Terms and Conditions

MGCOne Terms and Conditions

MyGreenCondo Inc, its affiliates, successors agents contractors, officers, and managers and assigns (collectively, “MGC”) provide the Website for the convenience of the Association and its residents who choose to access the website (each, a “User”, collectively, “Users”, or “you”).

The services offered by MGC include all Content (as hereafter defined) and software or other applications that may be offered from time to time by MGC on or in connection with the Website (the “Software”). The Website, Content, and Software provided by MGC are collectively referred to as the “Services”. The Services are hosted in the United States of America.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement.

This Agreement incorporates MGC’s policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services, and MGC’s Privacy Policy.

Please read this Agreement carefully. If you do not understand or have any questions about this agreement, please leave the Website and contact our office at

My Green Condo Inc.
109 Mercer Street, Hightstown, NJ 08520, USA

Last Updated: November 13, 2019

Eligibility

Use of the Services is void where prohibited. By clicking “Accept” when you log on, you agree, covenant, and warrant that:

• all registration information that you may submit is truthful and accurate;
• you will maintain the accuracy of such information by updating your profile as necessary;
• that you are an adult, aged eighteen (18) years or older;
• your use of the Services does not violate any applicable law or regulation; and
• You have read, fully understand, and agree to be bound by this Agreement.

Participation

In order to participate in the Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Modification

MGC may periodically modify this Agreement. Such modification shall be effective upon posting by MGC on the Website. By clicking accept when you log on, you hereby agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. In addition, your continued use of the Website and/or Services following any change to this Agreement signifies that you have read and agree to be bound by the Agreement as it exists at that time. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.

Term

This Agreement shall remain in full force and effect while you use the Services or are a User. MGC may terminate your membership at any time, without warning. This Agreement will remain in effect even after membership is terminated.

Password

Users will be asked to choose a password for the respective account. The User is entirely responsible for maintaining the confidentiality of the password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify MGC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

MGC’s Proprietary Rights in Content

Except as specifically indicated herein, MGC retains all right, title and interest worldwide in and to the Website, the Services, and the Content (defined as: text, files, images, photos, video, sounds, musical works, Software, works of authorship, or any other materials) in addition to, and without limitation, ownership of all copyrights, trademarks, patents, look and feel, trade secret rights and any other intellectual property rights recognized under any applicable law. My Green Condo Inc. reserves the right to make such modifications to the services from time to time, as it deems advisable in order to enhance the functionalities or appearance of the services or for any other reason.

No Unauthorized Duplication

Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of MGC. All copyright, trademark, service mark and other proprietary notices are not to be reproduced as they appear in any such Materials. The term "My Green Condo" or “MGC” and any other trademarks, trade names, logos and service marks, including My Green Condo, MGC, and My-- (collectively, the "Marks") displayed on My Green Condo are the property of MGC. You are not permitted to copy or otherwise use these Marks without the prior written consent of MGC.

Restrictions of Use

MGC reserves the right to remove any Content or User Content, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Content/Activity Prohibited

The following is a partial list of the kind of User Content or User activities that are illegal and/or prohibited with respect to the Services. MGC reserves the right to investigate and take appropriate legal action against anyone who, in MGC’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services, terminating the membership of such violators, notifying and/or fully cooperating with the appropriate authorities with respect to the same. Prohibited User Content or User activities include, but are not limited to User Content or User activities that, in the sole discretion of MGC:

User Content

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users (the “User Content”). MGC does not endorse and has no control over the User Content posted by you or other Users. User Content is not necessarily reviewed by MGC prior to posting and does not necessarily reflects the opinions or policies of MGC. MGC makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users. By posting any User Content on the Website or through Services, you hereby grant to MGC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Services and/or the Website. Without this license, MGC would be unable to provide the Services. The license you grant to MGC is non-exclusive ( meaning you are free to license your User Content to anyone else in addition to MGC), fully-paid and royalty-free (meaning that MGC is not required to pay you for the User Content that you post and/or for its use by Users in connection with the Services and/or the Website), sub licensable (so that MGC is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your User Content from the Website.  By clicking “Accept” when you log on first below, you represent, agree and covenant that:

• You will only post User Content that you own, or otherwise that you have the right to grant the license set forth in this section;
• The posting of your User Content will not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
• You will pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you.

Non-Commercial Use by Users

The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MGC. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation will be removed from the Website without notice and may result in termination of membership privileges. Except as specifically permitted by this Agreement, the Website and/or Services may not be reproduced, distributed, republished, displayed or transmitted. MGC explicitly reserves the right to take any and all appropriate legal action in response to any illegal or unauthorized use of the Services.

