As of August 03, 2018
DISCLAIMERS & ACKNOWLEDGMENTS
ACKNOWLEDGMENT OF FEDERAL LAW
You expressly acknowledge that Marijuana is included on Schedule 1 of the Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge that the interstate transportation of marijuana is a federal offense. The Company disclaims any and all liability relating to the use of its devices, capsules and applications in violation of any federal laws, rules and/or regulations.
ACKNOWLEDGMENT OF STATE LAW
You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in all States unless all participants are acting completely within the scope of the State’s respective medical and/or adult-use cannabis laws, rules and regulations. The Company disclaims any and all liability relating to the use of its website and applications in violation of any state laws, rules and/or regulations.
WARNING: Products sold the Company’s Website or Mobile Application may contain marijuana that contain chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm. You hereby acknowledge that the Company has warned you of such potential harm and that you are aware of such potential harm.
ACKNOWLEDGMENT OF THE LAWS OF USER’S STATE OF RESIDENCY
You must abide by and follow the laws of the state and municipality in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state and municipality of your residency.
These General Terms and Conditions (“Terms”) are entered into by and between you and Green Rush Group, Inc. (“Green Rush,” the “Company”, “we,” “us,” or “our”). The Terms govern the relationship between Green Rush and you, our site visitor (“you” or “your”), with respect to your use of the Internet site located at www.GreenRush.Com (the “Site”), the Green Rush mobile application (the “App” or “Application”) and/or your purchase of any of our Internet Services from the Site (the “Services”). By visiting, using the Site, the App or for accessing the Services, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site or the App, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by these Terms regardless of how you access or use the Site, the App, and/or the Service, whether via personal computers, mobile devices or otherwise. In consideration of your use of and access to the Site, the App, and/or the Services (and the promises and obligations herein, and intending to be legally bound), you and Green Rush hereby agree as follows: Your access to and use of the Site, the App, and/or the Services is subject to these Terms, as well as any modifications issued by Green Rush to these Terms, and all applicable laws and regulations. BY USING THE SITE, THE APP, AND/OR THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site, the App, and/or the Services. Among other things, Green Rush provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. The information available on or through use of the Site, the App, or the Services, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, cure or treatment. Green Rush does not recommend or endorse any specific physicians, products, tests, procedures, opinions or other information that may be mentioned on the Site, the App, and/or the Services.
Always seek the advice of a qualified medical professional with any questions you may have regarding your condition, if any. Do not disregard professional medical advice or delay in seeking it because of Information on the Site, the App, and/or the Services. Reliance on any Information is solely at your own risk.
2. About Us
Green Rush is not a licensed medical or adult use retailer. It is a service that connects medical and adult-use cannabis dispensaries (collectively, “Dispensaries”) with their patients, primary caregivers, and/or customers. It does not offer delivery services, set pricing, or maintain any inventory of cannabis to or for Qualified Patients, their Primary Caregivers and/or their customers. We offer you the convenience of receiving information about the Dispensaries. Through the Site and the App, Green Rush performs pre-verification checks (that are serviced through a third party) on behalf of the Dispensaries of Customers, Qualified Patients and/or their Primary Caregivers (together, “Customers”) as defined by the California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUSCRA”), but we do not act in any way as a medical or adult- use cannabis retailer or delivery service and so we have no responsibility or liability for any delivery services provided to You. While we make every effort to provide you with information concerning Dispensaries, some Information may be outdated and/or irrelevant. Also, we neither endorse nor are responsible for the accuracy or reliability of any Information, content, quality of goods or services offered by the Dispensaries and cannot make any representations or warranties with respect to whether the Dispensaries are compliant with applicable rules and regulations. All questions regarding Dispensaries’ products and/or services featured on the Site, the App, and/or the Services should be directed to the appropriate Dispensaries and/or appropriate regulatory body.
