Terms

GREENLIGHT APP, LLC TERMS OF USE

Greenlight App, LLC (“Greenlight”, “we”, “us”, or “our”) operates the GREEN CAB APP (a mobile application (the “Application”) and the associated website(s); green cab madison and Green Cab of Madison. (the “Site”) as well as a number of related services (collectively, with the Applications and the Site, 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”, where “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, payments and to otherwise transact business with transportation providers (such travel services, “Transportation Services” and the providers, “Transportation Providers“).

GREENLIGHT DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICES. WE OFFER INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DO NOT AND DO NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, DOWNLOADING THE APPLICATION OR USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICE OR DOWNLOAD THE APPLICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST CEASE USING THE SERVICES AND DELETE THE APPLICATION ON YOUR MOBILE DEVICES.

Along the same lines, some of the Services may also 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 house the contest or otherwise posted on Services. If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms take precedence in relation to the Service. The Additional Terms for the Services are hereby incorporated by reference into these 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 BOOK.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these 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 email.

1. USERS. You may simply browse the Services, or you may register with Greenlight and create an account (“Account“). You must have an Account to order 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). Visitors agree not to attempt to access Member areas of the Services.

2. ACCOUNTS. When you set up an Account, you are required to provide your name, mobile phone number, email address and select a password or PIN number and may be required to provide additional information (collectively, your “Account Information”), which you may not transfer to or share with any third parties. You agree to only provide us with true, accurate, current and complete information for your Account. 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 the 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 under your Account Information that, if undertaken by you, would be deemed a violation of these 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 password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the 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.

3. PRICING AND PAYMENT. Although we do not provide Transportation Services, we permit you to pay for any Transportation Services through our Services. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of your request. 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 not later than upon completion of the ride. 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 on 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.

4. BOOKINGS. These Terms of Use, together with any additional terms on the Services and any applicable Transportation Provider policies, shall govern any booking you make through the Services for Transportation Services (such booking, a “Booking”). In the unlikely event we or 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 these Terms of Use or any Transportation Provider’s policies may result in cancellation of your Booking(s), in your being denied access to any Booking, or in your forfeiting any monies paid for such reservation(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 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 the actions of the Transportation Provider, weather and traffic.

5. CANCELLATIONS OR NO-SHOWS. Any cancellations or no-shows will be governed by our policies and/or the applicable Transportation Provider’s policies. Please read any applicable rules and policies on the Services or the Transportation Provider’s website. The Transportation Providers’ policies and associated fees may vary by 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.

6. MOBILE SERVICES.
a. By accessing and using the Services you acknowledge and agree that you may receive certain communications from the Services (such as SMS, text messages, emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the Services, or by using certain mobile or Site features, such as receiving or sending Mobile 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.
b. When you use the Services, we may also collect location information from the GPS functionality on your device. You hereby authorize us and the Services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device. If you choose to include in your Content information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (a) such information will be made available to Transportation Providers when you request Transportation Services; and (b) Greenlight merely makes this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including Transportation Providers.
c. 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, our confirmations and all subsequent SMS correspondence and/or transmissions. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may text STOP to cancel or HELP for 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.
d. 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. BY INSTALLING OUR APPLICATION, YOU CONSENT TO SUCH COLLECTION AND TRANSMISSION.
e. Maps. Certain features of the Services require access to and use of your device’s maps features or other third party maps. 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 maps and application. 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 the Google Maps site. Likewise, by using 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.

7. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“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. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Greenlight or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

8. MOBILE APPLICATION.
a. License. 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 internal purposes. 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.
b. 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”). You acknowledge that these Terms of Use are between you and Greenlight and not with the App Store. Greenlight, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). 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 also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. 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 that the App Store (and its subsidiaries) are third party beneficiaries of the Terms of Use and will have the right to enforce them.
c. App Store Sourced Application. The following applies to any App Store Sourced Application: 1.You acknowledge and agree that (i) the Terms of Use are between you and Greenlight only, and not the App Store, and (ii) 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. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store will be responsible for refunding the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Greenlight and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Greenlight.
4. You and Greenlight acknowledge that, as between Greenlight and the App Store, 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.
5. You and Greenlight acknowledge that, in the event of any third party claim that 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.
6. You and Greenlight acknowledge and agree that 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.
7. Without limiting any other terms of the Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

d. Certain software code incorporated into or distributed with the Application may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary, the Open Source Software is not licensed under Section 8(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

9. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Services, 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 the Services, and, as between you and us, you retain ownership and any intellectual property rights in the Content you post. 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 that Content. You agree that any such Content or any derivative works thereof, except for any personally identifiable information you submit in regards to your Account or an 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 in forums on the Site, we will not be liable for such disclosure. We do not grant you any rights in any Content available on the Site or the Services (other than your own submitted Content), except to use any such Content for your personal and non-commercial use.
You agree not to revise Content posted by others, and 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 Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these 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 the Site or through the Services whether it violates our content policies or not.

10. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, your use of the Services, or access to the Services for any purposes other than for which the Services are being provided to you, or 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 Internet connection or mobile fees, that you incur when accessing the Services.

11. 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.

12. 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 access to the Services. Continued 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) notifying us at any time and (b) deleting the Application from your mobile device and closing your Account for all of the Services that you use. Your notice should be sent, in writing, to our address set forth below. 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.

13. PRIVACY. 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. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Greenlight reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

14. 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. Certain features of the Services require access to and use of your device’s maps features or other third party maps. 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 maps and application. 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_maps.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; these Terms of Use do not apply to any activities conducted via the Google Maps site. 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.

15. 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 phone 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 these Terms of Use.

16. 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 OR 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 EXPENSE, 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 (U.S. $10.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, 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 shall not be liable for circumstances beyond its control including but not limited to weather, road conditions and breakdowns. 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.

17. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Greenlight, our parents, subsidiaries, affiliates, officers, directors, co-branders and other 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 these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any Content you submit to Services; 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.

18. 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 of Transportation Providers.

19. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed;
•A description of where the material that you claim is infringing is located on the Services;
•Your address, telephone number, and email address;
•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement on the Services can be reached by mail at: Copyright Agent, ______________________________ or by email at _______________________.

20. 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 our giving you Communications electronically. This Section 21 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing the Services. You may withdraw your consent to receive Communications electronically 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 provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

21. 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. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use are included only to help make these 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 these 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. These Terms of Use constitute the complete and exclusive 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 these 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 these Terms of Use will continue in full force and effect.

22. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
a. 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.
b. 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.
c. 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 these Terms. 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.
d. 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.
e. With the exception of (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.
f. 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.

23. SURVIVAL. 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 these Terms of Use for any reason.

24. NOTICE; VIOLATIONS. We may give notice to you by email, 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. Please report any violations of these Terms of Use to greenteam@greencabofmadison.com or if you have any questions or concerns about the Services.