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Joining
The Green Baron Investors Society constitutes that you have
read, understand, and agree to all of the following:
SEE PARAGRAPH 39 BELOW
FOR SPECIFIC COMPENSATION AMOUNTS
-
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and
Conditions and any other posted guidelines or rules applicable to any
individual Evergreen Marketing, Inc., Product or Service. All such
guidelines and rules are hereby incorporated by reference into the Terms and
Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms
and Conditions. You acknowledge and agree that Evergreen Marketing, Inc. may
terminate your access to the Evergreen Marketing, Inc. or to any of the
Products and Services should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by Evergreen
Marketing, Inc.. Any such termination shall be in Evergreen Marketing, Inc.
sole discretion and may occur without prior notice, or any notice. Evergreen
Marketing, Inc. further reserves the right to terminate any user's access to
Evergreen Marketing, Inc. or to any of the Products and Services for any
conduct that Evergreen Marketing, Inc., in its sole discretion, believes is
or may be directly or indirectly harmful to other users, to Evergreen
Marketing, Inc. or its subsidiaries, affiliates, or business contractors, or
to other third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. Evergreen Marketing, Inc. further
reserves the right to terminate any user's access to the Evergreen
Marketing, Inc. or to any of the Products and Services for any reason or for
no reason at all, in Evergreen Marketing, Inc. sole discretion, without
prior notice, or any notice.
In order to use the Products and Services, users must have access to the
World Wide Web and must navigate the Internet to http://www.thegreenbaron.com/
or another of the URLs associated with the Evergreen Marketing, Inc.. Be
aware that the majority of the Evergreen Marketing, Inc. service is for
general audiences, although there are certain areas on the Evergreen
Marketing, Inc. that contain adult or mature content. Where there is mature
or adult content, individuals who are less than 18 years of age or are not
permitted to access such content under the laws of any applicable
jurisdiction may not access such content. There are also other (mainly
commerce-related) areas of the Evergreen Marketing, Inc. Evergreen
Marketing, Inc. services are not open to persons under 18 years of age. With
respect to general audience content, if Evergreen Marketing, Inc. learns
that anyone under the age of 13 has accessed the Products and Services,
Evergreen Marketing, Inc. will require verified parental consent, in
accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
Certain areas of the Evergreen Marketing, Inc., however, may not be
available to children under 13 under any circumstances.
Evergreen Marketing, Inc. does not discriminate on the basis of age, gender,
race, ethnicity, nationality, religion, sexual orientation, or any other
protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and
provide certain data. In consideration of use of such Products and Services,
in registering and providing such data, you represent and warrant that: (a)
the information about yourself is true, accurate, current, and complete
(apart from optional items) as required by various Evergreen Marketing, Inc.
Evergreen Marketing, Inc. registration forms ("Registration Data") and (b)
you will maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Evergreen Marketing, Inc.
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Evergreen Marketing, Inc. has the
right to suspend or terminate your account and refuse any and all current or
future use of the Products and Services.
All Green Baron Elite registrations become the exclusive property of
Evergreen Marketing, Inc., its affiliates and subsidiaries. Evergreen
Marketing, Inc. reserves the right to use and reuse all registration and
other personally identifiable user information subject to the Evergreen
Marketing, Inc. Privacy Policy. Users may edit, update, alter or obscure
their personally identifiable information at any time by following the
instructions located in the Evergreen Marketing, Inc. Privacy Policy and at
individual Evergreen Marketing, Inc. sites.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services,
you recognize that you are fully responsible for: (i) the online conduct of
such minor; (ii) controlling the minor's access to and use of the Products
and Services; and (iii) the consequences of any misuse by the minor. YOU
ACKNOWLEDGE THAT SOME AREAS OF THE GREEN BARON SERVICE MAY CONTAIN MATERIAL
THAT IS INAPPROPRIATE FOR MINORS.
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To
prevent or limit your children's access to such materials, a number of
parental control protections ( such as computer hardware, software, or
filtering services) are commercially available.
6. MEMBER AND USER CONDUCT
Evergreen Marketing, Inc. cannot
and will not be liable for any loss or damage arising from your failure to
comply with this requirement.
You acknowledge and agree that all information, code, data, text, software,
music, sound, photographs, pictures, graphics, video, chat, messages, files, or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not Evergreen Marketing, Inc. service, are entirely
responsible for all Content that you upload, post, email or otherwise transmit
via the Services. The Green Baron service does not control the user or third
party Content posted via the Products and Services, and, as such, does not
guarantee the accuracy, integrity or quality of such user or third party
Content. You acknowledge and Agree that by using the Products and Services, you
may be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Evergreen Marketing, Inc. be liable in any way for any user
or third party Content, including, but not limited to, for any errors or
omissions in any such Content, or for any loss or damage of any kind incurred as
a result of the use of any such Content posted, emailed or otherwise transmitted
via the Products and Services. As a general matter, Evergreen Marketing, Inc.
does not pre-screen user or third party Content posted on thegreenbaron.com,
except for certain areas where Evergreen Marketing, Inc. employs certain
automated screening software, although Evergreen Marketing, Inc. reserves the
right to do so. Evergreen Marketing, Inc. does not guarantee that any screening
will be done to your satisfaction or that any screening will be done at all.
Evergreen Marketing, Inc. reserves the right to monitor some, all, or no areas
of the Products and Services for adherence to these Terms and Conditions or any
other rules or guidelines posted by Evergreen Marketing, Inc..
The Products and Services may only be used for the intended purpose for which
such Products and Services are being made available. The intended purpose of
site building software on thegreenbaron.com is to maintain, publish and produce
web sites owned and/or operated by or for Evergreen Marketing, Inc. that are
consistent with these terms and conditions.
Prohibited Conduct
You agree that you will not use Evergreen Marketing, Inc.
Products and Services to:
- Upload, post, email, otherwise
transmit, or post links to any Content, or select any member or user name or
email address, that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of
privacy or publicity rights, hateful, or racially, sexually, ethnically or
otherwise objectionable.
- Upload, post, email, otherwise
transmit, or post links to any Content that promotes illegal activity,
including without limitation the provision of instructions for illegal
activity.
- Upload, post, email, otherwise
transmit, or post links to any Content that exploits the images of children
under 18 years of age, or that discloses personally identifying information
belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on
behalf of a minor or make any sexual request of a minor.
- "Stalk" or otherwise harass
another.
- Collect or store personally
identifying information about other users for commercial or unlawful
purposes.
- Impersonate any person or
entity, including, but not limited to, a Evergreen Marketing, Inc. official,
employee, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
- Employ misleading email
addresses or falsify information in the header, footer, return path, or any
part of any communication, including emails, transmitted through the
Products and Services.
- Upload, post, email, otherwise
transmit, or post links to any Content that you do not have a right to
transmit under any law or regulation or under contractual or fiduciary
relationships (such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements).
- Upload, post, email, or
otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise
transmit, or post links to any Content that infringes any patent, trademark,
service mark, trade secret, copyright or other proprietary rights ("Rights")
of any party, or contributing to inducing or facilitating such infringement.
This prohibition shall include, without limitation, the following forms of
software piracy:
- Making available
copyrighted software or other Content that has had the copyright
protection removed.
- Making available serial
numbers for software that can be used to illegally validate or register
software.
- Making available tools
that can be used for no purpose other than for "cracking" software or
other copyrighted Content.
- Making available any
software files for which the user does not own the copyright or have the
legal right to make available.
- Upload, post, email, otherwise
transmit, or post links to any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas that are
designated for such purpose.
- Upload, post, email, otherwise
transmit, or post links to any material that contains software viruses,
worms, trojan horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to diminish the quality of,
interfere with the performance of, or impair the functionality of the
Products and Services or Evergreen Marketing, Inc..
- Use automated means, including
additional computers, software and scripts, to enhance play in Evergreen
Marketing, Inc. games and promotions.
- Use automated means, including
spiders, robots, crawlers, or the like to download data from any Evergreen
Marketing, Inc. database.
- Conduct your own contests and
promotions.
- Upload, post, email, otherwise
transmit, or post links to any Content regarding any raffle, contest or game
requiring a fee by participants.
- Modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, link, display or in any way exploit any Content from any Evergreen
Marketing, Inc. database, including, without limitation, by incorporating
data from any Evergreen Marketing, Inc. database into any e-mail or "white
pages" products or serviced, whether browser-based, based on proprietary
client-site applications, web-based, or otherwise.
- Sell, distribute, or make any
commercial use of data obtained from any Evergreen Marketing, Inc. database
or make any other use of data from any Evergreen Marketing, Inc database in
a manner which could be expected to offend the person for whom the data is
relevant.
- Create and maintain an
Evergreen Marketing, Inc. web page (including, but not limited to, a Green
Baron Investors Society or Investor News Network page) that (i) redirects to
another web page or (ii) stores or hosts content for remote loading by other
web pages. For example, you cannot create an Green Baron Club, post pictures
to the Green Baron web site, and have other web pages call the Green Baron,
et al page to retrieve those pictures.
- Create and maintain an
Evergreen Marketing, Inc. or Green Baron or The Green Baron Investors
Society or the Investor News Network web page that contains hyperlinks to
content not permitted by Evergreen Marketing, Inc..
- Disrupt the normal flow of
dialogue in a chat room, cause a screen to "scroll" faster than other users
of the Products and Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time
exchanges.
- Interfere with or disrupt the
Products and Services or servers or networks connected to the Products and
Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Products and Services, including without
limitation Evergreen Marketing, Inc. Chat hosts.
- Intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law.
- Use the Products or Services
to sell, purchase, or offer to sell or purchase any registered or
unregistered securities.
- Upload, post, email, otherwise
transmit, or post links to any material that is false, misleading, or
designed to manipulate any equity, security, or other market.
- Disobey any Evergreen
Marketing, Inc. Chat hosts or other Evergreen Marketing, Inc. employee or
representative or interfere with any action by any Evergreen Marketing, Inc.
Chat host or other Evergreen Marketing, Inc. employee or representative to
redress any violation of these Terms and Conditions.
- Access the Products and
Services after your account or access has been terminated by Evergreen
Marketing, Inc..
- Fail to complete any
transaction after submitting an order to purchase any goods or services from
individual Merchants in Evergreen Marketing, Inc. Shop or from any seller in
Evergreen Marketing, Inc. Auctions, subject to the individual Merchant's or
seller's terms and conditions governing such transactions.
