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Molly Green appreciates your interest in using our website. The Molly Green website and its related web pages (the “Website”) are owned and operated by Molly Green, LLC (the “Company” or “we” or “us”). For purposes of these Terms of Use (“Terms of Use”), any person accessing or using any part of the Website is a “User.” Users may include without limitation anyone accessing the Website or posting Content (defined below) to the Website, as well as those selling goods (“Vendors”) or purchasing goods (“Customers”) on the Website. By using the Website, you agree to these Terms of Use; if you do not agree, please do not access or use the Website.

General Disclaimer.

The Website is a community and a marketplace. The Website provides Users with a social media community (“Social Pages”) as well as a venue for buying and purchasing certain goods from Vendors (“Shop Pages”). The Website contains facts, views, comments, images, opinions, statements, recommendations, advertisements, promotions, and other content not owned or controlled by the Company (collectively, “Content”). The Company makes no warranty or representation as to the accuracy, safety, or value of any Content created, published, displayed, uploaded, downloaded, or distributed in, on or through the Website and assumes no liability or responsibility for errors or omissions in Content. As a User, you agree that the Website is a venue and as such the Company is not responsible or liable for any Content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on the Website. Content does not necessarily reflect the views, opinions, or recommendations of the Company and any reliance upon Content is taken at User’s sole risk.

Description of Service.

In order to access the Website service, User is personally responsible for obtaining, providing and maintaining: (1) access to the Internet, including without limitation payment of telephone, cable, or other connection and service fees associated with Internet access; and (2) all equipment required to access and use the Website and the Internet, including without limitation access to a computer and modem. User acknowledges and agrees that the Website may periodically be unavailable due to maintenance or technological issues. The Company accepts no responsibility or liability for the ability or inability of any User to access the Website.

License Terms.

Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the public areas of the Website. All rights not expressly granted to you in these Terms of Use or the Company’s Privacy Policy or other Website policies are reserved and retained by the Company or its licensors or other content providers. Except as expressly provided in these Terms of Use, no Content from the Website may be reproduced, duplicated, transmitted, distributed, copied, sold, resold, or otherwise exploited without the express written consent of the Company or the Content’s rightful owner. User may not edit, alter, overwrite, block, or delete any content created or owned by the Company (“Company Content”). User may not frame or otherwise alter the appearance or functionality of Website. This license does not allow use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content (defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any Content, documents, or information through any means not purposely made available through the Website. The Company reserves the right to bar any such activity. The Company reserves the sole, exclusive and discretionary right to grant or deny any person or entity the right to post Content or sell or advertise a product or service on the Website. User may not take, appropriate, publish, reproduce, or use all or any part of the Website, with the exception of Content originally created and owned exclusively by User, for any purpose without the advance written consent of the Company or the legal owner of the relevant rights to the Content. The license granted by the Company automatically terminates if you do not comply with these Terms of Use or any other terms of service. Portions of the Website may only be accessible to those who have purchased a subscription. The license granted herein is only valid as to those portions of the Website for Users with a current subscription account.

You must be at least 18 years of age to subscribe to the Website and establish a personal account.  A personal account may permit you to post Content on Social Pages, establish a Shop Page to offer items for sale, or purchase items from other User’s Shop Pages. Subscription fees must be paid on a monthly or annual basis or as otherwise provided on the Website. Failure to make timely subscription payments may result in the assessment of late fees, cancellation of your subscription, the removal of your Shop Page, the loss of any Content you may have posted to the Website (however, the Company reserves the right to maintain your Content on the Website indefinitely at its discretion), or other actions as deemed appropriate by the Company.

Loss of Information.

The Company assumes no responsibility or liability for deletion of or failure to store Content created, provided, uploaded, linked or posted in, on or through Website. This applies to Content appearing on Social Pages as well as Shop Pages.

User Conduct.

