Welcome to GREENLYNC, a virtual marketplace and social platform. GREENLYNC through its Platform (“Platform”) provides you with a means to connect with third parties which will enhance your social experiences.
(b) Platform/Websites, portals, mobile applications, channels, software, social media pages, applications, platforms (collectively, the “Platform/Websites”)
(c) including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”).
(d) wholesale and inventory management platform
1.3. Some of the Third Parties on the Platform/Websites and Services (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Platform/Websites and Services (“Additional Terms”). The Additional Terms will be posted on the applicable Platform/Website or Services. If there is a difference between these Terms and any Additional Terms for a specific Platform/Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms.
1.5. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
ARTICLE 2. OWNERSHIP OF SERVICE
2.1. GREENLYNC is the owner, or authorized licensee, of all content displayed on or by the Services, including but not limited to text, graphics, visual interfaces, audio interfaces, drawings, artwork, photographs, trademarks, copyrights, music, sounds, software, and computer code (collectively “Content”).
2.2. We may, at any time and within our sole discretion, modify, alter, delete, add or otherwise change the Content.
2.3. GREENLYNC grants you a limited, non-transferable license to use the Services and Content as provided for herein. You may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the GREENLYNC Content, Platform/Websites, or the Services or any of the IP Rights of GREENLYNC, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform/Websites and the GREENLYNC Content are retained by us.
2.6. There may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. GREENLYNC will not be held responsible for any such interruptions.
2.7. GREENLYNC reserves the right to remove any Content and/or User Engagement from the Services for any reason without prior notice. Content and/or User Engagement removed from the Services may continue to be stored by GREENLYNC including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. GREENLYNC is not a backup service and User agrees that User will not rely on the Services for the purposes of content backup or storage. GREENLYNC will not be liable to User for any modification, suspension, or discontinuation of the GREENLYNC Services or the loss of any Content or User Engagement. User also acknowledges that the internet may be subject to breaches of security and that the submission of User Engagement or other information may not be secure. User is expressly and solely responsible for User’s own security when using the Services. User Engagement is defined in Article 4, Paragraph 4.1 (g).
ARTICLE 3. USER REGISTRATION,
PASSWORDS AND SECURITY
3.2. You are solely responsible for maintaining the confidentiality of your password and the other Protected Information (as defined below) and for restricting access to your account so that others may not access any password-protected portion of the Platform/Websites or Services using your Protected Information.
3.3. If you use Services in a way that requires you to create a username and/or password, then you agree that you are solely responsible for keeping such information secret and confidential.
3.4. You agree to accept responsibility for all activities that occur under your username, including but not limited to all submissions, comments and other communications.
3.5. You are responsible for changing your password if you believe that your password has been stolen, lost, compromised or might otherwise be misused. You agree to notify GREENLYNC immediately of any unauthorized use of your username or password, or if you suspect any other security breach. We reserve the right, at any time and in our sole discretion, to suspend or terminate your ability to access or use the Services.
3.6. You may not register a username (or email address) that:
(a) is already being used by someone else;
(b) may impersonate another person:
(c) belongs to another person;
(d) violates the intellectual property or other right of any person or entity; or
(e) is offensive.
Violation of any of the above may be a basis for rejection.
3.7. You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, GREENLYNC may suspend or terminate your account and refuse you any and all current or future access to or use of the Platform/Websites and Services (or any portion thereof). If you fail to update your information in a timely manner, then GREENLYNC has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow GREENLYNC to suspend or terminate your account and refuse you any and all current or future access or use of the Platform/Websites and Services (or any portion thereof).
3.8. You will not sell, transfer, assign, or provide a copy of your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for any of the Platform/Websites or Services to any other person or entity. You must keep all of the Protected Information in strict confidence.
3.9. You will not share or allow any third party to utilize your account on your behalf or on a time share basis.
3.10. You will not create more than one account unless specifically authorized to do so.
3.11. You will not use Protected Information of others.
3.12. GREENLYNC is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
3.14. Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. GREENLYNC assumes no responsibility or liability for any issues, problems, or Content on your User Profile.
3.15. User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. GREENLYNC does not review each User Profile to determine if it was created by an appropriate party. In addition, GREENLYNC is not responsible for any unauthorized User Profiles that may appear on the Services. If you believe that a User Profile listed on one of the Platform/Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to customerservice@GREENLYNC.com and/or report it as instructed on the Platform/Website.
3.16. You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security.
ARTICLE 4. USER CONTENT
(a) “Content” includes all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media,
(b) “User Content” means Content submitted by or transmitted from users on Platform/Websites or Services. This includes but is not limited to ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a User’s Publics,
(c) “GREENLYNC Content” is Content owned and/or is generated by us and made available to Users via the Platform/Websites or Services,
(d) “Third Party Content” is Content that originates from parties other than GREENLYNC or Users on the Platform/Websites or Services, and available on the Platform/Websites or Services,
(e) “Platform/Website Content” is all of the Content on the Platform/Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below), and GREENLYNC Content.
