Greenbids, LLC Master Terms and Conditions Agreement
Last updated: September 2024
1. Definitions
Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with the party specified. "Control" means ownership or control of more than 50% of the voting interests of the entity.
Applicable Law: All applicable laws, regulations, and rules governing the possession, sale, or use of cannabis and any other applicable legal requirements, including state laws where users are licensed.
Authorized Users: Individuals, including employees or representatives, who are authorized to use Greenbids Services on behalf of a company or organization.
Services: The website, mobile application, and any other products or services provided by Greenbids, LLC, including auctions, listings, AI-powered tools, and other platform-related activities.
Platform Fees: Fees charged by Greenbids for the use of its services, including listing fees, auction fees, and other fees as outlined on the platform.
User: Any individual or entity using Greenbids' services.
2. Acceptance of Terms
By using Greenbids' Services, you agree to be bound by this Master Terms and Conditions Agreement and the fee schedules posted on the platform. If you do not agree, you must immediately stop using our Services.
3. Right to Modify Terms
Greenbids reserves the right to modify these terms at any time. Users are responsible for regularly reviewing the most current version of the terms. By continuing to use the Services after changes are made, you agree to be bound by the updated terms. Users waive their right to receive specific notice of changes beyond updates posted on the platform.
4. Cannabis Law Disclaimer
Cannabis is illegal under the Controlled Substances Act (CSA). Cannabis is classified as a Schedule I controlled substance under U.S. federal law. Although cannabis may be legal under state law, users of Greenbids Services are subject to risks of federal prosecution. However, Greenbids does not enforce compliance with federal cannabis regulations, and users must ensure they comply with state cannabis regulations in the states where they are licensed. Your use of Greenbids is at your own risk. Greenbids disclaims any and all responsibility for cannabis-related transactions.
5. Fees
Fees for Greenbids Services, including listing fees, auction success fees, and any other charges, are for services rendered and do not imply any ownership or participation in profits. All fees must be paid according to the fee schedule posted on the Greenbids platform. Greenbids reserves the right to adjust fees with prior notice, which will be provided via updates to the pricing page on the platform.
Payment Errors: Greenbids reserves the right to correct any errors in pricing or billing. If a fee is incorrectly calculated, Greenbids will notify you and rectify the issue, including the possibility of suspending services until the correct payment is received.
6. User Obligations & Acceptable Use
- To comply with all applicable state cannabis laws and maintain proper licenses in your state.
- To provide accurate, current, and complete information and promptly update your account details if anything changes, such as payment or license status.
- Not to engage in any activities that violate this agreement or applicable laws.
- Not to harass, threaten, or defraud users, transmit viruses, or interfere with the functionality of the platform.
7. Age Restrictions
Greenbids restricts access to users who are 21 years of age or older. By using the platform, you confirm that you meet this age requirement.
8. Community Guidelines
- Respectful Conduct: Users must treat one another with respect. Harassment, discriminatory behavior, and hate speech are not tolerated.
- Content Restrictions: Content, including listings and comments, must comply with all applicable state laws. Users may not post false or misleading information.
- Fraud Prevention: Misrepresenting licensing information or manipulating transactions is strictly prohibited.
- Account Security: Users must maintain secure accounts by using strong passwords and keeping their login credentials confidential.
9. AI Product Usage Terms
- Permitted Use: Users may only use AI tools for their intended purposes, such as improving auction strategies or managing listings.
- Prohibited Use: Users may not reverse-engineer, tamper with, or misuse AI features, nor use AI tools for fraudulent or misleading activities.
- User Responsibility: Greenbids provides AI tools as assistance, but users remain responsible for their own business decisions. AI results should be used for guidance, and Greenbids does not guarantee outcomes.
- Data Collection: By using AI-powered features, users agree to the collection of usage data for improving AI services. Data collected will be anonymized where applicable.
10. Prohibited Activities
- Decompile, reverse-engineer, or disassemble any aspect of the platform or its services.
- Attempt unauthorized access to the platform, disrupt its security, or violate any usage restrictions.
- Circumvent fees, create multiple accounts to evade rules, or engage in fraudulent activity.
- Misuse any of the content, including copying, distributing, or reselling it without written permission.
11. Indemnification
- Your use of the Services.
- Your breach of any terms in this Agreement.
- Your violation of any third-party rights, including intellectual property rights.
- Your violation of applicable laws.
- Any gross negligence or willful misconduct on your part.
12. Confidentiality and Data Use
Greenbids takes data security seriously and uses appropriate organizational, physical, and technical measures to protect user data. However, no method of transmission or storage is 100% secure, and Greenbids cannot guarantee absolute security of your data.
Sensitive Information: Greenbids does not process any sensitive personal information such as health data, racial or ethnic origin, or political opinions. Users should refrain from submitting such data on the platform.
By using our services, you grant Greenbids a license to use anonymized or aggregated business data to improve services. You are responsible for safeguarding login credentials and notifying Greenbids of any breaches.
Payment Data Handling: Greenbids does not store payment information such as credit card details. Payments are processed through third-party services like Authorize.net, which are responsible for securing your payment data.
13. App-Specific Terms
- The license granted to you to use the app is non-transferable and limited to use on devices that you own or control.
- You acknowledge that Apple or Google has no obligation to provide any maintenance or support services for the app.
- In the event of any failure of the app to conform to the applicable warranty, you may notify Apple or Google for a refund, and they may be responsible for refunding the purchase price (if applicable).
- You agree to comply with any terms of service set by the App Store or Google Play when using the Greenbids app.
14. User Submissions and Intellectual Property
By submitting content (such as product listings or comments) on Greenbids, you grant Greenbids a non-exclusive, royalty-free, worldwide license to use, modify, display, and distribute your content for the operation of the platform. You warrant that you own or have the necessary rights to your submissions and that they do not violate any third-party rights.
Copyright Infringement: Users are prohibited from posting content that infringes on third-party copyrights. Greenbids will not be liable for any such content and reserves the right to remove it if necessary.
15. Limitation on Bringing Claims
To the fullest extent permitted by applicable law, no action arising out of or relating to this Agreement may be brought by you more than one (1) year after the cause of action arises.
16. Release of Liability in User Disputes
If you have a dispute with one or more users of the Services, you release Greenbids from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17. Limitation of Liability & Disclaimer
Greenbids provides its services on an "As-Is" and "As-Available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the services will be error-free, uninterrupted, or secure, nor do we make any representations about the accuracy or reliability of any content.
Cap on Liability: In no event shall Greenbids’ total liability to you for all claims, damages, and losses exceed the greater of $1,000 or the total fees paid by you to Greenbids in the twelve (12) months prior to the claim.
18. Third-Party Links
Greenbids may contain links to third-party websites or services. These links are provided for your convenience, and Greenbids does not endorse or assume responsibility for any third-party content, services, or products. You access these third-party websites at your own risk.
19. California User Rights
If you are a California resident, under California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. Miscellaneous
Governing Law: This agreement is governed by the laws of the State of Wyoming.
Severability: If any provision of this agreement is found to be unenforceable, it will not affect the remaining provisions.
Entire Agreement: This agreement, along with any fee schedules, constitutes the entire agreement between you and Greenbids.
Notices: Greenbids will provide important notices via email or the website. Users are responsible for keeping their contact information up to date.
Force Majeure: Greenbids will not be liable for delays or failures to perform caused by events beyond its reasonable control, including natural disasters, wars, or government actions.