Use of the Website by User is subject to these Terms of Use, the Privacy Policy, posted policies, rules, procedures, and practices of Website, and applicable law. User is completely responsible for all Content created, provided, uploaded, linked or posted by User or by any person using a personal account registered to, by or on behalf of User. User hereby agrees:

  1. to comply with the laws of the United States and the state of Georgia, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media;
  2. to comply with all posted policies, rules, procedures, and practices of the Company and the Website, including without limitation each and every provision of these Terms of Use;
  3. not to disrupt, interfere with, or access without permission (“hack”) the Website or any website, network, server, system, or computer connected to Website;
  4. not to use the Website or the name of the Website or the Company for or in connection with chain letters, junk mail, or spamming, and not to contact any other User without his or her prior written consent;
  5. not to create, provide, upload, link, post, or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful Content or information on, to or through Website;
  6. not to create, provide, upload, link, post, or transmit any Content or information on, to or through Website which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law; and
  7. not to intentionally interfere with the operation of the Website or the use and enjoyment of the Website by other Users or third parties.

Shop Pages.

Shop Pages are operated by third party Vendors. All details of transactions between Vendors and Customers, including payment and delivery of goods, are the responsibilities of the respective Vendor and Customer; the Company bears no responsibility for such transactions other than providing the venue for the Vendor and Customer to interact.

A Vendor establishing a Shop Page on the Website warrants and represents the following:

  1. It will ship the order or otherwise complete the transaction with the Customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the seller’s listing (such as payment method), or (b) the Vendor cannot authenticate the buyer’s identity.
  2. Its description (including text, photographs, video, etc.) of goods is not out-of-date, false, inaccurate, or misleading;
  3. It is legally entitled to be selling the goods it offers on the Website;
  4. It will operate honestly and fairly with Customers;
  5. It will provide reasonable customer service to Customers, including promptly communicating with Customers regarding returned packages, delays in shipment, or other matters connected to a sales transaction arising from or related to the Website;
  6. It will not display or offer for sale or other distribution any illegal, counterfeit, or stolen goods; this includes goods which the Vendor may not contractually offer through the Website;
  7. It will not offer goods which may infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  8. It will not offer goods which violate these Terms of Use or any other Website policy or other community guideline;
  9. It will not interfere with another User’s Shop Page;
  10. It will not offer goods which the Company in its discretion determines to be obscene;
  11. It will not offer goods that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers.

A User who accesses Shop Pages agrees to the following:

  1. It will deliver appropriate payment for items purchased, unless there is an exceptional circumstance;
  2. It will not attempt to undermine reviews or feedback;
  3. It will operate honestly and fairly with Vendors;
  4. It will not interfere with a Vendor’s Shop Page or business.

Vendors may link to their own websites to conduct sales through such sites or promote other goods.

Vendors may post links to videos but acknowledge that the Website will not host video Content.

User Content.

A User warrants and represents the following with regard to Content User posts to the Website. The User will not post Content that:

  1. Is false, inaccurate, or misleading;
  2. may infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  3. it does not own the necessary rights for posting to the Website;
  4. may be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent affiliation with any person;
  5. contains profanity or obscene language;
  6. may undermine online reviews or feedback.

Users may post links to videos but acknowledge that the Website will not host video Content.

Right to Delete or Terminate Content.

The Company operates its business on the principles of orthodox Christianity and seeks to implement Christian teachings in the operation of the Website and its business as a whole. Therefore, the Company reserves the absolute, discretionary right to terminate, delete, modify or restrict access to any and all Content at any time with or without cause or prior notice. The Company shall have final discretion in determining whether Content violates the Company’s moral, ethical, theological, or business standards and should therefore be altered or removed from the Website altogether. User agrees to the terms of this Section without reservation and to the extent necessary, grants to the Company a license to Content necessary to exercise such rights.

Right to Remove Goods.

The Company operates its business on the principles of orthodox Christianity and seeks to implement Christian teachings in the operation of the Website and its business as a whole. Therefore, the Company reserves the absolute, discretionary right to remove any good for sale or other distribution through the Website that does not comport with the Company’s moral, ethical, theological, or business standards. User agrees to the terms of this Section without reservation.

Right to Terminate or Cancel Service.