(f) “User Comments” refer to comments submitted, posted, or displayed by Users.
(g) “User Engagement” collectively refers to User Submissions and User Comments.
4.3. You agree not violate any applicable laws and/or regulations while using the Services.
4.4. By posting content on the Service, you grant GREENLYNC a non-exclusive, fully paid, worldwide license to use or display such Content in whatever way GREENLYNC chooses. This license shall remain in effect upon you terminating the use of the Services.
4.5. You represent and warrant that:
(a) You either own, or have the necessary licenses, rights, consents, and/or permissions, for the content and authorize GREENLYNC, its applicable affiliates, the Platform/Websites, the Services, and all users thereof, to use such User Content as necessary to exercise the licenses granted by you hereunder (including with respect to all patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights to your User Content, and to any other works that you incorporate into your User Content);
(b) Your Content does not violate the privacy, publicity or intellectual property rights of any person or entity,
(c) You agree to pay for any royalties and/or fees owing any person by reason of any Content you post on Service.
(e) the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your User Content does not and will not infringe the proprietary rights or otherwise cause injury to any other person or entity, including any such person or entity using the Platform/Websites, Services, or otherwise, and that GREENLYNC is under no obligation to post any User Content that you provide and reserves the right to post our own versions of your User Content as GREENLYNC Content in our sole discretion;
(h) You will not post, transmit, broadcast, or otherwise make available any User Content that is unlawful, misleading, harmful, bigoted, offensive, profane, insensitive, obscene, lewd, lascivious, filthy, violent, tortious, libelous, slanderous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable (hereinafter, “Offensive Content”);
(i) You will not impersonate any person, or misrepresent our identity or affiliation with any person or organization;
(j) You will not give the impression that any activity engaged in by you and not approved by GREENLYNC is from or are endorsed by GREENLYNC, or any other person or entity, if that is not the case;
(k) that you are at least twenty-one (21) years old, as applicable, and you acknowledge that persons under that age may not submit User Content to the Platform, the Platform/Websites, or the Services; and
(l) that GREENLYNC may, in its sole discretion, monitor the User Content you submit and any other communications that you may have, but is under no obligation to do so.
4.6. By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading or defamatory, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
4.7. You irrevocably waive, and cause to be waived, against GREENLYNC and its users, any claims and/or objections from third-parties with respect to your User Content.
4.8. GREENLYNC does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. In the event that you find any Offensive Content during your use of the Platform/Websites and Services unpleasant, indecent, or objectionable you acknowledge and agree that GREENLYNC will not be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via GREENLYNC, the Platform/Websites, Services, or any related process or venue.
ARTICLE 5. REVIEW AND EDIT OF USER CONTENT
(a) is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or otherwise violates any federal, state or local laws or ordinances, or
(b) harasses or advocates harassment of any group or individual, or
(c) involves the transmission of junk mail, chain letters, or spam, or
(d) is known to be false or misleading, or promotes illegal activities, or
(e) promotes an illegal or unauthorized copy of another’s copyrighted work, or
(f) contains restricted or password-only access pages or hidden pages or images, or
(g) provides material that is sexual in nature, or
(h) provides instructional information about illegal activities, or
(i) solicits passwords or personal identifying information for commercial or unlawful purposes, or
(j) is irrelevant to the stated purpose of GREENLYNC.
5.2. If you believe that your Content should not be removed, you may submit the basis of your belief to GREENLYNC and it will be reviewed for reconsideration. Once Company completes its review, you will be notified of the decision. All decisions made by Company shall be final.
5.3. It is GREENLYNC’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
5.4. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office Platform/Website, GREENLYNC will respond appropriately to claims and reports of copyright infringement taking place on or through the Platform/Websites. You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), About, Inc., 28 Liberty Street, 7th Floor, New York, NY, 10005 or in an email to SafeHarborAgent@About.Com. This contact information is only for suspected copyright infringement. Please include the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
It is the policy of GREENLYNC to disable the accounts of users who repeatedly post infringing material on the Site.
5.5. If you believe that your User Engagement that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Engagement, you may send a counter-notice containing the following information to owner’s Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled”; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction the Federal District Court for the juridical district in which the User is located or, if the User is outside of the United States, for any judicial district in which GREENLYNC may be found, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.
5.6. If a counter-notice is received by owner’s Copyright Agent, GREENLYNC may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed User Engagement or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who provided the User Engagement, the removed User Engagement may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GREENLYNC’s sole discretion.
