GreenLists Terms and Conditions of Use
Last Updated: March 7, 2023
These Terms of Use ("Terms") are a legally binding contract between you and Block Listing Technologies,
LLC d/b/a GreenLists (collectively "GreenLists" or "we", "us", or "our") regarding your ("you" or "User")
use of the GreenLists network of websites, including the website located at GreenLists.com (including any
versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed
by GreenLists; all apps published by GreenLists; and all other interactive features, services, and
communications provided by GreenLists (collectively, "Sites"), however accessed and/or used, that are
operated by us, made available by us, or produced and maintained by GreenLists. Additional terms and
conditions may apply to your use of specific Services (as defined below). These Terms, together with all
updates, supplements, additional terms, and all of GreenLists’s rules and policies collectively constitute the
entire agreement between you and GreenLists.
Last Updated: March 7, 2023
These Terms of Use ("Terms") are a legally binding contract between you and Block Listing Technologies,
LLC d/b/a GreenLists (collectively "GreenLists" or "we", "us", or "our") regarding your ("you" or "User")
use of the GreenLists network of websites, including the website located at GreenLists.com (including any
versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed
by GreenLists; all apps published by GreenLists; and all other interactive features, services, and
communications provided by GreenLists (collectively, "Sites"), however accessed and/or used, that are
operated by us, made available by us, or produced and maintained by GreenLists. Additional terms and
conditions may apply to your use of specific Services (as defined below). These Terms, together with all
updates, supplements, additional terms, and all of GreenLists’s rules and policies collectively constitute the
entire agreement between you and GreenLists.
In addition to the information or content, including without limitation text, graphics, photographs, images,
moving images, sound, and illustrations made available on the Sites ("Content"), the Sites provide you with
various tools to submit content and participate in managing your advertising activities online and other
services (collectively, the "Services"). The GreenLists Services provide a platform to enable persons who
are duly licensed by state and local government regulatory or licensing authorities (each a "Vendor" or
"Retailer") to engage in business relating to the manufacture, distribution and/or sale of (the “Activities”)
cannabis (marijuana) and/or hemp-derived materials (the “Products”) in the states in which GreenLists
renders its services or maintains a presence, including Colorado (such list as may be amended or
supplemented from time to time, the “GreenLists Service Area”) to create advertisements, to display
products to other entities who operate in the GreenLists Service Area, and are licensed to purchase said
products.
BY USING OUR SITES OR BY CLICKING TO AGREE TO THESE TERMS WHEN THIS
OPTION IS MADE AVAILABLE TO YOU, YOU ARE AGREEING TO THE TERMS AND
PRACTICES IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO
NOT USE THE SITES OR SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT
TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME, AND WE WILL PROVIDE
YOU WITH THE NOTICE OF SUCH CHANGE OR CHANGES VIA REASONABLE METHODS
AND BY POSTING THE CHANGES ON THIS PAGE. NO CHANGES WILL APPLY
RETROACTIVELY AND WILL BECOME EFFECTIVE NO SOONER THAN FOURTEEN DAYS
AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR
A SERVICE OR CHANGES MADE FOR LEGAL REASONS WILL BE EFFECTIVE
IMMEDIATELY.
BY ACCESSING THE SITE AND/OR PARTICIPATING IN THE SERVICES, YOU AGREE
THAT YOU HAVE ALL NECESSARY RIGHTS, LICENSES AND AUTHORITY TO ENTER
INTO THESE TERMS, TO BE LEGALLY BOUND BY THESE TERMS, AND ARE
AUTHORIZED TO BIND THE ENTITY YOU ARE USING THE SITE AND/OR SERVICES ON
BEHALF OF. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED
HEREIN, PLEASE IMMEDIATELY LEAVE THE SITE.
1. Access to the Sites and Services.
The Sites and Services are offered and available to you if you meet the following requirements. By
accessing the Site or Service, you represent and warrant that:
• You are a United States resident 21 years of age or older;
GreenLists makes no promise, however, that the Sites or Services available on the Sites are appropriate
or available for use outside of the GreenLists Service Area including in territories where its contents
are illegal or prohibited. If you choose to access the Sites from locations outside of the GreenLists
Service Area, you do so at your own risk. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements) in regard to Services
that you subscribe to on these Sites. We are not responsible for non-compliance with any applicable
law or any resulting civil and criminal penalties.
2. Compliance with Cannabis Law. Vendors and Retailers will comply with all applicable laws and
regulations in relation to the Activities and the Products, as such may be amended from time to
time, of the jurisdictions in which they operate.
• You or your business is a Vendor and/or Retailer licensed by state and local government regulatory
or licensing authorities in the GreenLists Service Area relating to the Activities and the Products;
• You or your business have obtained any and all additional authorizations, approvals, consents,
licenses or permits required by respective local government regulatory or licensing authorities in
the GreenLists Service Area relating to the Activities and the Products; and
• You are located within the GreenLists Service Area or otherwise located in a jurisdiction where
your access to our Sites is not prohibited.
• You or your business maintain an active account in good standing with a third-party RFID seed-to-
sale tracking system (i.e. METRC, BioTrackTHC).
or licensing authorities in the GreenLists Service Area relating to the Activities and the Products;
• You or your business have obtained any and all additional authorizations, approvals, consents,
licenses or permits required by respective local government regulatory or licensing authorities in
the GreenLists Service Area relating to the Activities and the Products; and
• You are located within the GreenLists Service Area or otherwise located in a jurisdiction where
your access to our Sites is not prohibited.
• You or your business maintain an active account in good standing with a third-party RFID seed-to-
sale tracking system (i.e. METRC, BioTrackTHC).
GreenLists makes no promise, however, that the Sites or Services available on the Sites are appropriate
or available for use outside of the GreenLists Service Area including in territories where its contents
are illegal or prohibited. If you choose to access the Sites from locations outside of the GreenLists
Service Area, you do so at your own risk. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements) in regard to Services
that you subscribe to on these Sites. We are not responsible for non-compliance with any applicable
law or any resulting civil and criminal penalties.
2. Compliance with Cannabis Law. Vendors and Retailers will comply with all applicable laws and
regulations in relation to the Activities and the Products, as such may be amended from time to
time, of the jurisdictions in which they operate.
GREENLISTS PROVIDES DIGITAL ADVERTISING SERVICES TO VENDORS AND RETAILERS
ENGAGED IN THE ACTIVITIES IN RELATION TO THE PRODUCTS WITHIN THE GREENLISTS
SERVICE AREA. GREENLISTS DOES NOT ITSELF POSSESS A LICENSE FROM ANY
STATE TO ENGAGE IN THE ACTIVITIES RELATING TO THE PRODUCTS. WHILE
GREENLISTS MAY FACILITATE CONNECTIONS BETWEEN BUYER AND SELLER,
OR DELIVERY OF PRODUCTS, GREENLISTS DOES NOT ITSELF TRANSACT SALES
OF ANY SUCH PRODUCTS, AND GREENLISTS IS NOT A RETAILER, SUPPLIER,
RESELLER, DISTRIBUTOR, AGENT, REPRESENTATIVE OR SUBCONTRACTOR OF
ANY VENDOR OR RETAILER. GREENLISTS OFFERS ADVERTISING,
INFORMATION, AND ONLINE LEAD GENERATION TOOLS; IT IS UP TO
INDEPENDENT VENDORS AND/OR RETAILERS TO OFFER PRODUCT LISTINGS
AND ADVERTISEMENTS, WHICH MAY BE ARRANGED BY YOU THROUGH THE
USE OF THE SERVICES. ANY DECISION BY YOU OR ANOTHER GREENLISTS USER
TO CONDUCT BUSINESS WITH A VENDOR OR RETAILER IS A DECISION MADE
BY YOU IN YOUR SOLE DISCRETION OR ANOTHER USER'S SOLE DISCRETION.
GREENLISTS’S SITES OFFER INFORMATION AND THE ABILITY TO CONNECT
VENDORS AND RETAILERS WITH EACH OTHER, BUT GREENLISTS DOES NOT
INTEND TO PROVIDE SUPPLIER, RETAILER, OR DISTRIBUTION SERVICES OR
ACT IN ANY MANNER AS A VENDOR OR RETAILER. FURTHERMORE,
GREENLISTS ALSO DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY
SALE OF PRODUCTS VOLUNTARILY PROVIDED TO YOU BY SUCH VENDORS.
