GENERAL TERMS AND CONDITIONS OF USE:

1. General.

These General Terms and Conditions of Use ("Terms") are entered into by and between you and Green Sneakers, Inc., a New Jersey corporation ("Green Sneakers"). In consideration of your use of and access to this Internet site (the “Green Sneakers Site”), and the promises and obligations herein, and intending to be legally bound, you and Green Sneakers hereby agree as follows:

Your access to and use of the Green Sneakers Site is subject to these Terms, as well as any modifications issued by Green Sneakers to these Terms, and all applicable laws and regulations. BY USING THE GREEN SNEAKERS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Green Sneakers Site.

Among other things, the Green Sneakers Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Green Sneakers Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Green Sneakers Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms.

Green Sneakers shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Green Sneakers Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Green Sneakers Site. You are responsible for reviewing the Green Sneakers Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Green Sneakers to these Terms. ANY ACCESS OR USE OF THE GREEN SNEAKERS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Green Sneakers shall be valid or enforceable against Green Sneakers unless expressly agreed to by Green Sneakers in a writing signed by a duly authorized officer of Green Sneakers.

3. Termination.

These Terms are effective until terminated by Green Sneakers. Green Sneakers may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Green Sneakers Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Green Sneakers shall also have the right without notice and at any time to terminate the Green Sneakers Site or any portion thereof, or any products or services offered through the Green Sneakers Site, or to terminate any individual's right to access or use the Green Sneakers Site or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Green Sneakers Site and your purchase of the items on the Green Sneakers Site. You must be at least 18 years old to use the Green Sneakers Site.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Green Sneakers Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions, or typographical errors or may be out of date. Green Sneakers may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Green Sneakers in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Green Sneakers or by third parties that have licensed their use to Green Sneakers. You may view and use the Content only for your personal information and for shopping and ordering on the Green Sneakers Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Green Sneakers does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Green Sneakers Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Green Sneakers, is strictly prohibited.

6. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including Green Sneakers vendors, do not constitute sponsorship, endorsement, or approval by Green Sneakers of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Green Sneakers, and Green Sneakers is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Copyrighted Material

All of the information, content, software and materials offered by GreenSneakers.com is protected by copyright and other pertaining laws. Access to any offering by GreenSneakers.com or related third-parties constitutes a license to use and not ownership of any kind. Further, all downloadable elements, digital scrapbook kits, etc. are copyright the original creator. Replication in any manner is strictly forbidden without prior written consent from the respective parties. You may use these materials for personal, non-commercial use only. Modification of the copyrighted or other proprietary material is not allowed and removal of any copyright or other proprietary rights notices contained within the materials is not allowed without prior written consent.

8. Third-party Software

We may make software and/or digital downloads fro m third-party co mpanies available to you. Each software product is subject to the individual co mpany’s ter ms and conditions and the agree ment between you and the respective co mpany may require that you first agree to the respective software licenses and/or warranties. GreenSneakers.com does not guarantee any third-party software to be free of har mful code such as viruses, wor ms, data, or other files or progra ms designed to da mage or allow unauthorized access to your co mputer which may cause any defect, error, malfunction or corruption. As such, we do not offer any warranty on third-party software you download using our Service.

9. Prices; Orders.

All prices displayed on the Green Sneakers Site are quoted in U.S. dollars. Green Sneakers may restrict delivery to addresses within the United States and Canada. Green Sneakers will add shipping and handling fees and applicable sales/use tax. Green Sneakers reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Green Sneakers without incurring any obligation to you.

The receipt by you of an order confirmation does not constitute Green Sneakers’ acceptance of an order. Prior to Green Sneakers’ acceptance of an order, verification of information may be required. Green Sneakers reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Green Sneakers, for any reason. Green Sneakers reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Green Sneakers shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order iscanceled, Green Sneakers shall promptly issue a credit to your credit card account in the amount of the incorrect price.

10. Disclaimer and Limitation of Liability as to the Green Sneakers Site and Content.

GREEN SNEAKERS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GREEN SNEAKERS SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. GREEN SNEAKERS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GREEN SNEAKERS SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GREEN SNEAKERS SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE GREEN SNEAKERS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE GREEN SNEAKERS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL GREEN SNEAKERS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, NDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GREEN SNEAKERS SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GREEN SNEAKERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Disclaimer and Limitation of Liability as to Products and Services.

We want you to be completely satisfied with your Green Sneakers purchase. If for any reason you are not entirely pleased with a product you purchased on the Green Sneakers Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. Shipping costs will only be refunded when a result of Green Sneakers error. Returns and refunds can be made only for items purchased from greensneakers.com. We cannot exchange items unless they are defective or damaged. Items that are returned more than 30 days after delivery, are in unsellable condition, or are missing parts will be charged a restocking fee at our discretion. We cannot accept items returned after 60 days.

ALL PRODUCTS AND SERVICES SOLD BY GREEN SNEAKERS ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, GREEN SNEAKERS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, GREEN SNEAKERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE GREEN SNEAKERS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL GREEN SNEAKERS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE GREEN SNEAKERS SITE, VEN IF GREEN SNEAKERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREEN SNEAKERS'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

12. Indemnification.

You agree to defend, indemnify, and hold harmless Green Sneakers, Green Sneakers’ vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Green Sneakers Site. The foregoing indemnification obligation shall survive termination of these Terms and the Green Sneakers Site and any product or service provided to you arising out of or relating to your use of the Green Sneakers Site.

13. Submissions.

Except as otherwise expressly provided herein or in the Green Sneakers PRIVACY STATEMENT posted on the Green Sneakers Site, any communication or material you transmit to the Green Sneakers Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Green Sneakers, Green Sneakers vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Green Sneakers, Green Sneakers vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Green Sneakers Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

14. Miscellaneous.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Green Sneakers of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Green Sneakers shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of the Green Sneakers Site shall not be construed as Green Sneakers’ purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of New Jersey. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of New Jersey, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on the Green Sneakers Site or to these Terms, the United States District Court of New Jersey shall have sole and exclusive jurisdiction and venue over such action, or if that court lacks subject matter jurisdiction, the Hunterdon County Court of Common Pleas shall have sole and exclusive jurisdiction and venue over such action

© 1998 - 2006 Green Sneakers, Inc. All rights reserved. All trademarks, service marks and logos are owned by or registered to Green Sneakers, Inc. All other product or brand names are trademarks of their respective owners. URL: http://www.greensneakers.com