ARTICLE 6. LICENSE TO USER AND
THIRD PARTY CONTENT/DATA
6.1. GREENLYNC acknowledges that all User Content you post or make available on the Platform/Website or Services are owned by you, but you grant GREENLYNC a license in perpetuity and transferable rights and licenses:
(a) to host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
(b) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
(c) to use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom; and
(d) to grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (a) – (c) in connection with their own Platform/Websites and media platforms.
6.2. You hereby grant GREENLYNC the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of GREENLYNC or for any purpose relating to the Platform/Websites or Services, including in connection with displaying any data, images, or information on the Platform/Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by GREENLYNC shall be owned exclusively by us.
ARTICLE 7. USE OF SERVICES
You acknowledge that your use of the Platform/Website and Services is subject to Federal, State and Local laws and regulations, and that you will abide by such.
7.1. Cannabis Locator. The Services may include information and/or listings showing where cannabis and cannabis goods may be available. Any such information and/or listings are provided by licensed cannabis businesses and other users of the Services, and GREENLYNC may or may not verify such information and/or listings. You agree that any information that you post and/or listings that you create shall contain true and accurate information and that you will update any such information and/or listings in a timely manner. Availability, pricing, and other information are subject to change at any time. You agree that GREENLYNC is not responsible for, and may not be held liable for, checking and/or ensuring the accuracy of any information related to the availability of any cannabis or cannabis goods that are listed on the Services, and that you are solely responsible for your use of locator information and/or listings that may be found within the Services.
7.2. Cannabis Experience. As part of the Services, users are permitted (in accordance with the Terms) to provide descriptions of cannabis and cannabis goods, including but not limited to look, smell, taste, and effects. Some users may also discuss medicinal benefits or side effects that they believe they have experienced from the use of cannabis/goods. We do not verify any user claims related to cannabis/goods, and you agree that you are responsible for obtaining any additional information that you believe may impact your choice of cannabis/cannabis goods, including effects, price and other factors. If you provide any descriptions, experiences, medicinal effects, or other information, then you represent that such information is accurate and based on your own contact with the cannabis/goods that you are commenting on. You agree that Owner is not responsible for, and may not be held liable for, the accuracy of any information related to the properties and/or effects of cannabis/cannabis goods, nor the actual effects that you may experience from cannabis/cannabis goods, and that you are solely responsible for your use of cannabis/cannabis goods.
7.3. User Representations, Warranties, and Covenants Regarding Orders. By using Web Orders (third-party, unaffiliated vendors), you represent, warrant and covenant that:
(a) You will upload and maintain in your User Profile a valid, unexpired government-issued identification card and, if you will be ordering medical cannabis, a recommendation for medical cannabis that is valid in the applicable jurisdiction in which you place an order via Web Orders, and that
(b) Your use of the Platform/Websites and the Services, including Web Orders, does not violate any applicable state or local law, including any legal requirements for orders you place through Web Orders. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age as well as your original recommendation if you order cannabis. If you do not comply with these terms regarding Web Orders, you agree that cannabis products may not be released to you by the applicable Retailer, and you may forfeit the cost of such products.
7.5. Third Party Materials. The Platform/Website or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, and/or materials) or contain links to third-party Platform/Websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that GREENLYNC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. GREENLYNC does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
7.6. The Platform/Website or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. GREENLYNC displays these Offers on the Platform/Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Platform/Website or Services. The Offeror, and not GREENLYNC, is solely responsible for:
(a) redemption of the Offer;
(b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and
(d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
7.7. Social Media. GREENLYNC may also provide users with the ability to login to the Platform/Websites or Services with your login credentials from certain social networking Platform/Websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar Platform/Website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking Platform/Website. If you elect to share your information with any number of social networking Platform/Websites, we will then share your information with the Platform/Websites you name, in accordance with your election, and per their terms and conditions.
7.8. Event Listings. Our Services allow Organizers to list and Users to search for events. Use of the Services are subject to the following:
(a) GREENLYNC is NOT the creator, organizer or owner of the events listed on the Services, unless the event is specifically designated a GREENLYNC event. Users agree that GREENLYNC is not responsible for, and may not be held liable for, the accuracy of any information related to events that are listed on the Services, and that Users are solely responsible for checking on the time, place, date and other information provided as part of such event listing.
(b) Reference to “Organizer,” in these Terms means event creators using the Services to list events displayed on the Services for consumers using our Services (“Consumers”).
(c) Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”
(d) Any Organizer that posts an event listing represents and warrants that such Organizer shall provide accurate information, including any limitations on who may attend, and that such information shall be updated as needed.
(e) Organizers who post event listings are solely responsible for the content thereof, and GREENLYNC is not responsible for verifying details of any such listings.
(f) If you list or participate in an event listed on the Services, or you provide event information to another Consumer based on information found within the Services, then you agree that GREENLYNC is not responsible for any damages that may be incurred as a result of your event listing or participation.
