GreenBid Terms of Service

Welcome to GreenBid LLC's ("GreenBid, "We," "Our") mobile device software application (the "GreenBid Software"), Web site, and any other mobile or web services or applications own, controlled, or offered by GreenBid (collectively, the "GreenBid Services"). Users who access, download, use, purchase and/or subscribe to the GreenBid Services (collectively or individually "You" or "User" or "Users") must do so under the following terms and conditions of service and Privacy Policy (please see http://greenbid.net/greenbid-privacy-policy).

ANY PARTICIPATION IN THIS SITE, USE OR SUBSCRIPTION TO GREENBID APPLICATION AND SUPPORTING SERVICES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE, THE GREENBID APPLICATION OR SUPPORTING SERVICES.


THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND GREENBID . You may receive a copy of this Agreement by emailing us at: This email address is being protected from spambots. You need JavaScript enabled to view it., Subject: Terms of Service Agreement.

Accuracy of Information.

This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

Modification of this Agreement.

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the GreenBid Service. Please check this Agreement periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Your continued use of the GreenBid Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on the GreenBid Service constitutes your binding acceptance of such changes. For any material changes to this Agreement, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on the GreenBid Services.  These changes will be effective immediately for new Users of the GreenBid Service.

Ownership and Proprietary Rights.

The GreenBid Services are owned and operated by GreenBid. The GreenBid Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the GreenBid Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the GreenBid Services are the property of GreenBid or its subsidiaries or affiliated companies and/or licensed third-party entities. All trademarks, service marks, and trade names displayed on the GreenBid Services are proprietary to GreenBid or its affiliates and/or licensed third-party entities. Except as expressly authorized by GreenBid under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Usage Guidelines.

You understand and hereby acknowledge and agree that you will comply with the usage guidelines and you may not and warrant that you will not:

- ...use the GreenBid Services or any business/personal information displayed within the GreenBid Services to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or business/personal information about other Users beyond the explicit intent of the application to create paperless estimates to be delivered to entities, both public and private, in the interest of driving sales and reducing paper waste;

- ...include offensive or pornographic materials or materials that are harmful to minors in your GreenBid Services business profile data, logos or related demographic information;

- ...use the GreenBid Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

- ...make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the GreenBid Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

- ...impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GreenBid Services accounts of other Users;

- ...misrepresent the source, identity or content of information transmitted via the GreenBid Services;

- ...remove, circumvent, disable, damage or otherwise interfere with security-related features of the GreenBid Services, features that prevent or restrict use or copying of any content accessible through the GreenBid Services, or features that enforce limitations on use of the GreenBid Services;

- ...intentionally interfere with or damage operation of the GreenBid Services or any User's use of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

- ...post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

- ...post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

- ...use the GreenBid Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;

- ...use the GreenBid Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the GreenBid Services could lead directly to death, personal injury, or severe physical or property damage;

- ...attempt to gain unauthorized access to the GreenBid Services, or any part of it, other accounts, computer systems or networks connected to theGreenBid   Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the GreenBid Services or any activities conducted on the GreenBid Service;

- ...use any robot, spider, scraper or other automated means to access the GreenBid Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GreenBid Services or modify the GreenBid Services in any manner or form, nor to use modified versions of the GreenBid Services, including (without limitation) for the purpose of obtaining unauthorized access to the GreenBid Services.

Charge/Processing Fees; Stripe

The GreenBid Paperless Estimate & Bid Creator app may, at the discretion of the User, be configured to connect to the User's established Stripe* Payment (https://stripe.com/) account. Once established, the GreenBid application can be used by the User to charge their own Client's major credit cards for services rendered or goods exchanged between User(s) and Client(s). By connecting to Stripe via the GreenBid application, the User agrees to a flat 1.5% transaction fee on all In-App payments processed or initiated through the application. This fee is irrespective of the negotiated transaction fee pursuant to the User's applicable Stripe* agreement and will not be refunded after a completed transaction.
*(Stripe account required - https://stripe.com/)

In-App Payments and Deposit Schedule

Bank account location and deposit schedule in accordance with your applicable Stripe** Agreement. **(Stripe account required - https://stripe.com/)

Usage; Refusal or Suspension of Service.