The Company operates its business on the principles of orthodox Christianity and seeks to implement Christian teachings in the operation of the Website and its business as a whole. Therefore, the Company reserves the right to suspend, delete, or eliminate any User’s subscription at any time and for any reason, including without limitation a determination by the Company or Website administrator that a User has engaged in conduct which violates the Company’s moral ethical, theological, or business standards, the letter or spirit of these Terms of Use, or any other Website policy or practice. Suspension, deletion, blocking, and similar actions without refund may occur with or without cause or prior notice and may be temporary or permanent at the sole discretion of the Company. The Company has no responsibility to provide any User with any suspended, deleted, blocked, terminated, or eliminated Content or User account information, including information from a User’s Shop Page. The Website services are not available to temporarily or indefinitely suspended Users. The Company reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. The Company reserves the right to refuse service to anyone, for any reason, at any time.

No Liability for Third Party Content.

User understands and agrees that the Company does not control Content and that the Company disclaims all responsibility and liability for or relating to information, data, text, messages, original or derivative ideas, works of authorship, joint works, titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice and other Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by the Company. The Company neither endorses nor accepts any responsibility for the acts, omissions, material and other Content created, provided, uploaded, linked or posted by User or any third party, whether or not permitted or covered by the Terms of Use.

Training/Support.

The Company may offer written and video tutorials for selling via Shop Pages available on the Website for Vendors. Vendors may contact the Company at techsupport@mollygreen.com should they experience technical issues with their Shop Page. Customers should contact the relevant Vendor with questions regarding a transaction or the Vendor’s Shop Page.

Company Goods.

The Company may offer products for sale or other distribution on the Website. If you would like to return a physical product, please contact Customer Service at customerservice@mollygreen.com or call (888) 718-4663. Please note that customers are responsible for return shipping on a physical item and that physical item must be returned within 90 days from date of purchase. Please contact customer service for directions on how to return this item. Sales of digital products are final and are not eligible to be returned. This Section only applies to those goods purchased from the Company. The Company is not responsible for the return policies of any Vendors selling or otherwise distributing goods through the Website.

Profanity Filter.

User understands and agrees that the Company may, but is not obligated to, employ an automatic, electronic “profanity filter” in order to enforce provisions in the Terms of Use prohibiting the use of profane and obscene language. User understands that use of the profanity filter may result in deletion or elimination of profane and obscene language, failure to delete or eliminate all profane or obscene language, and/or the unintentional deletion or elimination of language which is neither profane nor obscene and agrees to hold the Company harmless from and against all responsibility and liability resulting from or arising out of the proper or improper functioning of the profanity filter.

Acknowledgement of Potentially Offensive Content.

User understands that use of the Website and related or linked websites and services may result in exposure to Content, material, or information that User finds offensive, indecent or objectionable and agrees to hold the Company harmless from and against any responsibility or liability for offensive, indecent or objectionable content and conduct.

Intellectual Property.

The Company retains full intellectual property rights to Company Content created by or otherwise belonging to Company. The Company and its graphics, logos, designs, page headers, button icons, and service names are trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. User may not make any claim to ownership of Company Content or other property or rights belonging to the Company or any third party. The Company claims no ownership in Content posted by Users or goods being sold by Vendors. Users retain sole copyright ownership of any Content posted to the Website. Users hereby grant to the Company a license, to the extent necessary, to display and edit Content as well as use Content for marketing purposes. User may not reproduce, copy, publish, distribute or create derivative works based upon Content owned by Company or third parties without the prior written consent of the legal owner of the Content. The Company will not (a) act as an intermediary for User to obtain permission to use Content, (b) mediate or resolve disputes between Users and third party owners of Content, or (c) accept responsibility or liability for wrongful use of Content by any User.

Copyright Claims.

We respect the intellectual property rights of our Users and other third parties. If you believe a User has wrongfully posted Content to the Website to which you are the rightful owner, you may send the Company a takedown notice in accordance with the requirements of the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). Such notice should be sent to Molly Green, Attn: Angela Quigley, P.O. Box 125, Golden City, MO 64748, or by email with “DMCA Notice” in the subject line to aquigley@mollygreen.com.

Privacy Policy.

The Terms of Use include and incorporate the terms of the Molly Green Privacy Policy (“Privacy Policy”) which is hereby incorporated by reference. The Company respects the privacy of Users. The Company will not disclose, edit, or monitor the name or contact information of any User except as provided in the Privacy Policy(http://mollygreen.com/privacy_policy/).

