Last Updated: March 23, 2021.
Welcome to Greenleaf Kitchen & Cocktails! We inspire healthier communities by offering the finest and freshest local ingredients to create a modern lifestyle dining experience & catering for all occasions. We pride ourselves in delivering the best dining experience possible whether you are dining with us, or recreating it in your home.
PLEASE READ THIS AGREEMENT CAREFULLY:
UPDATES TO THIS AGREEMENT ACCOUNTS CREATION AND REGISTRATION Your Authorized Use of Our SERVICES CHILDREN CONSENT TO COMMUNICATION AND RECORDING; RIGHT TO OPT-OUT PURCHASE AND DELIVERY OF ALCOHOLIC BEVERAGES IS LIMITED TO USERS AGE 21+ ALLERGEN INFORMATION GOURMET MEAL KITS AND FOOD PREPARATION ORDERS, RETURNS AND REFUNDS REPLACEMENT INGREDIENTS IN MEAL KITS AND PROMOTIONAL INCLUSIONS GIFT CARDS PROMOS and discounts; Rewards Program Content Submitted by You GREENLEAF’S Intellectual Property Rights; U.S. EXPORT CONTROLS Mobile Applications THIRD-PARTY CONTENT AND LINKS TERMINATION DISCLAIMER OF WARRANTY LIMITATION OF LIABILITY INDEMNITY DISPUTES, ARBITRATION AND CLASS ACTION WAIVER NEW JERSEY RESIDENTS GOVERNING LAW AND RULES SEVERABILITY INTERNATIONAL USERS CONTACTING US UPDATES TO THIS AGREEMENT We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated“ legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. Your continued use of our Services will signify your consent to the revised Terms. If we make material changes to this Agreement as required by the applicable law we may post notice on the Service, send you an email to the address we have on file, or post a message in your Account.
ACCOUNTS CREATION AND REGISTRATION Registering Your Account. To access specific features of our Services, you may need to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on our Sites and/or App (an “Account” or “Greenleaf Account”) or a user who has a valid account on a social networking service (“SNS”) through which the user has connected to our Site and/or App (each such personal Greenleaf user account an “SNS Account”). Review and Change Information in Your Account. You can review and change your account information by logging into your Greenleaf account online at greenleafchopshop.com, or by logging into the Greenleaf App. You will need to go to your account profile to edit your information. For questions you may also contact us via the methods noted in the “Contacting Us” section below. We may not be able to change certain information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Access Through a SNS. If you access the Site or App through an SNS, you may link your Greenleaf Account with your SNS Account by allowing us to access your SNS Account (as permitted under the terms and conditions that govern your use of each SNS Account). You represent that you are entitled to disclose your SNS Account login information to us and/or grant us access to your SNS Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the SNS terms and conditions governing your SNS Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting Greenleaf access to any SNS Account, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services that you have provided to and stored in your SNS Account (“User SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all User SNS Content shall be considered to be User Content (as defined in Section 13) for all purposes of the Agreement. Please note that if a SNS Account or associated service becomes unavailable or our access to the SNS Account is terminated by the third-party service provider, then User SNS Content will no longer be available on and through our Sites and/or App. Please note that your relationship with the third-party service providers associated with your SNS accounts is governed solely by your agreement(s) with such service providers, and Greenleaf disclaims any and all liability in relation to your use of such services, your privacy settings, or information provided through those services.
Accurate and Complete Registration Data. If you create an account with Greenleaf, you agree to: (a) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (b) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (c) notify us as soon as possible per the “Contacting Us” information below if you believe there have been any breaches to the security of the Services or your account information; and (d) exit from your Account at the end of each session. Your Responsibilities. You represent that you are (a) at least sixteen (16) years old; (b) of legal age to form a binding contract in the jurisdiction in which you reside; and (b) not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and App by minors. You may not share your Account or password with anyone. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or App if you have been previously removed by us, or if you have been previously banned from any the Site or App.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Account Suspension or Termination. If Greenleaf has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we will have the right to suspend or terminate your Account and refuse any and all current or future use of any of our Services. No Ownership or Property Interest in User’s Account. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit. Your Authorized Use of Our SERVICES By using our Services, including this Site and/or our App, we may allow you to download certain content, applications, software, and other information or materials. We make no representation that these downloads will be error- or malware-free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Greenleaf or a third party, for example an agreement with a mobile application store. Limits on Your Use of the Site and Services. You may not do any of the following without our consent: Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through our Services (including any Site or App) any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising; Post to or transmit through the Services any sensitive Personal Information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us; Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make; Violate, or attempt to violate, the security of the Services; Disseminate or attempt to disseminate on any portion of the Services any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment; Use scripts, macros or other automated means to impact the integrity of Rewards Programs, voting, ratings or similar features; Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites; Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent; Interfere in any manner with the operation or hosting of the Services, or monitor their availability, performance, or functionality; Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from the Services; or Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Services. CHILDREN YOU MUST BE AT LEAST 16 TO ACCESS AND USE OUR SITES AND APPS. Our Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 16. Additionally, the sale of alcohol through our Services is limited to users who are 21 years of age or older. For more information on the purchase of alcohol, please see Section 6 of this Agreement.