You acknowledge that some of the GreenBid Services may be accessed by downloading the GreenBid Services to a mobile device, without the need to register an account.  You are responsible for the security on the mobile device on which the GreenBid Services are installed.  If you elect to use the GreenBid Services or register for an account with GreenBid , you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your GreenBid account login information and the security of your mobile device, and are fully responsible for all activities that occur under your GreenBid account.  You agree to immediately notify GreenBid of any unauthorized use, or suspected unauthorized use of your GreenBid account or any other breach of security.  GreenBid cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

GREENBID RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S USE OF THE GREENBID SERVICE, INCLUDING A USER'S REGISTRATION AS WELL AS A USER'S USE OF PAPERLESS ESTIMATES, THEIR GENERATION AND DELIVERY. ACCORDINGLY, GREENBID ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER'S USE OF OR ACCESS TO THE GREENBID SERVICES, INCLUDING ACCESS TO OR DELIVERY OF PAPERLESS ESTIMATES AND THE DATA CONTAINED THEREIN, OR (B) TERMINATE ANY USER'S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.

You alone are responsible for your involvement with other Users and your individual Clients. You agree that GreenBid will not be responsible for any loss or damage incurred as the result of any such interactions.  GreenBid reserves the right, but has no obligation, to monitor disagreements between you and other Users.

GreenBid does not control the content of User business profiles and accounts.  GreenBid has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the GreenBid Services.

PLEASE NOTE: GREENBID RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE

User Submissions.

The GreenBid Services allow the submission of content and materials (such as Trades (types of business models), Sections (categorizations within a given business model), Widgets (products and services that fall under a given business model), ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. User Submissions and certain other information about you are subject to our applicable privacy policy. For more information, see the full GreenBid Privacy Policy at http://greenbid.net/greenbid-privacy-policy You understand that through your use of the GreenBidServices You consent to the collection and use (as set forth in the applicable privacy policy) of this information.  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize GreenBidto use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the GreenBid Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual or product in the User Submission to use the name, description or likeness of each and every such identifiable individual person or product to enable inclusion and use of the User Submissions in the manner contemplated by the GreenBidServices and this Agreement. If approved, User Submissions in the form of Trades, Sections and Widgets ("Track Packs") may be disseminated to other users, via Sync Operation, to form the basis of paperless estimate generation in any given Trade. At any time, User Submissions may be altered, edited, duplicated or otherwise modified as GreenBid sees fit, to best represent a basis for paperless estimate generation.

You understand that when using the GreenBid Services you will be exposed to User Submissions from a variety of sources, and that GreenBid is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.

GreenBid assumes no responsibility whatsoever in connection with or arising from User Submissions. GreenBid assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time GreenBid chooses, in its sole discretion, to monitor User Submissions, GreenBid nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, GreenBid does not endorse and has no control over the content of User Submissions submitted by other Users. GreenBid makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, GreenBid reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

You hereby grant, and you represent and warrant that you have the right to grant, to GreenBid an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in the GreenBid Services.  You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.

If you provide GreenBid any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to GreenBid all rights in the Feedback and agree that GreenBid shall have the right to use such Feedback and related information in any manner it deems appropriate.  GreenBid will treat any Feedback you provide to GreenBid as non-confidential and non-proprietary.  You agree that you will not submit to GreenBid any information or ideas that you consider to be confidential or proprietary.

Advertising.

GreenBid and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

End User Licenses.

- Mobile Device. To use the GreenBid Software you must have a mobile device that is compatible with the GreenBid Services. GreenBid does not warrant that the GreenBid Services will be compatible with your mobile device.

- License Grant. Subject to the terms of this Agreement, GreenBid hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the GreenBid Software for one GreenBid Services account on any compatible mobile device owned or leased solely by you, for your commercial use and (ii) use the GreenBid Services (other than the GreenBid Software) for your commercial use.

- Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the GreenBid Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the GreenBid Software to any third party or use the GreenBid Software to provide time sharing or similar services for any third party; (iii) make any copies of the GreenBid Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the GreenBid Software, features that prevent or restrict use or copying of any content accessible through the GreenBid Software, or features that enforce limitations on use of the GreenBid Software; or (v) delete the copyright and other proprietary rights notices on the GreenBid Software.

- Software Upgrades. You acknowledge that GreenBid may from time to time issue upgraded versions of the GreenBid Software, and may automatically electronically upgrade the version of the GreenBid Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.  You agree that GreenBid will not be liable to you for any such modifications.

- Open Source. With respect to any open source or third-party code that may be incorporated in the GreenBid Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.  In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.

GreenBid gratefully acknowledges use of Open Sourced SDKs including:

- Rights Reserved. The foregoing license grant under this Agreement is not a sale of the GreenBid Software or any copy thereof and GreenBid or its third party partners or suppliers retain all right, title, and interest in the GreenBid Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. GreenBid reserves all rights not expressly granted under this Agreement.

- Trademarks, Service Marks and Logos. The name of this web site is a service mark of GreenBid . No use of this mark shall be permitted except through the prior written authorization and permission of GreenBid . All rights reserved.

- Export Control. The GreenBid Software originates in the United States, and is subject to United States export laws and regulations. The GreenBid Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the GreenBid Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the GreenBid Software and the GreenBid Services.

- App Store.  You acknowledge and agree that the availability of the GreenBid Software is dependent on the third party from which you received the GreenBid Software, e.g., the Apple App Store ("App Store").  You acknowledge that this Agreement is between you and GreenBid and not with the App Store.  The App Store may have its own terms and conditions to which you must agree before downloading the GreenBid Software from it.  You agree to comply with, and your license to use the GreenBid Software is conditioned upon your compliance with, all applicable terms and conditions of the App Store.

Violations; Termination.

You agree that GreenBid, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the GreenBid Services or your use of the GreenBid Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the GreenBid Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GreenBid will not be liable to you or any third-party for any such termination. GreenBid does not permit copyright infringing activities on the GreenBid Services, and reserves the right to terminate access to the GreenBid Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GreenBid may have at law or in equity.

 

Disclaimers; No Warranties.

THE GREENBID SERVICES [AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GREENBID SERVICES] ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GREENBID, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

GREENBID AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GREENBID SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GREENBID SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GREENBID AND ITS SUPPLIERS AND PARTNERS (INCLUDING GREENBID'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GREENBID SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GREENBID OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE GREENBID SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GREENBID SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless.

You agree to indemnify, defend, and hold GreenBid (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, brought by a third party arising out of or related to (a) your use or misuse of the other GreenBid Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the GreenBid Services to contract with another user or Client. GreenBid reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Limitation of Liability and Damages.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GREENBID (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS  OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR BUSINESS INFORMATION; (B) YOUR USE OR INABILITY TO USE THE GREENBID SERVICES; (C) THE GREENBID SERVICES GENERALLY (INCLUDING THE GREENBID SOFTWARE) OR SYSTEMS THAT MAKE THE GREENBID SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GREENBID OR ANY OTHER USER OF THE GREENBID SERVICES], EVEN IF GREENBID OR A GREENBID AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


IN NO EVENT SHALL GREENBID'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GREENBID SERVICES] (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE GREENBID SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FORTY DOLLARS, WHICHEVER IS GREATER.

APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT GREENBID'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

Benefit of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT GREENBID HAS OFFERED THE GREENBID SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GREENBID, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GREENBID. GREENBID WOULD NOT BE ABLE TO PROVIDE THE GREENBID SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

Release.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other GreenBid Service Users or (2) any third party site, products, services, and links included on or accessed through the GreenBid Service.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Digital Millennium Copyright Act Compliance.

It is GreenBid's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, GreenBid will promptly terminate without notice the accounts of Users that are determined by GreenBid to be "repeat infringers." A repeat infringer is a User who has been notified by GreenBid of infringing activity violations more than twice and/or who has had a User Submission removed from the GreenBid Service more than twice.