GREENLISTS FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR
LIABILITY FOR TRANSACTIONS WHICH OCCUR BETWEEN ENTITIES WHICH
ARE OR ARE NOT LICENSED BY THE GREENLISTS SERVICE AREA TO BUY OR
SELL ANY OF THE PRODUCTS IN THE MANNER CONTEMPLATED HEREIN. THE
POSSESSION, DISTRIBUTION, PRODUCTION, OF THE PRODUCTS OR RELATED
PRODUCTS OR CONSPIRING OR ASSISTING SOMEONE TO DO THE SAME IS
ILLEGAL UNDER FEDERAL LAW AND THE LAWS OF MANY STATES.
SERVICE AREA. GREENLISTS DOES NOT ITSELF POSSESS A LICENSE FROM ANY
STATE TO ENGAGE IN THE ACTIVITIES RELATING TO THE PRODUCTS. WHILE
GREENLISTS MAY FACILITATE CONNECTIONS BETWEEN BUYER AND SELLER,
OR DELIVERY OF PRODUCTS, GREENLISTS DOES NOT ITSELF TRANSACT SALES
OF ANY SUCH PRODUCTS, AND GREENLISTS IS NOT A RETAILER, SUPPLIER,
RESELLER, DISTRIBUTOR, AGENT, REPRESENTATIVE OR SUBCONTRACTOR OF
ANY VENDOR OR RETAILER. GREENLISTS OFFERS ADVERTISING,
INFORMATION, AND ONLINE LEAD GENERATION TOOLS; IT IS UP TO
INDEPENDENT VENDORS AND/OR RETAILERS TO OFFER PRODUCT LISTINGS
AND ADVERTISEMENTS, WHICH MAY BE ARRANGED BY YOU THROUGH THE
USE OF THE SERVICES. ANY DECISION BY YOU OR ANOTHER GREENLISTS USER
TO CONDUCT BUSINESS WITH A VENDOR OR RETAILER IS A DECISION MADE
BY YOU IN YOUR SOLE DISCRETION OR ANOTHER USER'S SOLE DISCRETION.
GREENLISTS’S SITES OFFER INFORMATION AND THE ABILITY TO CONNECT
VENDORS AND RETAILERS WITH EACH OTHER, BUT GREENLISTS DOES NOT
INTEND TO PROVIDE SUPPLIER, RETAILER, OR DISTRIBUTION SERVICES OR
ACT IN ANY MANNER AS A VENDOR OR RETAILER. FURTHERMORE,
GREENLISTS ALSO DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY
SALE OF PRODUCTS VOLUNTARILY PROVIDED TO YOU BY SUCH VENDORS.
GREENLISTS FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR
LIABILITY FOR TRANSACTIONS WHICH OCCUR BETWEEN ENTITIES WHICH
ARE OR ARE NOT LICENSED BY THE GREENLISTS SERVICE AREA TO BUY OR
SELL ANY OF THE PRODUCTS IN THE MANNER CONTEMPLATED HEREIN. THE
POSSESSION, DISTRIBUTION, PRODUCTION, OF THE PRODUCTS OR RELATED
PRODUCTS OR CONSPIRING OR ASSISTING SOMEONE TO DO THE SAME IS
ILLEGAL UNDER FEDERAL LAW AND THE LAWS OF MANY STATES.
3. Authorization to use our Services. Upon your creation of a GreenLists account ("Account"), Users
shall provide GreenLists with any requested license and permit information with respect to
applicable state and local laws within the GreenLists Service Area, including but not limited to,
License Number, License Type, Issue Date, Expiration Date, and seed-to-sale User API Key. Users
shall immediately notify GreenLists of any change in the status of their legal authorization or
licensing, including the expiration, suspension, cancellation, revocation, nonexistence or
invalidation of any license to which the User or an affiliate thereof is or should be subject under
the applicable laws of the GreenLists Service Area, including any state or local laws and/or
regulations or administrative guidance issued thereunder (the “Laws”). All users shall immediately
notify GreenLists of any warnings, orders, penalties and sanctions received from any state or local
government regulatory or licensing authority in the United States related to non-compliance with
any of the Laws, and any disciplinary actions, inspections, suspensions or cancellations of any
related authorization, approval, consent, license or permit held by Users or affiliates. Users are
solely responsible for authorizing and granting access to its employees and agents who will have
access to the Site and use the Services on its behalf and be able to act for and bind the User. Users
shall be responsible for the acts and decisions made by their employees when they use the Services
or access our Sites. GreenLists will rely on the acts, consents and agreements of each User when
they utilize the Services. Each User agrees to immediately notify GreenLists of any employee or
agent whose access or authorization to act on behalf of such User is suspended or revoked.
4. THE PRODUCTION, SALE, POSSESSION AND USE OF MARIJUANA IS ILLEGAL IN THE
UNITED STATES UNDER THE CONTROLLED SUBSTANCES ACT (“CSA”). MARIJUANA
IS CURRENTLY CLASSIFIED AS A SCHEDULE I CONTROLLED SUBSTANCE UNDER
THE CSA. THE U.S. SUPREME COURT HAS CONFIRMED THAT THE U.S. FEDERAL
GOVERNMENT HAS THE RIGHT TO REGULATE AND CRIMINALIZE MARIJUANA,
INCLUDING FOR MEDICAL PURPOSES, AND THAT U.S. FEDERAL LAW
CRIMINALIZING THE USE OF MARIJUANA PREEMPTS STATE LAWS THAT LEGALIZE
ITS USE. WHILE THE PURCHASE AND SALE OF MARIJUANA AND/OR HEMP IS
CURRENTLY LEGAL UNDER LAWS OF THE STATES IN GREENLISTS SERVICE AREAS,
THEY ARE SUBJECT TO CHANGE AND THE SALE AND POSSESSION OF MEDICAL
AND RECREATIONAL MARIJUANA MAY REMAIN ILLEGAL UNDER U.S. FEDERAL
LAW. YOU CONTINUE TO BE AT RISK OF BEING PROSECUTED BY U.S. FEDERAL
AUTHORITIES. FURTHER, THE LANDSCAPE IN THE CANNABIS INDUSTRY CHANGES
RAPIDLY. WHAT PREVIOUSLY WAS THE LAW MAY NOT BE THE LAW TODAY OR IN
THE FUTURE. THIS MEANS THAT AT ANY TIME THE U.S. FEDERAL LAW, OR THE
APPLICABLE LAWS OF THE GREENLISTS SERVICE AREA, CAN CHANGE OR THAT
THE U.S. FEDERAL GOVERNMENT CAN SUPERSEDE THESE LAWS AND/OR TAKE
PROSECUTORIAL ACTION. BY USING THE SITE OR SERVICE, YOU AGREE TO THE
FOREGOING AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE CSA
AND ALL APPLICABLE FEDERAL AND STATE LAWS. GREENLISTS IS NOT
RESPONSIBLE FOR ANY CIVIL OR CRIMINAL CHARGES AGAINST YOU ARISING
FROM YOUR NONCOMPLIANCE.
5. GREENLISTS DOES NOT ALLOW TRANSACTIONS RELATED TO THE PRODUCTS TO
BE CONDUCTED ON THE SITE. YOU ASSUME ALL CRIMINAL AND CIVIL RISK
RELATED TO ANY PROPOSED TRANSACTION ADVERTISED ON THE SITE. YOU ARE
RESPONSIBLE FOR ENSURING THE LEGALITY OF ANY TRANSACTIONS WITH USERS
THAT YOU COMMUNICATE WITH ON THE SITE.
6. Fees and Payments for Advertising and Tool Based Services. GreenLists offers a range of fees and
plans for GreenList Services. Each plan includes an outline of the Services offered. You will select
applicable state and local laws within the GreenLists Service Area, including but not limited to,
License Number, License Type, Issue Date, Expiration Date, and seed-to-sale User API Key. Users
shall immediately notify GreenLists of any change in the status of their legal authorization or
licensing, including the expiration, suspension, cancellation, revocation, nonexistence or
invalidation of any license to which the User or an affiliate thereof is or should be subject under
the applicable laws of the GreenLists Service Area, including any state or local laws and/or
regulations or administrative guidance issued thereunder (the “Laws”). All users shall immediately
notify GreenLists of any warnings, orders, penalties and sanctions received from any state or local
government regulatory or licensing authority in the United States related to non-compliance with
any of the Laws, and any disciplinary actions, inspections, suspensions or cancellations of any
related authorization, approval, consent, license or permit held by Users or affiliates. Users are
solely responsible for authorizing and granting access to its employees and agents who will have
access to the Site and use the Services on its behalf and be able to act for and bind the User. Users
shall be responsible for the acts and decisions made by their employees when they use the Services
or access our Sites. GreenLists will rely on the acts, consents and agreements of each User when
they utilize the Services. Each User agrees to immediately notify GreenLists of any employee or
agent whose access or authorization to act on behalf of such User is suspended or revoked.
