Terms

GREENLIGHT APP, LLC TERMS OF USE (Updated January 23, 2020; Version 1.0)

Greenlight App, LLC (“Greenlight”, “we”, “us”, or “our”) operates the mobile application GREEN CAB APP (the “Application”) and www.greencabmadison.com and www.greencabofmadison.com (collectively, the “Site”) as well as a number of related services (the Application and the Site together referred to herein as the “Services”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us, whether or not you register as a “Member” or browse the Services as a “Visitor” (“you” or “your” refers to the person accessing or using the Services). The Services are designed to assist you in determining the availability of travel-related goods and services and to make legitimate requests, reservations, and payments and to otherwise transact business (collectively, “Transportation Services”) with the drivers and vehicle operators that provide Transportation Services (“Transportation Providers”).

GREENLIGHT DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH GREENLIGHT AS A PROVIDER OF TRANSPORTATION SERVICES AND THAT IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE SCHEDULED THROUGH THE SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GREENLIGHT. BY ACCESSING THE SITE, DOWNLOADING THE APPLICATION OR USING THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES AND WE ASK THAT YOU REFRAIN FROM DOWNLOADING THE APPLICATION. If you do not agree to all of the terms OF USE, you must cease using the Services and delete the Application on your mobile devices.

Some offerings provided through the Services may be subject to additional guidelines, rules, or terms (“Additional Terms”). For example, we may offer sweepstakes, rewards, contests of skill, or promotions through the Services that will be subject to terms located where we post or otherwise make the contest public whether through the Services or otherwise. If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms take precedence in relation to that specific offering. The Additional Terms for the offering are hereby incorporated by reference into the Terms of Use.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT SEPARATE TERMS AND CONDITIONS MAY APPLY TO THE TRANSPORTATION SERVICES YOU PURCHASE OR RESERVE.

We may, at our sole discretion, change, add, or delete portions of the Terms of Use at any time on a going-forward basis. It is your responsibility to check the Terms of Use for changes prior to use of the Services, and, in any event, your continued use of the Services following notice of or the posting of changes to the Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, the Application, and/or, in our sole discretion, by e-mail.

