Green Energy Commons Web Site Terms of Use and Conditions of Order

Green Energy Commons, LLC ("GEC") operates the Web site located at www.greenenergycommons.com (the "Site") to provide online access to information about products available from Green Energy Commons (the "Products") and to facilitate transactions for the purchase of Products (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). By ordering Products, you agree to the Terms of Use, as well as the Conditions of Order, set forth below. These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement."

GEC reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below.

1. Access to the Site.

Registration is required to place an online order, but not to use any of GEC's Web sites. Select GEC Web sites may, in the future, offer expanded services via the Web through a name/password protected system.

Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact GEC immediately at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while GEC strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

2. Intellectual Property.

The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to GEC or its parent, partners, affiliates, contributors or third parties.

GEC grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. GEC reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

You may not mirror, scrape, or frame the home page or any other pages of this Site on any other Web site or web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission.

3. Disclaimer of Warranties.

GEC MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. GEC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. GEC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. GEC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

4. Additional Disclaimers.

Without limiting the disclaimers set forth in Section 3:

a. No Use as Critical Components. Products sold by GEC are not authorized for use in any manner as a component of a life support device or system, whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness.

b. Technical Assistance. GEC offers its Technical Assistance solely as a convenience to GEC customers. GEC Technical Assistance personnel strive to provide useful information regarding the Products. GEC does not guarantee that any information or recommendation provided is accurate, complete, or correct, and GEC shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by GEC Technical Assistance personnel, and any reliance on such information or recommendation is at your sole risk and discretion.

c. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. GEC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. GEC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

d. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by GEC of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that GEC is not responsible for the availability of any such Web sites and that GEC does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site.

e. Geographic Limitations on Use. Like most Internet Web sites, this Site is accessible worldwide. However, not all GEC products or services are available to all persons or in all geographic locations. GEC reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

f. Color Display. GEC attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, GEC cannot guarantee that the color you see matches the product color.

5. Limitation of Liability.

IN NO EVENT SHALL GEC BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY GEC, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF GEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GEC'S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT GEC'S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL GEC'S LIABILITY EXCEED THE BUYER'S PURCHASE PRICE.

The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

6. Indemnification.

You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by GEC Technical Assistance Services Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless GEC, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by GEC Technical Assistance Services Personnel, or any violation by you of this Agreement.

7. User Conduct.

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8. User Supplied Information.

If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give GEC the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

9. General Provisions.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by GEC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, GEC's Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any Dispute will be venued in a state or federal court situated in New York State, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Conditions of Order

All orders placed via the Site or through any other means, including email transmission and telephone call, are subject to the terms of this Agreement, including the following Conditions of Order. No change, alteration, deletion or modification of any of this Agreement is permitted without written permission by an authorized GEC representative. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.

1. Order Validation and Acceptance.

When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order via the Site is an offer to purchase our Products. GEC may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by GEC until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order.

2. Quantity Limitations.

GEC may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. GEC may reject any order, or any part of an order.

3. Electronic Communication.

When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that GEC will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.

4. Pricing and Product Information.

GEC purchases products directly from its original manufacturer or from secondary distributors. In some cases, GEC may add value to products purchased from any source through modifications.

GEC makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to GEC's acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with GEC, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, GEC will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.

5. Payment.

6. Shipping Charges.

Shipping or freight charges and insurance will be paid by the customer. Most sales are made FOB point in Ballston Spa, NY, USA, although occasionally items will be shipped directly from a manufacturer or secondary distributor. Shipping or freight charges, including those from GEC's facilities in Ballston Spa, NY and those from manufacturers or secondary distributors, are added to the invoice.

7. Handling Charge.

There is no minimum order or handling fee.

8. Sales Tax.

Sales tax is charged on shipments in most states that have a sales tax, unless you have tax exempt status and we have your resale certificate. If you have tax-exempt status, you must provide a valid tax exemption certificate evidencing your status at the time of purchase. GEC will not refund tax amounts collected in the event a valid certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and GEC is required to pay tax on your purchase, you will reimburse GEC for the amount of such tax, and GEC's reasonable expenses incurred in connection with the payment and collection of such tax. Fax your resale certificate and your customer number to 518-885-6428, Attention: Sales Tax.

9. Dishonored Checks.

If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $25.00 as a service charge (if the check cannot be redeposited). In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection.

10. Out of Stock.

If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Additional shipping charges will apply to each shipment. Backorders will be held based on your request.

11. International Orders.

In addition to the United States and its territories, GEC accepts international orders. All orders of international origin are exported from the US in accordance with the Export Administration Regulations. Diversion contrary to US Law is prohibited. All duties and taxes will be the responsibility of the customer.

12. Freight Damage.

If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a GEC Customer Service representative immediately to initiate a claim. See "QUESTIONS OR ADDITIONAL INFORMATION" at the bottom of this page.