4. THE PRODUCTION, SALE, POSSESSION AND USE OF MARIJUANA IS ILLEGAL IN THE
UNITED STATES UNDER THE CONTROLLED SUBSTANCES ACT (“CSA”). MARIJUANA
IS CURRENTLY CLASSIFIED AS A SCHEDULE I CONTROLLED SUBSTANCE UNDER
THE CSA. THE U.S. SUPREME COURT HAS CONFIRMED THAT THE U.S. FEDERAL
GOVERNMENT HAS THE RIGHT TO REGULATE AND CRIMINALIZE MARIJUANA,
INCLUDING FOR MEDICAL PURPOSES, AND THAT U.S. FEDERAL LAW
CRIMINALIZING THE USE OF MARIJUANA PREEMPTS STATE LAWS THAT LEGALIZE
ITS USE. WHILE THE PURCHASE AND SALE OF MARIJUANA AND/OR HEMP IS
CURRENTLY LEGAL UNDER LAWS OF THE STATES IN GREENLISTS SERVICE AREAS,
THEY ARE SUBJECT TO CHANGE AND THE SALE AND POSSESSION OF MEDICAL
AND RECREATIONAL MARIJUANA MAY REMAIN ILLEGAL UNDER U.S. FEDERAL
LAW. YOU CONTINUE TO BE AT RISK OF BEING PROSECUTED BY U.S. FEDERAL
AUTHORITIES. FURTHER, THE LANDSCAPE IN THE CANNABIS INDUSTRY CHANGES
RAPIDLY. WHAT PREVIOUSLY WAS THE LAW MAY NOT BE THE LAW TODAY OR IN
THE FUTURE. THIS MEANS THAT AT ANY TIME THE U.S. FEDERAL LAW, OR THE
APPLICABLE LAWS OF THE GREENLISTS SERVICE AREA, CAN CHANGE OR THAT
THE U.S. FEDERAL GOVERNMENT CAN SUPERSEDE THESE LAWS AND/OR TAKE
PROSECUTORIAL ACTION. BY USING THE SITE OR SERVICE, YOU AGREE TO THE
FOREGOING AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE CSA
AND ALL APPLICABLE FEDERAL AND STATE LAWS. GREENLISTS IS NOT
RESPONSIBLE FOR ANY CIVIL OR CRIMINAL CHARGES AGAINST YOU ARISING
FROM YOUR NONCOMPLIANCE.
5. GREENLISTS DOES NOT ALLOW TRANSACTIONS RELATED TO THE PRODUCTS TO
BE CONDUCTED ON THE SITE. YOU ASSUME ALL CRIMINAL AND CIVIL RISK
RELATED TO ANY PROPOSED TRANSACTION ADVERTISED ON THE SITE. YOU ARE
RESPONSIBLE FOR ENSURING THE LEGALITY OF ANY TRANSACTIONS WITH USERS
THAT YOU COMMUNICATE WITH ON THE SITE.
6. Fees and Payments for Advertising and Tool Based Services. GreenLists offers a range of fees and
plans for GreenList Services. Each plan includes an outline of the Services offered. You will select
your plan as part of your registration for the Services, which may begin with a free trial. Each
billing period for a plan will be based on the services used and the preferred billing cycle. If no
billing cycle is preferred, the default billing cycle is monthly and the cycle starts the first of every
month. As an express condition of your use of and access to the Services, you agree to pay all fees
applicable to your plan. If you participate in a free trial period, you must cancel your Account by
the end of the free trial period to avoid incurring charges. If you do not cancel the Account, you
authorize GreenLists to charge you for the cost of the plan selected. You can cancel your plan at
any time. You will receive an upcoming renewal reminder email three days before your plan renews
each month. If you choose to change your order or cancel your plan, you can do so from your
account page or by emailing us at support@GreenLists.com. Your plan will continue until you
cancel.
7. Returns and Refunds. When using the GreenLists Payment Processing Service, you understand and
agree that it may take more than 60 days for GreenLists to receive notice of a return or reversal of
a transaction and for GreenLists to exercise any of our rights granted or reserved under these
Payment Terms, the Terms, or the Network Rules. You agree to maintain a sufficient Balance in
your linked Credit Card or Enrolled Bank Account to satisfy all obligations to GreenLists in
connection with your use of the Payment Processing Service, including returns, reversals, and
associated fees, including without limitation listing and logistics fees, and to add funds immediately
if GreenLists notifies you that your funds in your linked Enrolled Account are insufficient.
GreenLists reserves the right to recover all outstanding amounts due to GreenLists in accordance
with the following Recovery Authorizations provisions:
(a) In addition, by using the GreenList Payment Service, you authorize us to recover funds from
you in accordance with these Payment Terms, the Terms and any other agreement you have with
us (“Recovery Authorizations”). Recovery Authorizations include your authorization of GreenLists
to debit, charge, setoff against and otherwise recover funds from any connected Credit Card or
Enrolled Bank Account, any Balance, any Reserve (as defined in these Payment Terms), any
payment instrument, linked bank, depository and other account registered in your Enrolled
Accounts.
(b) Further, in the event that any attempt to recover funds from you should fail, Recovery
Authorizations include your grant to GreenLists of new, original authorizations to recover all or
less than all of the amount you owe us and/or belong to us. Recovery Authorizations include all
authorizations to take the above steps without prior notice to you and irrespective of (i) whether we
have made demand under these Payment Terms, the General Terms or any other agreement you
have with us; and (ii) whether the obligation is contingent, matured or unmatured. Recovery
Authorizations include all authorizations to take the above steps in complete compliance with the
Network Rules (as defined in these Payment Terms) and the NACHA Rules. You agree that your
grant of Recovery Authorizations to us has the same legal effect as if you had signed a paper
containing the same terms.
8. Site Access License and Restrictions. GreenLists grants you a limited, revocable, non-exclusive,
non-transferable license to access and use the Sites or their Content solely for their intended
purpose. You are not allowed to modify all or any portion of the Sites and their Content. This
license does not include any right to authorize third party use of the Sites or their contents; any
collection and use of any Content, descriptions, any derivative use of the Sites or their contents; or
any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any
portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any
commercial purpose without GreenLists’s express written consent. You will not frame or utilize
framing techniques to enclose any trademark, logo or other proprietary information (including
billing cycle is preferred, the default billing cycle is monthly and the cycle starts the first of every
month. As an express condition of your use of and access to the Services, you agree to pay all fees
applicable to your plan. If you participate in a free trial period, you must cancel your Account by
the end of the free trial period to avoid incurring charges. If you do not cancel the Account, you
authorize GreenLists to charge you for the cost of the plan selected. You can cancel your plan at
any time. You will receive an upcoming renewal reminder email three days before your plan renews
each month. If you choose to change your order or cancel your plan, you can do so from your
account page or by emailing us at support@GreenLists.com. Your plan will continue until you
cancel.
7. Returns and Refunds. When using the GreenLists Payment Processing Service, you understand and
agree that it may take more than 60 days for GreenLists to receive notice of a return or reversal of
a transaction and for GreenLists to exercise any of our rights granted or reserved under these
Payment Terms, the Terms, or the Network Rules. You agree to maintain a sufficient Balance in
your linked Credit Card or Enrolled Bank Account to satisfy all obligations to GreenLists in
connection with your use of the Payment Processing Service, including returns, reversals, and
associated fees, including without limitation listing and logistics fees, and to add funds immediately
if GreenLists notifies you that your funds in your linked Enrolled Account are insufficient.
GreenLists reserves the right to recover all outstanding amounts due to GreenLists in accordance
with the following Recovery Authorizations provisions:
(a) In addition, by using the GreenList Payment Service, you authorize us to recover funds from
you in accordance with these Payment Terms, the Terms and any other agreement you have with
us (“Recovery Authorizations”). Recovery Authorizations include your authorization of GreenLists
to debit, charge, setoff against and otherwise recover funds from any connected Credit Card or
Enrolled Bank Account, any Balance, any Reserve (as defined in these Payment Terms), any
payment instrument, linked bank, depository and other account registered in your Enrolled
Accounts.
