END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
- Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
- Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
- External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and web PLATFORMs (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
GENERAL
This PLATFORM (greenbookglobal.com , iOS app, Android app,) is owned and operated by Green Book Global, LLC (“COMPANY,” “we” or “us”). By using the platform, you agree to be bound by these Terms of Service and to use the platform in accordance with these Terms of Service, our Privacy Policy (https://greenbookglobal.com/privacy-policy)and any additional terms and conditions that may apply to specific sections of the platform or to products and services available through the platform or from COMPANY.
Accessing the platform, in any manner, whether automated or otherwise, constitutes use of the platform and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the platform, from time to time, in which case we will post the revised Terms of Service on this PLATFORM. By continuing to use the platform after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
- All Content included on the PLATFORM, unless uploaded by Users, is the property of Green Book Global, LLC, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this PLATFORM, including any such content uploaded by Users. By continuing to use the PLATFORM you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this PLATFORM shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the PLATFORM without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Green Book Global, LLC
- You acknowledge that you are responsible for any Content you may submit via the PLATFORM, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the PLATFORM any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the PLATFORM.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Green Book Global, LLC for all claims resulting from Content you supply.
Prohibited Use
You may not use the PLATFORM for any of the following purposes:
- in any way which causes, or may cause, damage to the PLATFORM or interferes with any other person’s use or enjoyment of the PLATFORM;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Your License to Us
By posting or submitting any material (including, without limitation, comments, reviews, blog entries, photos and videos) to us via the PLATFORM, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the PLATFORM so long as the link does not state or imply any sponsorship of your PLATFORM by us or by the PLATFORM. However, you may not, without our prior written permission, frame or inline link any of the content of the PLATFORM, or incorporate into another PLATFORM or other service any of our material, content or intellectual property.
Limitation of Liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Green Book Global, LLC accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
Disclaimers
Throughout the PLATFORM, we may provide links and pointers to Internet PLATFORMs maintained by third parties. Our linking to such third-party PLATFORMs does not imply an endorsement or sponsorship of such PLATFORMs, or the information, products or services offered on or through the PLATFORMs. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the PLATFORM or on PLATFORMs linked to by us on the PLATFORM. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the PLATFORM by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PLATFORM AND BY COMPANY AND ANY THIRD-PARTY PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PLATFORM, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM OR MATERIALS ON THIS PLATFORM OR ON THIRD-PARTY PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Availability of PLATFORM
- Any online facilities, tools, services or information that COMPANY makes available through the PLATFORM (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. COMPANY is under no obligation to update information on the PLATFORM.
- Whilst COMPANY uses reasonable endeavours to ensure that the PLATFORM is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- COMPANY accepts no liability for any disruption or non-availability of the PLATFORM.
- COMPANY reserves the right to alter, suspend or discontinue any part (or the whole of) the PLATFORM including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the PLATFORM unless it is expressly stated otherwise.
Interactive Features
This PLATFORM may include a variety of features, such as bulletin boards, web logs, city reviews, comment fields, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the PLATFORM, or sent via any email services on the PLATFORM, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the PLATFORM. It is a condition of your use of the PLATFORM that you do not:
- Restrict or inhibit any other user from using and enjoying the PLATFORM.
- Use the PLATFORM to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the PLATFORM or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the PLATFORM.
- Use the PLATFORM to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the PLATFORM, or any account, computer system, or network connected to this PLATFORM, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this PLATFORM.
- Use the PLATFORM to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the PLATFORM to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the PLATFORM to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the PLATFORM to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the PLATFORM to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the PLATFORM.
- Purchase, download or copy any products or services from this PLATFORM and use to pirate said content.
COMPANY may host message boards, chats and other public forums on its PLATFORMs. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous usernames.
COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the PLATFORMs. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the PLATFORM, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the PLATFORM, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the PLATFORM’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the PLATFORM (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Cash Back
We offer the ability for Members to earn cash back (“Cash Back”) on their purchases completed through the COMPANY Properties. COMPANY receives compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). COMPANY gives a portion of this fee to its Members as Cash Back. Compensation received by COMPANY may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of COMPANY and subject to your compliance with this Agreement.
Online Cash Back
In order to earn Cash Back online, you must register for an Account, be signed in to one of the COMPANY Properties use the shopping links within the COMPANY Properties, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by COMPANY, your purchase might be associated with a service other than COMPANY and you might not earn Cash Back on your purchase. If you disable “cookies” on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.
