Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of https://www.bauxindustries.com/ (the “Site”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). Baux Industries is a division of Green Planet Wholesale Ltd. (“Green Planet”). By using this Site, you signify your acceptance of these Terms and Conditions.
Green Planet may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on this Site. Your continued use of this Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of the Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Green Planet, and/or its various subsidiaries, affiliates, associate dealers, third party providers and distributors (“Third Parties”), and are protected by Canadian, U.S. and international intellectual property laws.
Green Planet and Third Parties, including without limiting the generality of the foregoing, its suppliers and licensors, expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Green Planet’s or any Third Party’s intellectual property rights.
The Green Planet names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of Green Planet and are used in Canada and the U.S. under exclusive license by Green Planet. All other Contents are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.
Use of Site
Neither this Site nor the Contents may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Green Planet, except that you may download, display and print the content presented on this Site for your personal, non-commercial use only. Unauthorized use of this Site and/or the Contents may violate applicable copyright and trademark notices, including any other proprietary notices, contained within the Contents. The use of the Contents on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
This Site is not intended for use by individuals under the age of 18. Use of this Site is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Green Planet and without any liability whatsoever, Green Planet at any time and without notice may terminate or restrict your access to any component of this Site.
User Name and Password
Your https://www.bauxindustries.com/ web site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Green Planet representative. Green Planet recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Green Planet, and may be cancelled or suspended at any time by Green Planet without any notice or liability to you or any other person. Green Planet is not under any obligation to verify the actual identity or authority of the use of any login name or password.
You must immediately notify Green Planet of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
User Comments, Feedback, Postcards and Other Submissions
For all review, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Green Planet on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Green Planet a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however Green Planet desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.
For this reason, we ask that you not send Green Planet any comments that you do not wish to license to Green Planet as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original art work. Green Planet is not and shall not be under any obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to use any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to this Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.
You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of Green Planet and its successors, assigns and licensees.
Green Planet does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to this Site. You grant Green Planet the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Green Planet and its affiliates for all claims resulting from or relating to any Comments you submit.
Green Planet and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You understand that by using this Site or any services provided on this Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Green Planet and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.
Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by Third Parties, including without limiting the generality of the foregoing, Green Planet vendors and partners, and are not independently verified by Green Planet. The accuracy of such service descriptions, representations, warranties, guarantees, performance claims and other Content, is the sole responsibility of the Third Parties. While this Site attempts to be accurate in its product and/or service descriptions, Green Planet does not represent or warrant that the product and/or service descriptions or other Content on the Site are accurate, complete, reliable, current, or error-free. If you find a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with Green Planet’s Return Policy, or cancel the service in accordance with the applicable service agreement.
Green Planet and/or Third Parties may also provide tips, instructions and other information on this Site for your general information only. Because various aspects of products and services can change at any time, you should always be sure to read and follow the labels and instructions that accompany any products or services you use or purchase from Green Planet. No tips, instructions or other information is intended to substitute the advice of a qualified professional. This information does not cover all possible uses, precautions, and interactions and should not be construed to indicated that any product or service is safe for your intended purposes. You should carefully read all the information provided by the manufacturer of the product or service on or in the product or service packaging and labels and consult appropriate professionals to ensure the same are appropriate for your intended use.
GREEN PLANET, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE TIPS, INSTRUCTORS AND OTHER INFORMATION AND RESOURCES AVAILABLE ON THIS SITE.
Users of this Site are prohibited from violating or attempting to violate the security of this Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Green Planet will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site and other than search engine and search agents available on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Firefox, Chrome).
Personal information is information about an identifiable individual. Person information includes such things are your name, address, age, income, date of birth, gender, financial information and credit records, as well as your opinions, preferences and purchase patterns.
Purpose of Collecting Personal Information
Green Planet identifies the purpose for which your personal information is collected. We do this before or at the time the information is actually being collected. We collect, use and disclose your personal information in order to:
- process your application for a product, provide a service or administer Green Planet customer programs;
- better understand your product services needs and to offer relevant information, products, services and rewards to meet those needs;
- determine your interest and eligibility for, and where appropriate provide you with, products, services and loyalty rewards;
- administer the delivery of products, services and loyalty rewards to you;
- track and analyze your purchases, other transactions, shopping patterns, account activity, and payment history for marketing analysis purposes or making promotional offers to you;
- conduct surveys and analysis for research, statistical and product development purposes (information will be anonymized to the extent possible);
- verify your identity and protect against error and fraud;
- assess and update your credit-worthiness on an ongoing basis;
- process, service, analyze and audit your relationship with us, including collecting any money you owe us;
- support promotions and contest administration;
- perform tests to implement or modify systems;
- comply with legal and regulatory requirements; and
- achieve other purposes as may, from time to time, be permitted by law.
By providing your information to Green Planet, you consent to Green Planet using your personal information for the purposes outlined above. Withdrawal of consent to collect, use and disclose your personal information for the purposes of a promotional and/or royalty program may restrict our ability to provide you with some privileges and opportunities of being a member.
Green Planet obtains your consent to collect, use or disclose your personal information, except as permitted by law. The method of obtaining consent depends on the circumstances and the sensitivity of the information. Consent may be verbal or written, express or implied. Your express consent (verbal, written or electronic agreement) is obtained to collect, use or disclose sensitive personal information. Implied consent is obtained in circumstances where a customer relationship already exists, express consent has been previously given, or the purpose of using the personal information is reasonably apparent to you.
You can change your consent preferences at any time by contacting Green Planet’s Customer Relations department.