- Submit any order to purchase
goods or services from individual Merchants in Evergreen Marketing, Inc.
Shop or from any seller in Evergreen Marketing, Inc. Auctions where you do
not intend to complete the transaction.
- Purchase any goods or services
that you are prohibited from purchasing or possessing by any law applicable
to you in your jurisdiction. The responsibility for ensuring compliance with
all such laws shall be the user's alone. By submitting an order to purchase
goods or services, you represent and warrant that you have the legal right
to purchase such goods or services.
- Use any software deployed in
connection with the Products and Services to process data as a service to
other entities without the express written consent of Evergreen Marketing,
Inc. or the party from whom such software may be licensed.
- Decompile, disassemble,
modify, translate, adapt, reverse engineer, create derivative works from, or
sublicense any software deployed in connection with the Products and
Services.
- Engage in manipulative bidding
through Evergreen Marketing, Inc. Auctions, such as by making bids solely
for the purpose of instigating other bidders to withdraw bids and then
retracting your bid to bid at a lower price or by using multiple accounts to
drive up bidding on items you are offering for sale.
- Advertise, offer for sale, or
sell any item you are prohibited from advertising or selling by any
applicable local, state, national, or international law, including
regulations having the force of law.
- Upload, post, email, otherwise
transmit, or post links to any material, or act in any manner, that is
offensive to the Evergreen Marketing, Inc. community or the spirit of these
Terms and Conditions.
- Advertise, offer for sale, or
sell any of the following items:
- Any firearms, explosives, or
weapons.
- Any food that is not packaged
or does not comply with all laws governing the sale of food to consumers by
commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human
consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or
obscene, that are hateful or racially, sexually, ethnically or otherwise
objectionable, that contain child pornography, that are otherwise
pornographic in nature, or are harmful to minors.
- Any controlled substances or
pharmaceuticals.
- Any items that are counterfeit
or stolen.
- Any dangerous items.
- Any goods or services that do
not, in fact, exist.
- Any registered or unregistered
securities.
- Any items that violate or
infringe the rights of other parties.
- Any items that you do not have
the legal right to sell.
- Any items where paying
Evergreen Marketing, Inc. any of the required transactional or listing fees
would cause Evergreen Marketing, Inc. to violate any law.
You acknowledge and agree that
Evergreen Marketing, Inc. and its designees shall have the right (but not the
obligation), in their sole discretion, to refuse to publish, remove, or block
access to any Content that is available via the Products and Services at any
time, for any reason, or for no reason at all, with or without notice. Without
limitation Evergreen Marketing, Inc. and its designees shall have the right (but
not the obligation), in their sole discretion, to refuse to publish, remove, or
block access to any Content that violates the Terms and Conditions or is
otherwise objectionable as determined by Evergreen Marketing, Inc., in its sole
discretion. Evergreen Marketing, Inc. may also terminate access to, or
membership in, The Green Baron, or any portion thereof, for violating these
Terms and Conditions. You acknowledge and agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by or obtained through
the use of Evergreen Marketing, Inc., including without limitation information
in Chat, Message Boards, Clubs, and in all other parts of the Evergreen
Marketing, Inc web sites. .
You expressly acknowledge and agree that Evergreen Marketing, Inc. may preserve
Content and may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of IQ, its users and the public. You
acknowledge and agree that the technical processing and transmission of the
Products and Services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You further acknowledge and
agree that other data collected and maintained by Evergreen Marketing, Inc. with
regard to its users may be disclosed in accordance with Evergreen Marketing,
Inc. Privacy Policy.
7. LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and
Services, you grant Evergreen Marketing, Inc. a world-wide, royalty free,
perpetual, license to use, copy, transmit, publicly display, publicly perform,
create compilations including, create derivative works of, and distribute such
Content to publish and promote such Content in connection with the particular
Products and Services and to publish and promote such Content elsewhere within
Evergreen Marketing, Inc.. Such license shall apply with respect to any form,
media, or technology now known or later developed.
8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
Evergreen Marketing, Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE
FULLEST EXTENT PERMITTED BY LAW, Evergreen Marketing, Inc. DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
Evergreen Marketing, Inc. SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Evergreen Marketing, Inc.
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Evergreen Marketing, Inc.
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Evergreen Marketing, Inc.
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. Evergreen Marketing, Inc. MAKES NO
WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY
STORAGE FACILITIES OFFERED BY Evergreen Marketing, Inc..
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
Evergreen Marketing, Inc. OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND
SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF IQ OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM
INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS
LINKED OR RELATED IN ANY WAY TO, Evergreen Marketing, Inc.. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF
ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF
MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT Evergreen Marketing, Inc.
WEB SITES.
UNDER NO CIRCUMSTANCES SHALL Evergreen Marketing, Inc. OR ITS LICENSORS
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD,
WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR
AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, the foregoing limitation may not apply to you.
10. REMOVAL OF LINKS
12. REMOVAL OF LINKS Evergreen Marketing, Inc. occasionally receives requests
from people to remove links from the Evergreen Marketing, Inc. search services.
Although Evergreen Marketing, Inc. reserves the right to address such requests
individually, the general approach that Evergreen Marketing, Inc. takes reflects
the following principles: The catalogs and databases used in connection with the
Evergreen Marketing, Inc. search services consist of information that has been
identified, indexed and compiled through an automated process with no advance
review by human beings. Given the enormous volume of web site information added,
deleted, and changed on a frequent basis, the Evergreen Marketing, Inc. cannot
and does not screen anything made available through Evergreen Marketing, Inc.
search services' catalogs and databases. In other instances, Evergreen
Marketing, Inc. makes available directories, indices, and references consisting
of content that has been identified, indexed, and compiled by humans.
Furthermore, some of the catalogs and databases that can be searched in
Evergreen Marketing, Inc. are compiled by third parties through automated
processes. However, if the operator of the site does not take steps to prevent
it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic
facilities used to create the catalogs and databases are likely to find it and
index it again in a relatively short amount of time.
11. DISCLAIMER REGARDING THIRD PARTY CONTENT
Evergreen Marketing, Inc. offers access to numerous third party web pages and
content available over the Internet. In overwhelming majority instances,
including, but not limited to, sites displayed as search results or contained
within a directory of links, Evergreen Marketing, Inc. has no control whatsoever
over the content of such sites. In other instances, including, but not limited
to, web pages hosted on Evergreen Marketing, Inc. or provided to Evergreen
Marketing, Inc. by third parties, Evergreen Marketing, Inc. may set guidelines
for what may appear on such web pages and may engage in certain screening, but
generally exercises no control over the content of such web pages and is unable
to police all such content. Third party content accessible through Evergreen
Marketing, Inc. from such sources is developed by people over whom Evergreen
Marketing, Inc. exercises no control. The search results that appear from the
catalogs indexed by the Evergreen Marketing, Inc.'s spiders or web robots are
automated, and Evergreen Marketing, Inc. cannot and does not screen the sites
before including them in the catalogs from which such automated search results
are gathered. Similarly, web pages hosted by Evergreen Marketing, Inc. are
posted by third parties, and, with the exception of certain automated screening
functions, Evergreen Marketing, Inc. cannot and does not screen such web pages
before they are made accessible to other users of Evergreen Marketing, Inc..
Accordingly, neither Evergreen Marketing, Inc. nor its licensors assume any
responsibility for the content of any site included in any search results or
otherwise linked to Evergreen Marketing, Inc. web sites or in any web page
hosted for a third party within Evergreen Marketing, Inc.. In instances where
Evergreen Marketing, Inc. does review the sites that are displayed in
directories, indices, and/or references, or where Evergreen Marketing, Inc.
makes available directories, indices, and/or references of sites compiled by
third parties, the content located at such sites was developed third parties,
and review of such sites by Evergreen Marketing, Inc., if any, is narrowly
limited to that which is necessary for compiling the particular set of links.
12. STORAGE
Many features of the Green Baron web site store information on behalf of users.
Examples include, but are not limited to, email messages, chat, web pages,
message boards, calendar functions, and postings on Evergreen Marketing, Inc.
Auctions. Evergreen Marketing, Inc. reserves the right, in its sole discretion,
to limit the amount of storage space available per user or to delete materials
stored for an excessive period while the user's account has been inactive.
13. IQ COMMUNITIES GUIDELINES - CHAT, CLUBS, AND MESSAGE BOARDS
Users of Evergreen Marketing, Inc. Communities, which includes all Evergreen
Marketing, Inc. chat, clubs, and message boards are expected to adhere to the
guidelines below and are expected not to engage in any of the Prohibited Conduct
described above. Any user failing to comply with these Terms and Conditions may
be expelled from a chat room, a club, or a message board by a Evergreen
Marketing, Inc. moderator or host, and Evergreen Marketing, Inc. may terminate
or restrict such user's Evergreen Marketing, Inc. accounts. In addition,
Evergreen Marketing, Inc. may remove any Content that violates these Terms and
Conditions or is otherwise objectionable, in Evergreen Marketing, Inc. sole
discretion. No child under the age of 13 may participate in Evergreen Marketing,
Inc. Communities, including all chat, clubs, or message boards offered
throughout Evergreen Marketing, Inc..
Please read all the Prohibited Conduct described above before using the
Evergreen Marketing, Inc. Communities' services, and keep in mind the following
when using the Evergreen Marketing, Inc. Communities' services:
- All information you submit in
registering must be true, accurate, current, and complete (apart from
optional items).
- Do not rely on any information
relating to investments or professional advice without first reading the
Investment Information Disclaimer and Professional Information Disclaimer
below. Remember that people on the Internet are not always who they say they
are and do not always publish truthful statements. Evergreen Marketing, Inc.
cannot and does not ensure the accuracy of such statements.
- Do not upload, post, email,
otherwise transmit, or post links to any Content, or select any member or
user name or email address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
- Do not stalk or otherwise
harass other users.
- Do not upload, post, email,
otherwise transmit, or post links to any Content that promotes illegal
activity, including without limitation the provision of instructions for
illegal activity.
- Do not upload, post, email,
otherwise transmit, or post links to any Content that exploits the images of
children under 18 years of age, or that discloses personally identifying
information belonging to children under 18 years of age.
- Do not impersonate any person
or entity, including, but not limited to, a Evergreen Marketing, Inc.
official, employee, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
- Do not upload, post, email,
otherwise transmit, or post links to any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
that are designated for such purpose
- Do not disrupt the normal flow
of dialogue in a chat room, cause a screen to "scroll" faster than other
users of the Products and Services are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges.