  1. We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us, which can be accessed here.
  2. You may simply browse the Services, or you may register with Greenlight and create an account (“Account”). Visitors agree not to attempt to access Member areas of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You must have an Account to purchase and reserve Transportation Services. If we believe or suspect that any information you provide us is not true, accurate, current or complete, we may deny or terminate your access to the Services (or any portion thereof). You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Repair or Cleaning request is verified by Greenlight, in Greenlight’s reasonable discretion, Greenlight reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account (see Section 4 below to learn more about Pricing and Payment). Such amounts, as well as those pertaining to lost and found goods, will be transferred by Greenlight to a third party provider, if applicable, and are non-refundable
  3. When you set up an Account, you are required to provide information including, but not limited to, your name, mobile phone number, e-mail address and to select a password or PIN number (collectively, your “Account Information”), which you may not transfer to or share with any third parties. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. If someone accesses the Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with your Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services through your Account Information that, if undertaken by you, would be deemed a violation of the Terms of Use. In no event and under no circumstances will Greenlight be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Greenlight under this provision; (ii) any compromise of the confidentiality of your Account or Account Information; and (iii) any unauthorized access to your Account or use of your Account Information. You may not use anyone else’s Account at any time without the prior permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You may not allow persons under the age of 18 to receive Transportation Services unless they are accompanied by you
  4. PRICING AND PAYMENT. Although we do not provide Transportation Services, we permit you to pay for any Transportation Services offered by Transportation Providers through the Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience, but no later than thirty (30) days from the date of your submission. You agree that when you use the Services to request or pay for a ride that any amounts charged following a ride are mandatory and due and payable immediately no later than the date and time your ride is completed. Charges may include applicable fees, fares, tolls, surcharges, and taxes plus any tips to the Transportation Provider you elect to pay. Greenlight has the authority and reserves the right to determine and modify pricing by posting applicable charges for the Services. You are responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We may seek authorization of your credit card to validate your ability to pay the applicable charges at the time that you initiate a request for Services. The authorization is not a charge; however, the authorization may reduce your available credit by the authorization amount until your bank’s next processing cycle.
  5. The Terms of Use, together with any Additional Terms and any applicable Transportation Provider policies, shall govern any booking you make through the Services for Transportation Services (each a “Booking”). In the unlikely event the applicable Transportation Provider cannot fulfill the Booking, we will use commercially reasonable efforts to contact you via the contact information associated with your Account at the time of the Booking. You understand that a violation of any of the Terms of Use, any Additional Terms or any Transportation Provider’s policies may result in: (a) cancellation of your Booking(s); (b) in you and your Account being denied access to any Booking; or (c) in you forfeiting any monies paid for such Booking(s) or purchase. You hereby authorize us to debit your account (via the method of payment associated with your Account) for any costs we incur as a result of any such violation. Any information related to the times for Transportation Services (including arrival time of a Transportation Provider) is solely an estimate and provided for your convenience. The actual arrival time is subject to a number of factors outside our control including, but not limited to, the actions of the Transportation Provider, weather and traffic. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification
  6. CANCELLATIONS OR NO-SHOWS. Any cancellations or no-shows will be governed by the Terms of Use and/or the applicable Transportation Provider’s policies. Please read any applicable rules and policies pertaining to the Services or the Transportation Provider’s website. Transportation Provider policies and associated fees may vary based on the individual Transportation Provider. Without limiting the foregoing, Greenlight also reserves the right to charge you cancellation fees and/or no-show fees. Depending on the Transportation Services requested and the circumstances of the cancellation or no-show, such fees range from a flat-fee to the full quoted fare. You hereby authorize any such charges and fees.
  7. MOBILE SERVICES.
    1. By accessing and using the Services you acknowledge and agree that you may receive certain communications from the Services (such as SMS, text messages, e-mails, or other electronic communications collectively referred to herein as “Electronic Communications”). Please note that by accessing and using the Services, or by using certain Application or Site features, such as receiving or sending Electronic Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees.
    2. When you use the Services, we may also collect location information from the location tracking functionality on your device (global positioning system (GPS) data and geolocation) to assist us in completing your Booking including, without limitation, assisting Transportation Providers in completing pick-up and drop-off related to your Booking and monitoring and analyzing traffic and Transportation Provider routes. You may authorize us and the Services to take such actions and access such data through your mobile device settings. You can grant or revoke your consent at any time and prevent us from continuing to access your location information by changing the settings on your device. If you choose to share your location information with us (including location-related information provided by your Carrier or other applications), you acknowledge and agree that: (a) such information will be made available to Transportation Providers when you request Transportation Services; and (b) Greenlight makes this information available upon your request and is not responsible for: (i) the correctness of your location information; or (ii) any use of your location information by authorized third parties including Transportation Providers.
    3. If you request to receive updates or other information by mobile phone or text message, you consent to receiving text messages from us and our otherwise communicating with you via your mobile device. We do not charge for this service; however, your carrier’s standard messaging, data and other rates and fees still may apply to any messages you send and receive, our confirmations, and all subsequent SMS correspondence and/or transmissions. You should check with your carrier to learn about your plan and how much such text messages may cost you. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to no longer receive such text messages or HELP to receive customer support information. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
    4. To improve the experience associated with the Services, Greenlight has integrated with or partnered with specific partner mobile applications. Certain features of the Services require access to partner applications on your mobile device. When you install our Application, you hereby authorize our Application to access other components on your device to determine whether specific partner applications have been installed on your mobile device. The Application will then transmit that information back to our servers. Any use of third party software provided in connection with the Services will be governed by such third parties’ terms of use, licenses, and privacy policies and not by the Terms of Use. BY INSTALLING OUR APPLICATION, YOU CONSENT TO SUCH COLLECTION AND TRANSMISSION.
    5. Certain features of the Services require access to and use of your device’s maps features or other third-party map applications. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such map features and third-party applications. By using the Services, and depending on your device’s operating system, you may also agree to the Google Maps end-user terms located at http://www.google.com/intl/en_ALL/help/terms_local.html (as may be changed from time to time by Google). It is your sole responsibility to review the terms and conditions that apply to Google Maps before using it; this Agreement does not apply to any activities conducted via Google Maps. Likewise, by using the Services, you may also agree to the Apple end-user terms located at http://www.apple.com/legal/sla/ (as may be changed from time to time by Apple). It is your sole responsibility to review the terms and conditions that apply to Apple mobile devices before using it.
  8. You understand and acknowledge that the Services including, without limitation, software, code, networks, proprietary methods and systems used to provide the Services (collectively, “Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of Our Technology; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Our Technology except as expressly permitted by Greenlight; (iii) decompile, reverse engineer or disassemble Our Technology except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Our Technology; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Our Technology or unduly burdening or hindering the operation and/or functionality of any aspect of the Our Technology; or (vi) attempt to gain unauthorized access to or impair any aspect of Our Technology. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in the Terms of Use grants you any right to receive a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to the Terms of Use. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted below; or (ii) to use or reference in any manner Greenlight’s company names, logos, product and services names, trademarks or services marks or those of Greenlight’s licensors (“Marks”). Ownership of all such Marks and the goodwill associated therewith remain ours or our licensors.
  9. MOBILE APPLICATION.
    1. Subject to your compliance with the Terms of Use, Greenlight grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely to access the Services for your own personal, non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Terms of Service. Any rights not expressly granted herein are reserved by Greenlight and Greenlight’s licensors.
    2. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license (e.g., the Apple iPhone or Android app stores (“App Store”)). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge and agree that the following applies to any App Store Sourced Application:
      1. The Terms of Use are between you and Greenlight only, and not the App Store; and Greenlight, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store terms of service.
      2. The App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
      3. The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      4. If the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Greenlight and the App Store, Greenlight, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.
      5. The App Store, and any App Store subsidiaries, are third party beneficiaries of the Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms of Use and conditions of the Terms of Use, the App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
      6. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access Greenlight social media pages, you obtain access to various kinds of information and materials, all of which we call “Content”. You are entirely responsible for each individual item of Content that you post, publish, submit or make available through Greenlight social media pages (“Your Content”), and, as between you and us, you retain ownership and any intellectual property rights in Your Content. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Your Content. You agree that any of Your Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or a Booking, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information on Greenlight social media pages, we will not be liable for such disclosure. We do not grant you any rights in any Content available on the Site or the Application (other than Your Content), except you may use any such Content for your personal and non-commercial use.