(b) Further, in the event that any attempt to recover funds from you should fail, Recovery
Authorizations include your grant to GreenLists of new, original authorizations to recover all or
less than all of the amount you owe us and/or belong to us. Recovery Authorizations include all
authorizations to take the above steps without prior notice to you and irrespective of (i) whether we
have made demand under these Payment Terms, the General Terms or any other agreement you
have with us; and (ii) whether the obligation is contingent, matured or unmatured. Recovery
Authorizations include all authorizations to take the above steps in complete compliance with the
Network Rules (as defined in these Payment Terms) and the NACHA Rules. You agree that your
grant of Recovery Authorizations to us has the same legal effect as if you had signed a paper
containing the same terms.
8. Site Access License and Restrictions. GreenLists grants you a limited, revocable, non-exclusive,
non-transferable license to access and use the Sites or their Content solely for their intended
purpose. You are not allowed to modify all or any portion of the Sites and their Content. This
license does not include any right to authorize third party use of the Sites or their contents; any
collection and use of any Content, descriptions, any derivative use of the Sites or their contents; or
any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any
portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any
commercial purpose without GreenLists’s express written consent. You will not frame or utilize
framing techniques to enclose any trademark, logo or other proprietary information (including
images, text, page layout or form) of GreenLists, its content providers or its affiliates without
express written consent. You will not use any meta tags or any other "hidden text" utilizing our
name or trademarks without our express written consent. Additionally, you agree that you will not:
(i) take any action that imposes or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures
we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates
the permissions and/or licenses granted by us to you.
9. Fees. During the term of this Agreement, you will pay GreenLists the listing, logistics, advertising,
or related fees, if any, specified on the Site, in your Account, or in your Registration Form (the
"Forms"), and any other fees for the Sites or Services (the "Fees") by GreenLists. GreenLists may
modify the Fees at any time with or without notice to you. You will pay GreenLists the Fees in
U.S. funds at the moment of service or other mutually agreed process depending on the Services
you use. If you fail to pay the Fees within 7 days of the due date, your credit card is rejected, or
GreenLists otherwise does not receive payment, GreenLists may impose a late fee, suspend the
Service, or both, in its discretion. When you provide bank card information, account numbers or
other information necessary to facilitate payment to us or our vendors, you represent to us that you
are the authorized user of the bank card or bank account(s) that is used to pay for the products and
services. In the event legal action is necessary to collect on balances due, you agree to reimburse
GreenLists and its vendors or agents for all expenses incurred to recover sums due, including
attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of
charges for, all Internet access services, and telecommunications services needed for use of the
Sites. The Forms are incorporated herein by reference, and the Forms shall be construed in
accordance with and shall be governed by the Agreement including these Terms and Conditions.
GreenLists may also earn Fees or derive revenue via affiliates or third-party services offered from
or through your use of the Sites.
10. Privacy. Data collection and use, including data collection and use of Personal Information and
Business Data (as defined by GreenLists’s Privacy Policy) is governed by GreenLists’s Privacy
Policy which is incorporated into and is a part of this Agreement. You are encouraged to read
GreenLists’s Privacy Policy as its terms are important to use and your use of the Services.
11. Electronic Communications. When you visit or use the Sites or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail, telephone, SMS text message, or by
posting notices on the Sites. You agree that all agreements, notices, disclosures, and other
communications we provide to you electronically satisfy any legal requirement that such
communications be in writing. We reserve the right to send you marketing and promotional emails.
You may opt out of receiving marketing and promotional emails from the Sites by following the
instructions enclosed within those emails. If you opt out, we may still send you non-promotional
emails, such as emails about your account with GreenLists or our ongoing business relations. You
may also send requests about contact preferences or changes to personal information, including
requests to opt out of sharing personal information with third parties, to our contact information
below, and as set forth in GreenLists’s Privacy Policy.
12. Copyright and Ownership. In accessing the Sites and Services, you may post your own Content on
our Sites including photos and other information about your products and services, (your "User
Submissions"). All of the Content (other than User Submissions) featured or displayed on the Sites
or as part of the Services is owned by GreenLists, its licensors, vendors, agents and/or its Content
providers. All elements of the Sites, including without limitation the general design and the
name or trademarks without our express written consent. Additionally, you agree that you will not:
(i) take any action that imposes or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures
we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates
the permissions and/or licenses granted by us to you.
9. Fees. During the term of this Agreement, you will pay GreenLists the listing, logistics, advertising,
or related fees, if any, specified on the Site, in your Account, or in your Registration Form (the
"Forms"), and any other fees for the Sites or Services (the "Fees") by GreenLists. GreenLists may
modify the Fees at any time with or without notice to you. You will pay GreenLists the Fees in
U.S. funds at the moment of service or other mutually agreed process depending on the Services
you use. If you fail to pay the Fees within 7 days of the due date, your credit card is rejected, or
GreenLists otherwise does not receive payment, GreenLists may impose a late fee, suspend the
Service, or both, in its discretion. When you provide bank card information, account numbers or
other information necessary to facilitate payment to us or our vendors, you represent to us that you
are the authorized user of the bank card or bank account(s) that is used to pay for the products and
services. In the event legal action is necessary to collect on balances due, you agree to reimburse
GreenLists and its vendors or agents for all expenses incurred to recover sums due, including
attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of
charges for, all Internet access services, and telecommunications services needed for use of the
Sites. The Forms are incorporated herein by reference, and the Forms shall be construed in
accordance with and shall be governed by the Agreement including these Terms and Conditions.
GreenLists may also earn Fees or derive revenue via affiliates or third-party services offered from
or through your use of the Sites.
10. Privacy. Data collection and use, including data collection and use of Personal Information and
Business Data (as defined by GreenLists’s Privacy Policy) is governed by GreenLists’s Privacy
Policy which is incorporated into and is a part of this Agreement. You are encouraged to read
GreenLists’s Privacy Policy as its terms are important to use and your use of the Services.
11. Electronic Communications. When you visit or use the Sites or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail, telephone, SMS text message, or by
posting notices on the Sites. You agree that all agreements, notices, disclosures, and other
communications we provide to you electronically satisfy any legal requirement that such
communications be in writing. We reserve the right to send you marketing and promotional emails.
You may opt out of receiving marketing and promotional emails from the Sites by following the
instructions enclosed within those emails. If you opt out, we may still send you non-promotional
emails, such as emails about your account with GreenLists or our ongoing business relations. You
may also send requests about contact preferences or changes to personal information, including
requests to opt out of sharing personal information with third parties, to our contact information
below, and as set forth in GreenLists’s Privacy Policy.
12. Copyright and Ownership. In accessing the Sites and Services, you may post your own Content on
our Sites including photos and other information about your products and services, (your "User
Submissions"). All of the Content (other than User Submissions) featured or displayed on the Sites
or as part of the Services is owned by GreenLists, its licensors, vendors, agents and/or its Content
providers. All elements of the Sites, including without limitation the general design and the
Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to
intellectual property rights. The Sites and the Services may only be used for the intended purpose
for which such Sites and Services are being made available. Except as may be otherwise indicated
in specific documents within the Sites or as permitted by copyright law, you are authorized to view
and play copyrighted documents, audio and video found on our Sites solely for the purposes
intended by GreenLists. In no event will you be permitted to download or store any copyrighted
documents, audio or video locally. Notwithstanding the foregoing, you will be permitted to print
and save reports, agreements, and other documents made available to you from the Services from
GreenLists. Except with respect to Content submitted by you or as permitted by copyright law, you
may not modify any of the materials on the Sites and you may not copy, distribute, transmit, display,
reproduce, publish, license, create derivative works from, transfer or sell any information or work
contained on the Sites. Except as authorized under the copyright laws, you are responsible for
obtaining permission before reusing any copyrighted material that is available on the Site. You
shall comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Sites and Services. The Sites, Services, Content, and all
related rights shall remain the exclusive property of GreenLists or its licensors unless otherwise
expressly agreed. You will not remove any copyright, trademark or other proprietary notices from
material found on these Sites.
13. License. When you post a User Submission, you grant us a non-exclusive, royalty-free, fully paid-
up, worldwide, right to use, reproduce, modify, publish, translate, distribute, perform and display
such Content as contained in your User Submission, in whole or in part, and in any form throughout
the world in any media or technology through the Sites, to promote and market the Sites and/or the
User Submission on any platform or channel, and to make available the Content to other users of
the Sites and Services, in perpetuity throughout the universe. You may also provide data about your
company’s inventory and/or transaction information and product information, including but not
limited to your business’s login to any required state or other government traceability system
(“Business Data”), and in so doing you expressly grant us and our affiliates and service providers,
and each of their and our respective licensees, successors, and assigns a non-exclusive, irrevocable,
royalty-free, worldwide, sublicensable, transferrable license to use, reproduce, modify, perform,
display, distribute, and otherwise disclose to third parties any such material. You represent and
warrant that you own or control all rights in and to the Business Data and have the right to grant
the license granted above to us and our affiliates and service providers, and each of their and our
respective licensees, successors, and assigns.
14. Trademarks/No Endorsement. All trademarks, service marks and trade names of GreenLists or its
licensors used herein (including but not limited to: GreenLists name, GreenLists corporate logo,
the Sites name, the Sites design, and any logos) (collectively "Marks") are trademarks or registered
trademarks of GreenLists or its affiliates, partners, vendors, or licensors. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify GreenLists’s trademarks in any
way, including in advertising or publicity pertaining to distribution of materials on the Sites,
without GreenLists’s prior written consent. The use of Marks on any other web site or network
computer environment is not allowed. You shall not use GreenLists’s name or any language,
pictures or symbols which could, in GreenLists’s judgment, imply GreenLists’s endorsement in
any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written
material of whatever nature, without prior written consent.
15. All of your User Submissions do and will comply with these Terms. You understand and
acknowledge that you are responsible for any User Submissions you submit or contribute, and you,
not the Company, have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third party for the content or
for which such Sites and Services are being made available. Except as may be otherwise indicated
in specific documents within the Sites or as permitted by copyright law, you are authorized to view
and play copyrighted documents, audio and video found on our Sites solely for the purposes
intended by GreenLists. In no event will you be permitted to download or store any copyrighted
documents, audio or video locally. Notwithstanding the foregoing, you will be permitted to print
and save reports, agreements, and other documents made available to you from the Services from
GreenLists. Except with respect to Content submitted by you or as permitted by copyright law, you
may not modify any of the materials on the Sites and you may not copy, distribute, transmit, display,
reproduce, publish, license, create derivative works from, transfer or sell any information or work
contained on the Sites. Except as authorized under the copyright laws, you are responsible for
obtaining permission before reusing any copyrighted material that is available on the Site. You
shall comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of the Sites and Services. The Sites, Services, Content, and all
related rights shall remain the exclusive property of GreenLists or its licensors unless otherwise
expressly agreed. You will not remove any copyright, trademark or other proprietary notices from
material found on these Sites.
13. License. When you post a User Submission, you grant us a non-exclusive, royalty-free, fully paid-
up, worldwide, right to use, reproduce, modify, publish, translate, distribute, perform and display
such Content as contained in your User Submission, in whole or in part, and in any form throughout
the world in any media or technology through the Sites, to promote and market the Sites and/or the
User Submission on any platform or channel, and to make available the Content to other users of
the Sites and Services, in perpetuity throughout the universe. You may also provide data about your
company’s inventory and/or transaction information and product information, including but not
limited to your business’s login to any required state or other government traceability system
(“Business Data”), and in so doing you expressly grant us and our affiliates and service providers,
and each of their and our respective licensees, successors, and assigns a non-exclusive, irrevocable,
royalty-free, worldwide, sublicensable, transferrable license to use, reproduce, modify, perform,
display, distribute, and otherwise disclose to third parties any such material. You represent and
warrant that you own or control all rights in and to the Business Data and have the right to grant
the license granted above to us and our affiliates and service providers, and each of their and our
respective licensees, successors, and assigns.
14. Trademarks/No Endorsement. All trademarks, service marks and trade names of GreenLists or its
licensors used herein (including but not limited to: GreenLists name, GreenLists corporate logo,
the Sites name, the Sites design, and any logos) (collectively "Marks") are trademarks or registered
trademarks of GreenLists or its affiliates, partners, vendors, or licensors. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify GreenLists’s trademarks in any
way, including in advertising or publicity pertaining to distribution of materials on the Sites,
without GreenLists’s prior written consent. The use of Marks on any other web site or network
computer environment is not allowed. You shall not use GreenLists’s name or any language,
pictures or symbols which could, in GreenLists’s judgment, imply GreenLists’s endorsement in
any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written
material of whatever nature, without prior written consent.
15. All of your User Submissions do and will comply with these Terms. You understand and
acknowledge that you are responsible for any User Submissions you submit or contribute, and you,
not the Company, have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third party for the content or
accuracy of any User Submissions posted by you or any other user of the Website.
16. Reservation of Rights. GreenLists reserves all rights not expressly granted to you in these Terms.
Except for the limited rights and licenses expressly granted under these Terms, nothing in these
Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any
intellectual property rights or other right, title, or interest in or to GreenLists’s intellectual property.
17. Transactional Partners. GreenLists provides information about other companies' services and
products within our Sites. If you engage with the other party, you are transacting directly with the
other party. On those pages of our Sites, the transactional partner’s brand and name is clearly visible
and their terms and conditions relating to their business.
18. User Conduct.
You are prohibited from using the Sites or the Services to post or send any unlawful,
infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any
material that infringes or misappropriates third party intellectual property or could constitute or
encourage conduct that would be considered a criminal offense or give rise to civil liability, or
otherwise violate any law. You further understand and agree that sending unsolicited
advertisements or "spam" to any user of the Sites is expressly prohibited by these Terms. In addition
to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that
you have violated or are likely to violate the foregoing prohibitions, any applicable rules or policies
linked to in these Terms, or any law or regulation, we may take any action we deem necessary to
cure or prevent the violation, including without limitation, banning you from participating in our
Sites and Services, the immediate removal of the related materials, Content, or User Submission
from the Sites and Services at any time without notice. We will fully cooperate with any law
enforcement authorities or court order or subpoena requesting or directing us to disclose the identity
of anyone posting such materials.
You will not, and shall not authorize any third party to: (a) access or use the Site or Service
except as permitted by these Terms (b) attempt to circumvent any communication functionality on
the Site or Service, including without limitation controls designed to prevent off-service
communication; (c) use the Site or Service to develop or market any product, software or service
that is functionally similar to or derivative of the Service, or for any other purpose not expressly
permitted herein (d) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise
attempt to derive or gain access to any software (including source code) associated with the Site or
Service; (e) use any unauthorized robot, spider, scraper or other automated means to access the Site
or Service or engage in any scraping, data-mining, harvesting, data aggregating or indexing of the
Site or Service; (f) use the Site or Service to store or transmit any virus, worm, trap door, time
bomb, trojan horse or other harmful or malicious code, file, script, agent or program designed to
permit unauthorized access to, erase, or otherwise harm a party’s software, hardware, systems or
data; (g) use the Site or Service in any way in violation of law, any third party’s agreements, or in
any way that misappropriates or violates any party’s intellectual property rights, proprietary rights,
rights of publicity, rights of privacy or any other legal rights protecting data, information or
intangible property throughout the world, including, without limitation, any copyrights,
trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases
or contract rights; or (h) upload or transmit to the Site or Service software viruses or any other
computer code, files or programs designed to interrupt, destroy, limit the functionality of any
computer software or hardware or telecommunications equipment in the Site or Service.
You may not submit User Submissions that result from any activity that: (i) may create a
risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or
physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any
other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree
that you have not and will not engage in any of the foregoing activities in connection with producing
your submission. Without limiting the foregoing, you agree that in conjunction with your
submission, you will not inflict emotional distress on other people, will not humiliate other people
(publicly or otherwise), will not assault or threaten other people, will not enter onto private property
without permission, will not impersonate any other person or misrepresent your affiliation, title, or
authority, and will not otherwise engage in any activity that may result in injury, death, property
damage, and/or liability of any kind.
In connection with User Submissions, you further affirm, represent and warrant the
following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade
secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in
Section 13; (ii) if necessary you have the written consent of each and every identifiable natural
person in the User Submission to use such persons name or likeness in the manner contemplated
by the Website and these Terms, and each such person has released you from any liability that may
arise in relation to such use; (iii) you are not, and have not been an agent of GreenLists and were
not and are not acting on behalf of, or as a representative of, GreenLists or any other party in
connection with the User Submission; (iv) the User Submission and GreenLists’s use thereof as
contemplated by these Terms and GreenLists’s Sites will not infringe any rights of any third party,
including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity;
and (v) you are solely responsible for ensuring that all Products marketed for sale on the Site shall
be property insured beginning with the time the same are listed for sale on the Site, and continuing
through the culmination of sale. If requested by us or by another User, you shall provide evidence
of such insurance in a timely manner, but in no event to exceed three (3) business days from the
receipt of such request.
GreenLists will reject any submissions in which GreenLists believes, in its sole discretion,
that any such activities have occurred. If notified by a user of a submission that allegedly violates
any provision of these Terms, GreenLists reserves the right to determine, in its sole discretion, if
such a violation has occurred, and to remove any such submission from the Sites at any time and
without notice.