3. Privacy Statement
4. Changes in Terms
Green Rush shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the App, and/or the Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, (i) posting the revised or additional terms and conditions on the Site and the App, (ii) by sending you an e-mail communication to the last e-mail address you provided to us, and/or (iii) by requiring you to check a box indicating your assent to the updated terms. You are responsible for reviewing the Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Green Rush to these Terms. ANY ACCESS OR USE OF THE SITE, THE APP, AND/OR THE SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than by Green Rush shall be valid or enforceable against Green Rush unless expressly agreed to by Green Rush in a writing signed by a duly authorized officer of Green Rush.
The Applications, Sites and Services are intended solely and only available to individuals who are at least twenty-one (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please note that certain of the products offered through the Applications, Sites and Services require you to be at least twenty-one (21) years of age to access and use such Applications, Sites and Services. Please check the applicable Additional Terms for such Applications, Sites and Services for further information. Without limiting the foregoing, the Applications, Sites and Services are not available to minors or suspended members or users. Further, your account and user ID for any of the Application, Sites or Services may not be transferred or sold to another party. If you are registering as a business entity, you further represent that you have the authority to bind the business to these Terms and any other related or pertinent agreements. If you do not have such authority, you will be held individually liable for all actions taken under your user ID. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
Our Application, Sites, Products and Services may contain regulated products, which may include minimum purchasing and usage age requirements. An age verification check may occur during the registration process in order to confirm that you are of legal purchasing age and we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations. Only persons of legal purchasing age and that have been age verified can purchase, access, or use the Application, Sites and/or Services.
6.1 These Terms are effective until terminated by Green Rush. Green Rush may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site, the App, and/or the Services and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, limitations of liabilities, and the Binding Arbitration Clause (Sections19.2) set forth in these Terms shall survive termination. Green Rush shall also have the right without notice and at any time to terminate the Site, the App, and/or the Services or any portion thereof, or any products or services offered through Green Rush, Site, the App, and/or the Services, or to terminate any individual’s right to access or use the Site, the App, and/or the Services or any portion thereof.
6.2 You may terminate your account at any time by sending an e-mail to email@example.com with the subject line, “Terminate Account.” Your account will terminate upon the date the correspondence is received by Green Rush. Subject to Section 4.1, you may reapply for a user account at a later date.
6.3 You may always cancel or modify marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your User Account and changing your communication preferences. This will not affect subsequent subscriptions, and if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited. Subsequent or different subscriptions will remain unaffected.
7. Compliance with All Laws
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Site, the App, and/or the Service.
7.1 Compliance with Federal Law. You warrant that Green Rush is only to be used by residents of the State of California and that Dispensaries and Patients are regulated by the State of California. You also acknowledge that while medical marijuana has been authorized by the people and legislature of the State of California, the federal government continues to regulate drugs through the Controlled Substances Act (“CSA”) (21 USC §811). In particular, United States federal law considers any use or interstate transportation of marijuana as a criminal offense, which could carry fines and/or subject you to arrest and/or prosecution by federal officials. Accordingly, you acknowledge that neither holding a valid state medical marijuana license nor transporting marijuana in interstate commerce is a defense under United States federal law.
7.2 Compliance with State Law. You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in all States unless all participants are acting completely within the scope of the State’s respective medical and/or adult-use cannabis laws, rules and regulations. You must abide by and follow the laws of the state and municipality in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the state and municipality of your residency.
The text, images, photographs, graphics, logos, illustrations, descriptions, visual interfaces, interactive features, graphics, designs, data, computer code, software, aggregate user review ratings and other material provided on the Site, the App, and/or the Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” All Content is owned by the Company. The Content may contain errors, omissions, or typographical errors or may be out of date. Green Rush may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Green Rush in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Green Rush or by third parties that have licensed their use to Green Rush. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms and shall remain the property of Green Rush and/or its licensors and/or suppliers. Except as provided in the foregoing, Green Rush does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, the App, and/or the Services, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Green Rush, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site, the App, and/or any Services or Information. Nothing contained on the Site, the App, and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Green Rush and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Green Rush, our licensors or suppliers, or the third party owner of any such trademark and/or copyright. Use of Content is strictly prohibited unless authorized in writing by Green Rush and requests for permission should be directed to firstname.lastname@example.org. The Site, the App, and the Information is the property of Green Rush and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other company and product names and logos are trademarks or registered trademarks of their respective owners.