With regard to all Greenlight social media pages, you represent and warrant that you will not post or use any Content in any manner that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  • Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
  • Is false or inaccurate or becomes false or inaccurate at any time;
  • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Misrepresents your identity in any way;
  • Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Advocates or encourages any illegal activity; or
  • Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though we strive to enforce these rules with all of our users, you may be exposed through the use of social media platforms to Content that violates our policies or is otherwise offensive. You understand that you access Greenlight social media pages at your own risk. We may, but are not obligated, to remove Your Content from our social media pages for any reason, including if we determine or suspect that any such Content violates the Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on our social media pages whether it violates our Content policies or not.  In addition, you understand and agree that Your Content and your actions on social media platforms are subject to each social media provider’s separate terms of use and Your Content, your activity and participation on such social media platforms may be edited, limited, or otherwise modified by such social media provider without our intervention or assistance. We are not responsible for action taken by any such social media provider and your concerns or complaints regarding your social media account, activities that transpire on such social media platform or any changes or deletion of Your Content shall be directed to the relevant social media provider.

  1. GENERAL RULES OF USER CONDUCT. It is our goal to make your access to our Services a positive experience. You agree not to, and represent and warrant that you will not: (a) use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (b) access the Services for any purposes other than for which the Services are being provided to you; or (c) do any of the following:
  • Conduct or promote any illegal activities while using the Services;
  • Upload, distribute or print anything that may be harmful to minors;
  • Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or Services;
  • Attempt to gain access to secured portions of the Services to which you do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Use the Services to generate unsolicited email advertisements or spam;
  • Use the Services to stalk, harass or harm another individual;
  • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);
  • Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including data or mobile device plan fees, which you incur when accessing the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Greenlight does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback through the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
  2. MODIFICATIONS TO THE SERVICES. We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease use of and access to the Services. Continued use of or access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. If you want to terminate any Services, you may do so by: (a) sending us an e-mail to greenteam@greencabofmadison.com requesting your Account be deleted; and (b) deleting the Application from your mobile device. Upon receiving your request, we will delete your Account and any related Content within a reasonable amount of time thereafter. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
  3. THIRD PARTY CONTENT. Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.
  4. DISCLAIMER OF WARRANTIES. THIS SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY GREENLIGHT “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GREENLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

We make no warranty that the Services or Transportation Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services (including Transportation Services), or that defects in the Services will be corrected. You understand and agree that you will be solely responsible for any damage to your mobile device or computer or loss of data that results from the download of any material and/or content. No advice or information, whether oral or written, obtained by you from us through the Services, Transportation Services or otherwise will create any warranty, representation or guarantee not expressly stated in the Terms of Use.