(g) The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.
(h) If there is a charge to Consumer for any event listed on the Platform, the payment method for Consumer will be arranged by Company and Consumer will be directed to the third party payment site.
(i) If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
(j) GREENLYNC may terminate your right to use the Services at any time (i) if you violate or breach these Terms; (ii) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by GREENLYNC; or (iii) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose GREENLYNC to legal liability. GREENLYNC may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in GREENLYNC’s sole discretion, failure to do so would materially prejudice you. You agree that GREENLYNC will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
(k) You acknowledge that GREENLYNC has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. GREENLYNC has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that GREENLYNC requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
(l) You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
(i) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(ii) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances.
7.9. Personal Matches. We offer a forum for users to find and make contact with potential personal matches through the Services. Any user who wishes to utilize the personal match availability agrees that all information uploaded into that section of the Services shall be true and accurate, that photos posted shall be of the user, and that information will be updated as necessary. If you utilize any chat or instant message features associated with personal matches, you acknowledge and agree that GREENLYNC is not responsible for the content of any message you may receive from another user, nor does it guarantee that any such content is accurate. You agree that GREENLYNC is not responsible, and may not be held liable for, any inaccurate or false information that is posted by a user of the Services. We strongly recommend that you take precautions prior to meeting anyone that you meet through the Services, including but not limited to notifying friends and family of your expected whereabouts and with whom you will be meeting. You agree that GREENLYNC is not responsible for any damages that may be incurred as a result of your personal match with another user.
In addition, You warrant and represent that:
(a) You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
(b) You are not required to register as a sex offender with any state, federal or local sex offender registry;
(c) You are not on any list of individuals prohibited from conducting business with the United States;
(d) You are not prohibited by law from using our services;
(e) All content submitted by you was written by you and not created by a third party or automatically generated;
(f) You will not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
(g) You will not solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
(h) You will not use our Services in relation to fraud, a pyramid scheme, or other similar practice;
(i) You will not express or imply that any statements You make are endorsed by GREENLYNC; and/or
(j) You will not engage in any conduct that may harm the reputation of GREENLYNC.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
7.10. Video images, posts.
(a) You shall be solely responsible for your own User Engagement as defined in Article 4 above, and the consequences of posting or publishing User Engagement.
(b) In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Comments:
(i) You may be given the opportunity to review and post User Comments on the Services. Your User Comments must adhere to this Agreement, any additional applicable terms of the mobile application store or marketplace where you have downloaded such Services, and, to the extent applicable, foreign, national, state, or local laws. If a comment is made using your identity, it will be deemed to have been posted by you. GREENLYNC will not accept responsibility for User Comments and other information posted in the comments. If GREENLYNC receives notice that any User Comments are not in compliance with this Agreement or the intended use of the User Comments, GREENLYNC may remove such User Comments. Additionally, engaging in such conduct may result in you and/or your account being banned from the Services.
(ii) User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User Comments are made available AS IS and may not be used, copied, reproduced, displayed, sold, licensed, downloaded, distributed, transmitted, broadcast, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as expressly authorized under this Agreement.
(c) In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Submissions–you affirm, represent, and/or warrant that the Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, GREENLYNC does not guarantee any confidentiality with respect to any submissions.
(d) You additionally affirm, represent, and warrant that the posting and use of your User Engagement on or through the GREENLYNC Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
(e) You agree to pay for all royalties, fees, and any other monies owed by reason of your User Engagement that you post on or through the Services.
(f) GREENLYNC does not endorse any User Engagement or any opinion, recommendation, or advice expressed therein, and GREENLYNC expressly disclaims any and all liability in connection with User Engagement. GREENLYNC does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and GREENLYNC will remove all Content and User Engagement if properly notified that such Content or User Engagement infringes on another’s intellectual property rights. GREENLYNC may, but has no obligation to, remove, edit, block, and/or monitor User Engagement or accounts containing User Engagement that GREENLYNC determines in its sole discretion violates this Agreement. GREENLYNC will also terminate a User’s access to the Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Engagement removed from the Services more than twice.
(g) GREENLYNC reserves the right to determine in its sole discretion whether Content or User Engagement is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, hate speech, or excessive length. GREENLYNC may, at any time, without prior notice and in its sole discretion remove such User Engagement and/or terminate a User’s access for submitting such material in violation of this Agreement.
(h) You understand that when using the Services, you will be exposed to User Engagement from a variety of sources. GREENLYNC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Engagement. You understand and agree that GREENLYNC cannot and will not be responsible for the User Engagement posted on the Services and you use the Services at your own risk. You further understand and acknowledge that you may be exposed to User Engagement that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GREENLYNC with respect thereto to the fullest extent permitted by law.
