Terms of Service
Last Updated: These Terms of Service were last updated on August 2, 2017.
These Terms of Service (“Terms of Service”) of Greenlight App, Inc. (“Greenlight” or “us” or “we”) govern your use of our marijuana ordering and delivery service (“Service”) that we make available via our app located at www.greenlightapp.com (the “App”). By accessing or using the Service or the App, you expressly accept all of the provisions of these Terms of Service and represent to us that you are at least 18 years of age and are legally competent to enter into and agree to these Terms of Service. If you do not accept these Terms of Service, then you are not authorized to use the Service or the App.
THESE TERMS OF SERVICE INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE OR THE APP.
1. ABOUT GREENLIGHT; ACKNOWLEDGEMENTS
1.1 What Greenlight Does. Greenlight provides a virtual marketplace where medical and/or recreational marijuana users can connect with lawfully operated marijuana collectives, cooperatives, and related service providers (collectively, “Dispensaries”). Greenlight is not a Dispensary itself or a medical provider, and you acknowledge that Greenlight does not provide medical advice via the Service, the App, or otherwise.
1.2 Dispensaries and State Law. You may not pay for any goods or services using the Services or the App unless permitted by the Law (as defined in Section 3). Depending on your location, payment for any goods or services may be made in-person at a Dispensary upon presenting your valid, government-issued identification, medical marijuana registration card, doctor’s recommendation, or such combination of the preceding documents or additional documents as may be required by state law or the Dispensary. At all times, your use of the Service and the App, and the manner in which you participate will be governed by the laws of the state in which you use the Service and the App. You agree and acknowledge that certain features of the Service or the App may not be available in certain states.
1.3 Federal Law. Although many states have legalized some form of marijuana, the cultivation, manufacture, distribution and possession of marijuana and assisting with or conspiring to do the same remains illegal under United States federal law, and Greenlight has made no representation to the contrary. It is your responsibility to ensure compliance with the Law. Greenlight has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of the Service or the App.
2. YOUR ACCOUNT
2.1 Creating an Account. In order to create an account (“Account”) and become a registered user of the Service, you must be at least 18 years of age and have a valid government-issued ID. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and phone number. If you intend to use the Service or the App you must also provide us with your medical marijuana card or doctor’s recommendation. You represent that any information you provide to us is true and accurate.
2.2 Geolocation. In order to comply with state laws regarding the medical and/or recreational distribution, possession, and use of marijuana, Greenlight must be able to obtain your approximate geographic location, via IP address lookup or otherwise. If you access the App via a mobile device and disable location services on that device, or otherwise elect not to provide us with information regarding your location, you will not be able to access the app. Additionally, certain features of the App may not be available depending on your location.
2.3 Account Activities. You are the sole authorized user of your Account, and are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your Account. Greenlight has no control over the use of your or any other user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing [email protected].
3. LICENSE AND RESTRICTIONS; OWNERSHIP
3.1 License Grant. Subject to your compliance with these Terms of Service, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Service and the App, for your personal use only, and subject to the limitations set forth below. These Terms of Service are limited to the intellectual property rights of Greenlight and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Service. The limited rights granted to you to access and use the Service and the App comprise a limited license and do not constitute the sale of any software program.
3.2 Fees. Greenlight does not currently charge end users any fees for use of the Service or App, though we reserve the right to do so in the future if permitted by applicable state law. Greenlight will notify end users prior to charging any fees for use of the Service or App.
3.3 Use Restrictions.
(a) You agree that: (i) you will not use the Service or the App if you are not fully able and legally competent to agree to these Terms of Service; (ii) you will only use the Service and the App in full compliance with the laws and regulations of the state in which you access the Service or the App and all applicable federal laws, excepting only for federal laws and regulations related to marijuana, in which case you will use the App in accordance with guidance then issued by the United States Department of Justice (collectively, “Law”); (iii) you will not use the Service or the App for sending or storing any material prohibited by the Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you will not use the Service or the App to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Service or the App to cause nuisance, annoyance or inconvenience; (vi) you will keep secure and confidential your account password or any identification we provide you which allows access to the Service or the App; and (vii) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.
(b) Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service or the App in any unauthorized manner; (ii) use the Service or the App in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Service, the App, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service or the App; (v) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Service or the App; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Service, the App, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (vii) use any means to discover the source code of any portion of the Service or the App; (viii) otherwise circumvent any functionality that controls access to or otherwise protects the Service or the App; or (ix) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Greenlight and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.
