GREENSPOT JC, LLC TERMS OF USE

Effective Date: August 12, 2024

These Greenspot JC, LLC (“Company”) Terms of Use (“Terms of Use”) and Privacy Policy, as each is amended from time to time, as well as any other rules and restrictions set forth on the Sites (defined below), apply to you when you view, access, or otherwise use the website located at https://greenspot.com (the “Website”), the Company’s application (the “App”), and the Greenspot services and support (“Services”) made available through same (all of the foregoing, including the Websites and App, collectively, the “Sites”). For the avoidance of doubt, these Terms of Use govern your use of the Company’s Services except to the extent such Services are governed by a separate agreement you entered with the Company. 

The Sites are owned by Greenspot JC, LLC, a New Jersey limited liability company, with offices at 155 2nd Street, Jersey City, New Jersey 07302 (United States) and for the purposes of these Terms of Use, the terms “we,” “us,” “our,” and “Company,” refer to Greenspot JC, LLC and its affiliates. “You” refers to you, as a user of the Sites and Services. By accessing the Services or using the Sites, you are acknowledging that you are the age of consent in your location, or you have the consent of a legal parent or guardian, and that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Services and Sites and, accordingly, you should not do so.

These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Sites or our Services. By using the Sites or accessing our Services, you are agreeing to this release.

The Company reserves the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on the Sites. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Sites following changes, you agree to be bound by the changes.

  1. USE OF THE SITES, SERVICES AND CONTENT

PERMISSION TO USE THE SITES

Your use of the Sites or Services is subject to the terms and conditions in these Terms of Use, and includes the limitations set forth below.

LIMITATIONS ON USE OF SITES AND SERVICES

You agree that your use of the Sites and Services is subject to the following limitations:

  • You agree not to distribute in any medium any part of the Sites or Services without our prior written consent.
  • You agree not to alter or modify any portion of the Sites except for content that you provide to the Sites that is designated as editable by visual indications on the Sites.
  • You agree not to copy, reproduce, distribute, display portions of, or link to this Sites contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Sites, or the use of the Sites to generate advertising or subscription revenue).
  • You agree to use the Sites and Services only for lawful, personal, and informational purposes, and you agree that you will not use the Sites or Services in any manner which violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party.
  • You agree not to interrupt or attempt to interrupt the operation of the Sites or Services. You agree not to use the Sites or Services in any manner designed to degrade the performance or functioning of the Sites or Services. You agree not to post or transmit into or on the Sites any information or software that contains a virus, bug, worm, Trojan horse, or other harmful or disruptive element. You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Sites for information or to fill out forms on the Sites. You also agree that the web and email servers maintained by Company and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose.
  • You agree not to post or transmit into or on the Sites any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind.
  • You will not attempt to gain unauthorized access to the Sites or the servers and network associated with the Sites. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Sites, or the servers and network associated with the Sites.

You should assume that everything you see or read on this Sites or through the Services may not be used except as provided in these Terms of Use or in the text on the Sites, without the written permission of Company. The Company reserves the right to change, suspend, or discontinue any aspect of the Sites at any time, including the availability of any feature, database, or content. The Company may also impose limits or charge fees on certain features and services or restrict your access to parts or all of the Sites without notice or liability. Without limiting the preceding sentence, the Company further reserves the right to limit or deny you access to the Sites and Services or take other appropriate action if you violate these Terms of Use or engage in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post, or in any way exploit the Sites or Services in any manner or for any purpose.

INTELLECTUAL PROPERTY; OWNERSHIP; COPYRIGHT PROTECTION

The Sites and all content, information, data or materials available on the Sites or Services (“Content”) contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Company or the party listed as the provider of the applicable Content. The Sites, Services and all Content is provided “as is” solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE CONTENT IS PROHIBITED.

Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other Content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of the Sites’ brand image, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained on the Site (the “Intellectual Property”). Your use of the Site does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the Sites, as well as any Graphics or Programming. The contents of the Sites and Services, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, reverse engineered, commercialized, or otherwise used or exploited including for competitive research purposes, without the express prior written permission of Company, except as otherwise provided herein. Company neither warrants nor represents that your use of materials displayed on the Sites and through the Services will not infringe rights of third parties not owned by or affiliated with Company.

DMCA POLICY

Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office Sites at https://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to claims of copyright infringement committed using the Company Sites if such claims are reported to Company’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of Notice as described below, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Sites.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:

To:      GREENSPOT JC, LLC Copyright Agent

            info@greenspot.com or

            155 Second Street, Jersey City, NJ 07302

USE OF IMAGES

Images of people or places displayed on the Sites and through the Services are either the property of, or used with permission by, Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites and through the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No use of any other images may be made without the prior written authorization of the owners of this Sites, except to identify the products or services of Company.

TRADEMARKS

Company’s logo is a trademark of Company. In addition, all trademarks, trade names, logos, taglines, service marks, trade dress, designs, and products (collectively the “Trademarks”) displayed on the Sites and through the Services, whether marked or unmarked, are US and internationally registered and/or unregistered Trademarks of Company or their respective owner. Nothing contained on the Sites and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Sites other than display of the Sites in a browser for individual use without the written permission of Company or such third party that may own the Trademarks displayed on the Sites. Your use of the Trademarks displayed on the Sites and Services, or any other content on the Sites and Services, except as provided in these Terms of Use, is strictly prohibited. Other marks, product names, and company names appearing on the Sites or Services are trademarks and/or service marks of Company and/or their respective owners and are protected by law. Company marks may be used publicly only with permission from Company. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

LINKS TO OTHER SITES

Links may appear on the Sites to third party website(s) which are not owned or operated by Company (“Linked Websites”). These links are provided solely as a courtesy to our Site’s visitors. Company reserves the right to add, change, decline, or remove any link at any time. Each Linked Website may have an individual privacy policy and/or terms of use, which govern your use of and access to such Linked Website, and we recommend that you review the policies applicable to the Linked Websites prior to your use of such Linked Website. Company is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through Linked Websites or any privacy or other practices of such Linked Websites.

  1. PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Sites and Services is also subject to our Privacy Policy which can be found https://greenspot.com/privacy-policy/

ACCURACY AND SCOPE OF CONTENT ON SITES

Company strives to accurately describe its Services and to provide updated information on the Sites. However, Company does not warrant that descriptions and information on the Sites and Services are complete or free from error. Company has no obligation to update the Sites or Services, and there is a possibility that Content may be out of date. Company shall not be liable for any damages or injury resulting from your access to, or inability to access, the Services or this Sites, or from your reliance on any information provided at this Sites or during the Services.

III.      DISCLAIMERS

NO WARRANTY

THE SITES AND SERVICES MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS,” “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS “COMPANY” FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, AND SERVICES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; THAT ACCESS TO OR OPERATION OF THE SERVICES AND SITES WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR FREE; THAT THE SITES AND OUR SERVERS ARE SECURE; OR AS TO THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED ON OR THROUGH THE SERVICES AND SITES; AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE SITES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, INFORMATION, CONTENT, SERVICES, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITES.

LIMITATION OF LIABILITY

COMPANY SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST PROFITS) UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE AND SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SERVICES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SERVICES AND/OR SITES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Company’s liability is limited to the extent permitted by law, thereby minimizing Company’s liability to you to the lowest amount permitted by applicable law.