- Do not disobey any Evergreen
Marketing, Inc. Chat hosts, moderators, or other Evergreen Marketing, Inc.
employee or representative or interfere with any action by any Evergreen
Marketing, Inc. Chat host or other Evergreen Marketing, Inc. employee or
representative to redress any violation of these Terms and Conditions.
- Do not access any Evergreen
Marketing, Inc. Communities' service after your account or access has been
terminated by Evergreen Marketing, Inc..
- Do not upload, post, email, or
otherwise transmit, or post links to any Content that facilitates hacking.
- Do not interfere with or
disrupt the Products and Services or servers or networks connected to the
Products and Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Products and Services, including
without limitation Evergreen Marketing, Inc. Chat hosts.
Please read the entire Terms and
Conditions as all Evergreen Marketing, Inc. properties, Products and Services
are subject to these Terms and Conditions.
14. SHOPPING
Evergreen Marketing, Inc Shopping ("Evergreen Marketing, Inc. Shopping") is made
available only to those users who are of the legal age of consent in their
jurisdiction. You may not use Evergreen Marketing, Inc. Shopping if you have not
reached that age or, in any event, if you are less than eighteen (18) years old.
You may only use Evergreen Marketing, Inc. Shopping if you are a United States
resident and may only use Evergreen Marketing, Inc. Shop from locations within
the United States for transactions to be completed within the United States. By
accepting these Terms and Conditions, you represent and warrant that you are a
United States resident and are using Evergreen Marketing, Inc. Shopping at a
location within the United States for a transaction to be completed within the
United States.
Users are obligated to submit information that is true, accurate, current, and
complete. By accepting these Terms and Conditions, you represent and warrant
that all such information submitted by you is true, accurate, current, and
complete. Users are also required to maintain and update all such information in
order to ensure that it remains true, accurate, current, and complete. Each time
you update such information, you represent and warrant that such information is
true, accurate, current, and complete.
By submitting an order to purchase any goods or services from individual
Merchants, users are obligated to complete such transactions, subject to the
individual Merchant's terms and conditions governing such transactions. Users
are prohibited from submitting orders to purchase goods or services where they
do not intend to complete such transactions.
Each user may use one password and may not use additional passwords. Each user
is required to use his or her password for his or her own use only. Users may
not permit others to use their passwords.
Users may not purchase goods or services that they are prohibited from
purchasing or possessing by any law applicable to them in their jurisdictions.
The responsibility for ensuring compliance with all applicable laws shall be the
user's alone. By submitting an order to purchase goods or services, you
represent and warrant that you have the legal right to purchase and possess such
goods or services.
LIKE OTHER AREAS OF THE Evergreen Marketing, Inc. PRODUCTS AND SERVICES, YOUR
USE OF Evergreen Marketing, Inc. SHOPPING IS SUBJECT TO THE CAPITALIZED LANGUAGE
SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
As with all other aspects of the Products and Services, by using Evergreen
Marketing, Inc. Shopping, you hereby agree that you shall be responsible for all
tax obligations and costs that arise from or relate to your use of Evergreen
Marketing, Inc. Shopping, including, without limitation, tax obligations and
costs for any transactions that arise from or relate to your use of Evergreen
Marketing, Inc. Shopping.
15. DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES,
STREAMS AND SOUNDS LOCATED THROUGH THE Evergreen Marketing, Inc. SEARCH
SERVICES
Pictures, movies, streams, and sounds (the "Multimedia Content") located through
the Evergreen Marketing, Inc. Multimedia Search and other Evergreen Marketing,
Inc. search services are protected by copyright and/or other intellectual
property laws. Evergreen Marketing, Inc. does not have the right to authorize
you to reproduce, distribute, publicly display, publicly perform, or create
derivative works from any files containing such Multimedia Content. Where search
results link to sites outside Evergreen Marketing, Inc., all of the Multimedia
Content contained on such sites is owned and served by entities other than the
Evergreen Marketing, Inc.. Evergreen Marketing, Inc. provides you with the URL
or address of the Multimedia Content; this information may be used to determine
the server of the Multimedia Content. If you intend to make use of any
Multimedia Content accessed through our site for commercial or noncommercial
purposes, we strongly suggest that you contact the server of the Multimedia
Content for permission to use the Multimedia Content.
16. IQ Global IMAGE GALLERY
LIMITED LICENSE: Use of the Evergreen Marketing, Inc. Gallery indicates your
acceptance of the following terms and conditions and Evergreen Marketing, Inc.
Terms and Conditions. The images made available through the Evergreen Marketing,
Inc. Image Gallery are copyrighted images which may also be subject to certain
other legal rights. You may only utilize each image for personal, home use or
for any of the following purposes: criticism, comment, news reporting, teaching
(includes multiple copies for classroom use), scholarship or research. You may
not create derivative works from an image, display or distribute copies of it,
publish it, use it in a performance, or modify it in any manner except size. You
may not distribute or sublicense the images nor use the images in any
commercial, advertising, marketing or professional manner whatsoever. Neither
Evergreen Marketing, Inc. nor our photo providers will be responsible or liable
to you for any direct, incidental, consequential, indirect, or punitive damages
that result from your access to or use or misuse of the images displayed on the
Evergreen Marketing, Inc. Image Gallery.
17. THE Evergreen Marketing, Inc. COMPUTERS DOWNLOAD AND SHAREWARE
The Evergreen Marketing, Inc. Computers Download and Shareware allows you to
search for software that has been made available for downloading by various
third parties. All such software is provided by entities other than the
Evergreen Marketing, Inc.. Evergreen Marketing, Inc. makes no warranties
regarding such software and disclaims all responsibility for such software. IF
YOU INTEND TO DOWNLOAD SUCH SOFTWARE, YOU SHOULD CAREFULLY RE-READ THE
CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY. Those provisions will have special importance to you. Evergreen
Marketing, Inc. makes its Evergreen Marketing, Inc. Computers Download and
Shareware available subject to all of these Terms and Conditions, including the
Disclaimer of Warranties and Limitation of Liability set forth above. Evergreen
Marketing, Inc. cannot guarantee that any software downloaded through Evergreen
Marketing, Inc. Computers Download and Shareware will meet any user's needs,
standards, or desired specifications. Although the software available in
Evergreen Marketing, Inc. Computer Download and Shareware has been screened for
recommendations and viruses, Evergreen Marketing, Inc. cannot guarantee that
this screening has been performed to the user's satisfaction. Evergreen
Marketing, Inc. cannot and does not guarantee that such software will be free
from viruses or errors. If you download such software, you shall bear all risk
of viruses, errors, or damage and all other risks resulting from such
downloading.
18. TAX GUIDES DISCLAIMER
The Tax Guides found on the thegreenbaron.com include facts, views, opinions,
services and recommendations of individuals and organizations deemed of
interest. Evergreen Marketing, Inc. does not give tax or investment advice and
Evergreen Marketing, Inc. in no way endorses any of the information in the Tax
Guides. IF YOU INTEND TO USE THE TAX GUIDES, YOU SHOULD CAREFULLY RE-READ THE
CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY. Those provisions will have special importance to you. Evergreen
Marketing, Inc makes the Tax Guide available subject to all of its Terms and
Conditions, including the Disclaimer of Warranties and Limitation of Liability
set forth above. Evergreen Marketing, Inc. STRONGLY SUGGESTS THAT YOU CONTACT
YOUR OWN TAX ADVISOR IF YOU HAVE ANY QUESTIONS ABOUT THE TAX LAWS OR
REGULATIONS, OR ABOUT YOUR PARTICULAR TAX LIABILITY.
19. INVESTMENT INFORMATION DISCLAIMER
Evergreen Marketing, Inc. makes available certain investment information from
third party information providers (the "Investment Information Providers"). In
addition, certain investment information is made available through chat areas,
message boards, clubs, and BBS forums concerning investments and securities.
Neither Evergreen Marketing, Inc., nor any of its affiliates or Investment
Information Providers, nor any of their respective officers, employees,
directors, or agents: (1) passes on the merit of any of the investments or
companies listed in the Products or Services or (2) endorses or sponsors any of
the investments or companies listed in the Products or Services.
IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION ACCESSED THROUGH THE
PRODUCTS AND SERVICES, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET
FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those
provisions will have special importance for you. Evergreen Marketing, Inc. makes
this information available subject to all of its Terms and Conditions, including
the Disclaimer of Warranties and Limitation of Liability set forth above. THIS
DISCLAIMER OF WARRANTIES AND THIS LIMITATION OF LIABILITY SHALL APPLY TO BOTH
THE Evergreen Marketing, Inc. AND THE INFORMATION PROVIDERS.
Investing in securities carries certain risks, and neither Evergreen Marketing,
Inc. nor the Investment Information Providers shall be responsible for any
investment losses incurred in reliance on information provided on the Evergreen
Marketing, Inc. . ADVICE FROM YOUR OWN FINANCIAL ADVISOR IS STRONGLY
RECOMMENDED. The information and design of this service are owned by Evergreen
Marketing, Inc. and/or the Information Providers. Except for single temporary
copy in a single computer's memory or another fair use under applicable
copyright laws, the information contained herein may not otherwise be used (not
copied, performed, distributed, rented, sublicensed, altered, stored for
subsequent use, etc., in whole or in part, in any manner) without Evergreen
Marketing, Inc. and the Information Providers' express prior written consent.
When using chat rooms, message boards, clubs, and BBS forums concerning
investments and securities investors should be wary and cautions of any
information they find. Information obtained through these sources, or through
any other aspect of the Products and Services, cannot be a substitute for
independent research into particular companies, industries, and investments.
Investment or trading decisions should not be based on information obtained
through chat rooms, message boards, or BBS discussions. The people who make such
information available in such forums may not be who they claim to be or may not
be affiliated with whom they claim to be. The information they make available
may be incorrect, either because of mistakes or, unfortunately, because of
intentional deceit. Evergreen Marketing, Inc. disclaims all responsibility and
liability for the Content and its accuracy. The Content is provided solely for
the entertainment of users.