9. Creating An Account
By creating a User Profile, you agree that:
You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, the Company may suspend or terminate your account and refuse you any and all current or future access to or use of the Application, Sites and Services (or any portion thereof). If you fail to update your information in a timely manner, then the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow the Company to suspend or terminate your account, and refuse you any and all current or future access or use of the Application, Sites and Services (or any portion thereof).
You are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity;
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Application, Sites or Services using your name, username, or password;
You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;
You will not post libelous content or create false or misleading reviews or posts; and
You will not sell, transfer, or assign your account or any account rights.
The Company is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the Application, Sites and Services, at our sole discretion and without advance notice or liability.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. The Company assumes no responsibility or liability for any issues, problems or Content on your User Profile.
9.2 User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. The Company does not review each User Profile to determine if they were created by an appropriate party. In addition, The Company is not responsible for any unauthorized User Profiles that may appear on the Application, Sites and/or Services. If you believe that a User Profile listed on one of the Applications or Sites is unauthorized, fake, fraudulent or otherwise improper or misleading, please send an email
9.3 You agree not to transfer or resell your use of or access to the Site, the App, and/or the Services to any third party, that it is a violation of these Terms to sell or divert in any way the medication received to any other person and/or entity, and you hereby represent and warrant that you will not engage in any such activities; otherwise, Green Rush may immediately terminate your access and use of the Site, the App, and/or the Services in the event it suspects you are violating this provision. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at email@example.com.
10. Third Party Links
The Applications, Sites or Services might display, include or make available Third-Party Content (including data, research, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third party Offers (as defined below) (collectively, the "Third Party Materials"). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party's terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Applications, Sites or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers or other third parties to access and purchase products listed on our Apps, Sites and Services (collectively, the “Offers”). Offers constitute “Third Party Materials” under these Terms. The Company may display these Offers on the Applications, Sites and Services as a form of advertisement for the third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions or restrictions are expressly included on the Applications, Sites or Services. The Offeror, and not the Company, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
11. User Content
11.1 You will be provided with opportunities to interact with the Site and the App including, but not limited to, features such as user ratings of the Dispensaries, saved favorites, liked items and bookmarked Dispensaries (collectively, “Ratings”). By submitting User Content, you represent and warrant that you are the owner of such User Content and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Site and the App (collectively, “User Content”).
11.2 You grant Green Rush an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your User Content on the Site and the App and in all media now known or hereinafter devised (collectively, the "Uses"), without notification to and/or approval by you. You further grant Green Rush a license to use your username and/or other user profile information including, but not limited to, your ratings history and how long you have been a member of Green Rush, to attribute User Content to you, if we choose to do so, again without notification to and/or approval by you.
11.3 By submitting User Content, you agree:
That you own, or have the necessary licenses, rights, consents and/or permissions to all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights to your User Content, and to any other works that you incorporate into your User Content;
That you are responsible for anything you submit to, or through the use of, the Applications, Sites or Services and agree that the Company does not have to post or keep posted anything you provide. Once posted on the Applications or Sites or on the Internet, it is not always possible to remove, especially if multiple copies exist. Although the Company will be diligent to ensure your privacy, when User Content is uploaded to the Applications, Sites or Services, or posted on any social media platforms with a tag or reference to the Company, you give the Company complete permission to make it available in multiple forms. If any of your User Content is acquired and used by a third party in a way that violates these Terms or any Additional Terms, you agree that the Company can take legal action against the third party and that the Company shall not be obligated to distribute any recovered sums to you that may be obtained in connection with such legal proceedings;
That, and represent and warrant that, submission of your User Content will not cause injury to any other person or entity using the Applications, Sites, Services, or otherwise, and the Company is under no obligation to post any User Content that you provide, and reserves the right to post our own versions of your User Content as Company Content in our sole discretion;
To fully assign the Company the right to pursue enforcement of copyright, trademark, trade secret and other intellectual property related claims against third parties that have, without receiving proper authorization, and in violation of these Terms or any Additional Terms, scraped, manipulated, copied, derived, distributed or otherwise improperly or illegally used and benefited from User Content that has been provided to the Company by you;
hat you have the written consent, release, and/or express permission of each and every identifiable person in your User Content to use such person's name and/or likeness in your User Content for any use permitted by these Terms;
That you will not post, transmit, broadcast or otherwise make available any User Content that is unlawful, misleading, harmful, bigoted, offensive, profane, insensitive, obscene, tortious, libelous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (hereinafter, “Offensive Content”);
That you are at least of legal age to use the products, Sites, Apps, and/or Services, being no less than eighteen (18) years old (or twenty-one (21) years old, as applicable), and you acknowledge that persons under legal age may not submit User Content to the Company, the Applications, Sites or the Services; and
That the Company may, in its sole discretion, monitor the User Content you submit and any other communications that you may have, but is under no obligation to do so.