1. Provides telephone numbers, street addresses, social security numbers, any other identifier or any combination thereof that permits the physical or online contacting of a specific individual under the age of eighteen (18);
2. Contains or provides links to other websites containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter;
3. Harasses or advocates harassment of another person or group of people;
4. Exploits people in a racist, xenophobic, sexual or violent manner;
5. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. Promotes an illegal or unauthorized copy of another person or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
11. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12. Includes a photograph of another person that you have posted without that person’s consent;
13. Constitutes criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or which infringes upon the rights of any third parties in any way;
14. Advertises to, or solicits any User to buy or sell any products or services through the Services;
15. Utilizes any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without such User’s prior explicit consent;
16. Covers or obscures any information posted by MGC via HTML/CSS or any other means;
17. Involves any automated use of the Website or the Services, such as using scripts to send comments or messages;
18. Interferes with, disrupts, or creates an undue burden on the Services or the networks or services connected to the Services;
19. Attempts to impersonate another User or person or other indications that you have the right to make representations and/or agreements on behalf of another person or entity when you do not have the legal and/or fiduciary right to do so;
20. Utilizes the account, username, or password of another User at any time;
21. Disclosing a password to any third party or permitting any third party to access a User’s account;
22. Selling or otherwise transferring a User’s profile or login information;
23. Uses any information obtained from the Services in order to harass, abuse, or harm another person; or
24. Uses the Services in a manner inconsistent with this Agreement, or any and all applicable laws and regulations.

Indemnification

You agree to defend, indemnify, and hold harmless MGC and its subsidiaries, agents, affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content that you post causes MGC to be liable to another. MGC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify MGC. If MGC chooses to assume the defense of any matter that is subject to indemnification by you, you will cooperate with MGC, at its expense, in any respect reasonably requested by MGC.

Severability

If any provision contained in this Agreement held by a court to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of this Agreement will not be affected thereby.

Choice of Law / Disputes

These Terms and Conditions will be governed by and construed under the laws of the State of New Jersey without regard to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim, suit or action arising out of or relating to this Agreement or your use of the Services will be filed only in the state or federal courts located in the State of New Jersey, and you agree to submit to the personal jurisdiction of such courts.

Privacy

MGC respects your privacy as a user of this Website. It is our policy that all information that you provide to us as a User (the “User Information”) will be securely maintained and is for the single purpose of providing you the best browsing experience in our powers. MGC collects both personally identifiable information and anonymous information from Users. The types of user information that MGC collects include user names, addresses, email addresses, phone numbers, user ids, and passwords. MGC uses cookies on the website to provide users customized and personalized services. Cookies are small amounts of data that are sent to a user’s browser from a web server and stored on the user’s hard drive. This information does not specifically identify the user, but identifies the user’s computer. The cookies used will not collect any personally identifiable information.

MGC’s Use of User Information

MGC uses the User Information for purposes of profiling and analysis. These elements allow MGC to provide better and/or new products and Services for its Users. MGC does not and will not sell or rent User Information to any third parties without the express permission of the User. However, MGC retains the right to share non-identifying aggregated demographic and/or statistical information with partners, advertisers, and sponsors in its sole discretion. MGC will not share User Information with any other company or organization, except in non-identifying aggregated form. For example, any personal information will remain with MGC; however, your visit may be counted to demonstrate the number of visitors to the Website. In addition, MGC uses non-identifying and aggregate information to improve User experiences on the Website and to share with advertisers or other interested parties.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, MGC has put in place industry standard security measures to protect from the loss, misuse and alteration of the information under our control. While MGC cannot ensure the complete security of such information, it will take reasonable steps to ensure the safety of any User Information.

COPPA

The Children’s Online Privacy Protection Act (“COPPA”) and other federal laws and regulations restrict the collection, use and disclosure of “Personally Identifiable Information” which is defined as: a first and last name; a home or other physical address including a street name and a name of a city or town; an email address; a telephone number; a social security number; or any other identifier that permits the physical or online contacting of a User. Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Website from those we actually know are under 13, and no part of our Website is structured to attract anyone under 13.

How You Can Access or Correct Your Information

You can access all of your User Information that we collect online. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

U.S. Export Controls

Software is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Communication

I hereby authorize the managing agent (Property/Community Manager) of the association, to send email notices of upcoming meetings, events and other required notifications to the email address provided to the agent. I accept these electronic notifications as a mode of communication unless I specifically notify the agent otherwise.

