forth below, GKR makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person who follows the information offered or provided within or through NeergHall.com. If you require professional advice, then you should consult with a qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties including, without limitation, job seekers, employers or advertisers that you encounter through NeergHall.com are solely between you and such person or entity. You agree that GKR shall not be responsible or liable in any way for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that GKR does not endorse, verify or make any representations regarding any third-party advertisements, products or services and does not confirm that each user of NeergHall.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on NeergHall.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE

GKR may add, change, discontinue, remove or suspend any portion of NeergHall.com at any time and from time to time, without notice.

USER ACCOUNTS

Certain portions of NeergHall.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for any and all activities that occur under your account or password and that you will not sell, transfer or assign your account or allow others to use it. You are solely responsible for maintaining the confidentiality of any user name and password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of NeergHall.com using your account or identity. GKR reserves the right, in its sole and absolute discretion, and without notice to you, to terminate your account or to restrict your access to all or any part of NeergHall.com for any reason, including, without limitation, for extended periods of inactivity.

TERMINATION

This Terms of Use is effective until terminated by either party. You may terminate this Terms of Use at any time by destroying all materials obtained from NeergHall.com and all related documentation and all copies and installments thereof whether made under the terms of this Terms of Use or otherwise. This Terms of Use will terminate immediately without notice from GKR, if in GKR's sole and absolute discretion, you fail to comply with any term or provision of this Terms of Use, if you are a repeat infringer of any third-party's rights or if you engage in conduct that is illegal or that interferes with the technological operation of this Site. Upon termination, you must destroy all materials obtained from NeergHall.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

GKR makes no representations or warranties with respect to NeergHall.com or its contents, which are provided for use “as is” and “as available.” GKR disclaims all warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, with respect to NeergHall.com and any website with which it is linked. GKR does not warrant the functions, information or links contained on NeergHall.com or that its contents will meet your requirements, that NeergHall.com or its contents are fit for any particular purpose or that the operation of NeergHall.com or its contents will be uninterrupted or error-free, that defects will be corrected or that this Site or server that makes it available will be free of viruses, worms, Trojan horses, cancel bots or other harmful components. GKR does not warrant or make any representations regarding the use or the results of the use of the materials on NeergHall.com in terms of their correctness, accuracy, reliability or otherwise. You, and not GKR, assume any and all cost or expense of any and all necessary servicing, repair or correction.
GKR shall not be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on NeergHall.com. In no event shall GKR’s total liability to you for all damages, losses and causes of action (whether in contractor otherwise) exceed the amount paid by you, if any, for accessing NeergHall.com.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING NEERGHALL.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION

By using NeergHall.com, you agree to indemnify, defend and hold harmless GKR from and against any and all actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on NeergHall.com; or (3) any material uploaded by you or through your computer to NeergHall.com or otherwise sent by you to GKR. You will cooperate as fully and reasonably as required by GKR in the defense of any claim. GKR reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of GKR.

JURISDICTIONAL ISSUES

NeergHall.com is controlled and operated by GKR from its offices in Chardon, Ohio, United States of America. GKR makes no representation that materials on NeergHall.com are appropriate or available for use in other locations. Those who choose to access Neerghall.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No Software from NeergHall.com may be downloaded or otherwise exported or re-exported into any other country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.

OTHER

This Terms of Use shall be governed by and construed in accordance with the laws of the state of Ohio, without giving effect to any principles of conflicts of law. You and GKR each agree to submit to the exclusive jurisdiction of the state and federal courts of the state of Ohio. If any provision of this Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein and may not be amended except through a written agreement executed by you and GKR.

PERMISSION FOR REPRINTS

All material on NeergHall.com is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on NeergHall.com (outside of personal, non-commercial use), please write to:
Green Kids Rock
11305 Wellington Drive
Chardon, Ohio 44024

PERMISSION FOR WEB LINKING

If you link to NeergHall.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by GKR. Any such link must not damage, dilute or tarnish the goodwill associated with GKR or any of GKR’s intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with GKR, and you may not “frame” NeergHall.com. You may not link to NeergHall.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in GKR’s sole and absolute discretion. GKR reserves the right, in its sole and absolute discretion, to terminate any link from any web site.
To request permission to place a link from your web site to NeergHall.com, please send your name, address, web site URL, and nature of the web site to: wwercion@greenkidsrock.com.
GKR reserves the right, at its sole and absolute discretion and without notice, to change, modify, add or delete portions of these Terms of Use at any time and from time to time. Updated April 23, 2010.