About

 

Thank you for checking out Greenlight! Just so you know, the folks behind Greenlight are Goodmind, a market research firm based in NYC.

Greenlight Privacy Policy

 

Greenlight knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting or using the Greenlight website, Greenlight's services and applications, and any other linked pages, features, or content offered from time to time by Greenlight in connection therewith (collectively, the "Service"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

 

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers Greenlight's treatment of personally identifiable information ("Personal Information") that Greenlight gathers when you are accessing Greenlight's Service. This policy does not apply to the practices of companies that Greenlight does not own or control, or to individuals that Greenlight does not employ or manage. In addition, the Service contains links to outside sources, both ones we have added ourselves and ones that members have submitted. While we attempt to provide links only to those sites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those sites.  We encourage you to carefully review the privacy policies of any web sites you visit.

 

WHAT PERSONAL INFORMATION DOES GREENLIGHT COLLECT?

The information we gather from users enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to connect users with Greenlight’s Service. In connection with the Service, we request and display some personal information to other users and visitors of the Service, which allows users to identify each other. We collect the following types of information from our customers.

 

Personal Information You Provide to Us:

We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, user name, address, email address, phone number, IP address, use information and browser information. The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the content of the Service, customizing the types of studies you receive, and communicating with you about offers and new features. We may also draw upon this Personal Information in order to adapt the services of our community to your needs, to research the effectiveness of our network, and to develop new tools for the community.

 

Personal Information Collected Automatically:

We receive and store certain types of information whenever you interact with our Service or services. Greenlight automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. Greenlight only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Service or services so that we can make the Service appealing to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our site. We share this type of statistical data so that our partners also understand how often people use their services and our Service, so that they, too, may provide you with an optimal online experience. Again, Greenlight never discloses aggregate information to a partner in a manner that would identify you personally.

 

Email Communications:

We may receive a confirmation when you open an email from Greenlight if your computer supports this type of program. Greenlight uses this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please indicate your preference during the registration process, by making a modification on your account settings page.

 

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Greenlight cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal

Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Service's most attractive features.

Ads appearing on the Service may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Greenlight and does not cover the use of cookies by any advertisers.

 

WILL GREENLIGHT SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We may share your Personal Information only as described below.

 

Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items or provide promotions to you through Greenlight's Service. In other situations, Greenlight provides services, or sells products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business, if you have agreed to be solicited by marketing partners during the registration process.

 

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Greenlight's agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

 

User profiles: User profile information including user name, email address, and other information you enter may be displayed to other users to facilitate user interaction within the Service. Email addresses are used to add new User Submissions (as defined in our Terms of Use) to user profiles and to communicate through User Submissions. Users' email addresses will not be directly revealed to other users by Company, except, when the user is "connected" to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.

 

Communication in response to User Submissions: As part of the Service and Services, you will receive from Company email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Company send you email and other communication that it determines in its sole discretion relate to your User Submissions.

Invitations: When you invite someone to join the Greenlight community, please be aware that we will disclose your real name, as an invitation containing your name will be sent to the email address of the person you wish to invite. This information is necessary to make sure your invitee knows who has contacted them. To build a community based on trust and empathy, we feel this disclosure is necessary.

 

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Greenlight, or substantially all of its assets were acquired, or in the unlikely event that Greenlight goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Greenlight may continue to use your Personal Information as set forth in this policy.

 

Protection of Greenlight and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Greenlight, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

 

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

 

IS PERSONAL INFORMATION ABOUT ME SECURE?

Your Greenlight account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

Greenlight endeavors to protect user information to ensure that user account information is kept private, however, Greenlight cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Service may contain links to other sites. Greenlight is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Service.

 

WHAT PERSONAL INFORMATION CAN I ACCESS?

Greenlight allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as our Service changes.

Username and password, Phone number, Email address, User profile information, Usage information

 

DELETING YOUR ACCOUNT

Should you ever decide to delete your Greenlight account, you may do so by contacting your local site administrator, or by clicking on the "delete your account" link on your account settings page. If you terminate your account, your profile, including any messages in your inbox and any promotional offers you received, will be removed from the site and deleted from Greenlight's servers. Because of the way we maintain Greenlight, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media.

 

WHAT CHOICES DO I HAVE?

As stated previously, you can always opt not to disclose information to use, even though it may be needed to take advantage of certain Greenlight features.

You are able to add or update certain information on pages, such as those listed in the "What Personal Information Can I Access" section above. When you update information, however, we may maintain a copy of the unrevised information in our records.

You delete your account via your account settings page. Please note that Greenlight will need to verify that you have the authority to delete the account, and some information may remain in our records after deletion of your account.