User Submissions do not represent the views of GreenLists or any individual associated
with GreenLists, and we do not control this Content. In no event shall you represent or suggest,
directly or indirectly, GreenLists’s endorsement of user published Content. We are under no
obligation to monitor, edit, or control User Submissions that you or other users post or publish, and
will not be in any way responsible or liable for User Submissions or any failure to review or act
upon User Submissions. GreenLists may, however, at any time and without prior notice, screen,
remove, edit, or block any User Submissions that in our sole judgment violates these Terms or is
otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive,
and do waive, any legal or equitable right or remedy you have or may have against GreenLists with
respect to User Submissions. If notified by a user or content owner that User Submissions allegedly
does not conform to these Terms, we may investigate the allegation and determine in our sole
discretion whether to remove the User Submissions, which we reserve the right to do at any time
and without notice. GreenLists does not vouch for the accuracy or credibility of any user published
Content on our Sites or User Submissions published through our Services, and does not take any
responsibility or assume any liability for any actions you may take as a result of reviewing any such
user published Content or User Submission. Through your use of the Sites and Services, you may
physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any
other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree
that you have not and will not engage in any of the foregoing activities in connection with producing
your submission. Without limiting the foregoing, you agree that in conjunction with your
submission, you will not inflict emotional distress on other people, will not humiliate other people
(publicly or otherwise), will not assault or threaten other people, will not enter onto private property
without permission, will not impersonate any other person or misrepresent your affiliation, title, or
authority, and will not otherwise engage in any activity that may result in injury, death, property
damage, and/or liability of any kind.
In connection with User Submissions, you further affirm, represent and warrant the
following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade
secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in
Section 13; (ii) if necessary you have the written consent of each and every identifiable natural
person in the User Submission to use such persons name or likeness in the manner contemplated
by the Website and these Terms, and each such person has released you from any liability that may
arise in relation to such use; (iii) you are not, and have not been an agent of GreenLists and were
not and are not acting on behalf of, or as a representative of, GreenLists or any other party in
connection with the User Submission; (iv) the User Submission and GreenLists’s use thereof as
contemplated by these Terms and GreenLists’s Sites will not infringe any rights of any third party,
including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity;
and (v) you are solely responsible for ensuring that all Products marketed for sale on the Site shall
be property insured beginning with the time the same are listed for sale on the Site, and continuing
through the culmination of sale. If requested by us or by another User, you shall provide evidence
of such insurance in a timely manner, but in no event to exceed three (3) business days from the
receipt of such request.
GreenLists will reject any submissions in which GreenLists believes, in its sole discretion,
that any such activities have occurred. If notified by a user of a submission that allegedly violates
any provision of these Terms, GreenLists reserves the right to determine, in its sole discretion, if
such a violation has occurred, and to remove any such submission from the Sites at any time and
without notice.
User Submissions do not represent the views of GreenLists or any individual associated
with GreenLists, and we do not control this Content. In no event shall you represent or suggest,
directly or indirectly, GreenLists’s endorsement of user published Content. We are under no
obligation to monitor, edit, or control User Submissions that you or other users post or publish, and
will not be in any way responsible or liable for User Submissions or any failure to review or act
upon User Submissions. GreenLists may, however, at any time and without prior notice, screen,
remove, edit, or block any User Submissions that in our sole judgment violates these Terms or is
otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive,
and do waive, any legal or equitable right or remedy you have or may have against GreenLists with
respect to User Submissions. If notified by a user or content owner that User Submissions allegedly
does not conform to these Terms, we may investigate the allegation and determine in our sole
discretion whether to remove the User Submissions, which we reserve the right to do at any time
and without notice. GreenLists does not vouch for the accuracy or credibility of any user published
Content on our Sites or User Submissions published through our Services, and does not take any
responsibility or assume any liability for any actions you may take as a result of reviewing any such
user published Content or User Submission. Through your use of the Sites and Services, you may
be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive.
By using our Site and Services, you assume all associated risks.
19. User Account Obligations and Security. You understand that you will need to create an Account to
have access to all of the parts of the Sites and to the Services. In consideration of your use of the
Sites and Services, you will: (a) provide true, accurate, current and complete information about
yourself and your business as prompted by the account registration pages, including but not limited
to any related license information with respect to applicable state, local, federal law and related
regulations and User API keys (such information being the “Registration Data”) and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current, or incomplete, or GreenLists has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
GreenLists reserves the right, in its sole discretion to suspend or terminate your account and refuse
any and all current or future use of the Sites (or any portion thereof) or Services. You are entirely
responsible for the security and confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your account. You will not share
your account information or your username and password with any third party or permit any third
party to logon to the Sites or Services using your account information. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security of which you
become aware. You are responsible for taking precautions and providing security measures best
suited for your situation and intended use of the Services and Sites. We have the right to provide
user billing, account, Content or use records, and related information under certain circumstances
(such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to
protect our rights, customers or business). Please note that anyone able to provide your personally
identifiable information will be able to access your account so you should take reasonable steps to
protect this information.
20. Advertising Rights. GreenLists reserves the right to sell, license and/or display any advertising,
attribution, links, promotional and/or distribution rights in connection with your User Submissions,
and GreenLists and its licensors or affiliates will be entitled to retain any and all revenue generated
from any sales or licenses of such advertising, attribution, links, or promotional or distribution
rights. Nothing in these additional terms obligates or may be deemed to obligate GreenLists to sell,
license or offer to sell or license any advertising, promotion, or distribution rights.
21. Third Party Resources. Creating or maintaining any link from another web site to any page on the
Site without our prior written permission is prohibited. Any permitted links to the Site must comply
will all applicable laws, rule and regulations. From time to time, the Sites or Services may contain
links to websites that are not owned, operated or controlled by GreenLists or its affiliates. All such
links are provided solely as a convenience to you. If you use these links, you will leave the Sites.
Neither we nor any of our respective affiliates are responsible for any content, materials or other
information located on or accessible from any other website. Neither we nor any of our respective
affiliates endorse, guarantee, or make any representations or warranties regarding any other
websites, or any content, materials or other information located or accessible from any other
websites, or the results that you may obtain from using any other websites. If you decide to access
any other websites linked to or from this Sites, you do so entirely at your own risk. Any links that
direct you away from the Service to outside websites, including those of Vendors and Retailers,
available on the Site or any integration with outside software, including but not limited to state
traceability systems or software (all “Third-Party Resources”), are provided “as is” without
warranty of any kind, either expressed or implied and such Third-Party Resource is to be used at
your own risk. The use of the Third-Party Resources is at your own discretion and risk and with
agreement that you will be solely responsible for any damage to your computer system or loss of
19. User Account Obligations and Security. You understand that you will need to create an Account to
have access to all of the parts of the Sites and to the Services. In consideration of your use of the
Sites and Services, you will: (a) provide true, accurate, current and complete information about
yourself and your business as prompted by the account registration pages, including but not limited
to any related license information with respect to applicable state, local, federal law and related
regulations and User API keys (such information being the “Registration Data”) and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current, or incomplete, or GreenLists has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
GreenLists reserves the right, in its sole discretion to suspend or terminate your account and refuse
any and all current or future use of the Sites (or any portion thereof) or Services. You are entirely
responsible for the security and confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your account. You will not share
your account information or your username and password with any third party or permit any third
party to logon to the Sites or Services using your account information. You agree to immediately
notify us of any unauthorized use of your account or any other breach of security of which you
become aware. You are responsible for taking precautions and providing security measures best
suited for your situation and intended use of the Services and Sites. We have the right to provide
user billing, account, Content or use records, and related information under certain circumstances
(such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to
protect our rights, customers or business). Please note that anyone able to provide your personally
identifiable information will be able to access your account so you should take reasonable steps to
protect this information.
20. Advertising Rights. GreenLists reserves the right to sell, license and/or display any advertising,
attribution, links, promotional and/or distribution rights in connection with your User Submissions,
and GreenLists and its licensors or affiliates will be entitled to retain any and all revenue generated
from any sales or licenses of such advertising, attribution, links, or promotional or distribution
rights. Nothing in these additional terms obligates or may be deemed to obligate GreenLists to sell,
license or offer to sell or license any advertising, promotion, or distribution rights.
21. Third Party Resources. Creating or maintaining any link from another web site to any page on the
Site without our prior written permission is prohibited. Any permitted links to the Site must comply
will all applicable laws, rule and regulations. From time to time, the Sites or Services may contain
links to websites that are not owned, operated or controlled by GreenLists or its affiliates. All such
links are provided solely as a convenience to you. If you use these links, you will leave the Sites.