CONSENT TO COMMUNICATION AND RECORDING; RIGHT TO OPT-OUT Email Communications. To provide services to you, we may send you email communications related to your transactions, security, or the administration of our Services. From time to time, we may also send you other messages or updates about Greenleaf, our Services, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from us , you may opt-out by clicking the “unsubscribe” link at the bottom of the communication or contact us using the methods specified in the “Contacting Us” section. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
Mobile Communications. Similarly, you may opt-in to receive text messages, telephone calls and mailings. If you elect to receive text messages or phone calls from us, or send a text message to us indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional telephone calls and/or SMS text messages from us, including your consent to marketing messages and calls sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. Message frequency varies. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details. You can opt-out of receiving further text messages or calls at any time by replying “STOP” at any time to any text message you receive from us.
In-Store Security Camera. Our stores may use security cameras to keep employees and customers safe and to look for ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons. Please note that by accepting these Terms you are consenting to your image and/or voice being recorded for security purposes. Phone Please note we may also, with notice as required by law, monitor or record your communications with our employees or customer service staff for training and quality assurance purposes. By accepting these Terms you are consenting to your voice being recorded for these purposes. PURCHASE AND DELIVERY OF ALCOHOLIC BEVERAGES IS LIMITED TO USERS AGE 21+ In addition to our gourmet menu items and meal kits, we also sell alcohol and cocktail kits.
BY USING OUR SERVICES AND ADDING ANY ALCOHOLIC ITEMS TO YOUR PURCHASE, YOU REPRESENT THAT YOU ARE OVER THE AGE OF 21, AND THAT THE PERSON PICKING UP THE ORDER IN ONE OF OUR STORES, OR RECEIVING A DELIVERY WITH ALCOHOLIC BEVERAGES FROM US, IF ANYONE OTHER THAN YOU, IS ALSO OVER THE AGE OF 21. YOU ALSO AGREE THAT ANY ALCOHOL PURCHASED FROM US IS INTENDED FOR PERSONAL CONSUMPTION AND NOT FOR RESALE. YOUR REPRESENTATIONS ARE CRITICAL TO YOUR RIGHT TO USE THE SERVICES. IF YOU INTENTIONALLY OR UNINTENTIONALLY MISREPRESENT YOUR AGE IN ORDER TO OBTAIN OR PROVIDE ALCOHOL TO A PERSON UNDER THE AGE OF 21, WE MAY TAKE ACTION TO PREVENT YOU FROM ACCESSING THE SERVICES AND REPORT YOUR MISREPRESENTATION TO THE APPROPRIATE AUTHORITIES.
ALLERGEN INFORMATION THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION—WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH—ARE STORED, PORTIONED, AND PACKAGED IN GREENLEAF’S AND/OR OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE WE TAKE PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MENU ITEM OR GOURMET MEAL KITS, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED.
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS.
WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT US IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
GOURMET MEAL KITS AND FOOD PREPARATION We use specific materials to refrigerate perishable items and use third-party delivery companies to deliver our gourmet menu items and meal kits (“Gourmet Meal Kits”) to customers. Please note that you are responsible for reviewing the Gourmet Meal Kit upon delivery and inspecting all of the ingredients contained within for any defects or other problems upon delivery. If you are not home when your Gourmet Meal Kit is delivered, it will be left at your door or in a common area. Upon the completion of your review of the Gourmet Meal Kit, we recommend that you place all perishables in your refrigerator.