11.4 By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
11.5 User Content transmitted to certain parts of the Site and the App may be posted in public areas on our Site and the App, including without limitation in a compilation format, and publicly visible and accessible. Green Rush and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
12. Limited License
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license to install and use the software the Company makes available for mobile devices ("Mobile App"), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third party app platform from which you received the Mobile App ("App Platform"). You acknowledge that these Terms concern you and the Company, and not the App Platform. The Company, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.
13. Code of Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Applications, Sites or Services. In connection with your access or use of any of the Applications, Sites or Services, you may not and will not:
Engage in spamming or phishing attacks;
Transmit, upload, post, broadcast or otherwise make available (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
Restrict or inhibit any other visitor from using the Site, the App and/or the Services, including, without limitation, by means of “hacking” or defacing any portion of the Site, the App, and/or the Services;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Insult, threaten, stalk, harass, mislead or deceive other users of the Applications, Sites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
Transmit, upload, post, broadcast or otherwise make available any Materials that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services, the Site and/or the App;
manipulate the price of any item or interfere with any other user's listings, reviews, and products and Information;
distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any related content;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site, the App and/or the Services;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the App, the Services or Information;
Use the Site, the App, Information and/or Services in any manner that is unlawful, including accessing the Site, the App, the Services and/or Information from any location where such access may be illegal or otherwise prohibited. You must only use an access point or data account (AP) which you are authorized to use;
“Frame” or “mirror” any part of the Site and the App without our prior written authorization;
Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the App, the Services or their contents;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
Harvest or collect information about the Site’s or the App’s visitors or members without their express consent;
Intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations and/or guidelines having the force of law;
Send electronic transmissions (including but not limited to interactive monetary offers, audio-video communications, email, search queries, chat and other Internet activities) as interstate communications;
Circumvent any technical measures we use to provide the Services; or
Assist any third party with any of the foregoing.
You fully understand, acknowledge and agree that the Company may, under certain circumstances and without prior notice, immediately terminate your User Profile and access to the Applications, Sites, Services and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Applications and/or Sites; (4) discontinuance or significant modification to the Applications, Sites or Services, or any related or affiliated application or website owned and/or operated by the Company (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of your account, which shall be determined by the Company; (7) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the purchase or use of the Applications, Sites or any related or affiliated Service, business or website. Termination of a User Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent you from using our Applications, Sites and Services in the future. The Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
14. Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Green Rush has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site, the App, and/or the Services (the “Designated Agent”). Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, the Company will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Applications or Sites.