7.11. Contests. GREENLYNC provides a platform to allow Users to participate in various contests. Contests may be created, administered and/or controlled by Third Parties. We simply list links to them for the value of our Users. We are not a merchant and do not deliver anything you find on those sites ourselves. We are not responsible for any item found on those sites. We do not handle support calls, emails or written requests for those items.
(a) Users of those Sites are responsible for complying with the tax laws, rules and regulations that may govern the Contests and any prizes that may be awarded in any Contest. User acknowledges and agrees that Contests are subject to the laws of the state where they are created, administered, and/or the residence of the User.
(b) There may be tax consequences as a result of prizes won in any listed contest. User must take all necessary steps to ensure compliance with any applicable tax laws or regulations. GREENLYNC does not provide tax, investment, or financial services with regard to any prizes that may be connected to the Contests. Any information regarding prizes and tax implications available through contests posted on the Site by third parties is provided solely for informational purposes on an “as is” basis at User’s sole risk. GREENLYNC makes no warranties or representations with regard to said information. GREENLYNC makes no guarantees as to the accurateness, quality, or completeness of the information and GREENLYNC shall not be responsible or liable for any error, omissions, or inaccuracies in the information or for any User’s reliance on the information.
(c) User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial questions a user may have.
(d) Content on the Platform may be provided by independent outside Contributors. GREENLYNC does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate.
(e) Any reference to information about the Contributor by GREENLYNC is based on information provided by Contributor, and does not reflect any opinion by GREENLYNC of the ability or veracity of Contributor.
(f) GREENLYNC is not obligated to monitor or independently research or verify any content of Contributor, nor does GREENLYNC represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any Contributor, nor of any other Users of the Site.
(g) Postings on the Platform are intended to be provided for general information purposes only and can never take into account your unique, personal circumstances and needs. User acknowledges and agrees that any reliance or actions you take in violation of your agreement with us shall be at your sole and exclusive risk and GREENLYNC shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Site, whether with Contributors or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., from a financial advisor).
7.12. Indemnity and Release. You agree to indemnify and hold GREENLYNC (and its directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to:
(a) Your use or misuse of the Platform/Websites or Services,
(b) Your User Content,
(d) Your violation of applicable laws or regulations.
GREENLYNC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us or any other indemnitee hereunder and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GREENLYNC. GREENLYNC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
7.13. If there is a dispute between users of the Platform/Websites or Services, including between Publics and Retailers (each, a “Dispute”), you understand and agree that GREENLYNC and its affiliates (including the Platform/Websites and the Services, including Web Orders) are under no obligation to become involved in such Dispute.
7.14. You hereby release and forever discharge GREENLYNC (and its directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Platform/Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
ARTICLE 8. USER CONDUCT
8.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Platform/Websites or Services. In connection with your access or use of any of the Platform/Websites or Services, you may not and will not:
(a) upload, post, transmit, broadcast or otherwise make available any Offensive Content, including any User Content that is unlawful, libelous, defamatory or otherwise objectionable;
(b) breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
(c) review the information and data on our Platform/Websites, and/or utilize our Services if you are not able to form legally binding contracts (for example, if you are under the age of 21), or are temporarily or indefinitely suspended from using our Platform/Websites or Services;
(d) upload, post, transmit, broadcast, sell, transfer or otherwise make available any User or Platform/Website Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) register for more than one User Profile on any of the Platform/Websites, or register for a User Profile on behalf of an individual other than yourself, or a company that you are not authorized to represent or legally bind to a contract;
(f) manipulate the price of any item or interfere with any other user’s listings, reviews, and products;
(g) take any action that may undermine the feedback or ratings systems of the Platform/Websites or Services;
(h) transfer your User Profile to another individual or entity without our prior written consent;
(i) distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any related content;
(j) interfere with or disrupt any Platform/Website processes, servers or networks supporting the Platform/Websites and/or GREENLYNC;
(k) impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files;
(l) use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Platform/Websites, Services or Platform/Website Content for any purpose;
(m) bypass our robot exclusion headers, interfere with the working of our Services, features or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
(n) export or re-export any GREENLYNC’ application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
(o) insult, threaten, stalk, harass, mislead or deceive other users of the Platform/Websites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European Enforcement Directive of 2004, or 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 other regulations and/or guidelines having the force of law;
(q) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the United States Immigration and Nationality Act.