Risk of Loss & Food Safety. The risk of loss and/or damage passes to you at the time of delivery. As such, you are solely responsible for any preparatory steps, storing the contents of any Gourmet Meal Kits, safely washing all fresh produce prior to inclusion in any meal, and cooking all the ingredients. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products that arrive in the Gourmet Meal Kit, and, pursuant to USDA Guidelines (found here), you should utilize said thermometer to ensure that they are at (or below) 41 degrees Fahrenheit.
ORDERS, RETURNS AND REFUNDS In the event that you are unhappy with any part of your meal or Gourmet Meal Kit, you can reach out to us as described in the “Contacting Us” section below. Please do so within five (5) days of the date you received the unsatisfactory item. In our sole discretion, we may give you credit, and in some situations, issue a partial or full refund for the ingredient or Gourmet Meal Kit. We reserve the right to require either the return of the unsatisfactory ingredient or a photograph of it, before any partial/full refund or credit will be issued.
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
REPLACEMENT INGREDIENTS IN MEAL KITS AND PROMOTIONAL INCLUSIONS Given the perishable nature of many of our ingredients, and that market conditions and product supply are beyond our control, we reserve the right to adjust the quantity of any ingredients on our menu or in a Gourmet Meal Kit, to discontinue the use of any ingredient or product, or to substitute any ingredients on our menus or even entire Gourmet Meal Kits, all without notice. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment.
Additionally, please note that, on occasion, we may include products which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to Section 7 to review our disclaimers related to allergens. Additionally, if you have any questions or concerns about any additional products or materials, please contact our Customer Service Team as described below in the “Contacting Us” section.
GIFT CARDS Purchasing and Using a Gift Card. You may purchase and/or otherwise receive a gift cards or gift certificates, including electronic versions of both (“Gift Cards”), through the Site and/or App. Gift Cards may be redeemed in our brick and mortar stores. Any Gift Card balance will be applied toward your purchase of until the Gift Card is depleted. Not Redeemable for Cash. Gift Cards are not redeemable for cash or credit. Notwithstanding the foregoing, Gift cards with balances of under $10.00 are redeemable for cash in the State of California. To make a request to redeem a gift card with a balance of under $10.00 in California, please contact us as described below In the “Contacting Us” section. Lost or Stolen Gift Cards. We are not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Greenleaf reserves the right to refuse to honor a Gift Card where we suspect that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, please contact us immediately. PROMOS and discounts; Rewards Program Promos and Discounts. Our Sites may advertise promotional discounts, coupon codes, and other offers to be applied upon checkout. These cannot be applied to prior or completed transactions, and must be used at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or used with subscription orders. Only consumers can use promo codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site. Rewards Program. If you elect to opt-in to our Rewards Program (“Rewards Program”) this section applies to you, as do any terms in this Agreement corresponding to the Rewards Program. Eligibility and Suspension. Greenleaf’s Rewards Program is only open to legal residents of the United States who are at least sixteen (16) years old at the time of entry. Rewards Programs are void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate in Rewards Programs. You may only participate in a Rewards Program using one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using a Rewards Program in a manner inconsistent with this Agreement or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under a Rewards Program are accrued correctly. Disputes and Disclaimer. All questions or disputes regarding eligibility for a Rewards Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to a Rewards Program, will be resolved by us in accordance with the Disputes, Arbitration, and Class Action Waiver section. By participating, you agree that all decisions we make regarding a Rewards Program are final. The Rewards Program is subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH ANY REWARDS PROGRAM, WHICH ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
Termination of Rewards Program. Our Rewards Programs continue until we terminate them, which we may do at any time, with or without notice to you. Upon discontinuation of any Rewards Program you may lose all benefits under that Rewards Program, including those yet to be redeemed. We also reserve the right to suspend or modify any Rewards Program, at our discretion, at any time. By continuing to participate in the Rewards Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the prior to implementation. Content Submitted by You Definition of User Content. You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on a Site, upload to us, or transmit through our Services (“User Content”). You agree, represent and warrant that any User Content you post on a Site or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.