20. PROFESSIONAL INFORMATION DISCLAIMER
Evergreen Marketing, Inc. makes available certain information provided by third
parties related to various professional fields such as medicine, law, and
accounting. Evergreen Marketing, Inc. does not give advice in any such fields
and in no way endorses any of the information provided in this manner. IF YOU
INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED
WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY. Those provisions will have special importance for you. All
information made available through Evergreen Marketing, Inc. is made available
subject to Evergreen Marketing, Inc. Terms and Conditions, including the
Disclaimer of Warranties and Limitation of Liability set forth above.
Evergreen Marketing, Inc. STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A
COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
21. OPEN DIRECTORY DISCLAIMER
Evergreen Marketing, Inc. makes available certain content through the Open
Directory. The directories, and the underlying content, are created entirely by
other parties and are solely the responsibility of such other parties.
Consequently, Evergreen Marketing, Inc. cannot, and does not, represent or
warrant the reliability, accuracy, and truthfulness of that content. Although
periodically Evergreen Marketing, Inc. may attempt to verify the accuracy of
information in the Open Directory, neither Evergreen Marketing, Inc. nor its
agents shall be held liable for any technical inaccuracies, typographical errors
or inaccuracies in the links or any information in the Open Directory. In
addition, the Evergreen Marketing, Inc. has no control over whether that content
is of a nature that users will find inoffensive, tasteful and otherwise
acceptable. Evergreen Marketing, Inc. has NO responsibility for such content;
rather, it is merely providing access to such content as a service to you. Just
as when you purchase a product or service in any setting, you should exercise
appropriate discretion, good judgment and caution in accessing content on the
Open Directory and in taking any actions based upon that content. You bear all
risk associated with any content that you access. Your accessing of any content
through the Open Directory service is subject to your agreement to these Terms
and Conditions. If you proceed to use the Open Directory, you thereby agree to
be bound by these Terms and Conditions. The disclaimer of warranties and
limitation of liability set forth in capitalized letters above apply to the Open
Directory.
22. ADVERTISERS AND CONTENT LINKED TO Evergreen Marketing, Inc.
Evergreen Marketing, Inc. may provide, or third parties may provide, links to
other sites or resources located on the World Wide Web by allowing a user to
leave the Evergreen Marketing, Inc. Evergreen Marketing, Inc. to access
third-party material or by bringing the third party material into this site via
"inverse" hyperlinks and framing technology. Evergreen Marketing, Inc. has no
control over such sites and resources. You acknowledge and agree that Evergreen
Marketing, Inc. is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Evergreen Marketing,
Inc. shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
site or resource.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through Evergreen Marketing, Inc. Products and
Services, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Evergreen
Marketing, Inc. shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Product and Services.
Evergreen Marketing, Inc. encourages you to exercise discretion while using the
Products and Services to browse the Internet. Evergreen Marketing, Inc. may
produce automated search results or otherwise link you to sites containing
information that some people may find inappropriate or offensive. Evergreen
Marketing, Inc. makes no representations concerning any effort to review the
content of any of the sites listed in automated search results, Web Guides or
other directories, or of any of the sites otherwise linked to Evergreen
Marketing, Inc. web sites. Evergreen Marketing, Inc. shall not be held
responsible for the accuracy, copyright or trademark compliance, legality, or
decency of material contained in sites listed in the Evergreen Marketing, Inc.
search results or otherwise linked to Evergreen Marketing, Inc. web sites or
provided to Evergreen Marketing, Inc. by third parties.
23. Evergreen Marketing, Inc. LOGOS AND SEARCH BOXES
- Linking to the Evergreen
Marketing, Inc. Services and web sites.
Evergreen Marketing, Inc. offers a non-assignable, non-transferable, and
non-exclusive license to link to the Evergreen Marketing, Inc. web sites,
using the Evergreen Marketing, Inc. logos and search boxes, subject to the
following provisions. Evergreen Marketing, Inc. logos and search boxes may
be placed on a Web site for the sole purpose of creating a link to Evergreen
Marketing, Inc. and allowing users of your site to access the Products and
Services on thegreenbaron.com. Evergreen Marketing, Inc. logos and search
boxes may not be used for any other purpose, including, among other
purposes, to suggest sponsorship by, or affiliation with, or endorsement by
Evergreen Marketing, Inc.. Evergreen Marketing, Inc. logos and search boxes
may only be used in accordance with the Evergreen Marketing, Inc. Trademark
Usage Guidelines. Evergreen Marketing, Inc. logos and search boxes may not
be altered in any manner. Evergreen Marketing, Inc. logos and search boxes
must appear by themselves, with reasonable spacing (at least the height of
the logo) between each side of the applicable logo or search box and other
graphic or textual elements. Evergreen Marketing, Inc. logos and search
boxes may not be used to disparage Evergreen Marketing, Inc., its products
or services, or in a manner which, in Evergreen Marketing, Inc.'s reasonable
judgment, may diminish or otherwise damage Evergreen Marketing, Inc.'s good
will in the Evergreen Marketing, Inc. logos. By using any such Evergreen
Marketing, Inc. logo or search box, you acknowledge that Evergreen
Marketing, Inc. has exclusive rights to the logo or search box, and that all
good will generated through your use of the logo or search box will inure to
the benefit of Evergreen Marketing, Inc.. If you use the Evergreen
Marketing, Inc. logos or search boxes, you must include appropriate
attribution, for example: "The Green Baron.® is a registered
trademark of Evergreen Marketing, Inc., licensed to Evergreen Marketing,
Inc." Evergreen Marketing, Inc. reserves the right to revoke this license or
to alter its terms from time to time, for any or no reason, with or without
notice. Evergreen Marketing, Inc. reserves the right to take action against
any use that does not conform to these provisions.
- Permissions
If you would like permission to use any Evergreen Marketing, Inc. trademark,
logo, service mark, trade dress, slogan, screen shot, copyrighted design, or
other brand feature, then please review the Evergreen Marketing, Inc.
Trademark Usage Guidelines>.
24. NO LICENSE; INTELLECTUAL PROPERTY
OF EVERGREEN MARKETING AND OTHERS Except as expressly provided,
nothing within any of the Products and Services shall be construed as
conferring any license under any of the Evergreen Marketing, Inc. or any
third party's intellectual property rights, whether by estoppel,
implication, waiver, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain Content available through
and used to operate Evergreen Marketing, Inc and the Products and Services
is protected by copyright, trademark, patent, or other proprietary rights of
Evergreen Marketing, Inc and its affiliates, licensors, and service
providers. Except as expressly provided to the contrary, you agree not to
modify, alter, or deface any of the trademarks, service marks, or other
intellectual property made available by Evergreen Marketing, Inc in
connection with the Products and Services. You agree not to hold yourself
out as in any way sponsored by, affiliated with, or endorsed by Evergreen
Marketing, Inc, any of Evergreen Marketing, Inc' affiliates, or any of
Evergreen Marketing, Inc' service providers. You agree not to use any of the
trademarks or service marks or other Content accessible through Evergreen
Marketing, Inc of any purpose other than the purpose for which such Content
is made available to users by Evergreen Marketing, Inc. You agree not to
defame or disparage Evergreen Marketing, Inc, the trademarks or service
marks of Evergreen Marketing, Inc, or any aspect of the Products and
Services. You agree not to adapt, translate, modify, decompile, disassemble,
or reverse engineer the Products and Services or any software or programs
used in connection with the Products and Services or Evergreen Marketing,
Inc.
25. INDEMNITY AND RELEASE By using the Evergreen
Marketing, Inc web sites you agree to indemnify Evergreen Marketing, Inc.
and its parents, subsidiaries, affiliates, officers, employees, and
licensors and hold them harmless from any and all claims and expenses,
including attorney's fees, arising from your use of the Evergreen Marketing,
Inc web sites, your use of the Products and Services, or your submission of
ideas and/or related materials to Evergreen Marketing, Inc or from any
person's use of any account or password you maintain with any portion of the
Evergreen Marketing, Inc, regardless of whether such use is authorized by
you. By using Evergreen Marketing, Inc, using the Products and Services, or
submitting any ideas and/or related materials to Evergreen Marketing, Inc,
you are hereby agreeing to release Evergreen Marketing, Inc and its parents,
subsidiaries, affiliates, officers, employees, and licensors from any and
all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or
unknown, suspected or unsuspected, disclosed or undisclosed, that you may
have against them arising out of or in any way related to such disputes
and/or to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to Evergreen Marketing, Inc. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES.
FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."
26. LIMITATION OF ACTIONS You
acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or
relating to, your use of Evergreen Marketing, Inc or the Products and
Services must be filed within one (1) year after such claim or cause of
action arises, or forever be barred.
27. ARBITRATION, GOVERNING
LAW AND FORUM FOR DISPUTES Unless expressly stated to the contrary
elsewhere within the Products and Services, all legal issues arising from or
related to the use of the Products and Services shall be construed in
accordance with, and all questions with respect thereto shall be determined
by, the laws of the State of Illinois applicable to contracts entered into
and wholly to be performed within said state. Any controversy or claim
arising out of or relating to these Terms and Conditions or any user's use
of the Products and Services shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted
in Illinois, and judgment on the arbitration award may be entered into in
any state or federal court in Illinois having jurisdiction thereof. Any
party seeking temporary or preliminary injunctive relief may do so in any
state or federal court in Illinois having jurisdiction thereof. Except as
set forth above, the state and federal courts of Illinois shall be the
exclusive forum and venue to resolve disputes arising out of or relating to
these Terms and Conditions or any user's use of the Products and Services.
By using the Products and Services and thereby agreeing to these Terms and
Conditions, users consent to personal jurisdiction and venue in the state
and federal courts in Illinois with respect to all such disputes.
28. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Evergreen Marketing, Inc reserves the right to modify the Products and
Services from time to time, for any reason, and without notice, including
the right to terminate the Products and Services. Evergreen Marketing, Inc
reserves the right to modify these Terms and Conditions from time to time,
without notice. Please review these Terms and Conditions from time to time
so you will be apprised of any changes. These Terms and Conditions
constitute the entire agreement between the parties with respect to the
subject matter contained herein and supersedes any other agreement,
proposals and communications, written or oral, between Evergreen Marketing,
Inc' representations and you with respect to the subject matter hereof;
except that any other terms and conditions located on any individual
Evergreen Marketing, Inc web site or in connection with the Products and
Services are incorporated herein by reference to the extent they do not
conflict with these Terms and Conditions. To the extent that any other terms
and conditions or terms of service conflict with these Terms and Conditions,
those other provisions shall control with respect to the use of the
particular web site and any Products or Services available on or through the
web site or the respective Product or Service at which those other
provisions may be found.