(r) refuse to acknowledge that GREENLYNC may establish general practices and limitations concerning use of the Platform/Websites and Services, including without limitation restrictions concerning User Content provided by You for use on the Platform/Websites and Services, the type and quantity of transactional data stored and presented in connection with your account, the maximum disk space that will be allotted on GREENLYNC’ servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Platform/Websites and Services in any given period of time;
(s) export any Platform/Website Content out of the jurisdiction in which it is intended or displayed;
(t) access the Platform/Websites or Services in order to build a similar or competitive Platform/Website or Service;
(u) send electronic transmissions (including but not limited to interactive monetary offers, audio-video communications, email, search queries, chat and other Internet activities) as interstate communications;
(v) circumvent any technical measures we use to provide Services;
(w) assist any third party with any of the foregoing; and/or
(x) post private, confidential or sensitive information, or information that is otherwise in breach of the law via the Services, including, without limitation, User’s or any other person’s credit card information, social security, or national identity numbers, non-public phone numbers, addresses, or email addresses. User must not submit material that is copyrighted, protected by trade secret, or otherwise subject to third partyto third party proprietary rights, including privacy and publicity rights, unless User is the GREENLYNC of such rights or havs permission from their rightful GREENLYNC to post the material and to grant to GREENLYNC all of the licensed right granted herein.
8.2. You fully understand, acknowledge and agree that GREENLYNC may, under certain circumstances and without prior notice, immediately terminate your GREENLYNC User Profile and access to the Platform/Websites, Services and any other related or affiliated applications, functions and tools.
8.3. Cause for account termination or suspension shall include, but not be limited to:
(a) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules;
(b) requests by law enforcement or other local, state or federal government agencies or divisions;
(c) any attempts to breach our security, private accounts or other protected content on the Platform/Websites;
(d) discontinuance or significant modification to the Platform/Websites or Services, or any related or affiliated Platform/Website owned and/or operated by GREENLYNC (or any part thereof);
(e) unforeseen technical, electronic, mechanical or any other difficulties or security issues;
(f) prolonged inactivity of Your account, which shall be determined by GREENLYNC;
(g) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or
(h) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the Platform/Websites or any related or affiliated Service, business or Platform/Website. Termination of a User Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent you from using our Platform/Websites and Services in the future.
GREENLYNC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
8.4. User must not change, alter, or modify any part of the Services for any reason.
8.5. User must not distribute in any medium any part of the Services without prior written authorization from GREENLYNC. User agrees not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content and User Engagement or enforce limitations on use of the Services and the Conten and User Engagement therein.
8.6. User must keep all of User’s User Engagement relevant and “on topic” to the particular item of User Engagement open for comments or submissions.
8.7. The Content and GREENLYNC intellectual property, including, but not limited to, the GREENLYNC trademarks, trade names, and logos, on the Services are owned by or licensed to GREENLYNC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GREENLYNC reserves all rights that are not expressly granted in and to the Services and the Content. User agrees not to use, copy, or distribute, either directly or indirectly, any of the Content other than that which is expressly permitted herein, including any use, copying, or distribution of User Engagement of third parties obtained through the Services for any commercial purposes. If User downloads or prints a copy of the Content and/or User Engagement for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees that GREENLYNC holds no responsibility for content posted within the service, including, but not limited to, User Engagement. GREENLYNC is not obligated to monitor or edit any content posted on Services, including, but not limited to, User Engagement. If User’s content violates this Agreement, User may bear legal responsibility for that content.
8.8 User agrees not to use the Services for any commercial purpose or use, either direct or indirect, without the prior written authorization of GREENLYNC. User may access User Engagement solely for User’s information and non-commercial, personal use or as otherwise intended through the normal functionality of the GREENLYNC Services. GREENLYNC permits User to link to materials on the Services for personal, non-commercial purposes only.
8.9. User must not solicit for commercial purposes, spam, or send harassing communications to any other Users. Additionally, User must not collect or harvest any personal information from the Services. User must not offer to sell or buy any product or service, and User must not post advertisements or solicitations of business without the prior consent of GREENLYNC.
8.10 User must not attempt to restrict another User from using or enjoying the Services and User must not encourage or facilitate violations of this Agreement or any other GREENLYNC terms.
ARTICLE 9. COMMUNICATIONS
9.1. Your use of or accessing the Platform/Websites or Services acknowledges your consent to receive certain communications from us electronically. Whether said communication is by e-mail, text, in-app push notices, or by posting notices and messages on the Platform/Websites or through any of the Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically shall have the same force and effect as if such communications be in writing.
9.2. GREENLYNC does not endorse or guarantee the content of any communication you receive from another user of the Services. GREENLYNC may store contents of chats, instant messages and other communications that are sent through the Services for the purpose of product analysis and improvement. We may also review chats, instant messages and other communications to ensure adherence to these Terms and as required by court order, subpoena, or other legal or administrative process.