13. Return Policy.

GEC accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option.

To facilitate processing of returned merchandise:

• Please contact a Customer Service Representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product. See "QUESTIONS OR ADDITIONAL INFORMATION" at the bottom of this page.
• All returns should be made within 30 days of date of invoice and be accompanied by the original invoice number and a brief explanation of the reason for the return.
• Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
• Returned merchandise must be in original packaging and in resalable condition.
• Parts returned due to customer error may be subject to a restocking charge. "Not-In Catalog Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable.
• Defective merchandise may be returned within 90 days of the original invoice date and need not be in original packaging.

GREEN ENERGY COMMONS PRIVACY POLICY

Welcome to Green Energy Commons Web Site. At Green Energy Commons ("GEC"), your privacy and the protection of your personal information is handled with great respect. The following text will inform you on how we use and manage the information collected at our site.

For what purposes do we collect and use personal information?

GEC collects and uses personal information for the following purposes:

• To process and keep records of your on-line orders;
• To improve the services offered by us;
• To send you information about some of our other products and services;
• To anticipate any problems with services supplied to you.

We may record certain non-personal information about you. For example, we automatically gather statistical information about the site and its visitors, such as browsers, pages viewed, and number of visitors.

Web Site Visits

GEC uses Google Analytics for purposes of tracking and logging user traffic. Each time you visit GEC's Web Site our server logs your IP address. An IP address is basically the address of the computer making a request to our web server. No personal information or detail is obtained in this data interchange a visitor's browser is not designed to provide this information.

At GEC, logged IP addresses are periodically reviewed and analyzed in an effort to monitor, maintain, and effectively improve our Web site. This information is retained for no other purpose and is not shared outside of GEC.

During a Web site visit, GEC may ask a customer for contact information (email address, telephone number, fax number and addresses for shipping/billing). This information is utilized only to contact the user or customer related to GEC business, and is collected on a voluntary basis, and only with customer approval.

The GEC Web site contains links to other web sites. GEC does not control or take responsibility for personal information collected on these sites nor is GEC responsible for the accuracy or the content of these sites.

Customer Information

Once you make a purchase, or request information from GEC, your name, shipping/mailing address, telephone number, email address and fax number are included in our customer file.

This information is used to ensure a quick, efficient flow of products and services to you, and will never be passed on, rented, or sold to a third party.

This information may also be used for other purposes as outlined below.

Email Addresses

• Email addresses may be used to communicate information of interest to you about GEC. This includes Order Shipment/Tracking Information, Obsolete Part Bulletins, Service Change Information or other GEC promotional emails. You may elect to opt out of any or all of these emails by contacting GEC's support staff at 518-885-0831.
• Emails may be sent by GEC or an authorized agent working for GEC. All authorized agents operate with a confidentiality agreement. Information sent in this manner will always include "opt out" options.
• Email addresses are never rented, sold or traded to third parties.

Security

The GEC Shopping cart utilizes 256-bit SSL encryption to gather and send data to our payment gateway so your information is secure. For additional security, GEC does not store credit card information on its servers.

GEC places a great importance on the security of all personally identifiable information associated with our customers. We have security measures in place to attempt to protect against the loss, misuse and alteration of customer data under our control. While we cannot ensure or guarantee that loss, misuse or alteration of data will not occur, we use our best efforts to prevent this.

When accessing our online order entry system using a secure browser, one can feel secure transmitting credit card or other confidential information sent over the Internet.

"Cookies"

A "cookie" is a very tiny piece of text you agree to have placed on your computer's hard drive. GEC does not utilize cookies.

Your rights

You have a legal right to a copy of all the personal information about you held by us. You also have a right to correct any errors in that information or ask your information to be removed. If you request removal of personal information, you acknowledge that residual personal information may continue to reside in our records and archives, but we will not use that information for any commercial purpose. We reserve the right to maintain your personal information if we have suspended, limited, or terminated your access to the site for violating the site terms of use. You may cancel our services, opt-out of receiving promotional materials from us and/or third parties, and remove your personal information from our database by sending an e-mail request to below address.

Note: We reserve the right to make changes to our privacy policy at any time without prior notification.

Quality Assurance

Quality Policy

The Green Energy Commons Quality Policy strives to Satisfy the Customer by providing an exemplary standard of quality service through superior product marketing, in-depth inventory, professional selling procedures and the most reliable operational systems in distribution.

Environmental Policy

Green Energy Commons recognizes its responsibility for protecting the environment, preventing pollution and meeting regulatory requirements for environmental protection. We will work in partnership with Customers, Suppliers, Governments and Communities to understand environmental issues and support environmental improvement initiatives.
© 2009, Green Energy Commons. All rights reserved.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

DATE OF LAST MODIFICATION
May 6, 2010