29. NON-WAIVER AND SEPARABILITY
Evergreen Marketing, Inc' failure to exercise any right or provision of
these Terms and Conditions shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any provision of these
Terms and Conditions to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and agree that the other provisions of these Terms and
Conditions remain in full force and effect.
30. RELATIONSHIP OF
PARTIES You acknowledge and agree that you and Evergreen Marketing,
Inc are independent contractors under these Terms and Conditions, and
nothing herein shall be construed to create a partnership, joint venture,
agency, or employment relationship. Neither party pursuant to these Terms
and Conditions has authority to enter into agreements of any kind on behalf
of the other and neither party shall be considered the agent of the other.
31. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to
resell, assign, sublicense, otherwise transfer, or delegate your rights or
obligations under these Terms and Conditions without prior express written
authorization of Evergreen Marketing, Inc.
32. SUCCESSORS AND
ASSIGNS Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations, these
Terms and Conditions shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
33. TERMINATION; SURVIVAL These Terms and Conditions shall continue
in effect for as long as you use the Products and Services, unless
specifically terminated earlier by Evergreen Marketing, Inc. All provisions
of these Terms and Conditions which impose obligations continuing in their
nature shall survive termination of these Terms and Conditions.
34. COMMUNICATIONS WITH USERS You agree that you may receive notices
from Evergreen Marketing, Inc by any of the following methods: by email sent
to the email address you provided upon registration, by postal mail sent to
the postal address you provided upon registration, or by notice posted on
the Evergreen Marketing, Inc. Evergreen Marketing, Inc reserves the right to
communicate with you regarding your use of the Products and Services.
35. SUBMISSIONS OF IDEAS Evergreen Marketing, Inc is always improving
its Products and Services and developing new features. If you have ideas
regarding improvements or additions to the Greenbaron.com, we would like to
hear them -- but any submission will be subject to these Terms and
Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO Evergreen Marketing, Inc BE SUBJECT TO ANY OBLIGATION
OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA
AND/OR ANY RELATED MATERIAL TO Evergreen Marketing, Inc, YOU ARE WAIVING ANY
AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND
ARE REPRESENTING AND WARRANTING TO Evergreen Marketing, Inc THAT THE IDEA
AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS
ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT Evergreen Marketing, Inc IS
FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS
PROVIDED OR AS MODIFIED BY Evergreen Marketing, Inc, WITHOUT OBTAINING
PERMISSION OR LICENSE FROM ANY THIRD PARTY.
36. EXPORT CONTROLS
Certain software, and related documentation or technical information,
available through the Evergreen Marketing, Inc is subject to applicable laws
and regulations of the United States pertaining to export controls. By using
such software or related documentation or technical information, you
represent and warrant that you are not located in, or under the control of,
or a national or resident of any embargoed country or any country on the
U.S. Department of Commerce's Table of Denial Orders. You agree not to
export or re-export such software or related documentation or technical
information directly or indirectly to any countries that are subject to
United States export restrictions.
37.
VIOLATIONS OF TERMS AND CONDITIONS Should you
violate these Terms and Conditions or any other rights of Evergreen
Marketing, Inc and The Green Baron Investors Society and The Green Baron
Elite, Evergreen Marketing, Inc reserves the right to pursue any and all
legal and equitable remedies against you, including, without limitation,
terminating any and all user accounts on any and all of the Evergreen
Marketing, Inc web sites.
- 38.
Forward-Looking Statements
This material contains
forward-looking statements or financial condition and prospects that reflect
our assumptions and beliefs based on information currently available. We can
give no assurance that the expectations indicated by such forward-looking
statements will be realized. There may be other risks and circumstances that
we are unable to predict. When used in this release, words such as
"believes," "expects," "intends," "plans," "anticipates," "estimates" and
similar expressions are intended to identify forward-looking statements,
although there may be certain forward-looking statements not accompanied by
such expressions. All forward-looking statements are intended to be covered
by the safe harbor created by Section 21E of the Securities Exchange Act of
1934.
39.
IMPORTANT NOTICE AND
DISCLAIMER:
The purpose of this material is to provide
coverage and publicity for the companies, products or services. The
information provided is not intended for distribution to, or use by, any
person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Verify all
claims and do your own due diligence. This material is not a solicitation or
recommendation to buy, sell or hold securities and does not provide an
analysis of the financial position of the company. We recommend you use the
information provided as an initial starting point for conducting your own
research on these companies in order to determine your own personal opinion
before investing. All information concerning these companies contained
herein should be verified independently by an attorney and/or an independent
licensed securities analyst. We are not offering securities for sale. All
statements and opinions contained in this material are the sole opinion of
the authors and are subject to change without notice. We are not liable for
any investment decisions by our readers. Readers should independently
investigate and fully understand all risks before investing. It is strongly
recommended that any purchase or sale decision be discussed with a financial
adviser or broker prior to completing any such purchase or sale decision. We
are not registered investment advisers, or broker-dealers, or members of any
financial regulatory bodies. The information contained in this material is
provided as an information service only. The accuracy or completeness of the
information is not warranted and is only as reliable as the sources from
which it was obtained. We disclaim any and all liability as to the
completeness or accuracy of the information and for any omissions of
material facts. This advertisement may contain hyper links to web sites
operated by third parties other than us. Such hyper links are provided for
the reader's reference and convenience only. We are not responsible for the
reliability of these external sites nor are we responsible for any of the
contents, advertising, products, or other materials on such external sites.
Our inclusion of hyper links to such web sites does not imply any
endorsement of the material on such web sites or any association with their
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directly or indirectly, for any loss or damage caused or alleged to have
been caused in connection with the use of or reliance on any content, goods,
or services available on such external site. We may refer to other sources
of information, or other commentary. We intend to offer these items to
readers as additional sources of information only. It should be understood
that there is no guarantee past performance will be indicative of future
results. In order to be in full compliance with the U.S. Securities Act of
1933, Section 17(b), Evergreen Marketing, Inc. has received U.S. $2500
from PCS Edventures! (PCSV); we have received 250,000 shares of common stock
from Cybertel (CYTP); we have received $2500 from a consultant of LJ
International (JADE); in May of 2003 we received 5000 shares of common stock
from a consultant of China Wireless Communications (CWLC) in January of 2004
we received $15,000; we have received $5,000 U.S. From a consultant of
Office Managers, Inc (OFFM); we have received 200,000 shares of common stock
from a consultant of International Sports and Media Group (ISME) Formerly
San Diego Soccer Development (SDSD); we expect share compensation from a
consultant of Warpradio.com (WRPR); we have received 50,000 shares of common
stock from a consultant of Pluristem Corp. (PLRS). We have received
4000 additional shares of Pluristem (PLRS) in May 2004 and we expect to
receive another 5000 shares of PLRS in June 2004 for continued Green Baron
updates and webcasts; we have received 85,000 shares of common stock from a
consultant of Gluv Corp. (GLVP; we received 2 million shares of V-Net
Beverage, Inc. (VNTB) for public relations and promotion on The Green Baron
and 2 million shares for designing, hosting, and launching a website in
2003. In 2004, we received an additional 3 million shares for ongoing
consulting, website development, and webcast services; we received 2,000,000
shares of common stock from a consultant of Tropical Beverage, Inc. (TPBV);
we received 5,000 shares, and anticipate receiving an additional 5,000
shares of common stock from a consultant of Alpine Air Express, Inc. ( ALPE);
we have received 540,000 shares of common stock from a consultant of
MISecurity Plus, Inc. (MSCU); we have been compensated 5,000 shares of
common stock by Database solutions (DBSL); In April 2004 we received
15,000 shares of Caditec International (CDCI); we received 50,000 shares of
common stock from The Dale Jarrett Racing Adventure (DJRT); We have received
17,000 shares of common stock from Nutri Pharmaceuticals Research, Inc. (NRIP);
We received 15,000 shares of common stock and $1500 US from Consolidated
Resources Group, Inc (CSRZ); We received $10,000 US from SE Global Equities
Corp. (SEGB); We have received a total of 375,000 shares of American
Scientific Resources (ASRO) from a consultant for webcast, promotion, and
consulting services. We received 150,000 shares of common stock from a
consultant of Portrush Petroleum, Inc. (PRRPF); We have received 25,000
shares of common stock from a Marketing Consultant for BP International,
Inc. (BPIL), We received $5,000 US and approximately 57,000 shares of
restricted common stock from Power2Ship, Inc (PWRI), We have received an
initial payment of $5,000 and an additional payment of $6,000 US from a
consultant of BonusAmerica, Inc. (BAWC); We will receive 500,000
shares of common stock during October, 2004 from a consultant of Tropical
Beverage, Inc. (TPBV); We have received 100,000 shares of restricted common
stock and we received no compensation for a webcast conducted in September
of 2007 in Azco Mining, Inc. (AZMN); We have received US $15,000 from
TelePlus Enterprises, Inc. (TLPE); We have received 4.2 million shares of
free trading common stock from a consultant of Nicodrops, Inc. (NCDP); We
have received $5,800 US from a consultant of Inform Worldwide Holdings (IWWH);
We have received 150,000 free trading shares of common stock from a
consultant of GLUV Corporation (GLVP); We have received 6,000 free trading
shares of common stock from a consultant of Mercantile Gold, Inc. (MGCP); We
