This Site and the services provided to you are provided on an "AS IS" basis. You agree that GRNA LLC ("GRNA") reserves the right to modify or discontinue this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. GRNA will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
2. Your responsibilities and registration obligations
4. Your conduct
You agree that all information or data of any kind ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. GRNA will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site or any service provided, you explicitly agree that:
you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
you will not collect or harvest any information about other users;
you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without GRNA prior written consent;
you will not provide any content that may give rise to GRNA being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
5. Submission of content on this Site
By providing any content to this Site:
you agree to grant GRNA a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant GRNA the license specified in this section;
you acknowledge and agree that GRNA will have the right (but not obligation), at GRNA entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
6. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. GRNA will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
8. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND GRNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GRNA MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER GRNA NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT GRNA WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRNA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GRNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, GRNA is not permitted to limit liability and, therefore, such limitations may not apply to you. If allowed by law and not withstanding the foregoing, the GRNA maximum liability shall be limited to $100.00.
10. Reservation of rights
GRNA reserves all of the GRNA rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that GRNA may have in respect of this Site , its content, and goods and services that may be provided. The use of GRNA rights and property requires GRNA prior written consent. By making services available to you, GRNA is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that GRNA may have with respect to this Site without GRNA prior written consent.
11. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact GRNA at:
PO Box 165165
Irving, TX 75016
Attn: Legal Department
12. Applicable law
13. Miscellaneous information
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your GRNA eGift Card and your relationship with us. Any dispute or claim arising out of or relating to these terms or use of the eGift Card and your relationship with GRNA or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. For all disputes, you must first send a written description of your claim to GRNA LLC, Attn: Legal Dept., P.O. Box 165165, Irving, TX 75016-5165 to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, we will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
These terms shall be governed by and construed in accordance with the laws of the State of Texas notwithstanding any conflict of law rules.