Neither we nor any of our respective affiliates are responsible for any content, materials or other
information located on or accessible from any other website. Neither we nor any of our respective
affiliates endorse, guarantee, or make any representations or warranties regarding any other
websites, or any content, materials or other information located or accessible from any other
websites, or the results that you may obtain from using any other websites. If you decide to access
any other websites linked to or from this Sites, you do so entirely at your own risk. Any links that
direct you away from the Service to outside websites, including those of Vendors and Retailers,
available on the Site or any integration with outside software, including but not limited to state
traceability systems or software (all “Third-Party Resources”), are provided “as is” without
warranty of any kind, either expressed or implied and such Third-Party Resource is to be used at
your own risk. The use of the Third-Party Resources is at your own discretion and risk and with
agreement that you will be solely responsible for any damage to your computer system or loss of
data that results from such activities. You are solely responsible for the accuracy and adequate
protection and backup of the data and equipment used in connection with any of the Third-Party
Resources linked to or integrated with the Site or Service, and we will not be liable for any damages
that you may suffer connection with downloading, installing, using, modifying or distributing such
Third-Party Resources. No advice or information, whether oral or written, obtained by you from us
or from this website shall create any warranty for Third Party Resources. Additionally, we make
no warranty that: (a) the Third Party Resources will meet your requirements; (b) the Third Party
Resources will be uninterrupted, timely, secure or error-free; (c) the results from the use of the
Third Party Resources will be effective, accurate or reliable; (d) the quality of the Third Party
Resources will meet your expectations; or (e) if errors or problems occur in connection with a
download of the Third Party Resources obtained from the links on this website, they will be
corrected. The links to Third Party Resources and the related documentation made available on this
website are subject to the following conditions: (a) the Third Party Resources could include
technical or other mistakes, inaccuracies or typographical errors; (b) at any time without prior
notice, we may make changes to the links pointing to Third Party Resources or documentation
made available on the third-party’s website; (c) the Third Party Resources may be out of date, and
we make no commitment to update such materials. In no event shall we be liable to you or any third
parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any
damages whatsoever, including, without limitation, those resulting from loss of use, lost data or
profits, inaccurate data, or any liability, arising out of or in connection with the use of Third-Party
Resources. When visiting or using these Third-Party Resources, you are subject to their privacy
policies, and we encourage you to read them as well as any terms of use or service. If you decide
to access any of the Third-Party Resources linked to or integrated with the Service, you do so
entirely at your own risk and subject to the terms and conditions of use for such Third-Party
Resources. We do not warrant that any Third-Party Resource will be compatible or interoperable
with your computer or mobile device, or any hardware, software, equipment or device installed on
your computer or mobile device or used by you to access and use the Third-Party Resource. You
acknowledge and agree that GreenLists shall have no liability to you for any losses suffered
resulting from or arising in connection with accuracy, compatibility, or interoperability problems
with Third Party Resources.
22. Disclaimers. YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES
AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER GREENLISTS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON
OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER
GREENLISTS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR
ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM GREENLISTS OR THROUGH GREENLISTS SITES AND SERVICES
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
23. Limitations of Liability. GreenLists does not assume any responsibility, or will be liable, for any
damages to, or any viruses that may infect your computer, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing the Sites, or your
Resources linked to or integrated with the Site or Service, and we will not be liable for any damages
that you may suffer connection with downloading, installing, using, modifying or distributing such
Third-Party Resources. No advice or information, whether oral or written, obtained by you from us
or from this website shall create any warranty for Third Party Resources. Additionally, we make
no warranty that: (a) the Third Party Resources will meet your requirements; (b) the Third Party
Resources will be uninterrupted, timely, secure or error-free; (c) the results from the use of the
Third Party Resources will be effective, accurate or reliable; (d) the quality of the Third Party
Resources will meet your expectations; or (e) if errors or problems occur in connection with a
download of the Third Party Resources obtained from the links on this website, they will be
corrected. The links to Third Party Resources and the related documentation made available on this
website are subject to the following conditions: (a) the Third Party Resources could include
technical or other mistakes, inaccuracies or typographical errors; (b) at any time without prior
notice, we may make changes to the links pointing to Third Party Resources or documentation
made available on the third-party’s website; (c) the Third Party Resources may be out of date, and
we make no commitment to update such materials. In no event shall we be liable to you or any third
parties for any special, punitive, incidental, indirect or consequential damages of any kind, or any
damages whatsoever, including, without limitation, those resulting from loss of use, lost data or
profits, inaccurate data, or any liability, arising out of or in connection with the use of Third-Party
Resources. When visiting or using these Third-Party Resources, you are subject to their privacy
policies, and we encourage you to read them as well as any terms of use or service. If you decide
to access any of the Third-Party Resources linked to or integrated with the Service, you do so
entirely at your own risk and subject to the terms and conditions of use for such Third-Party
Resources. We do not warrant that any Third-Party Resource will be compatible or interoperable
with your computer or mobile device, or any hardware, software, equipment or device installed on
your computer or mobile device or used by you to access and use the Third-Party Resource. You
acknowledge and agree that GreenLists shall have no liability to you for any losses suffered
resulting from or arising in connection with accuracy, compatibility, or interoperability problems
with Third Party Resources.
22. Disclaimers. YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR RISK. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES
AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER GREENLISTS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON
OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER
GREENLISTS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR
ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM GREENLISTS OR THROUGH GREENLISTS SITES AND SERVICES
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
23. Limitations of Liability. GreenLists does not assume any responsibility, or will be liable, for any
damages to, or any viruses that may infect your computer, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing the Sites, or your
downloading of any information or materials from the Sites. IN NO EVENT WILL GREENLISTS,
OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THE SITES OR SERVICES, BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GREENLISTS SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY
PROBLEM WITH THE SITES OR ANY CONTENT OR SERVICES THEREON, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY
PROBLEM WITH THE SERVICES THAT YOU HAVE SUBSCRIBED TO ON OR THROUGH
THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND
FOR SUCH SERVICES IN ACCORDANCE WITH THE GREENLISTS REFUNDS POLICY.
IN NO EVENT SHALL GREENLISTS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE LESSER OF (A) TEN
DOLLARS (US $10.00) OR (B) THE VALUE OF YOUR FEES (IF ANY) FOR ACCESS TO
THE SITES OR SERVICES.
24. Indemnity. You agree to defend, indemnify and hold GreenLists and any affiliated company or
individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’
fees, related to or in connection with (i) the use of the Sites, the Services or any Third Party
Resources, or your placement or transmission of any message or information on this Sites by you
or your authorized users; (ii) your violation of these Terms, including without limitation, your
breach of any of the representations and warranties above; (iii) your violation of any third party
right, including without limitation any right of privacy, publicity rights or Intellectual Property
Rights; (iv) your violation of any law, rule or regulation of the United States or any other country;
(v) any claim for damages that arise as a result of any User Submission that you provide to
GreenLists; or (vi) any other party's access and use of the Sites with your unique username,
password or other appropriate security code.
25. Release. If you have a dispute with one or more other users of the Site or any Third-Party Resource
integrated with or linked from the Site or included in the Services, you release GreenLists (and our
officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
26. Termination. We may suspend or terminate your account or your use of the Sites or Services at any
time, for any reason or for no reason. You are personally liable for any fees or charges incurred
through your account prior to termination. We may also block your access to our Sites or Services
in the event (i) you breach these Terms; (ii) we are unable to verify or authenticate any information
you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THE SITES OR SERVICES, BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GREENLISTS SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY
PROBLEM WITH THE SITES OR ANY CONTENT OR SERVICES THEREON, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY
PROBLEM WITH THE SERVICES THAT YOU HAVE SUBSCRIBED TO ON OR THROUGH
THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND
FOR SUCH SERVICES IN ACCORDANCE WITH THE GREENLISTS REFUNDS POLICY.
IN NO EVENT SHALL GREENLISTS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE LESSER OF (A) TEN
DOLLARS (US $10.00) OR (B) THE VALUE OF YOUR FEES (IF ANY) FOR ACCESS TO
THE SITES OR SERVICES.