ARTICLE 10. DISCLAIMER OF CONTENT;
DISCLAIMER OF LIABILITY
ARTICLE 11. DMCA
11.1 GREENLYNC deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), About, Inc., 28 Liberty Street, 7th Floor, New York, NY, 10005 or in an email to SafeHarborAgent@About.Com. This contact information is only for suspected copyright infringement. Please include the following:
a) Your physical or electronic signature.
b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
d) Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright Buzzlync, its agent or the law.
f) A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright Buzzlync.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
11.2 It is the policy of GREENLYNC to disable the accounts of users who repeatedly post infringing material on the Platform/Website or the Service.
ARTICLE 12. USER LOCATION
12.1. In order to use certain aspects of the Services, such as finding events and personal matches, you must enable geo-location on your mobile device. GREENLYNC uses this location information solely to show you location-based listings and information.
12.2. GREENLYNC may provide you with the ability to share your geographical location with GREENLYNC and other users of the Services when using the Services. You may also accept or reject any requests from users of the Services to obtain your geographical location through the Services. If you share your geographical location with your subscribers, you understand and agree that your geographical location may appear on a map and that subscribers to your GREENLYNC account may be able to determine your exact, physical location. If you utilize the Services to post User Engagement to the GREENLYNC map feature located within the Services, you understand and agree that your geographical location may appear on a map and that all users of the GREENLYNC map feature located within the Services may be able to determine your exact, physical location. GREENLYNC provides you with the opportunity to opt-in and opt-out of sharing your geographical location within the settings of your mobile device and/or web browser, which may provide you with several options for the sharing of your geographical location, such as options to share your geographical location at all times, only when using the iServices, or never. Should you wish to cease the sharing and use of your geographic location by GREENLYNC, you are advised to disable location services within the settings of your mobile device and/or web browser. If you do not share your physical location with the Services, you may not use the GREENLYNC map feature located within the Services.
ARTICLE 13. NOTIFICATIONS
13.1. GREENLYNC may send notifications to your mobile devise to alert you of upcoming events, new cannabis goods, and other information that we think you may want to be made aware of. If you do not wish to receive notifications from GREENLYNC, please update the notification settings on your device.
ARTICLE 14. EXTERNAL LINKS
14.1. GREENLYNC may provide links to other Platform/Websites and/or App that are not maintained or controlled by GREENLYNC (“Linked Sites”). The inclusion of any hyperlinks to Linked Sites does not imply approval or endorsement by GREENLYNC of those Linked Sites, or content, products or services offered on those Linked Sites. GREENLYNC expressly disclaims any responsibility for the content, legal compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall GREENLYNC be held responsible or directly or indirectly liable 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 any Linked Sites.
ARTICLE 15. REVIEW/FEEDBACK POLICY
15.2. For questions about the GREENLYNC Platform/Websites or any of the Services we provide, please feel free to contact our Public Service department at Publicservice@GREENLYNC.com.
ARTICLE 16. DISCLAIMER OF WARRANTIES
16.1. GREENLYNC makes no representations or warranties about the services, the suitability of the information contained on or received through the services, or information or products received through GREENLYNC. All information and use of GREENLYNC is provided “as is” without warranty of any kind, including all express, implied, or statutory warranties of merchantability, fitness for a particular purpose, title and non-infringement. GREENLYNC does not warrant that the contents or any information received through the services are accurate, reliable or correct; that GREENLYNC will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through the services are free of viruses or other destructive or harmful components. Your use of our services is solely at your own risk. You expressly agree that you have relied on no warranties, representations, or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, the exclusions may not apply to you but shall apply to the maximum extent permitted by the laws of your jurisdiction.
16.2. GREENLYNC and its affiliates, officers, directors, managers, shareholders, GREENLYNCs, employees, contractors, consultants, and agents make no guarantee or warranty that:
(a) the Platform/Websites and services will satisfy your needs and requirements or will be compatible with your equipment;
(b) the Platform/Websites and services, and all affiliated Platform/Websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions;
(c) the information, data, or results realized or obtained from your use of the Platform/Websites will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose;
(d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Platform/Websites and services will meet your expectations;
(e) that any offer made or message sent will be successfully transmitted, received, and processed; and
(f) any errors in the guidelines, software, or protocols will be corrected or resolved.
16.3. Any product or program downloaded or otherwise obtained through the use of the Platform/Websites and services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.
16.4. No advice or information, including medical advice, strategy, guidelines, or related content, whether oral or written, obtained by you from GREENLYNC or from the Platform/Websites, services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these terms.
16.5. Vetting by GREENLYNC of each and every document, photograph, video, review, related media, posting, or other communication, in addition to any other content posted via the Platform/Websites or services, may not be possible or realistically practicable. As a result, GREENLYNC cannot and does not control any listing reviews, comments, photographs, opinions, postings, or other content or material posted via the Platform/Websites or services and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Platform/Websites or services.