INDEMNIFICATION; WAIVER OF CERTAIN ACTIONS

You agree to defend, indemnify, and hold harmless Company and its subsidiaries, affiliates, partners, officers, members, managers, agents, contractors, licensors, services providers, subcontractors, suppliers, interns, and employees, for any losses, damages, judgments, penalties, fees, fines, interest, or costs, including without limitation, reasonable attorneys’ fees (“Losses”), resulting from any claim, cause of action, proceeding, administrative action or demand (“Claims”) brought or asserted by a third party due to or arising out of your (i) use of or access to the Sites or its products or Services; (ii) use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure; (iii) violation of any third-party proprietary or other rights, or breach of these Terms of Use or the documents they incorporate by reference; (iv) violation of applicable law; (v) negligence or willful misconduct; and/or (vi) acts or omissions that result in personal injury, death, or damage to property.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION SUIT AGAINST COMPANY IN CONNECTION WITH YOUR USE OF THE SITES OR SERVICES INCLUDING WITH RESPECT TO ANY CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT.

  1. GOVERNING LAW; DISPUTE RESOLUTION

DISPUTE RESOLUTION; VENUE

You and Company agree that we will first attempt to resolve any legal or equitable claim relating to these Terms of Use (referred to as a “Claim”) informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. You will send your notice to Greenspot JC, LLC, at 155 Second Street, Jersey City, NJ 07302. If we cannot resolve a Claim informally, you and Company each agree to submit to personal jurisdiction in the State of New Jersey and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate New Jersey or federal court in New Jersey, provided that neither you nor Company shall be precluded from filing a Claim in New Jersey small claims court for disputes within the small claims court jurisdictional level.

GOVERNING LAW AND JURISDICTIONAL ISSUES

These Terms of Use and your use of the Services and Sites are governed in all respects by the substantive laws of the State of New Jersey and of the United States of America. The Services and Sites is intended for and directed to residents of the United States and all information, advertising, and claims contained on the Services and Sites are valid in and applicable only to the United States.

  1. MISCELLANEOUS

SUGGESTIONS AND FEEDBACK

Company welcomes feedback or inquiries about our products. “Feedback” includes, but is not limited to, all ideas, concepts, improvements, processes, suggestions, techniques, and methodologies you submit to Company. If you elect to provide any Feedback or comments of any nature to Company, all of such Feedback and comments shall be the sole and exclusive property of Company, and Company shall have the right to use such Feedback in any manner and for any purpose in Company’s discretion without remuneration, compensation, or attribution to you, provided that Company is under no obligation to use such Feedback. If ownership cannot be transferred by operation of law or other limitations on assignability, you, by means of submitting your Feedback, grant to Company a non-exclusive, perpetual, royalty-free, fully paid up, worldwide, irrevocable, sublicensable, and transferable license and right to use and exploit such Feedback. You grant Company a perpetual, royalty-free, fully paid up, worldwide, irrevocable, sublicensable, and transferable license to use any and all data provided or made available to Company in de-identified or aggregated form.  

INDEPENDENT CONTRACTOR

It is understood and agreed that, to the extent Company is providing Services to you, Company is an independent contractor and is not, nor shall be considered to be, an agent, distributor or representative of the other. Neither Party shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other.

ENTIRE AGREEMENT, ASSIGNMENT, AND INTERPRETATION

Your use of Greenspot’s Services may require you to enter into a definitive agreement with Greenspot (“Definitive Agreement”). Any such Definitive Agreement shall set forth additional terms and conditions which will govern your use of the Services. Except for any Definitive Agreement, these Terms of Use are the complete and exclusive agreement between you and Company, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and Company. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

FORCE MAJEURE

Notwithstanding anything to the contrary contained herein, neither party shall be liable for delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, pandemics, viruses, loss of data due to technological failure, civil unrest, government actions or other causes beyond its reasonable control.

CONTACT US

If you have any questions, comments, or concerns about these Terms of Use, Services and/or the Sites, please send an email to info@greenspot.com.  However, please note that communications made to that address or through the Site’s email and messaging systems shall not be deemed to constitute legal notice to Company or any of its officers, employees, agents, or representatives in any situation where notice to Company is required by contract or any law or regulation. The Sites is © 2023 Greenspot JC, LLC, the Company logo and all other associated trademarks and logos used on the Sites are trademarks of Greenspot JC, LLC. Other company and product names used herein are properties of their respective owners. All rights reserved.