All such notifications relating to the Site, the App, and/or the Services must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:
Your physical or electronic signature;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Site, the App, and/or the Services;
Information to permit Green Rush’s agent to contact you: your address, telephone number and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
The Notice, with all above items completed, must be delivered to the Company at the following address: Green Rush Legal Department firstname.lastname@example.org.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
15. Limitation on use of the Site
15.1 We have no obligation to monitor the Site, the App, the Services or any postings or other materials (such as Ratings) that you or other third parties transmit or post on the Site, the App, and/or the Services (collectively, the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the App, the Services and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site, the App, and/or the Services properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the Site and the App are not necessarily those of Green Rush or its affiliates, and Green Rush makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, the App, the Services, or forums by third parties, whether such third parties are visitors to the Site and the App, members of the Site or the App or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the Site, the App, and/or the Services. You agree that, if there is a dispute between users of this Site, the App, and/or the Services, or between a user and any third party, including the Dispensaries, Green Rush is under no obligation to become involved, and you agree to release Green Rush and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Site, the App, and/or the Services.
15.2 You represent and warrant to Green Rush that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into these Terms and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.
15.3 By posting or submitting content on or to the Site, the App, and/or the Services (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Green Rush , and its affiliates, agents and third party contractors the right to display or publish such content on our Site, the App, and/or the Services and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site, the App, and/or the Services, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
15.4 You grant a non-exclusive license to Green Rush with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by Green Rush as it may determine and at its sole discretion in any medium now known or hereafter developed. Green Rush reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material for purposes including but not limited to education, publicity and promotion.
16. Ratings/Review/Feedback Policy
An important part of the Company community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible (“Ratings”). Part of that openness is acknowledging that certain behaviors are not acceptable. Ratings are considered Materials and are governed by these Terms including, but not limited to, your agreement regarding the standards of conduct set forth herein. Ratings do not reflect the views of the Site, the App, or Green Rush. We strive to maintain a high level of integrity with our Ratings and other Materials. All Ratings must be legitimate. The Company retains the right to remove any content posted on or submitted through any of its Applications, Sites or Services. However, the only User Content likely to be removed is that which violates these Terms or the rules or guidelines on the applicable Application, Site or Service regarding reviews, comments, feedbacks and other User Content (the "Review Policies"). Please note, the Review Policies of each Application, Site or Service may differ. Please consult the relevant Application, Site or Service to learn about its applicable Review Policy.
Please note, the Company is under no obligation to enforce these Terms or any of the Review Policies on your behalf against another user. While the Company encourages you to let us know if you believe another user has violated these Terms or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.
17. Disclaimers of Warranties
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT UNLESS OTEHRWISE PROVIDED IN THESE TERMS:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE (INCLUDING ALL INFORMATION), THE APP, ARE AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED ON A “AS IS” AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE APPLICATIONS, SITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE APPLICATIONS, SITES AND SERVICES, AND ALL AFFILIATED SITES, FEATURES, SERVICES, COMMUNICATIONS AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE APPLICATIONS, SITES OR SERVICES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS, SITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATIONS, SITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE OR OTHER PROGRAM.
NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE PRODUCTS, APPLICATIONS, SITES, SERVICES OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
VETTING BY THE COMPANY OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, ARTICLE, RESEARCH MATERIAL, REVIEW, RELATED MEDIA, POSTING OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE APPLICATIONS, SITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICEABLE. AS A RESULT, THE COMPANY CANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, RESEARCH, POSTINGS OR OTHER CONTENT OR MATERIAL POSTED VIA THE APPLICATIONS, SITES OR SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE SITES OR SERVICES.
GREEN RUSH AND GREEN RUSH’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, THE APP, THE SERVICES AND/OR INFORMATION. GREEN RUSH AND GREEN RUSH’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE, THE APP, AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE, THE APP, AND/OR THE SERVICES.
THROUGH YOUR USE OF THE SITE, THE APP, THE SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. GREEN RUSH AND GREEN RUSH’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
SOME STATES AND PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SO THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW IMPOSES IMPLIED WARRANTIES ON SITE, THE APP, THE SERVICES OR INFORMATION NOTWITHSTANDING THE FOREGOING, SUCH IMPLIED WARRANTIES SHALL NOT HAVE A DURATION GREATER THAN ONE YEAR FROM THE RELEVANT PURCHASE OR ACCESS DATE; SHALL TERMINATE AUTOMATICALLY AT THE END OF SUCH PERIOD; AND SHALL BE DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE.
18. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS OR SECURE ACCESS TO ITS SITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT AND NETWORK, AND OPERATION OF THE APPLICATIONS, SITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF THE COMPANY’S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) USE OR THE INABILITY TO USE THE COMPANY’S APPLICATIONS, SITES, AND/OR SERVICES; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE APPLICATIONS OR SITES OR OTHER AFFILIATED OR RELATED SITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATIONS OR SITES; (5) THE FAILURE OF ANY OFFEROR TO TIMELY PROCESS AN OFFER; (6) ANY ACTIONS OR INACTION WE TAKE AS A RESULT OF COMMUNICATIONS FROM YOU TO THE COMPANY; OR (6) ANY OTHER MATTER RELATING TO THE COMPANY’S SITES, ANY AFFILIATED OR RELATED COMPANY SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER ENTITY OWNED OR OPERATED BY THE COMPANY. FURTHER, THE COMPANY IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN USERS, AND THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, DISPENSARIES, DISTRIBUTORS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE COMPANY’S APPLICATIONS, SITES OR SERVICES.
THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PRODUCTS, APPLICATIONS, SITES, SERVICES, OR MATERIALS AVAILABLE FROM THE APPLICATIONS, SITES AND SERVICES, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE AFOREMENTIONED, IF THE COMPANY IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (1) THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100.
SOME STATES, COUNTIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Release of Waiver of Claims; Assumption of Risk
You HEREBY AGREE TO THE FOLLOWING: (i) to waive any and all claims that you have or may have against the Company and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants and agents resulting from use of the Applications, Sites and Services, and (ii) to release the Company and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants and agents from any and all liability from any loss, damage, injury (whether bodily or monetary), or expense that you or any users of the Applications, Sites and Services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including but not limited to negligence or breach of contract on the part of the Company, in the design or manufacture of the Applications, Sites and Services.
20. Indemnity and Release of Claims
You agree to indemnify and hold the Company (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of any of the Company’s Applications, Sites or Services, (ii) your User Content, (iii) your violation of these Terms or any Additional Terms, (iv) your violation of applicable laws or regulations; or (v) your willful misconduct. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Company (and its owners, directors, managers, officers, shareholders, employees, independent contractors and agents and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of, other Applications, Sites or Services or Third Party Materials, and (ii) any liability suffered as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of the Company in the design of its Applications, Sites, or Services.
If you are a California resident or resident of a state with a similar applicable law, you hereby waive California civil code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
21. Force Majeure
None of Green Rush or Green Rush’s Representatives are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Green Rush, including natural disasters, acts of God, war, terrorism actions, DNNEC attacks, or decrees of governmental bodies, exchange of market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of Green Rush and Green Rush’s Representatives with respect to the effected elements under these Terms will be suspended for the duration of such Force Majeure Event.
22. Dispute Resolution
22.1 Informal Dispute Resolution. If you have any issues or problems concerning the Site, the App, and/or the Services, we encourage you to notify us immediately at email@example.com. so that we can attempt to resolve your issue. Most issues or problems can be resolved quickly and amicably. However, in the event that that you or Green Rush or Green Rush’s Representatives are unable to come to an amicable resolution within 15 days of your submission, you or Green Rush or Green Rush’s Representatives may bring a formal proceeding.
22.2 Formal Dispute Resolution: Binding Arbitration. You agree that any and all disputes will be submitted to and finally determined by arbitration as set forth in Sections 19.3-19.9 below. In such case, you would incur additional expense in connection with such arbitration. The decision of the arbitrator will be final and binding and neither Green Rush and its Representatives nor you will have the right to appeal such decision, whether in a court or in another arbitration proceeding. You understand that, by agreeing to arbitrate disputes as provided in these Terms, you, Green Rush, and Green Rush’s Representatives are waiving any and all statutory and other rights that we may have to a trial by jury in connection with any such dispute, claim or controversy. You may decline this agreement to arbitrate by e-mailing us at firstname.lastname@example.org within 30 days of first accepting these Terms. Notwithstanding the provisions of this section and Sections 19.3-19.6; 19.8-19.9 and subject to Section 21, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you, Green Rush, and Green Rush’s Representatives are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless you, Green Rush, and/or Green Rush’s Representatives agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
22.3 Arbitration Procedures. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_0.pdf and a separate form for California residents at www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/active-rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration will be conducted by one impartial arbitrator (who may be a former judge, practicing attorney or person who is not an attorney), selected by mutual agreement or, if you and Green Rush cannot agree, the arbitrator will be selected in accordance with the AAA Rules.