Advertising and Promotions.

The Website may feature Company Content or third-party content such as advertisements and promotions created or obtained by or from third parties not owned or operated by the Company. User agrees not to block, interfere or attempt to block or interfere with any such content. User may contact, communicate, contract with or participate in promotions offered by advertisers and other third party providers of such content. USER HEREBY RELEASES THE COMPANY FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY THE COMPANY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES. The Company assumes no responsibility, obligation, or liability for contacts, communications, contracts, promotions or relationships between User and any advertiser or other third party. The Company may offer certain advertising packages to Users of the Website. The terms of the advertising agreement between the Company and the applicable User shall govern that transaction.

Indemnity.

User agrees to indemnify the Company against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of any breach of these Terms of Use by User.

Acceptance of Risk.

Content downloaded, obtained, or accessed from or through the use of the Website is downloaded, obtained, and accessed at the sole discretion, risk, and responsibility of User. User agrees to accept sole responsibility and liability for any damage to User’s computer, hardware, operating system, software, network, server and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading, obtaining, or accessing the Website or Content.

DISCLAIMER OF WARRANTIES. 

USER AGREES TO USE THE WEBSITE AT USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO WEBSITE, RELATED WEBSITES AND SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKES NO WARRANTY OR REPRESENTATION THAT WEBSITE, RELATED WEBSITES OR SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER, OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED, OR FUNCTION WITHOUT ERROR, MISTAKE, OR OMISSION. THE COMPANY MAKES NO WARRANTY AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR CONTENT, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR RESULTING FROM OR ARISING OUT OF THE WEBSITE OR CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED, OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION, OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM COMPANY OR WEBSITE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

LIMITATION OF LIABILITY.

THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AND AVAILABILITY OF ANY AND ALL CONTENT AND WEBSITE SERVICES (INCLUDING SHOP PAGES). THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USER OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING, OR USING ANY AND ALL CONTENT OR THE WEBSITE. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF THE WEBSITE AND CONTENT. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE, OR LACK OF USE OF THE WEBSITE OR ANY CONTENT, (B) CONTENT, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE OR ANY CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO, OR ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO THE WEBSITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED, OR POSTED BY USERS OR THIRD PARTIES OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE, OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY OR ADMINSTRATORS OF THE WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

Taxes.

As between User and the Company, User is responsible for all taxes arising from a transaction between a Vendor and a Customer. The Company shall have no tax liability for such transactions.

Construction, Jurisdiction, Venue.

The Company and User understand and agree that the Terms of Use shall be governed and construed in accordance with the laws of the State of Georgia without regard to the conflicts of laws provisions therein. User agrees to submit to the personal jurisdiction of the Federal or state courts located in Atlanta, Georgia for purposes of any legal action arising under or related to the Terms of Use, the Website, or use of the Website by User.

Notice.

Notices must be made in writing. The Company may provide valid, effective notice to User by posting or broadcasting notices on the Website or related websites owned and operated by the Company. Notices posted on the Website are deemed given when posted.

No Waiver.

Failure to enforce any provision of the Terms of Use does not and will not constitute a waiver of the right to enforce the same or any other provision against the same or any other User in any subsequent situation.

Survival. 

Any provisions which are reasonably required in order to fully enforce the Terms of Use, and specifically those representations, warranties, and indemnities made by User, will survive termination of a User’s personal account or User access to Website.

Changes to Terms of Use.

The Company may change the Terms of Use from time to time and may notify Users of significant changes in the Terms of Use by posting a notice on Website. All changes to the Terms of Use will be posted in the “Terms of Use” section of the Website. Users are responsible for reviewing the Terms of Use regularly. Use of the Website indicates User’s full and complete agreement to each and every one of the current Terms of Use as if User had signed a written document containing the Terms of Use.

Modifications of Service.

The Company reserves the sole and exclusive right to change, suspend, or terminate the Website and all related services at any time and from time to time with or without cause or prior notice. The Company is not liable to User or any third party for any change to, suspension, or termination of the Website or related services.

Effective: September 8, 2014