GreenReach Terms and Conditions ("Terms") Last updated: February 17, 2019
Welcome to GreenReach! Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the "Services").
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Service operated by GreenReach Group LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all partners, users, visitors and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
When you interact on our system, use the Service or create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and the discontinuation of the use of our Service.
If you establish an account on GreenReach, you are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree that you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By interacting with our system or using the Service, you agree not to abuse the software, the company, its employees, partners, vendors or users in any way. Reported or suspected abuse may result in immediate termination of your account and the discontinuation of the use of our Service.
Some jurisdictions may not permit the exclusion of certain warranties. To the extent applicable local law specifically and expressly prohibits such exclusions, those such exclusions set forth below may not apply to you. The services (including any software and content contained therein) are licensed and provided “As Is” and “As Available.” Any use of the services will be at your own risk. To the maximum extent permitted by applicable law, GreenReach disclaims any and all warranties, whether expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, GreenReach makes no representations or guarantees that the service will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusions. GreenReach also makes no representations or guarantees that the service will not contain content you deem offensive, indecent, or otherwise objectionable. GreenReach expressly disclaims any liability relating thereto, and GreenReach also makes no guarantees, representations or warranties that the use of or the results of the use of the services will meet your requirements, be accurate, reliable, current, or that operation of the services will be uninterrupted or free from errors.
Some jurisdictions may not permit the exclusion or limitation of certain liabilities. To the extent applicable law specifically and expressly prohibits such exclusions or limitations, those such exclusions or limitations set forth below may not apply to you.
GreenReach’s cumulative liability to you or any party related to you for any losses or damages arising out of or relating to this agreement or use of the services will not exceed the amount you actually paid for the applicable portion of the services at issue within the twelve month period immediately preceding the date of your claim. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall GreenReach be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, or lost profits, regardless of the cause of action on which they are based, even if GreenReach has been advised of the possibility of such damages occurring.
As between you and GreenReach, you acknowledge that GreenReach retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. GreenReach, its logo, elements of design, as well as all other GreenReach trademarks, service marks, graphics, and logos, are the solely owned intellectual property of GreenReach. The Services may also contain third-party or advertiser trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by GreenReach and are protected by the laws of the United States and other countries in which the Services are made available. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, GreenReach does not grant any express or implied right to you under any GreenReach-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
GreenReach values and appreciates all feedback, comments, and suggestions we receive from our users, vendors, and partners. By submitting any graphical representations, written questions, thoughts, ideas, other types of content, feedback and/or proposals to GreenReach regarding the Services ("Feedback") or otherwise, you expressly acknowledge and agree that: (a) GreenReach is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the content, Feedback and/or proposals; and (b) GreenReach may freely use, assign, transfer, distribute, exploit, and further develop and modify the content or Feedback and/or proposals for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the content, Feedback and/or proposals, you hereby grant GreenReach a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback and/or proposals. Further, you irrevocably release GreenReach from any and all liability and claims that may result from or are related to the rights to the content, Feedback and/or proposals.
Except as separately licensed or as authorized under an applicable statutory licensing scheme, if you elect to upload or provide written, photographic, or other audiovisual content to GreenReach in connection with your use of the Services or participation in a GreenReach-sponsored campaign ("Your Content"), you hereby grant GreenReach a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license (but not the obligation) to use, archive, stream, copy, distribute, publicly perform, create derivative works of, transmit, and otherwise exploit, in whole or in part, Your Content, in any manner or medium now known or hereafter devised. This exploitation may include, without limitation, use of Your Content to endorse GreenReach or third-party products and services. Additionally, you further grant GreenReach a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, fully paid up, royalty-free, worldwide right and license to exploit your name, likeness, personality, voice, and any other materials or information you provide to GreenReach in connection with Your Content.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Pandora for its use or exploitation of Your Content as licensed herein, as well as any claims under "moral rights" or similar theories. You agree that GreenReach enabling you to provide us with Your Content is adequate and sufficient consideration for our use of Your Content, you will not receive any additional consideration or compensation for GreenReach’s exploitation of Your Content, and GreenReach has no obligation to use any of Your Content.
Other than as provided in this Agreement, you will retain ownership of all rights in Your Content.
Your Content, and its provision by you thereof, will at all times be subject to our Intellectual Property policy as outlined herein.