have received 500,000 free trading shares of common stock and we anticipate
receiving an additional 500,000 restricted shares from a consultant of
Torbay Holdings, Inc. (TRBY); We have received $7,500 US from FaceKey Corp (FEKY);
We have received 35,000 free trading shares of common stock from a
consultant of Gateway Access Solutions, Inc. (GWYA); We have the option of
receiving up to 250,000 free trading shares of common stock in Pender
International, Inc. (PNDR); We have received in cash what will total $14,000
US and 350,000 shares of restricted common stock from Trey Resources, Inc. (TYRIA);
We have received 200,000 shares of free trading common stock from a
consultant of Media International Concepts, Inc. (MEIC); We have received
700,000 free trading shares of common stock from a consultant of Ecogate
Corp (ECGT); We have received 100,000 free trading shares of common stock
from a consultant of IVI Communications, Inc. (IVCM); We have received
500,000 free trading shares and an additional 175,000 free trading shares
and 250,000 shares of restricted stock from a consultant of ImageXpress
Corporation (IMJX); We have received 800,000 free trading shares of common
stock from a consultant of Chilmark Entertainment Group, Inc. (CMKK); We
have received 40,000 shares of free trading common stock from a consultant
of BlueBear Networks International, Inc. (BLBR); We have received 40,000
shares of free trading common stock from a consultant of Senticore, Inc. (SNIO);
We have received 225,000 shares of free trading common stock from a
consultant of PDC Innovative Industries, Inc. (PDCN); We have received
$20,000 US from China Media1 Corp. (CMDA); We have received 18,500,000
shares of free trading common stock from a consultant of Plasticon
International, Inc. (PLNI); Evergreen Marketing acquired an additional
10,849,829 shares of PLNI through private market purchase. Evergreen
Marketing partners acquired a total of 9,993,106 through private market
purchases. We have also funded the company an additional $100,000 through a
private purchase of shares. We invested another $50,000 US through a private
purchase transaction. We have purchased an additional $120,000 US of PLNI
through a private transaction in January 2006. In August, 2006, Evergreen
Marketing, Inc. exercised its right to purchase $170,000 worth of Plasticon
(PLNI) common shares. We have received $7,500 US from a consultant of
Industrial Nanotech, Inc. {INTK); We have received 50,000 free trading
shares of common stock and 25,000 shares of restricted stock w/ piggy-back
rights from a consultant of AngelCiti Entertainment, Inc. (AGCI); We have
received 2,000,000 US free trading shares of common stock from a consultant
of Tropical Beverage, Inc. (TPBV); We have received $25,000 US and
50,000 shares of restricted common stock from BioCurex, Inc. (BOCX);
We expect to receive an additional 175,000 free trading shares of common
stock and 250,000 shares of restricted stock from a consultant of ImageXpres
Corp. (IMJX); We have received 450,000 free trading shares of common stock
from a private investor of Astris Energi, Inc.(ASRNF; We have received
175,000 free trading shares of common stock from a consultant of ATWEC
Technologies, Inc. (ATWT); We have received 250,000 free trading shares of
common stock from a non-affiliated third party shareholder of AFMN, Inc. (AFNN);
We have received $15,000 US from Teleplus Enterprises, Inc. (TLPE); We have
received 400,000 free trading shares of common stock from a consultant of
InRob Tech, Ltd. (IRBL); We have received 250,000 shares of free trading
common stock from an unaffiliated third party shareholder with an expected
agreement to receive an additional 1,000,000 shares of restricted stock for
a continued shareholder awareness program over the next 12 months for FP
Group, Ltd. (FPGR); We have received $50,000 US w/ a possible additional
$50,000 US for continued shareholder exposure from Sunwin International
Neutraceuticals, Inc. (SUWN); We have received US $50,000 and expect to
receive an additional US $50,000 in the next 60 days from Linkwell
Corporation (LWLL); We have received 160,000 free trading shares of common
stock from an unaffiliated third party of Syngas International Corp. (SYNI);
We have contracted to receive US $100,000 from an unaffiliated third party
of Viva International, Inc. (VIVI); We have received 100,000 free trading
shares of common stock from an unaffiliated third-party consultant of Prime
Time Group, Inc. (PRTH); We have received 1.5 million free trading shares of
common stock from a consultant of Blue Diamond Ventures, Inc. (BLDV); We
have received 1 million shares free trading shares of common stock
(pre-split) from an unaffiliated third party investor and 2.5 million shares
of restricted stock (pre-split) from GL Energy and Exploration, Inc. (GEEX);
We have received $2,000 US from Fuego Entertainment (FUGO); We have
received 100,000 shares of free trading common stock from an unaffiliated
third-party of Nitro Lube, Inc. (NTLB); We have been compensated 1,500,000
free trading shares and 1,500,000 shares of restricted shares from a non
affiliated, third-party shareholder and we have received an additional 6
million shares of free trading shares of common stock from an unaffiliated
third-party shareholder and an additional 2 million shares of restricted
stock from Complete Care Medical, Inc. (CCMI); We have received US $500,
50,000 and an additional 400,000 shares of restricted common stock from
BioElectronics Corp. (BIEL); We have received 250,000 shares of restricted
stock from World Energy Solutions, Inc. (WEGY); We have received US $2,500
and 250,000 shares of free trading common stock from an unaffiliated
third-party investor of GuestMetrics, Inc. (GESM); We have received 500,000
shares of free trading shares of common stock and expect to receive an
additional 500,000 shares from an unaffiliated third-party investor of
MediSys Corporation (MDYS); We have received US $30,000 from an unaffiliated
third-party consultant and 50,000 shares of common stock from an
unaffiliated third-party shareholder of DigitalPost Interactive, Inc. (DGLP);
We have received US $1,750,000 free trading shares from an unaffiliated
third-party shareholder of Franklin Mining, Inc. (FMNJ); We have
exchanged marketing & consulting services with AlphaTrade.com (APTD); We
have received US $8,000. from INA on behalf of Intelligentias, Inc. (ITLI);
We have received 30,000 free trading shares of common stock from an
unaffiliated third-party investor and 35,000 restricted shares and an
additional 65,000 shares of restricted stock from HealthSonix, Inc. (HSXI);
We have received 2 million free trading shares of common stock from an
unaffiliated third-party shareholder in addition to 1 million restricted 144
shares from International Food Products Group, Inc. (IFDG); We have received
US $5,000 from Exchangeblvd.com, Inc. (EXBV); We have received 6500 free
trading shares of common stock from an unaffiliated third-party consultant
of Inform Worldwide Holdings, Inc. (IWWI); We have received 15,000 shares of
restricted common stock and US $5,000 from New Century Companies, Inc. (NCNC);
We have received 2,000 free trading shares of common stock from an
unaffiliated third-party investor and US $9,000 from Gray Publishing &
Media, Inc. (GPMIJ); We have received 25,000 free trading shares of common
stock from an unaffiliated third-party RFID, Ltd. (RFDL); We have received
125,000 shares of free trading common stock from an unaffiliated third-party
of Perfect Web Technologies, Inc. (PWBI); We have received 1,000,000 free
trading shares of common stock from an unaffiliated third-party investor of
Naturally Iowa, Inc. (NLIA); We have received $8,600 and have agreed to
receive 80,000 shares of restricted common stock from Gener8Xion
Entertainment, Inc. (GNXE;
We are expected to be
compensated a total of $16,000 cash for six months of the IR Suite and
introductory services from a non affiliated, third party to Petroquest
Resources, Inc.(PQRJ);
Evergreen Marketing has agreed to purchase
20,000 shares of Immunosyn (IMYN) from a non-affiliated, third party
shareholder at par value; We have received 50,000 shares of free trading
common stock from an unaffiliated third party shareholder of U.S. Minemakers,
Inc. (USMM);
We have received 130,000 shares of free trading
common stock for general coverage from a non-affiliated, third party
shareholder and we have received a total of an additional 250,000 shares of
restricted common stock from Axial Vector Engine Corporation for coverage
that runs from September, 2008 though December of 2009 for Axial Vector
Engine Corporation (AXVC); We have received 150,000 shares of free trading
common stock from an unaffiliated third-party shareholder of Spongetech
Delivery System, Inc. (SPNG); We have received $37,500 US from Znomics, Inc.
(ZNOM); We have received US $52,500 from General Automotive Company (GNAU);
We have received 175,000 free trading shares of common stock from an
unaffiliated third party shareholder and Evergreen Marketing has also
received in June 2008 exactly 250,000 restricted 144 common shares of USMM
stock for its coverage of the Company through the balance of 2008 from US
Mine Makers, Inc (USMM); We have received
$2,000 cash and 300,000 restricted ESFS common shares of stock from Eco-Safe
Systems USA (ESFS); We have received 375,000 shares of free trading common
stock from an unaffiliated third party shareholder of HearAtLast Holdings,
Inc. (HRAL); We have received 350,000 shares of free trading common stock
from an unaffiliated third party shareholder of Talent Alliance, Inc. (TLAN);
We have received US $5,000 from an unaffiliated third party shareholder of
OriginOil, Inc. (OOIL); We have received 150 million shares of free trading
common stock from an unaffiliated third party shareholder of Nexia Holdings,
Inc. (NXHD); We have received 1,142,157 shares of restricted stock from
Viaspace, Inc. (VSPC)
and an additional 333,333 shares of restricted VSPC common
stock for updated coverage of VIASPACE in October, 2009;
We have
received $6,250.00 US and 75,000 restricted shares from Bond Laboratories,
Inc. (BNLB); We have not contracted to receive any additional
compensation for its coverage of Bulova
Technologies Group, Inc. (BLVT) as a green baron "Stock Pick" beginning
October 11, 2011 and on
Tuesday, October 25, 2011 Evergreen Marketing, Inc. contracted to
receive 500,000 shares of restricted 144 stock in Bulova Technologies
Group (BLVT) for continued coverage as a Green Baron "Stock Pick"; We originally received $10,000 free trading shares
of BLVT from a non affiliated, third party shareholder for six months of
coverage beginning in April 2009. We are receiving
one million (1,000,000) restricted 144 shares of BLVT for its updated
coverage of BLVT as a Green Baron “Stock Pick” beginning in May, 2012; We have received 42,500 shares of free
trading common stock from an unaffiliated third-party investor of MineCore
International, Inc. (MCIO); We
have agreed to receive 38,000
restricted 144 common shares of Vision Industries, Inc. (VIIC) from a
non-affiliated, third party shareholder. We have received 50,000 shares of
free trading common stock from an unaffiliated third party investor of
Atlantic Energy Solutions, Inc (AESO; We have received 53,500 shares of
free trading common stock from an unaffiliated third party investor of
Fortune Market Media, Inc. (FTMK); We have been compensated U.S.$40,500 from
