Terms of Use and Privacy Policy
1. GOVERNING AGREEMENT / OVERVIEW
1.1. Governing Agreement
The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and Greenovations Inc. DBA Greenlight (hereinafter "Greenovations" or “Greenlight” or "Us" or "We") regarding your use of Greenlight services, which include applications for mobile devices and Greenlight branded websites (the "Service"). In this agreement, "Greenlight" means Greenovations Inc. located at 1106 Yakima Ave S, Seattle, WA 98144.
In either case "Greenlight" includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
2. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
2.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
GREENLIGHT IS INTENTED TO BE USED WHILE DRIVING. YOU AGREE TO USE THIS SERVICE AT YOUR OWN RISK AND HOLD GREENLIGHT HARMLESS FOR ANY DAMAGE, LOSS, OR LOSS OF LIFE THAT MAY OCCUR WHILE OPERATING A MOTOR VEHCILE.
WITHOUT LIMITING THE FOREGOING, NEITHER GREENLIGHT NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "GREENLIGHT PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
2.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE GREENLIGHT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GREENLIGHT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GREENLIGHT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE GREENLIGHT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GREENLIGHT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GREENLIGHT ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GREENLIGHT IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GREENLIGHT.
2.3. Indemnification
You agree to indemnify, save, and hold Greenlight, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Greenlight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Greenlight, and you agree to cooperate with Greenlight’s defense of these claims. Greenlight will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
3. LICENSE
3.1. Privacy Policy
Use of the Service is also governed by Greenlight’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to Us. We designed Greenlight’s Privacy Policy to make important disclosures about how We collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Greenlight Privacy Policy carefully and use it to make informed decisions.
By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Greenlight’s Privacy Policy.
3.2. Updates to the Terms of Service and Greenlight Privacy Policy
Greenlight reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Greenlight may also revise other policies, codes or rules at any time, and the new versions will be available at www.Greenlight.life or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Greenlight had actual notice before the date of the amendment.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Greenlight Privacy Policy, or any other Greenlight policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or Greenlight Privacy Policy conflict with any other Greenlight terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Greenlight Privacy Policy shall govern.
3.3. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Greenlight policies, Greenlight grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using a Greenlight supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own purposes. You agree not to use the Service for any other purpose.
3.4. Accessing the Service
By accessing or using the Service, including browsing any Greenlight website or accessing a mobile application, you accept and agree to these Terms of Service and the Greenlight Privacy Policy. You may also be required to register an account on the Service (an "Account"), or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
3.5. Use of the Service
The following restrictions apply to the use of the Service:
a) You shall not create an Account or access the Service if you are under the age of 13;
b) You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
c) You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d) You shall not have an Account or use the Service if you have previously been removed by Greenlight;
e) You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
f) You shall not use your Account to engage in any illegal conduct;
g) You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Greenlight’s written permission;
h) You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Greenlight’s permission; and
i) If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
3.6. Account Information
When creating or updating an Account on the Service, you may be required to provide Greenlight with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Greenlight Privacy Policy and relevant "just-in-time" notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Greenlight, and that you will update that information promptly after it changes.
3.7. Username and Password
During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Greenlight and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are responsible for anything that happens through your Account.
Greenlight reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
3.8. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GREENLIGHT SERVICE IS A VIOLATION OF GREENLIGHT POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Greenlight deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our scoring mechanics or policies;
b. Make improper use of Greenlight’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING - You agree that you will not, under any circumstances:
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Greenlight experience;
e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Greenlight experience;
f. Without Greenlight’s express written consent, modify or cause to be modified any files that are a part of the Service;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Greenlight environment (each a "Server"); or (2) the use of the Service by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use of the Service; or
i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Greenlight, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
j. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Greenlight employees, including Greenlight’s customer service representatives; or
k. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Greenlight employee;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
l. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
m. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Greenlight data elements, or environment. Greenlight may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
n. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
o. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
p. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
q. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Greenlight;
r. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Greenlight; or
s. Copy, modify or distribute rights or content from any Greenlight site, or Greenlight’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances:
t. Solicit or attempt to solicit personal information from other users of the Service;
u. Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
v. upload or transmit or attempt to upload or transmit, without Greenlight’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
3.9. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, GREENLIGHT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR GREENLIGHT SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GREENLIGHT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Greenlight reserves the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Greenlight shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at Greenlight.life.