24. Indemnity. You agree to defend, indemnify and hold GreenLists and any affiliated company or
individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’
fees, related to or in connection with (i) the use of the Sites, the Services or any Third Party
Resources, or your placement or transmission of any message or information on this Sites by you
or your authorized users; (ii) your violation of these Terms, including without limitation, your
breach of any of the representations and warranties above; (iii) your violation of any third party
right, including without limitation any right of privacy, publicity rights or Intellectual Property
Rights; (iv) your violation of any law, rule or regulation of the United States or any other country;
(v) any claim for damages that arise as a result of any User Submission that you provide to
GreenLists; or (vi) any other party's access and use of the Sites with your unique username,
password or other appropriate security code.
25. Release. If you have a dispute with one or more other users of the Site or any Third-Party Resource
integrated with or linked from the Site or included in the Services, you release GreenLists (and our
officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
26. Termination. We may suspend or terminate your account or your use of the Sites or Services at any
time, for any reason or for no reason. You are personally liable for any fees or charges incurred
through your account prior to termination. We may also block your access to our Sites or Services
in the event (i) you breach these Terms; (ii) we are unable to verify or authenticate any information
you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for
you, our users or us.
27. Force Majeure. GreenLists shall not be responsible for damages or for delays or failures in
performance resulting from acts or occurrences beyond its reasonable control, including, without
limitation: fire, lightning, explosion, power surge or failure, pandemic or epidemic, water, acts of
God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any
law, order, regulation, ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor unrest, including without limitation,
strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other common carriers.
28. General. All matters relating to the Sites, Services and these Terms and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of Colorado.
29. Arbitration Agreement.
1. In the interest of resolving disputes between you and GreenLists in the most expedient and
cost effective manner, you and GreenLists agree that every dispute arising in connection
with these Terms will be resolved by binding arbitration, to the fullest extent permitted
under applicable law. This Arbitration Agreement includes all claims arising out of or
relating to any aspect of these Terms, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim arises during
or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY
ENTERING INTO THESE TERMS, YOU AND GREENLISTS ARE EACH WAIVING
THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Despite the
provisions of this section, nothing in these Terms will be deemed to waive, preclude, or
otherwise limit the right of either party to: (i) bring an individual action in small claims
court or to seek payment for any Services provided by GreenLists; (ii) pursue an
enforcement action through the applicable federal, state, or local agency if that action is
available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to
address an intellectual property infringement claim.
2. Arbitrator. To the fullest extent permitted under applicable law, any arbitration between
you and GreenLists will be settled under the Federal Arbitration Act, governed by the
Commercial Dispute Resolution Procedures and the Supplementary Procedures for
Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA
at 1-303-900-2685, or by contacting GreenLists.
3. Notice; Process. A party who intends to seek arbitration must first send a written notice of
the dispute to the other party by certified U.S. Mail or by Federal Express (signature
required) or, only if such other party has not provided a current physical address, then by
electronic mail (“Notice”). GreenLists’s address for Notice is: 1942 Broadway St., STE
314C Boulder, CO 80302. The Notice must: (i) describe the nature and basis of the claim
or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make
good faith efforts to resolve the claim directly, but if the parties do not reach an agreement
to do so within 30 days after the Notice is received, you or GreenLists may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by
you or GreenLists must not be disclosed to the arbitrator until after the arbitrator makes a
final decision and award, if any.
4. Fees. Any arbitration hearing will take place at a location to be agreed upon in Denver,
Colorado, but if the claim is for $10,000 or less, you may choose whether the arbitration
will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii)
through a non-appearance based telephone hearing; or (iii) by an in-person hearing as
established by the AAA Rules in the county (or parish) of your billing address. If the
arbitrator finds that either the substance of your claim or the relief sought in the Demand
is frivolous or brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by
the AAA Rules. In that case, you agree to reimburse GreenLists for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless
of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and resolve disputes
as to the payment and reimbursement of fees or expenses at any time during the proceeding
and upon request from either party made within 14 days of the arbitrator’s ruling on the
merits.
5. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW, YOU AND GREENLISTS AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding; notwithstanding the foregoing Section 29.5, GreenLists alone may ask
the arbitrator to join or claims with similar facts and legal issues in the interest of efficiency,
which the arbitrator may choose to consolidate in its discretion. You agree not to contest
any such request for joinder.
6. Modifications to the Arbitration Provision. If GreenLists makes any future change to this
arbitration provision, other than a change to GreenLists’s address for Notice, you may
reject the change by sending us written notice within 30 days of the change to GreenLists’s
address for Notice, in which case your account with GreenLists will be immediately
terminated and this arbitration provision, as in effect immediately prior to the changes you
rejected will survive.
7. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a
written opt-out notice (“Opt-Out Notice”) in accordance with these Terms. For new users,
the Opt-Out Notice must be postmarked no later than 30 days after the date you use the
Service for the first time. You must mail the Opt-Out Notice to GreenLists at 1644 Platte
St. Denver, CO 80202. The Opt-Out Notice must state that you do not agree to the
arbitration agreement and must include your name, address, phone number, and the email
address(es) used to log in to the (s) to which the opt-out applies. You must sign the Opt-
Out Notice for it to be effective. This procedure is the only way you can opt out of the
arbitration agreement. If you opt out of the arbitration agreement, GreenLists will likewise
not be bound by these arbitration provisions. All other terms of these Terms will continue
to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or
future arbitration agreements that you may have with us. GreenLists users who accepted a
previous version of these Terms that included an arbitration agreement, and who did not
timely opt out of that arbitration agreement, remain bound by the last arbitration agreement
that they accepted. Upon receipt of a valid Opt-Out Notice, GreenLists will provide the
opting out user with a copy of the arbitration agreement from the last version of the Terms
that the user accepted, if any exists.
8. Enforceability. If the above Arbitration Agreement is found to be unenforceable, then the
entirety of Section 29 will be null and void and, in that case, the parties agree that the
exclusive jurisdiction and venue described in Section 28 will govern any action arising out
of or related to these Terms.
30. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection
with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of
the cause of action. This period shall not be extended for any reason, except by the written consent
of both parties. All statutes or provisions of law which would toll or otherwise affect the running
of the period of limitation are hereby waived, and no such statute or provision of law shall operate
to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
31. Service. We do not guarantee continuous, uninterrupted, or secure access to our Sites or Services,
and operation of the Sites may be interfered with by numerous factors outside of our control. If any
provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. You agree that these Terms and all incorporated
agreements may be automatically assigned by GreenLists in our sole discretion. Headings are for
reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section. Our failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or similar breaches. These
Terms and Conditions set forth the entire understanding and agreement between us with respect to
the subject matter hereof. All provisions herein regarding Site Access License and Restrictions,
Limitations of Liability, Indemnity, Releases, and any other terms that are intended to survive any
termination of the customer relationship or use of the Services shall survive any termination or
expiration of these Terms.
32. Entire Agreement. These Terms are the entire agreement between you and GreenLists and
supersede any prior understandings or agreements (written or oral).
33. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if
you have any questions or comments and Concerns, we ask you to contact us at by email at:
support@GreenLists.com.
34. Copyright Notice. All Site design, graphics, text selections, arrangement and all software are
Copyright © 2023 GreenLists, Inc. or its licensors. ALL RIGHTS RESERVED.
that the user accepted, if any exists.
8. Enforceability. If the above Arbitration Agreement is found to be unenforceable, then the
entirety of Section 29 will be null and void and, in that case, the parties agree that the
exclusive jurisdiction and venue described in Section 28 will govern any action arising out
of or related to these Terms.
30. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection
with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of
the cause of action. This period shall not be extended for any reason, except by the written consent
of both parties. All statutes or provisions of law which would toll or otherwise affect the running
of the period of limitation are hereby waived, and no such statute or provision of law shall operate
to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
31. Service. We do not guarantee continuous, uninterrupted, or secure access to our Sites or Services,
and operation of the Sites may be interfered with by numerous factors outside of our control. If any
provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. You agree that these Terms and all incorporated
agreements may be automatically assigned by GreenLists in our sole discretion. Headings are for
reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section. Our failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or similar breaches. These
Terms and Conditions set forth the entire understanding and agreement between us with respect to
the subject matter hereof. All provisions herein regarding Site Access License and Restrictions,
Limitations of Liability, Indemnity, Releases, and any other terms that are intended to survive any
termination of the customer relationship or use of the Services shall survive any termination or
expiration of these Terms.
32. Entire Agreement. These Terms are the entire agreement between you and GreenLists and
supersede any prior understandings or agreements (written or oral).
33. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if
you have any questions or comments and Concerns, we ask you to contact us at by email at:
support@GreenLists.com.
34. Copyright Notice. All Site design, graphics, text selections, arrangement and all software are
Copyright © 2023 GreenLists, Inc. or its licensors. ALL RIGHTS RESERVED.