Third-Party Links

Our website contains links to third-party websites. This privacy policy applies only to our website and not the third-party websites that we link to, who will have their own privacy policies. We are not responsible for these third-party websites or their privacy policies. In addition, if you linked to our website from a third-party website, we cannot be responsible for the privacy policies of the owners of that third-party website, and we recommend that you check the privacy policy of that third-party website.

Third-Party Images on Website

We create websites for associations and management companies using images and content either given to us by the association/company directly or obtained based on publicly available information. As a representation of the property, we make no authentication of the accuracy or correctness of the images and/or content on the website, and we do not accept any liability for any inaccuracy or incorrectness of these items. Should the property management company/ association ask us to use new pictures or to remove any pictures featured on our website, we will do so immediately.

Compliance

The management company/association agrees that compliance with all applicable country, state and local laws and regulations is the responsibility of all parties. We disclaim any and all liability stemming from the failure of the management company/association to obey the relevant country, state and local laws and regulations. If the management company/association does not feel that they are able to comply with the relevant laws/regulations while using our services, then they should discontinue using our services.

Accessibility Notice

We work hard to ensure that our website meets the needs of all users regardless of their individual circumstances and ability. We strive to adhere to the Web Content Accessibility Guidelines 2.1 (WCAG 2.1) as closely as possible. While we make our best efforts, you may find that some of our functions are not fully accessible due to a lack of available technology or we are in the process of implementing a solution. We are continuously adding new functions to our website and looking for ways to provide the optimal level of accessibility to our users. If you find any malfunction(s) or have any suggestions for improving our website, then please contact your property manager to report your issue for action.

Miscellaneous

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you clicking below. The failure of MGC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the same subject matter. This Agreement shall be effective on the date that you click “Accept”.

Disclaimer and Limitation of Liability

MGC OR IT'S AFFILATES, SUCCESSORS, AGENTS AND ASSIGNS (COLLECTIVELY, “MGC”) MAKE ABSOLUTELY NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE WEBSITE UPON WHICH THIS DISCLAIMER APPEARS AND ANY AFFILIATED OR LINKED WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHICH INCLUDES BUT IS NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT: THE WEBSITE IS FREE FROM ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS; OR WITH RESPECT TO THE ACCURACY, SUFFICIENCY, QUALITY, VALUE, OR TIMELINESS OF THE CONTENT AND/OR SERVICES PROVIDED ON THE WEBSITE.USE OF AND RELIANCE UPON ANY AND ALL OF SERVICES AND/OR CONTENT ON THE WEBSITE IS AT YOUR OWN RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. IF YOU DOWNLOAD ANY MATERIAL FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK AND DISCRETION. MGC SHALL NOT BE RESPONSIBLE FOR ANY RESULTING DAMAGE, LOSS OF DATA, OR ANY OTHER SIMILAR OR RELATED CLAIMS ARISING OUT OF SUCH DOWNLOADING.

THE FACT THAT AN ADVERTISER OF PRODUCTS OR SERVICES MAY BE FOUND THROUGH A LINK ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT BY MGC OF ANY GOODS, PRODUCTS OR SERVICES ADVERTISED AND PROMOTED BY SUCH ADVERTISER. MGC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MGC ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT. MGC NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE OR NETWORK LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR USE OF THE WEBSITE.

IN NO EVENT SHALL MGC BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY FOR: LOST PROFITS OR REVENUES; LOSS OR INTERRUPTION OF USE; LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY; UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; SIMILAR ECONOMIC LOSS; OR FOR ANY OTHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, IN CONNECTION WITH ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH THE WEBSITE, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF MGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.

IF ANY PROVISION OF THIS DISCLAIMER PROVES TO BE ILLEGAL, INVALID, OR UNENFORCEABLE, (COLLECTIVELY, “THE UNENFORCEABLE PROVISION”) THE REMAINING PROVISIONS OF THIS DISCLAIMER WILL NOT BE AFFECTED BY SUCH FINDING. IN LIEU OF EACH UNENFORCEABLE PROVISION, A NEW PROVISION THAT IS AS SIMILAR IN TERMS AS POSSIBLE TO THE UNENFORCEABLE PROVISION (THE “SUBSTITUTED PROVISION”) WILL BE ADDED TO THIS DISCLAIMER, PROVIDED THAT THE SUBSTITUTED PROVISION SHALL BE LEGAL, VALID AND ENFORCEABLE.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SAME.