3.4 Ownership. The Service, the App and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Greenlight and/or its licensors own all right, title and interest in and to the Service and the App (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Greenlight’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Service. Any and all: (i) suggestions for correction, change and modification to the Service or the App and other feedback (including but not limited to quotations of written or oral feedback), information and reports your provide to Greenlight (collectively “Feedback”); and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Greenlight or otherwise relating to the Service or the App (collectively, “Revisions”), are and will remain the property of Greenlight. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or the App or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Greenlight and Greenlight may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Greenlight any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Greenlight’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
3.6 Notice of Infringement; Digital Millennium Copyright Act.
(a) Anyone who believes that his or her work has been reproduced in the Service or the App in a manner which constitutes copyright infringement may submit a notification to Greenlight’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (i) identification of the copyrighted work that is claimed to be infringed; (ii) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service; (iii) information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; (iv) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (v) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
(b) Notices of copyright infringement claims should be sent via email to: [email protected]. We will respond expeditiously to claims of copyright infringement using the Service or the App that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) If you believe that any of Your Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent: (i) your physical or electronic signature (with your full legal name); (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
(d) If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
(e) Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office app at http://www.copyright.gov/legislation/dmca.pdf.
4. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.
4.1 Warranty Disclaimer. THE SERVICE AND THE APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GREENLIGHT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. GREENLIGHT DOES NOT WARRANT THAT: (I) THE SERVICE OR THE APP WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SERVICE OR THE APP WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE SERVICE OR THE APP WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SERVICE OR THE APP CAN OR WILL BE CORRECTED. FURTHER, GREENLIGHT DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES THROUGH THE SERVICE OR THE APP. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND THE APP, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.
4.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GREENLIGHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SERVICE OR THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREENLIGHT’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO GREENLIGHT UNDER THESE TERMS OR SERVICE; OR (II) FIVE DOLLARS ($5.00). BY ACCESSING THE SERVICE OR THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
4.3 Indemnity. By agreeing to these Terms of Service and using the Service and the App, you agree that you shall defend, indemnify and hold Greenlight, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of these Terms of Service or any applicable law or regulation; (ii) your violation of any rights of any third party; (c) any unauthorized use of the Service or the App; or (iii) your negligence or willful misconduct.
5. ARBITRATION AND CLASS ACTION WAIVER.
5.1 Binding Arbitration. Any dispute or claim arising in any way from your use of the Service or the App, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service or the App in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
5.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
5.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer¬ Related Disputes. These rules can be found on the AAA app at www.adr.org.
5.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: [email protected]. Greenlight will send any notice of dispute to you at the contact information we have for you.
5.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
5.6 Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Greenlight will pay all other AAA and arbitrator’s fees and expenses.
5.7 Individual Basis. To the fullest extent permitted by applicable law, you and Greenlight each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Greenlight each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
5.8 Limitation Period. In no event shall any claim, action or proceeding by you or Greenlight be instituted more than one (1) year after the cause of action arose.
5.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
5.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Greenlight each agree to the exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and you and Greenlight each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
5.11 Opting Out. If you do not want to arbitrate disputes with Greenlight and you are an individual, you may opt out of this arbitration agreement by sending an email [email protected] within thirty (30) days of the first of the date you access or use the Service or the App.
6. GENERAL PROVISIONS.
6.1 Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Service and the App, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, the Service or the App (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Service or the App). If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Greenlight or you. Termination will not limit any of our other rights or remedies at law or in equity.
6.2 Injunctive Relief. You agree that a breach of these Terms of Service will cause irreparable injury to Greenlight for which monetary damages would not be an adequate remedy and Greenlight shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
6.3 Notices. We may give notice to you by means of a general notice on the Service or the App, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected]. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
6.4 Miscellaneous. These Terms of Service constitute the entire agreement of you and Greenlight with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Greenlight with respect to such subject matter are hereby superseded in their entirety. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Greenlight or pursuant to Section 6.5 of these Terms of Service. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Greenlight but may not be assigned by you without the prior express written consent of Greenlight. Any attempt by you to assign these Terms of Service without the written consent of Greenlight shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. You and Greenlight agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Service. The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service and the App. Your use of the Service and the App may also be subject to other local, state, national, or international laws.
6.5 Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service on the App and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Service or the App after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service.
6.6 Contact Us. If you have any questions regarding these Terms of Service, the Service or the App please contact us at [email protected].