If you do not wish to receive email or other mail from us, please indicate your preference during the registration process, by making a modification on your account settings page. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Greenlight Service, and you are responsible for reviewing such legal notices for changes.

 

CHANGES TO THIS PRIVACY POLICY

Greenlight may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.

 

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy using the Service, please send us a detailed message to: team@Greenlight.com. We will make every effort to resolve your concerns.

Effective Date: March 4, 2010

Terms of Use

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY GREENLIGHT. ("GREENLIGHT").  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.GREENLIGHTPANEL.COM (THE "SITE") AND THE SERVICE OWNED AND OPERATED BY GREENLIGHT (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

 

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use"), which terms also incorporates Greenlight's Privacy Policy, Greenlight's Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Greenlight, each of which is incorporated by reference and each of which may be updated by Greenlight from time to time without notice to you.  In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Greenlight from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

The Service is available only to individuals who are at least 13 years old.  You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful.  Greenlight may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

  

Modification of Terms of Use.

Greenlight reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email.  Greenlight may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use.  The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use.  You are responsible for all of your activity in connection with the Service.  For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Greenlight or its partners on or through the Service.

 

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); involves commercial activities and/or sales without Greenlight's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Greenlight or any third party; or impersonates any person or entity, including any employee or representative of Greenlight.

         

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Greenlight in its sole discretion) an unreasonable or disproportionately large load on Greenlight's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Greenlight may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site. 

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

 

Greenlight does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service.  Greenlight has no obligation to monitor the Site, Service, Content, or User Submissions.  However, Greenlight reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Greenlight is concerned that you may have violated the terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service. 

 

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Greenlight and select a password and screen name ("User ID").  You shall provide Greenlight with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Greenlight account.  You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Greenlight reserves the right to refuse registration of, or cancel a User ID in its sole discretion.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Greenlight password.  You shall never use another user's account without such other user's express permission.  You will immediately notify Greenlight in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

 

CONDITIONS AND ELIGIBILITY:
The needs of our clients vary on a project by project basis. Should the demographic information you provided match the specifications of any of our research studies, we will contact you for further qualifying information. At no point will you be contacted to purchase anything, and your name and personal information will not be identified. Panelists receive cash or gift card incentives for full participation in our research studies.

 

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  When you access third party websites, you do so at your own risk.  These other websites are not under Greenlight's control, and you acknowledge that Greenlight is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Greenlight or any association with its operators.  You further acknowledge and agree that Greenlight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

 

Content and License.

You agree that the Service contains Content specifically provided by Greenlight or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. 

 

Greenlight grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use.  Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Greenlight, or from the copyright holder identified in such Content's copyright notice.  You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

 

User Submissions.

The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions").  By Submitting User Submissions on the Site or otherwise through the Service, you: acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission; hereby do and shall grant Greenlight a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Greenlight's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.  For clarity, the foregoing license grant to Greenlight does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; represent and warrant, and can demonstrate to Greenlight's full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Greenlight and all users of the Service; agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service; represent and warrant that the use or other exploitation of such User Submissions by Greenlight and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and understand that Greenlight shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole' responsibility of the person from which such content originated and that Greenlight will not be liable for any errors or omissions

in any content; and that Greenlight cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

         

Greenlight does not endorse and has no control over any User Submission.  Greenlight cannot guarantee the authenticity of any data which users may provide about themselves.  You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

 

Termination.

Greenlight may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.  If you wish to terminate your account, you may do so by following the instructions on the Site.  Any fees paid hereunder are non-refundable.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Warranty Disclaimer.

Greenlight has no special relationship with or fiduciary duty to you. You acknowledge that Greenlight has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Greenlight from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Greenlight makes no representations concerning any Content contained in or accessed through the Site, and Greenlight will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. 

 

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  GREENLIGHT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. 

 

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): GREENLIGHT MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Greenlight will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Greenlight's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

 

Indemnification.

You shall  defend, indemnify, and hold harmless Greenlight, its affiliates and each of its, and its affiliates  employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.  Greenlight reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Greenlight in asserting any available

defenses.

 

Limitation of Liability.

IN NO EVENT SHALL GREENLIGHT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

 

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You and Greenlight agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.  Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") 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 JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

 

Integration and Severability.

The Terms of Use are the entire agreement between you and Greenlight with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Greenlight with respect to the Site.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Miscellaneous.

Greenlight shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Greenlight's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).  The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Greenlight's prior written consent.  Greenlight may assign, transfer or delegate any of its rights and obligations hereunder without consent.  No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.  All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Contact.

You may contact Greenlight at the following address: 41 East 11^th Street, 11^th Floor, New York, NY 10003

 

Effective Date: March 4, 2010

 

Contact

 

team@greenlightpanel.com

 

41 East 11th Street

11th Floor

New York, NY 10003