an unaffiliated third party investor of Uranium Energy Corp. (UEC); We have
received US $49,000 from an unaffiliated third party investor of Cobra Oil &
Gas (CGCA); We have received 50,000,000 of restricted stock from Angel
Acquisitions Corp. (AGEL); We have received US $18,000 from an unaffiliated
third party investor of Kodiak Energy (KDKN); We have received US $9,000
from an unaffiliated third party investor of Ventana Biotech, Inc. (VNTA);
We have received 60,000 free trading shares of common stock from an
unaffiliated third party of Green Star Alternative Energy, Inc. (GSAE); We
have received 60,000 free trading shares of common stock from an
unaffiliated third party of Omnicity Corp. (OMCY); We have received US
$30,000 from Broadcast International, Inc. (BCST); We have received US
$18,000 from an unaffiliated third party
investor of
American Lithium Minerals, Inc. (AMLM);
We have received 20,000 free trading shares
of common stock and US $4,500 from an
unaffiliated and an
independent
third party
investor in GWS Technologies, Inc. (GWSC); We have received US $10,000 from
an unaffiliated third party investor of Wits Basin Precious Minerals, Inc. (WITM);
We have received US $22,500 from an unaffiliated third party investor of
American Sierra Gold (AMNP);
We have received US $4,500 from an unaffiliated third party investor of
PrismOne Group, Inc. (PMOZ);
We have
received 200,000 free trading shares of common stock from a
non-affiliated, third-party shareholder and 300,000 restricted 144 common
shares of SRCO for its coverage of
Sparta Commercial Services (SRCO);
We have received US $3,000 and 150,000 shares of restricted 144 common stock
from Galaxy Gaming, Inc. (GLXZ); We have received US $10,000 + 60,000
restricted shares of 144 common stock plus 100,000 free trading shares of
common stock from an unaffiliated third party investor of Caleco Pharma
Corp. (CAEH); We have received US $9,000 from an unaffiliated third-party of
Xcellink (XCEL); We
have received US $13,500 from an unaffiliated third party investor of Doral
Energy (DRLY); We have received US $22,500 from an unaffiliated third party
investor of Gen2Media (GTWO); We have
received 30,000
free trading shares of Commerce Online (CMIB) from a non-affiliated, third
party shareholder; We received US $6,000 cash and 20,000 free trading
share of common stock from a non-affiliated, third party shareholder and
20,000 restricted 144 common shares from Vivakor, Inc. (VIVK);
We have
received US $9,000 from an unaffiliated third party investor of Global
Health Ventures, Inc. (GHLV);
We have received US
$4,500 from an unaffiliated third party investor of VerifySmart Corp. (VSMR);
We have received US $41,625 from an unaffiliated third party investor of
Bark Group, Inc. (BKPG); We have received US $10,000 from an unaffiliated
third party consultant of World Energy and Manufacturing USA, Inc. (WEMU);
We have received US $4,500 from an unaffiliated third party investor of
Advanced Visual Systems, Inc. (AVSC); We have received US $4,500 from an
unaffiliated third party investor of Strategic American Oil Corporation (SGCA);
We expect to receive 300,000 shares of free trading common stock from an
unaffiliated third party investor of Sunergy, Inc. (SNEY); We have received
US $9,000 from an unaffiliated third party investor of CrowdGather (CRWG),
Force Energy (FORC) and Source Gold (SRGL); We have received US $13,500 from
an unaffiliated third party investor of CrowdGather (CRWG); We have received
US $4,500 from an unaffiliated third party investor of American Eagle
Energy, Inc. (AMZG); We have received US $41,625 from an unaffiliated third
party investor of Bloggerwave, Inc. (BLGW); We have received $25,000 US from
China Infrastructure Construction, Corp. (CHNC); We have received $4,500 US
from an unaffiliated third party investor of Unilava Corporation (UNLA); We
have received $4,500 US from an unaffiliated third party investor of
CitySide Tickets, Inc. (CIST); We expect to receive $15,000 US from American
Petro-Hunter, Inc. (AAPH); We have received $4,500 US from an unaffiliated
third party investor of Li3 Energy, Inc. (LIEG); We have received
40,000 restricted 144 common shares of Aspire International, Inc. (APIT);
We have been compensated U.S.$9,000 from an unaffiliated third party
investor of Uranerz Energy Corporation (URZ); We have been compensated
US $4,500 from an unaffiliated third party investor of Strategic American
Oil Corporation (SGCA); We have received $20,000 cash and 1,100 shares
of restricted 144 common shares from ECOtality, Inc. (ETLE); We have
received U.S. $5,000 from China New Media Corp. (BB: CDMI) in association
with Red Chip Companies;
We have received US $18,000 from Sillenger
Exploration Corp. (SLGX); We have received US $15,000 from Octus
Energy, Inc. (OCTI);
We have received
1.4 million restricted 144 VSPC shares and $800 for its updated coverage of
VIASPACE, Inc. as a Green Baron "Stock Pick" throughout February, March and
April 2011 and in November of 2011, we
agreed to receive 2,000,000 restricted 144 common shares of VIASPACE, Inc.
(BB: VSPC) and $1,000 cash for updated "Stock Pick" coverage for at least
three months
also, we are expected
to receive three million (3,000,000) restricted 144 shares of VIASPACE, Inc.
(VSPC) common stock and $1,000 for six months of coverage of VSPC beginning
in October, 2012; We have received 60,000 shares of restricted 144 common
stock from Ace Marketing & Promotions, Inc. (AMKT);
We have received $9000 for
our coverage of
Gold American Mining Corp.
(BB: SILA) as a “Trading Alert”; In
order to be in full compliance with the U.S. Securities Act of 1933,
Section 17(b), Evergreen Marketing, Inc. has contracted to receive
200,000 restricted 144 common shares of FRDM stock for its new coverage
of FRDM as a Green Baron “Stock Pick” beginning October 17, 2011.
Previous coverage and compensation notes follow: In July of 2010,
we received (U.S.) $2,000 and 400,000
restricted 144 common shares of Freedom Environmental Services, Inc. (FRDM)
for its coverage as a Green Baron “Stock Alert”. In September of 2010,
we received an additional 400,000
restricted 144 common shares of FRDM for coverage of FRDM as a Green
Baron “Stock Pick,
also we agreed to accept three hundred thousand (300,000) shares of
restricted 144 common stock of Freedom Environmental Services, Inc. (FRDM)
for its coverage of FRDM as a Green Baron “Special Alert” beginning in
September, 2012;
We have received $25,000 US from BioDrain
Medical, Inc. (BIOR);
We have
received $4500 for our coverage of
A5 Laboratories, Inc. (BB:
AFLB) as a “Trading Alert”;
We have
received $4,500 US from an unaffiliated third party investor of WebSafety,
Inc. (WBSI)
as a “Trading Alert”;
We have received $4,500 US from an
unaffiliated third party investor of Grid Petroleum Corp.
(GRPR)
as a “Trading Alert"; Evergreen Marketing, Inc. has been
compensated (U.S.) $17,000 for its coverage of Convenience TV Inc. (BB: CRPZ)
as a Green Baron “Stock Alert”; We
have received $4,500 US from an unaffiliated third party investor of
First Liberty Power Corp. (FLPC);
We have received $4500 for its coverage of Resource Exchange of
America (BB: RXAC) as a Green Baron “Trading Alert” beginning 09/29/10;
We have received (U.S.) $8,000 for its coverage of Enviro Voraxial
Technology, Inc. (BB: EVTN) as a Green Baron “Stock Alert” in October 2010;
We have received (U.S.) $7,500 for its coverage of
Gryphon Gold Corporation (BB: GYPH) as a “Stock Alert” in October 2010;
We have received U.S. $4,500 for its coverage of First Liberty Power Corp.
(BB: FLPC) as a “Trading Alert” in October 2010; We have received
(U.S.) $9,000 for its coverage of Advanced Cell Technology, Inc. (ACTC) as a
Green Baron “Stock Alert” in October 2010 and we will receive $4,500 for its
updated coverage of Advanced Cell Technology as a Green Baron “Trading
Alert” beginning November 29, 2010; We have received (U.S.)
$9,500 for its additional coverage of Gold American Mining Corp. (BB: SILA)
in November 2010; We Have received U.S. $4,500 for its coverage of
Liberty Energy Corp. (BB: LBYE) as a “Trading Alert” in November 2010;
We are expected to receive U.S. $4,500 for its coverage of Alternative
Energy Partners (BB: AEGYD) as a “Trading Alert” in December 2010;
We have been
compensated $4,500 for our coverage of True 2 Beauty, Inc. (TRTB) as a
“Trading Alert” in December 2010;
We have been
compensated $4,500 for our coverage of Horiyoshi Worldwide Inc (HHWW) as a
“Trading Alert” in December 2010; We have received (U.S.) $7,500 for
its coverage of Casey Container Corporation (BB: CSEY) as a Green Baron
“Stock Alert” in November and December 2010; We have received $7500
for its coverage of Bohai Pharmaceuticals Group, Inc. (BB: BOPH) as a Green
Baron “Stock Alert” during January, 2011;
We receive 60,000 shares of restricted 144
stock in BioMedical Technology Solutions (BB: BMTL) for its coverage as a
Green Baron “Stock Alert” beginning in January 2011;
We have been
compensated $4,500 for its
coverage of GreenWorld Development, Inc. (BB: FRXP) as a “Trading Alert” in
January 2011; We received U.S. 9,000 for its coverage of Mainland
Resources, Inc. (MNLU) as a "Trading Alert" in January 2011;
We received U.S. $9,000 for its coverage of Brazil Gold Corp. (BRZG) as a
"Trading Alert" in January 2011; We received U.S. $9,000 for
its coverage of American Power Corp. (BB: AMPW) as a “Trading Alert” in
January 2011;
We received U.S. $4,500 for
its coverage of Imperial Resources, Inc. (IPRC) as a “Trading Alert” in
February 2011; We have been compensated $9,000 for its coverage of Davi Luxury Brand Group, Inc.
(BB: MDAV) as a “Trading Alert” in March 2011;
We have been
compensated $4,500 for its
coverage of Mercer Gold Corp. (MRGP) as a “Trading Alert” in March 2011;
We have been compensated
$4,500 for its coverage of Vendum Batteries, Inc. (VNDB) as a “Trading
Alert” in March 2011; We
have agreed to accept (U.S.) $2,500 of Aspa Gold Corp. for coverage of Aspa
Gold (RENS) common stock as a Green Baron Stock Pick, beginning March 28,
2011, and we are negotiating to receive restricted 144 common stock in RENS;
A previously announced purchase agreement to buy shares from a third party
has been cancelled. We
have been compensated $9,000 for coverage of Genmed Holding Corp. (BB: GENM)
as a Green Baron “Trading Alert” in March and April 2011;
We have received U.S. $5,000 for its coverage of Force
Energy (BB: FORC) as a Green Baron “Trading
Alert” in April 2011;
We have received U.S. $4,500 for its coverage of Thwapr Inc. (BB: THWI) as a Green Baron “Trading
Alert” in April 2011; We
have received $15,000 for its coverage of Cellceutix Corp. (CTIX) as a Green
Baron “Stock Pick” beginning May 2011;
We
have received $4,500 for its coverage of Orofino Gold Corp. (OTCQB:
ORFG) as a “Trading Alert” in May 2011;
We have been compensated (US) $4,500 for its coverage of Allied American
Steel Corp. (AAST) as a Green Baron "Trading Alert" in June/July 2011; We have received US $10,000 for coverage of SunSi Energeries, Inc. (SSIE) as
a "Stock Alert" beginning in June 2011 and also we are receiving
US $5,000 and 8,000 shares of restricted common shares for its coverage of
SSIE as a Green Baron Upgraded "Stock Pick" beginning May 2012; We have been compensated 4,500 for its coverage of UnionTown Energy Inc. (UTOG)
as a "Trading Alert" in May 2011; We have received U.S.