Benefits of Consent
Green Planet is part of a growing network of interrelated businesses offering a unique mix of products and services. We want to give you exceptional customer service and additional value which is facilitated by sharing your information within Green Planet and across our various businesses. This sharing enables us to notify current and new customers or products, services, rewards and special offers they might enjoy. We may also provide your personal information to other companies designated by Green Planet under our promotional and/or loyalty programs so that they can notify you directly or products, services, rewards and special offers that may be of interest to you. These notices may be given to you by postal mail, e-mail, facsimile, telephone, text message, automatic dialing-announcing device or other form of telecommunication using the contact information that you provide to us.
Opting Out/Withdrawing Consent
If you decide that you don’t want to receive marketing offers for products and services, you may always withdraw or refuse your consent at any time by calling us toll free at 1-866-913-4769. Your request will be promptly processed but may not be in time to remove you from promotions already in progress. Please note that even if you have opted out of receiving marketing communications, we may still contact you for purposes of administering your account.
If you decide to withdraw or refuse consent, our ability to communicate with you will be diminished. For example, we will not generally be able to tell you about price discounts, rewards, customized balance transfer offers, contests, or other product and services may be of value to you.
Limited Collection, Use and Retention of Personal Information
Green Planet uses and discloses your personal information only for the purposes for which is was collected, except with your consent or as required by law. We assure you that we do not sell or rent personal information. We only provide your personal information within Green Planet and across our various businesses, with current or future partners in promotional and/or loyalty programs, and with third-party service providers for the administration of certain promotional activities, and to ensure your needs are met and you are receiving optimum value from your participation in loyalty programs.
Green Planet retains your personal information only as long as it is required for our business relationship or as required by law. In the unlikely event that Green Planet, or any of its affiliated companies, brands or substantially all of any of their assets are acquired by an unrelated third party, your personal information may be one of the transferred assets. By providing your personal information to Green Planet, you agree that we may disclose your personal information, on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction and the continued operation of the acquired business.
Protection of Personal Information
The security of your personal information is important to Green Planet. We will protect your personal information with appropriate safeguards and security measures. All of our Service Providers are required under their contract with us to maintain your confidentiality and may not use your information for any unauthorized purpose. When we are required by law to provide information, we take reasonable steps to verify the lawful authority for the collection and we disclose only the information that is legally required. We review our procedures and security measures regularly to ensure that they are properly administered and remain effective and appropriate for the sensitivity of the information.
You have the right to request access to your personal information we have on record in order to ensure it is accurate. If there are discrepancies, your information can be updated as appropriate. To access your personal information, a request must be submitted in writing. Green Planet will respond to your request for access or information in a reasonable time. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we are unable to separate your data), or if we are prohibited by law from disclosing the information.
Questions, Concerns and Complaints
Green Planet responds in a reasonable time to your requests, concerns and complaints about the privacy of your personal information and our privacy policies and procedures. We will investigate and respond to any concern you have regarding the handling of your personal information. In most cases, an issue can be resolved by simply telling us about it and discussing any issues.
Items listed on this Site may not be available or in-stock at all times for purchase. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of this Site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All prices are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
All advertisements on this Site are merely invitations for you to purchase goods or services from Green Planet, and are not offers to sell by Green Planet.
Green Planet reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its direction, including, without limitation, if Green Planet believes that customer conduct violates applicable law or is harmful to the interests of Green Planet or any Third Parties.
All sizes and quotes are approximate. Some items shown may require assembly.
Please contact us at [email protected] for more information in regard to our return and warranty policies.
Redeeming a Warranty
A limited manufacturer’s warranty is included free for certain categories of products, and may include an option to extend coverage. If something happens to your product and it is still covered under the manufacturer’s warranty, you can contact the manufacturer to make the claim. Their contact information should be included in the packaging, but if you can’t find it, or if you need any help making this claim, contact us and we will gladly help you in any way we can.
Some of the information, articles and other materials available through this Site are provided to Green Planet through third parties; however, such materials are provided for your interest and convenience only. Green Planet does not endorse these materials or the vendors who supply them to us, nor does Green Planet warrant or represent that these materials are current, accurate, complete or reliable.
Green Planet is not responsible or liable in any manner for certain features and functionality offered on this Site which are provided by third parties unrelated to Green Planet. Access to and use of said services may require your agreement to additional terms and conditions.
Reference on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and the inclusion thereof does not in any way constitute or imply endorsement, sponsorship, recommendation, investigation or verification by Green Planet or the Third Parties of the third party, information, product or service. Green Planet is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. Green Planet does not assume any responsibility or liability for the actions, product, and content of any such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and privacy policies of such websites.
Green Planet and the Third Parties shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is strictly prohibited.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS AND SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS SITE IS PROVIDED BY GREENPLANET ON AN “AS IS” AND “AS AVAILABLE” BASIS. GREEN PLANET MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, GREEN PLANET DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS WEB SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREEN PLANET DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE, PRODUCT, OR MATERIALS DISPLAYED ON THIS WEB SITE AND THAT THIS WEB SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOU USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEB SITE.
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GREEN PLANET AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (6) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GREEN PLANET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.
Nature of Relationship
The relationship between Green Planet and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of this Site.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Green Planet or relating in any way to your use of this Site or a purchase made on this Site will be in the courts of the Province of British Columbia unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
The delay or failure of Green Planet to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Green Planet’s rights with respect to such breach or any subsequent breaches. Green Planet shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to causes beyond its control.
You may not assign these Terms and Conditions to any third party without the prior written consent of Green Planet.
Additional terms and conditions apply to purchases of products and services and such terms and conditions may also apply to specific web site functions available on this Site.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provisions shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions will be binding upon and enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Green Planet and its successors and assigns.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Green Planet as set forth above.