By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
GREENLEAF’S Intellectual Property Rights; U.S. EXPORT CONTROLS Non-User Content Is The Property Of Greenleaf. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (the “Content”) are protected intellectual property of, or used with permission or under license by us. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site or App is strictly prohibited. Your Limited License in the Services and Our Content. Subject to your compliance with this Agreement, we grant you a limited license to access and use Greenleaf’s Services and their Content for personal, informational, and shopping purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content. Claims Regarding Copyright Infringement. We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other Content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, and if multiple copyrighted works are to be covered by a single notification, a list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Please also provide information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and your email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. Please note that if you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective.
After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps to promptly notify the uploading user that the material has been removed or disabled at your request. This notification process does not limit our ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
Account Termination for Infringing Behavior. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights. We may, in appropriate circumstances, terminate your account for the site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our copyright agent and provide information sufficient for us to verify that the user is a repeat infringer. S. Export Controls. Certain software from the Services may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any such laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you agree to abide by the laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act applicable to such download or use and not to transfer, by electronic transmission or otherwise, any content derived from Greenleaf to either a foreign national or a foreign destination in violation of any such laws.
Mobile Applications Greenleaf offers mobile applications that you can download to your phone, tablet, or other device (in this section, the “Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE. This Agreement is Limited to You and Us. You acknowledge that this Agreement and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with the you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same. Review Any Applicable App Store Terms. When you use our App, you are subject to additional terms from the App Store Provider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version. Apple End User License Agreement. If you downloaded the Mobile App from the Apple App Store, you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. Google Play Terms of Service. If you downloaded the Mobile App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third-party service, check with the applicable App Store Provider to determine what additional terms may apply. WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. To the maximum extent permitted by applicable law, No app store provider will have any other warranty obligation whatsoever with respect to the mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our responsibility. In the event that the App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. Greenleaf’s Responsibilities. We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. THIRD-PARTY CONTENT AND LINKS The Services contain, or may contain, links to other third-party sites. We make no representations whatsoever about any other web sites which you may access through the Services. When you leave the Services, please understand that we have no control over the content on that web site. A link to a non-Greenleaf site or application does not imply or constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. We make no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site, the App or the Services is terminated pursuant to these Terms, you will not attempt to use this Site, our App or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Greenleaf harmless from any and all liability that may be incurred.
DISCLAIMER OF WARRANTY WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM OUR SERVICES, OR FROM OUR REWARDS PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH ANY SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF ANY AND ALL SITES AND/OR APPS IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY GREENLEAF AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE OUR SERVICES OR REWARDS PROGRAM, OUR SITE AND/OR APP’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
INDEMNITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND THE RELEASEES AND ALL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, SUITS, ACTIONS, LIABILITIES, JUDGMENTS, LOSSES, COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (I) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT; (II) YOUR ACTIVITIES IN CONNECTION WITH A SITE; OR (III) THE CONTENT OR OTHER INFORMATION YOU PROVIDE TO US THROUGH A SITE. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
DISPUTES, ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You and Greenleaf agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Agreement to Binding Arbitration. For all disputes and claims other than those regarding our IP rights as described in Section 14 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating in any way to the Site, the App, or the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be resolved by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.
Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Greenleaf at 1888 Century Park East, Ste 110, Los Angeles CA 90067, Attn: Guest Relations. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration ; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration . JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, we will pay them for you. Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and us shall be subject to the Federal Arbitration Act. WAIVER OF JURY TRIAL. YOU AND WE UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU AND WE WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND WE FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. CLASS ACTION AND CLASS ARBITRATION WAIVER. YOU AND WE EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION, AND YOU AND WE EACH EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND YOU AND WE SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES. Right to Opt-Out of Arbitration. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at email@example.com and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with Greenleaf through arbitration. The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, we also will not be bound by them. Exception—Small Claims Court Claims. Notwithstanding your and Greenleaf’s agreement to resolve all disputes through arbitration, either you or Greenleaf may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Exception—California Private Attorneys General Act (PAGA) Action. Notwithstanding this agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act. Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail at firstname.lastname@example.org . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210. GOVERNING LAW AND RULES This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
INTERNATIONAL USERS Our Services are only offered in the United States. As such, each claim or statement about our products or services is expressly limited to the United States, unless otherwise disclosed.
WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR SERVICES, INCLUDING OUR SITES AND MOBILE APPS OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES.
CONTACTING US If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by emailing at email@example.com