$4,500 for its coverage of Bizzingo, Inc. (BB:BIZZ) as a Green Baron
"Trading Alert" in July 2011;
We have received U.S. $4,500 for its coverage of Portage Resources, Inc. (POTG)
as a Green Baron "Trading Alert" in July 2011; We have been compensated $49,500 for its coverage of Cougar Oil and Gas Canada, Inc. (BB: COUGF) as a
“Trading Alert”; We have received (U.S.) $10,000 for its
coverage of BTZO as a Green Baron "Stock Alert" beginning in August 2011;
We have been
compensated $9,000 for its
coverage of GreenCell, Inc. (GCLL) as a “Trading Alert” in August 2011 and
in September 2011 and in October 2011;
We have been compensated (U.S.) $4,500 for its
coverage of Amarantus BioSciences, Inc. as a “Trading Alert”
beginning in November, 2011; We
have received (U.S.) $4,500 for its coverage of All American Gold Corp.
(AAGC) as a Green Baron "Trading Alert" in September 2011;
We have not received any additional compensation for its upgraded "Stock
Pick" coverage of China Wi-Max Comm. (CHWM) beginning September 21, 2011;
Evergreen Marketing, Inc., parent company of The Green Baron Report is being
compensated $4,500 for its coverage of SPOW as a "Trading Alert" in October
2011; In November,
2011, Evergreen Marketing, Inc. has agreed to receive 50,000 restricted 144
shares of Omni Ventures, Inc. (OTCQB: OMVE) and $5,000 cash for coverage as
a Green Baron "Stock Pick;
We have received two million shares of
restricted 144 common stock of Nuvilex, Inc. (NVLX) for its six month
coverage of Nuvilex, Inc. as a Green Baron "Stock Pick" beginning in late
May 2011. Additionally, we are accepting $10,000 cash per month for
three months to manage additional digital IR strategies.
We have
agreed to receive fifty thousand (50,000) shares of restricted 144 common
stock in ecoTECH Energy Group, Inc. (BB: ECTH) for its coverage as a Green
Baron "Stock Pick" beginning in November, 2011;
We have been compensated (U.S.) $3,500 for its coverage of Viral Genetics,
Inc. (VRAL) as a “Trading Alert” in November, 2011;
We have been compensated $4,500 for
its coverage of FrogAds, Inc. (BB: FROG) as a “Trading Alert” in February
2012, and was compensated $4,500 in both January 2012 and December 2011 for
similar coverage;
We
have agreed to accept (U.S.) $17,500 for its ongoing coverage of AMBS
as a Green Baron “Stock Pick” beginning in late November, 2011;
We have
agreed to accept (U.S.) $4,000 and 200,000 restricted 144 common shares
of STKO for its coverage of Stakool / Anthus
Life, Inc. beginning in December, 2011;
We
have been compensated (U.S.) $5,000 and 2,000 shares of restricted 144
common shares of HLBC
for its coverage of HLBC as a Green Baron “Stock Alert” beginning in
February 2012; We have been compensated
$5,000 for its coverage of LIG Assets, Inc. (LIGA) as a “Trading Alert” in
April 2012;
We have been compensated $4,500 for
its coverage of Fireman's Contractors, Inc. (FRCN) as a “Trading Alert” in
April 2012;
We have been compensated
$4,500 for its coverage of RepliCel Life Sciences, Inc. (REPCF) as a
“Trading Alert” in April 2012; We have been compensated
$4,500 for its coverage of Brazil Resources, Inc. (BRIZF) as a
“Trading Alert” in April 2012; We have
agreed to accept seven thousand dollars
(US: $7,000) and three hundred thousand (300,000) shares of restricted 144
common stock of Global Payout, Inc. (GOHE)
for its coverage of GOHE as a Green Baron “Stock Pick” beginning in late
April, 2012.
We have not and do not expect to receive direct
compensation for its coverage of XWND as a “Stock Pick”;We have received (U.S.) $7,500 for coverage of Mantra Venture Group, Ltd.
(BB: MVTG) as a Green Baron “Stock Alert” beginning in June 2012.
We have
been compensated
(U.S.)$5,000 for its coverage of Imogo Mobile Technologies Corp. (BB:
IMTC) as a Green Baron "Trading Alert" in July, 2012;
We received $5,000 to
provide coverage of MJNA as a "Trading Alert" beginning in May, 2012)
and
was compensated an additional $2,500 for continued "Trading Alert" coverage
for MJNA beginning August 29, 2012, and also an additional $2,500 for
Trading Alert coverage beginning November 2012;
We have agreed
to accept six thousand five hundred dollars (US: $6,500) and three hundred
thousand (300,000) shares of restricted 144 common stock of PositiveID Corporation (PSID) for its coverage of
PSID as a Green Baron “Stock Pick” beginning in July, 2012;
We have agreed to accept two hundred fifty thousand (250,000) shares of
restricted 144 common stock of Quamtel, Inc. (QUMI) for its
coverage of QUMI as a Green Baron “Stock Pick” beginning in August, 2012;
We have received (U.S.) $7,500 for the distribution and coverage of Lorus Therapeutics, Inc. (TSX: LOR, OTCPK: LRUSF)
as a Green Baron “Stock Alert” beginning in October 2012;
We are receiving one million (1,000,000) restricted 144 shares of ITNS for coverage of Itonis,
Inc. as a Green Baron “Stock Pick” beginning in November 2012; Evergreen
Marketing, Inc. was not compensated for its updated and continued coverage
of SunSi Energies as a Green Baron "Stock Pick" beginning in December 2012:
We have received (U.S.) $7,000 for the distribution
and coverage of Terra Tech Corp. (BB: TRTC) as a Green Baron “Stock Alert”
beginning in January 2013; Evergreen Marketing, Inc, parent of The
Green Baron Report, is being compensated $2,500 for its coverage of
Compliance Systems Corp. (OTCQB:
COPI) as a “Trading Alert” in February 2013; We have
received fifteen thousand dollars (U.S. $15,000)
for coverage of The Pulse Beverage
Corporation (PLSB) as a Green Baron “Stock Pick” beginning in February
2013;
Evergreen
Marketing, Inc., parent of The Green Baron Report, is being compensated
$3,250 for its coverage of Crown Marketing Pharmaceuticals (OTCQB:
CWNM) as a “Trading Alert” in February 2013; We have been compensated
$4,500 for its coverage of Scout Exploration, Inc. (PK: SCXN) as a "Trading
Alert" beginning in March, 2013;
Evergreen Marketing, Inc. is being compensated $5,000 for its coverage
of SRBL as a “Trading Alert” beginning in March 2013 and is being compensated $6,000 for its coverage of SRBL as a “Trading
Alert” in May 2013; We
have received five hundred thousand (500,000) restricted 144 shares of WRAP
for the distribution of this report and coverage
of WRAPmail, Inc. as a Green Baron “Stock Pick” beginning in October 2012;
Evergreen
Marketing, Inc. was compensated US.$5,000 for its coverage of Dethrone
Royalty Holdings, Inc (DRHC) as a Green Baron "Trading Alert" beginning in
March 2013;
Evergreen Marketing, Inc. has been compensated US $10,000 for its
coverage of LifeApps Digital Media Inc. (LFAP) as a Green Baron "Stock
Pick" beginning in March 2013; Evergreen Marketing has been compensated
US $6,000 for its coverage of Cloud Star Corp. (CLDS) as a Trading Alert
beginning March 2013; Evergreen Marketing, Inc. has agreed to receive $5,000 for its profile
of DecisionPoint Systems (DPSI) as "Special Coverage" beginning in
April, 2013.
Green Baron Ventures Inc., parent of The Green Baron Report, is
receiving $6,000 for coverage of Plandai Biotechnology (PLPL) as a Green
Baron "Trading Alert" beginning in April, 2013;
Evergreen Marketing, Inc. has been compensated $6,000 for its coverage
of Inovio Pharmaceuticals, Inc. (INO) as a Green Baron "Trading Alert"
beginning in May 2013 - for the distribution of this and other material.
Since we are receiving compensation and may hold stock in the company there
may be an inherent conflict of interest in our statements and opinions and
such statements and opinions cannot be considered independent. We may
benefit from any increase in share price of the company. We may sell our
shares at any time, without notice, be that before, during or immediately
after the release of this material. Furthermore, our associates and/or
employees and/or principals may have stock positions in profiled companies
purchased in the open market or in private transactions. These positions may
be liquidated, without prior notification, even after we have made positive
comments regarding these companies. It should be understood that any price
targets and/or projections mentioned are solely opinions and should not be
taken as suggested holding periods. The receipt of this information
constitutes your acceptance of these terms and conditions. Reading this
material shall not create under any circumstances an offer to buy or sell
stock in any company profiled. Nor shall it create any principal-agent
relationship between the reader and us. Information within this material
contains "forward looking" statements within the meaning of Section 27(a) of
the U.S. Securities Act of 1933 and Section 21(e) of the U.S. Securities
Exchange Act of 1934. Any statements that express or involve discussions
with respect to predictions, expectations, beliefs, plans, projections,
objectives, goals, assumptions or future events or performance are not
statements of historical facts and may be forward looking statements.
Forward looking statements are based on expectations, estimates and
projections at the time the statements are made that involve a number of
risks and uncertainties which could cause actual results or events to differ
materially from those presently anticipated. Forward looking statements may
be identified through the use of words such as expects, will, anticipates,
estimates, believes, or by statements indicating certain actions may, could
or might occur
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