CASH BACK EXCLUSIONS
CASH BACK IS EARNED ON YOUR NET PURCHASE AMOUNT, WHICH EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. PURCHASES WITH GIFT CARDS MAY NOT QUALIFY FOR CASH BACK IF EXCLUDED IN THE TERMS OF OFFER BY AN AFFILIATE STORE. CASH BACK AMOUNTS VARY BY AFFILIATE STORE AND PRODUCT CATEGORY AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLICABLE STORE PAGE. PLEASE REVIEW THESE TERMS CAREFULLY.
PAYMENT OF CASH BACK AND OTHER REWARDS
Requirements
As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address. If you elect to receive payment via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
Cash Back Payments
The minimum payment amount for Cash Back and other Cash Back Program rewards is $35.00. Balances below $35.00 remain in your Account for potential payment during the next payment period. COMPANY pays members in U.S. dollars via PayPal. Members may select or change their payment options in the account settings through the COMPANY Properties.. Cash Back displayed in your account may be a combination of confirmed and pending amounts. Cash Back is not payable until it is confirmed. The rate at which Cash Back updates from pending to confirmed will vary depending on the Affiliate Store, the Affiliate Stores’ policies and reporting schedules, the nature of the item(s) purchased, and other fraud risk factors Cash Back for travel-related purchases typically does not become confirmed until after travel has been completed. COMPANY reserves the right to delay payment for any purchase based on COMPANY’s suspicion or detection of fraud with your Account, the misattribution of your Cash Back rewards by an Affiliate Store, any anomaly’s detected by COMPANY with your account, changes to Affiliate Store policies at any time. COMPANY also reserves the right to modify the payment schedule at any time. COMPANY is not responsible for payments delivered to the wrong address through no fault of COMPANY or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to COMPANY, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 12.2 below or subject to state abandoned property law, unless you take the proper steps to restore your Account to Active status.
Account Adjustments
In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable COMPANY policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of COMPANY. If an Affiliate Store fails to report a transaction to COMPANY or fails to make payment to COMPANY for any reason, COMPANY reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact COMPANY Member Services within ninety (90) days of the transaction. In addition, COMPANY may make account adjustments for any Cash Back that COMPANY, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. COMPANY decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
Taxes
You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
Account Activity
An Active Account means you must have shopped or started a shopping trip via the COMPANY Properties within the past twelve (12) months. Except where prohibited by applicable law, if you have not shopped or started a shopping trip via the COMPANY Properties for more than twelve (12) consecutive months, COMPANY reserves the right to debit your Account balance five dollars ($5.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by shopping or starting a shopping trip via the COMPANY Properties or until your account balance is zero. If your account remains inactive for more than thirty-six (36) consecutive months and the balance in your inactive account is or becomes zero, COMPANY reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to COMPANY.
Fraudulent Activity.
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any COMPANY Property that we suspect, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, name on orders, payment method on orders, address, email address, PayPal account, or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to COMPANY by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If COMPANY has any reason to suspect fraudulent activity is associated with your Account, COMPANY reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. COMPANY decisions are final.
RECEIVING COMMUNICATIONS
By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your account, that a purchase has been made, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons and special deals available to COMPANY Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.
THIRD-PARTY PLATFORMS
When you access or use the Company Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Company Properties support Third-Party Platforms, including Apple, Facebook, and Google to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”).
YOUR FEEDBACK
You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the COMPANY Properties, by our member services or through one of our service providers, like Trustpilot. You hereby grant to COMPANY and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
COMMUNITY STANDARDS
By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the COMPANY Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
Passwords
To use certain features of the PLATFORM, you will need a username and password, which you will receive through the PLATFORM’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PLATFORM, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PLATFORM, OR WITH ANY OF THE PLATFORM’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS PLATFORM IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this PLATFORM.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
CHANGES TO THE TERMS AND CONDITIONS
COMPANY may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. COMPANY may provide you with notices, including those regarding changes to these Terms and Conditions, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
Your continued use of the COMPANY Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
INFORMAL DISPUTE RESOLUTION
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against COMPANY, You agree to try to resolve the dispute informally by submitting your request through our Member Services page. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.
DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
You and COMPANY agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, COMPANY’s business, any of the Programs or the COMPANY Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against COMPANY’s employees, agents or any subsidiaries of COMPANY. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor COMPANY can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the COMPANY further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
Other
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the PLATFORM from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@greenbookglobal.com.
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
These Terms of Use shall be governed by and construed in accordance with the state of Maine. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrighted by Green Book Global ©2018 ALL rights reserved. No part of this PLATFORM or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Lawrence Phillips.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us at admin@greenbookglobal.com