ARTICLE 17. INDEMNIFICATION; DISCLAIMER;
LIMITATION OF LIABILITY
17.1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE WHERE THE ABOVE LIMITATION IS UNENFORCEABLE, YOU AGREE THAT GREENLYNC TOTAL LIABILITY TO YOU SHALL NOT EXCEED EITHER:
(a) THE TOTAL AMOUNT THAT YOU ACTUALLY PAID TO GREENLYNC DURING THE THREE (3) MONTHS PRECEDING THE ACCRUAL OF THE CAUSE OF ACTION; OR
(b) ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.
17.2. User agrees to indemnify, defend and hold GREENLYNC, its affiliates and each of their respective officers, directors, employees, representatives and agents harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
(a) any actual or alleged breach of User’s representations, warranties and obligations contained in this Agreement; and
(b) the negligence, gross negligence or willful misconduct of User, its representatives, agents, or any individual or entity associated or affiliated with User.
(a) the site;
(b) any mobile or application based versions of the site; or
(c) the services.
User is not entitled to any damages, offsets or reductions in fees as a result of any downtime, interruption, or failure of the site or any services provided by the company.
17.4. You agree that in the event you incur any damages, losses or injuries that arise out of GREENLYNC’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by GREENLYNC, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by GREENLYNC.
ARTICLE 18. DISPUTE RESOLUTION &
THIS ARTICLE 18 GOVERNS HOW DISPUTES BETWEEN THE PARTIES ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.
18.1. Pre-Arbitration Dispute Resolution and Notification. In the event a dispute arises out of or relates to this Agreement, the Parties, in good faith, agree to first attempt to resolve the dispute between them through informal direct discussions prior to the initiation of arbitration. If, after a good faith effort to negotiate, one Party feels the dispute has not and cannot be resolved informally, the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration.
18.2. Agreement to Arbitrate. In the event the Parties cannot resolve a dispute through direct informal discussions, the Parties mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to this Agreement—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Site and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.
18.3. Exceptions to Arbitration Agreement. The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
(a) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
(b) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims under this Section 18.3 shall not be deemed a waiver of either Party’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
18.4. Arbitration Rules and Governing Law. This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules and/or other AAA arbitration rules determined to be applicable by AAA (the “AAA Rules”) then in effect, except as modified here. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the Parties and may be enforced in any court of competent jurisdiction. The Parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. The Parties shall pay their own costs related to the arbitration, provided that in the final award, the arbitrator may apportion the costs and fees of arbitration among the Parties in such amounts as the arbitrator deems appropriate.
18.5. Jury Trial Waiver. Both User and GREENLYNC acknowledge and agree that they are waiving the right to a trial by jury as to all disputes subject to arbitration.
18.6. No Class Actions or Representative Proceedings. Both User and GREENLYNC acknowledge and agree that, to the fullest extent permitted by law, each is waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Disputes may not be arbitrated on a class, collective or representative basis. Unless User and GREENLYNC both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class action or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.6 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any claims subject to arbitration in the Dispute in individual arbitration.
18.7. Severability, No Waiver. Except as provided in Section 18.6, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8. Survival Past Termination. Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of this Agreement.
18.9. Jurisdiction/venue. The parties further agree to the exclusive jurisdiction of the federal or state courts in Los Angeles County, California, as the case may be, for purposes of any pre-arbitral injunctive relief, including any application for a preliminary injunction or order compelling arbitration, and waive any objection to laying venue in any such action or proceeding in such courts, or that such courts are an inconvenient forum or do not have jurisdiction over such party. Neither the parties nor the arbitrators may publicly disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
ARTICLE 19. PRIVACY STATEMENT
ARTICLE 20. CHANGES TO THE TERMS,
ADDITIONAL TERMS, PRIVACY STATEMENT,
DATA POLICY OR COMMUNITY STANDARDS
(a) sending you an e-mail communication to the e-mail address you most recently provided to us,
(b) sending a push notification or in-app notification,
(c) by prominently posting a notice of the changes on the Platform/Websites, or
(d) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Platform/Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
ARTICLE 21. MISCELLANEOUS
21.1. These terms constitute the entire agreement between Users and GREENLYNC regarding use of the Services, although additional terms may apply to licensed cannabis businesses.
21.2. The failure of GREENLYNC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GREENLYNC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
21.3. Should any competent court or arbitrator determine that any provision of these Terms is unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms, and all other provisions remain in full force and effect. If you do not agree to these Terms, please stop using Service immediately.
21.4. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and GREENLYNC.
21.5. You acknowledge and agree that GREENLYNC will have no obligation to provide you with any support or maintenance in connection with the Platform/Websites or Services.
21.6. You agree that your GREENLYNC account is non-transferable and any rights to your Platform/Website user identification or contents within your accounts terminate upon your death.
21.7. The section titles in these Terms are for convenience only and have no legal or contractual effect.