Last Updated: December 4, 2021
THIS FOLLOWING TERMS OF SERVICE DESCRIBES THE TERMS AND CONDITIONS ON WHICH 3GIRLSTECH, LLC (“greenlist”) OFFERS YOU USE OF OUR GREENLIST™ WEBSITE AND ACCESS TO AND USE OF OUR SERVICES INCLUDING OUT PEER-TO-PEER RETURN SERVICE.
greenlist is an online hub to assist users in buying returns in a quick, efficient and eco-friendly manner.
These Terms of Service (the “Terms”) describe the terms and conditions for your use of our websites and services (including use of our peer-to-peer return service) and all the other products, services and applications made available by greenlist (the “Services”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us
If you have any questions, comments, or concerns regarding these Terms, please contact us at [email protected]
As a condition to using Services, you are required to open or have a current account with greenlist and select a password and username (which may be your e-mail address), and to provide registration information, which may include content regarding your name, physical address, and transaction information (“Your Content”). The registration information must be accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
greenlist is authorized to review and verify your registration information and Your Content prior to permitting you to use the Services:provided, however, that by reviewing and verifying your registration information and Your Content, greenlist in no way accepts responsibility for the accuracy, completeness or currency of such registration information or Your Content.
Peer-To-Peer Exchange Policies
When using our Peer-To-Peer exchange service, You are required to abide by our policies and procedures for executing returns and exchanges via our Services (including, without limitation, policies regarding the time required to ship returns, packaging, the condition of returns, and notifications that need to be provided to greenlist or our merchants), each as they may be communicated to You in these Terms, on our Websites, or in connection with Your peer-to-peer exchange transactions.
By using our Services including our website(s):
- You represent and warrant that you are of legal age to form a binding contract.
- If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
- You promise to only use the Services only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.
- You further agree that Your Content or any other information that you may upload to our website(s) and your interactions with greenlist, our retail partners, and third parties when using the Services shall not: (a) be false, inaccurate or misleading; (b) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or contain illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability for us. You further agree that all information you may provide to greenlist, our retail partners, and third parties when using the Service including, without limitation, information regarding returns, or items you may provide, will be complete, truthful, accurate and not misleading. We reserve the right, but we have no obligation, to reject or terminate Service to any user that does not comply with these prohibitions.
Responsibility for Content
The Services may contain, or direct you to websites that we do not own or control; and we accept no responsibility or liability for those sites. If you experience or encounter any inappropriate material while using the Service, please contact us immediately at [email protected] so we can endeavor to remedy the situation. We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
All materials displayed or performed on the Services (including, but not limited to, data, text, graphics, articles, photos, images, illustrations, and so forth, collectively, “Site Content” herein) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Site Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Site Content, (i) without the prior consent of the owner of that Site Content or (ii) in a way that violates someone else’s (including greenlist’s) rights.
You understand that greenlist owns the Services including, without limitation, all software used in providing the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
In connection with your use of the Services or its contents, you will not (a) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (b) remove any copyright, trademark or other proprietary rights notices contained in the greenlist software or with respect to the Services; (c) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (d) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (f) “frame” or “mirror” any part of the Services, or use meta tags or code or other devices containing any reference to us or the Services or the site in order to direct any person to any other website for any purpose; or (g) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software used on or for the Services or cause others to do so.
You are responsible for paying any Services fees that you owe to greenlist. The applicable Services fees are due and payable to, and collected by greenlist. Except as otherwise provided on the greenlist website, Services fees are non-refundable.
Changes in the Services
We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
Warranty and Disclaimer; Limit of Liability
Your access to and use of the website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the website or any other reason within or outside the control of greenlist. We reserve the right to suspend or discontinue the availability of the website and/or any Service and/or remove any Site Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the website and the Services without notice or liability. The website should not be used or solely relied upon for storage of your data.
greenlist does not make any representations or warranties concerning any Site Content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The Services and all products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from greenlist or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
greenlist is solely an intermediary between You and the third parties you may execute transactions with using our Service. greenlist does not make any representation or warranties concerning any item, materials, products, or returns you may receive, purchase or acquire using the Services (“Third-Party Products”). You acknowledge that any Third-Party Products are provided solely by the relevant third-party provider, and greenlist has no liability, responsibility or obligations with respect to any Third-Party Products.
greenlist may provide third party websites, apps, and or other products and services (“Third-Party Links”) on its website as part of the Services. Although we may offer this opportunity, you acknowledge that any Third-Party Links that you use in connection with the Services not part of greenlist and not governed by these Terms. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to your use of any Third-Party Links.
THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GREENLIST BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY MATTER RELATED TO OR ARISING OUT OF ANY THIRD-PARTY PRODUCTS, THIRD PARTY-LINKS, (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GREENLIST IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you reside in the European Union, greenlist is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. greenlist is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of greenlist in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of greenlist is excluded.
You agree to indemnify and hold greenlist, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or you’re greenlist Services account, in any way (by operation of law or otherwise) without greenlist’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of Maryland, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the District of Columbia, in English, in accordance with the Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules and Procedures of AAA. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Columbia.
Term and Termination
These Terms are effective upon your use of the Services and upon the posting dates of any subsequent amendments to this Agreement for all current users. We may terminate your access to the Service at any time, for any or no reason, without explanation or notice of any kind. Upon such termination by us, we may remove all of your information from our servers. We maintain sole discretion to bar your use of the Service in the future, for any or no reason. Even after your participation in the Service is terminated, this Agreement will remain in effect and will continue to govern, among other things, your right to use the Service including any software or mobile application.
Without limiting other remedies, we may terminate your ability to use the Service, remove your Information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach these Terms or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; (d) if we suspect that you have engaged in fraudulent or illegal activity in connection with the Services; or (e) you fail to pay any fees due to us for your use of the Services.
We may also use your email address to send you other messages, including information about greenlist and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected] Opting out may prevent you from receiving messages regarding greenlist or the Services, special announcements or special offers.
Communications made through email or our messaging system will not constitute legal notice to greenlist or any of its officers, employees, agents or representatives in any situation where notice to greenlist is required by contract or any law or regulation.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.Any notices or other communications provided by greenlist under these Terms, including those regarding modifications to these Terms, will be given (a) via email; or (b) by posting to our website. You and greenlist agree that these Terms are the complete and exclusive statement of the mutual understanding between you and greenlist, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind greenlist in any respect whatsoever. Except as expressly set forth herein, you and greenlist agree there are no third party beneficiaries intended under this Agreement.