We value and appreciate our advertisers and sponsors! GreenReach aspires to be selective in our associations, and we are dedicated to working with new and existing promotional partners. To that end, we consider closely who we enter into agreements within our business collaborations.
Advertisers may be required to disclose certain relevant information in our vetting process, such as a business address or phone number. Permission to advertise on GreenReach is not guaranteed in any way, and service in support of any advertising agreements may be revoked or suspended at any time at our sole discretion. In such a case, a pro-rata refund may be issued for days left unused in a service subscription or agreement.
GreenReach has the full legal authority to use and to authorize others to use all elements in and pertaining to the advertising submitted to GreenReach, including without limitation (i) the names, likenesses, biographical information and/or any other identifying attributes of any individual who is identifiable in the Advertising; (ii) all elements of the Advertising that are subject to protection under any and all intellectual property law, including without limitation, the copyright, trademark, unfair competition and/or patent laws and regulations of any jurisdiction in which Advertising may be exhibited; (iii) all “testimonials” (as that term is commonly understood in the advertising industry) and/or endorsements contained in the Advertising;
The Advertising and all elements thereof are not subject to any third party claims, and the Advertising and all elements thereof have been fully cleared by Advertiser for all uses set forth herein, and no payments will be required to be made to any third party in connection with the use of the Advertising (or, if any such payments are required, Advertiser will be solely responsible therefor and indemnify and hold harmless GreenReach in connection therewith);
The Advertising, creative and all elements thereof, after being submitted to and approved by GreenReach, shall not be altered prior to or during publication; and
The Advertising shall not launch a pop-up windows or tabs, auto‐install executables, ActiveX, prompted executables, messages that prevent user navigation, hidden browser windows, audio played without user initiation, or other non‐specified and questionable media content. Violators of this restriction will be subject to immediate termination, legal action for user and brand damages, and a financial penalty by GreenReach or its respective publishers. Agencies, Brokers, and Media Buyers representing advertisers are completely responsible for all and any such activity on this campaign and will be considered completely liable.
If you elect to access any paid component of the Services, such as becoming a subscriber or advertiser, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services.
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. GreenReach assumes no liability or responsibility for the payment of any charges you may incur.
GreenReach asserts the right to refuse service to any person or entity at any time at our sole discretion.
GreenReach may hold free contests, drawings, games or giveaways to help promote the company, its advertisers, 3rd party partners or other people, entities or causes. It is up to each User of the Service to determine if they are legally entitled to enter and/or win a prize from one or more of these events. By agreeing to participate in such an event, Users confirm that they are located in a jurisdiction which permits such activities, and they render GreenReach harmless against any legal action resulting from their participation.
In use of the Service, Users may select a username to associate with an account on the GreenReach system. This username may not reference anything we deem, in our sole discretion, to be abusive, derogatory, profane, insulting, hateful or otherwise offensive. If it is discovered that a User has chosen a username which violates this policy, GreenReach reserves the right to immediately revoke the User’s account and/or access to the Service.
GreenReach respects the intellectual property rights of others. Per the DMCA, GreenReach will respond expeditiously to claims of copyright infringement on the Site if submitted to GreenReach’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, GreenReach will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by GreenReach or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
GreenReach may request additional information before removing any allegedly infringing material. In the event GreenReach removes the allegedly infringing materials, GreenReach will immediately notify the person responsible for posting such materials that GreenReach removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). GreenReach designated Copyright Agent is:
[Lawyer Phone Number]
[Contact Email Address]
You represent and warrant that you are not (a) located in a country or jurisdiction that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) listed on any U.S. Government list of prohibited or restricted parties. You also represent and warrant that you are not (a) located in a country or jurisdiction that prohibits use of hemp, marijuana or any product mentioned, discussed, reviewed, rendered or advertised on GreenReach.me, and (b) using or attempting to use any product prohibited in your jurisdiction through your use of GreenReach or any of the services or resources provided through our software or system.
You agree to defend (at our option), hold harmless, and indemnify GreenReach from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
Our Service may contain links to third-party web sites or services that are not owned or controlled by GreenReach.
GreenReach has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GreenReach shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Kentucky, United States, without regard to its conflict of law provisions. And arbitration arising from a dispute with GreenReach shall be arbitrated in Jefferson County, Kentucky.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason by sending a written request for account cancellation to firstname.lastname@example.org. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to GreenReach. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
GreenReach may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
This Agreement constitutes the complete and exclusive agreement between you and GreenReach with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.