22.4 Arbitration Process and Applicable Law. Unless you and Green Rush otherwise agree, the arbitration will be conducted in San Francisco, California by one arbitrator. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Green Rush submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will not award punitive damages to either party and you and Green Rush will each be deemed to have waived any right to such damages. The arbitrator will, in rending his or her decision, apply the substantive law of the State of California (excluding its choice of law rules that would require the application of the laws of another jurisdiction). The award of the arbitrator will be rendered within the time frame specified in the AAA Rules. It will include a written explanation of his or her decision and specify the basis for any damages, which may include the costs and expenses of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above (Section 16) as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The written decision of the arbitrator will be final, binding and non-appealable and may be enforced in any court of competent jurisdiction.
22.5 Arbitration Fees. Except for the limitations on fees as set forth in Section 19.4 above, your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If your claim for damages is less than $75,000, however, Green Rush will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
22.6 Confidentiality. The arbitration proceeding will be confidential. The existence of any matter submitted to arbitration, and the award, will be kept in confidence by you, Green Rush, and the arbitrator, except as required in connection with the enforcement of such award or as otherwise required by applicable law.
22.7 Exceptions to Agreement to Arbitrate. Either you or Green Rush may assert claims, if they qualify, in small claims court in San Francisco, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, the App, and/or the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
22.8 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
22.9 Venue for Other Types of Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Green Rush agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Green Rush consent to venue and personal jurisdiction there.
23. Electronic Documents
We may, in our sole discretion, seek your consent to these Terms and certain other agreements on the Site, the App, and/or the Services by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms, affirmatively “click” on boxes containing the words, “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms or accessing the Site, the App, and/or the Services or using any of the Information or Content after you have had an opportunity to review these Terms, you acknowledge and agree: (i) that you and, where applicable, the Patient and/or Primary Caregiver on whose behalf we grant you access to the Site, the App, and/or the Services intend to form a legally binding contract between you and Green Rush; (ii) that you have read and agree to the terms and conditions of these Terms; (iii) that you agree and intend that these Terms to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms, you acknowledge that you have received a copy of these Terms by your viewing a web page containing a hyperlink to the web page where these Terms are displayed or otherwise; and (v) that if you are executing these Terms on behalf of others, you hereby certify that you are an authorized representative authorized by law.
24. United States Export & Foreign Assets Control Regulations
The Site, the App, and the Services are controlled and operated from its facilities in the United States. We do not represent that the Information or Materials in the Applications, Sites or Services are appropriate or available for use in any particular location. Those who choose to access and use the Applications, Sites or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list or on any other U.S. Government list of prohibited or restricted parties.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
These Terms are governed and construed in accordance with the laws of the State of California, without giving effect to the choice-of-law rules of that State. You agree to submit to the exclusive jurisdiction of the federal courts of California for resolution of disputes relating to or arising out of these Terms. In the absence of federal jurisdiction, you agree to submit to the exclusive jurisdiction of the state court located in San Francisco County, California, United States of America. You agree to waive any jurisdictional, venue or inconvenient forum objections to such courts. All disputes shall be resolved in the English language.
These are the entire Terms between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms or any right, obligation or remedy hereunder are not assignable, transferable, delegatable or sublicensable by you except with Green Rush’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Green Rush may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion.
27. Contact Us
Should you have any questions, comments or complaints regarding these Terms, the Site, the App, or the Services, please contact us at email@example.com to speak to a representative