  1. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.

WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SERVICES PROVIDED BY TRANSPORTATION PROVIDERS, OR FOR ANY ISSUE RELATED TO TRANSPORTATION SERVICES. THE TRANSPORTATION PROVIDERS ARE INDEPENDENT CONTRACTORS OF GREENLIGHT AND NOT AGENTS NOR EMPLOYEES OF GREENLIGHT. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH TRANSPORTATION PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, INCLUDING THE ACTS OF TRANSPORTATION PROVIDERS, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOUR BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY; AND (II) TEN DOLLARS ($10.00).

 

Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from forces or causes beyond our reasonable control including, without limitation, inclement weather and road conditions, independent acts of the Transportation Provider, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Greenlight assumes no responsibility for lost or damaged baggage, personal belongings, or any items left in a vehicle. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

 

  1. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Greenlight, our parents, subsidiaries, affiliates, officers, directors, partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Services or Transportation Services (except to the extent prohibited by law); (ii) your violation of the Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) Your Content; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.
  2. RELEASE. You hereby release Greenlight, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from: (i) your use of the Services; or (ii) your purchase or use of any Transportation Services. You understand that Greenlight does not currently conduct criminal background checks on its Transportation Providers. Greenlight makes no representations or warranties as to the conduct or reliability of Transportation Providers.
  3. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Electronic Communications. This Section 19 informs you of your rights when receiving Electronic Communications. For contractual purposes, you (i) consent to receive Electronic Communications; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Documents”) that we provide to you electronically satisfy any legal requirement that such Documents would satisfy if it were in writing. Your consent to receive Electronic Communications applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also obtain a copy of the Terms of Use by accessing the Services. You may withdraw your consent to receive Electronic Communications by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any Electronic Communications previously provided or business transacted between us prior to your withdrawal of your consent. Please keep us informed of any changes in your e-mail or mailing address so that you continue to receive all Electronic Communications without interruption.
  4. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Greenlight will be governed by the laws of the State of Wisconsin, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any court located in the United States District Court for the Western District of Wisconsin and the Wisconsin Circuit Court for Dane County. The Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under the Terms of Use to anyone else and any attempted assignment or delegation is void. Greenlight may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Greenlight’s equity, business or assets; or (iii) a successor by merger. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. No joint venture, partnership, employment, or agency relationship exists between you, Greenlight or any third party provider as a result of the Terms of Use or your use of the Services. The paragraph headings in the Terms of Use are included only to help make the Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Terms of Use, Additional Terms, any Transportation Provider Policies, and our Privacy Policy, incorporated by reference, constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use will continue in full force and effect.
  5. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
    1. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Greenlight may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Wisconsin law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services or Transportation Services.
    2. For any dispute with Greenlight, you agree to first contact us at greenteam@greencabofmadison.com and attempt to resolve the dispute with us informally. In the event that we are not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims by Greenlight for injunctive or other equitable relief) arising out of or in connection with or relating to the Services or the Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding confidential arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Dane County, Wisconsin, unless you and Greenlight agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GREENLIGHT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    3. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by the Terms of Use. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Wisconsin law or United States federal law.
    4. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dane County, Wisconsin. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dane County, Wisconsin, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dane County, Wisconsin for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
    5. With the exception of Section 21(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, if (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dane County, Wisconsin. By using the Services in any manner, you agree to the above arbitration provision.
    6. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at ADR.org.
  6. Any limitations on liability explicitly set forth herein and our proprietary rights in and to the Services, Content, and Our Technology will survive the expiration or termination of the Terms of Use for any reason.
  7. NOTICE; VIOLATIONS. We may give notice to you by Electronic Communication, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to greenteam@greencabofmadison.com or as otherwise expressly provided. If you have any questions or concerns about the Services, you wish to report a violation of the Terms of Use, or speak with us about anything else, please send us an e-mail to greenteam@greencabofmadison.com.