3.10. Ownership
3.10.1. Service
The Service (including without limitation any titles, computer code, themes, objects, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation) are copyrighted works owned by Greenlight Inc. Greenlight reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
3.10.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GREENLIGHT. GENERALLY, ACCOUNTS CREATED WITH GREENLIGHT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
3.10.3. User Content
"User Content" means any communications, images, video, sounds, and all the material, data, and information that you upload or transmit through a Greenlight client or the Service, or that other users upload or transmit.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Greenlight in accordance with its Privacy Policy.
You own your data. You hereby grant Greenlight and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, introduce into circulation, commercialize, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your data as well as all modified and derivative works thereof in connection with our provision of the Service.
4. USER CONTENT
4.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Greenlight assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation video and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
4.2. Information Use by Other Members of the Service
4.2.1. Public Discourse amp; Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Greenlight cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Greenlight shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that Greenlight (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
4.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Greenlight assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support.
Greenlight may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Greenlight may violate these Terms of Service.
Greenlight reserves the right to limit the storage capacity of User Content or data that you post on, through or in connection with the Service.
4.3. Disclosure
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Greenlight, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
5. COPYRIGHT NOTICES/COMPLAINTS
It is Greenlight’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to Greenlight’s Copyright Page to review our DMCA Notification Guidelines. Greenlight reserves the right to terminate without notice any User's access to the Service if that User is determined by Greenlight, in its sole discretion, to be a "repeat infringer." In addition, Greenlight accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Greenlight may require that you accept updates to the Service you have installed on your computer or mobile device. You acknowledge and agree that Greenlight may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
7. DISPUTE RESOLUTION
7.1. General
If a dispute arises between you and Greenlight, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Greenlight agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7.2. Law and Forum for Legal Disputes
If you are a resident of the United States, this Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Greenlight must be resolved exclusively by a state or federal court located in King County, Washington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.
If you reside outside of the United States, this Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the Grand Duchy of Luxembourg and shall be considered to have been made and accepted in the Grand Duchy of Luxembourg, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Greenlight Luxembourg S.a.r.l. must be resolved exclusively by the courts in Luxembourg, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts in Luxembourg for the purpose of litigating all such claims or disputes.
7.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
7.4. Improperly Filed Claims
All claims you bring against Greenlight must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Greenlight shall be entitled to recover attorneys' fees and costs up to $1000, provided that Greenlight has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
8. SEVERABILITY
You and Greenlight agree that if any portion of these Terms of Service or of the Greenlight Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
9. GENERAL PROVISIONS
9.1. Assignment
Greenlight may assign or delegate these Terms of Service and/or the Greenlight Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Greenlight’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
9.2. Supplemental Policies
Greenlight may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Greenlight Privacy Policy), contain the entire understanding of you and Greenlight, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.
9.4. Language of the Terms of Service
If we provide you with a translation of the English language version of these Terms of Service, the Greenlight Privacy Policy or any other policy (collectively "Greenlight Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Greenlight Policies.
In the event of a conflict between a translation of the Greenlight Policies and the English version, the English version of the Greenlight Policies will control.
9.5. No Waiver
The failure of Greenlight to require or enforce strict performance by you of any provision of these Terms of Service or the Greenlight Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Greenlight’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Greenlight of any provision, condition, or requirement of these Terms of Service or the Greenlight Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Greenlight shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Greenlight.
9.6. Notices
We may notify you via postings on www.Greenlight.life, and via e-mail or any other communications means to contact information you provide to Us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service or the Greenlight Privacy Policy shall be in writing and addressed to: Greenlight Inc., Attn: LEGAL DEPARTMENT, 2002 NE 18th PL, Renton, WA 98056.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Greenlight are of a unique and irreplaceable nature, the loss of which shall irreparably harm Greenlight and which cannot be replaced by monetary damages alone. Accordingly, Greenlight shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
9.8. Force Majeure
Greenlight shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Greenlight, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Greenlight’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.