If you are a copyright owner or an agent thereof, and you believe that any content hosted on any GreenBid Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing GreenBid's Designated Copyright Agent with the following information in writing:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable GreenBid Service are covered by a single notification, a representative list of such works on the applicable GreenBid Service;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GreenBid to locate the material;

- Information reasonably sufficient to permit GreenBid to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.");

- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

GreenBid's Designated Copyright Agent to receive notifications of claimed infringement can be reached at:  This email address is being protected from spambots. You need JavaScript enabled to view it.?Subject=Copyright%20Infringement">This email address is being protected from spambots. You need JavaScript enabled to view it.

For clarity, only DMCA notices should go to the GreenBid Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Payments, Cancellation and Final Sale.

Any and all payments made to GreenBid for use and access to any GreenBid Services and GreenBid Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the GreenBid Software or GreenBid Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.

We reserve the right at any time to charge fees for access to portions of the GreenBid Services, GreenBid Software or the GreenBid Services or GreenBid Software as a whole

Miscellaneous.

- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

- Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the GreenBid Services shall be filed only in the state or federal courts in and for Maricopa County, Arizona and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.  Nothing in this Agreement shall not prevent GreenBid from seeking injunctive relief in a court of competent jurisdiction.

- Arbitration. If a dispute arises between you and GreenBid, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.  You agree that you will notify us about any dispute you have with GreenBid regarding the GreenBid Service by emailing This email address is being protected from spambots. You need JavaScript enabled to view it."> This email address is being protected from spambots. You need JavaScript enabled to view it.

You and GreenBid agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the GreenBid Service(a "claim") in accordance with this Section.  Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims between you and GreenBid must be resolved in accordance with this Section.  All claims filed or brought contrary to this Section shall be considered improperly filed.  Should you file a claim contrary to this Section, GreenBid may recover attorneys' fees and costs up to $1,000, provided that GreenBid has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.  Similarly, should GreenBid file a claim contrary to this Section, you may recover attorneys' fees and costs up to $1,000, provided that you have notified GreenBid in writing of the improperly filed claim, and GreenBid fails to promptly withdraw the claim.  The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.

- Severability, Waiver. 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. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

- Notices. GreenBid may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the GreenBid Services.

- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by GreenBid without restriction

- Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to the GreenBid Services.

- Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by GreenBid as set forth in the sections above.

- Claims. YOU AND GREENBID AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GREENBID SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

- Disclosures. The services hereunder are offered by GreenBid LLC. General Inquiries: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Apple App Store Additional Terms and Conditions.

The following additional terms and conditions apply to you if you are using a GreenBid Software from the Apple App Store.  To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to GreenBid Software from the Apple App Store.

- Acknowledgement: GreenBid and you acknowledge that this Agreement is concluded between GreenBid and you only, and not with Apple, and GreenBid, not Apple, is solely responsible for GreenBid Software and the content thereof.  To the extent this Agreement provides for usage rules for GreenBid Software that are less restrictive than the Usage Rules set forth for GreenBid Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

- Scope of License: The license granted to you for GreenBid Software is limited to a non-transferable license to use GreenBid Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

- Maintenance and Support: GreenBid is solely responsible for providing any maintenance and support services with respect to GreenBid Software, as specified in this Agreement (if any), or as required under applicable law. GreenBid and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to GreenBid Software.

- Warranty: GreenBid is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of GreenBid Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for GreenBid Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to GreenBid Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GreenBid's sole responsibility.

- Product Claims: GreenBid and you acknowledge that GreenBid, not Apple, is responsible for addressing any claims of you or any third party relating to GreenBid Software or your possession and/or use of GreenBid Software, including, but not limited to: (i) product liability claims; (ii) any claim that GreenBid Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit GreenBid's liability to you beyond what is permitted by applicable law.

- Intellectual Property Rights: GreenBid and you acknowledge that, in the event of any third party claim that GreenBid Software or your possession and use of GreenBid Software infringes that third party's intellectual property rights, GreenBid, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

- Developer Name and Address: GreenBid's contact information for any end-user questions, complaints or claims with respect to GreenBid Software is set forth in the sections, above.

- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using GreenBid Software.

- Third Party Beneficiary: GreenBid and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

USE OF THIS WEBSITE, THE GREENBID SOFTWARE OR GREENBID SERVICES AFFIRMS THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE