Terms Of Service:
These Terms of Service ("Terms") govern and define the relationship between Green Thumb Local, LLC (“Green Thumb Local”, the “Company”, “we”, or “our”) and you (“you”, “your”, “User”). This agreement is effective as of the date you access the website. Each time you access or use our website, you agree to abide by this agreement as of the date of such use or access. Green Thumb Local provides internet marketing and related services (the “Services”). We create and/or manage the online presence of your business.
1. Description of Service
Green Thumb Local provides its users with fee-based access to internet marketing and related services. We will use commercially reasonable efforts to provide the advertising services that you have purchased. The client grants Green Thumb Local the ability to act as an agent of their business for the purpose of growing their business’ online presence and reputation. This includes creating ad copy, purchasing advertising, which is to be discussed with User, creating graphics, responding to customers, and creating original content, including but not limited to blog posts and social media posts on services such as Facebook, Twitter, Instagram and LinkedIn. Green Thumb Local disclaims all responsibility and liability for the availability, timeliness, security or reliability of our Services. Green Thumb Local also reserves the right to modify, suspend or discontinue our Services with or without notice at any time without liability.
While we believe very strongly in the effectiveness of our Services to improve your online presence and reputation, and thereby increase your sales, you understand, acknowledge and agree that we will not be liable to you for damages if we perform our Services in good faith and you do not see an improvement in your business. We do not gurantee the outcome of our service.
Our goal is to represent the best of you and your business online. If you have questions, concerns or ideas about how we can do a better job to improve your online presence, let us know! Together, we will build an online presence for your business that you will love.
2. Proper Use
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms and with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. Therefore by accessing or using the Services you agree to be bound by these Terms. Improper use, or any violation of the Terms may result in immediate termination of this agreement and immediate discontinuation of the Services on your behalf. If you are accessing or using our website on behalf of a business or other entity, by access or use, that business or entity accepts these Terms and you warrant that you are authorized to accept these Terms on behalf of such business or other entity.
You are prohibited to perform any of the following actions while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, or Green Thumb Local computer systems (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Green Thumb Local, (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, or attempt to interfere or disrupt, the access of any user, including, but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Services.
IF YOU ARE UNDER 18 YEARS OLD, YOU MAY NOT USE THE SERVICES, WITH OR WITHOUT REGISTERING.
3. Content of the Service
All content, whether publicly posted or privately transmitted, is the sole responsibility of the individual or entity that created such content. We may, but are under no obligation to monitor or control the content posted via the Services. Green Thumb Local does not take responsibility for such content. Any use or reliance on any content or materials posted via the Services, or acquired by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications, including opinions, posted or expressed via the Services. Under no circumstances will Green Thumb Local assume liability or be held liable in any manner for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or found elsewhere.
Green Thumb Local reserves the right at all times to remove or deny distribution of any content on the Services. Green Thumb Local also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, (b) enforce this agreement, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of its users and the public. Green Thumb Local will not be responsible or liable for the exercise or non- exercise of its rights under this agreement.
4. Intellectual Property Rights
You retain your rights to any content you create, however any content we create in the course of providing our Services to you remains our intellectual property. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from content created by us. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. The rights of Green Thumb Local include rights to (i) the Services developed and provided by; and (ii) all software associated with the Services. The content that we create for you may be the same as, or similar to, content that we have created or will create for other clients. By submitting content through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution method, now known or later developed for as long as you continue to use our Services.
You agree that this license includes the right for Green Thumb Local to provide, promote, and improve the Services. We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any content you provide, and for any consequences thereof. Green Thumb Local will not be responsible or liable for any use of your content by us in accordance with these Terms. You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to any content that you submit.
5. Representations and Warranties
You represent and warrant that: (i) you have full power and authority to enter into and to fulfill the terms of this agreement and to grant the rights herein described; (ii) all of the information provided by you to Green Thumb Local is correct and current; (iii) you have not entered, nor will you enter, into any agreements or activities that will or might interfere or conflict with the terms hereof; and (iv) to the best of your knowledge, any and all content that you license to us for the purpose of the performing the Services does not and shall not infringe upon the copyright, or otherwise violate any right, of any third-party person, firm or corporation.
We represent and warrant that: (i) we are free to enter into and fully perform the terms and conditions of this Agreement; and (ii) to the best of our knowledge, any and all content we create in the course of performing the Services on your behalf does not and shall not infringe upon the copyright, or otherwise violate any right, of any third-party person, firm or corporation.
7. Account Information and Passwords
You are responsible for safeguarding your password or credentials used to access our Services, and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to (a) immediately notify Green Thumb Local of any unauthorized use of your password or account, or any other breach of security. Green Thumb Local is not liable for any loss or damage arising from your failure to comply with the above requirements.
8. Termination; Refunds
Green Thumb Local is a month to-month service. You may cancel the Services by emailing your Green Thumb Local account representative at any time. No portion of the monthly or annual fee will be refunded upon user termination. All sales of all Green Thumb Local Services are final. No refunds shall be given by Green Thumb Local, for any amounts paid for the Services, including without limitation, any service charges or fees, unless terminated by Green Thumb Local (see below).
If a subsequent Purchase Order is executed between the parties, then the prior Purchase Order shall terminate on the service date of the current Purchase Order. This is to prevent having two (2) or more Purchase Orders effective at the same time, unless otherwise agreed upon by the parties in the subsequent Purchase Order.
Green Thumb Local may terminate any Purchase Order or the Terms at any time for any or no reason without liability, effective immediately, by providing written notice to the user. In the event of such termination, Green Thumb Local will reimburse any fees that were prepaid to be rendered after the date of such termination, on a pro rata basis.
Upon termination, Green Thumb Local will remove all content generated by Green Thumb Local and its Services, including but not limited to, website assets, ad copy, and installed services. Green Thumb Local will help client reinstate either their original website assets, ad copy, and turn over access to installed services (such as call tracking).
9. No Chargebacks; Anti-Fraud Policy
We will not tolerate chargebacks (cancellation of credit card charges by complaint to the credit card issuer of fraudulent or mistaken charges) for any reason. If you request a chargeback on any charge that we have made to collect payment for the Services, then we will cancel the Services immediately, and will take legal action to collect any outstanding fees that you may owe the Company. User is responsible for attorney’s fees, fees for collection agencies or third party intervention if User charges back or does not pay monies owed. You must contact Green Thumb Local by phone to obtain authorization to chargeback.
10. Billing and Payment
All fees for our Services shall be in accordance with the fee schedule then in effect at https://greenthumblocal.com/pricing/. Fees will become due either annually or monthly, depending on the pricing plan selected by User. Green Thumb Local reserves the right to charge, bill or invoice your account up to 21 days prior to the due date. All late payments are subject a 1.5% late fee per month based on either the monthly or annual payment.
You shall indemnify and hold harmless us and our shareholders, directors, officers, agents, employees, successors, licensees and assigns of any of the foregoing, from and against any and all liability, loss, damage, costs, charges, claims, actions, causes of action, recoveries, judgments, penalties and expenses, including reasonable outside attorneys’ fees, which they or any of them may suffer by reason of any claim arising out of the breach of any representation, warranty or agreement made by you in this agreement.
12. Choice of Law; Dispute Resolution
This agreement shall be deemed to have been made in, and shall be construed in accordance with, the laws of the State of Arizona, and its validity, construction, interpretation and legal effect shall be governed by the laws of the State of Arizona applicable to contracts entered into and performed entirely therein.
Any claim, controversy, cause of action or dispute that might arising under or relating to this agreement are to be settled by binding arbitration in the State of Arizona, consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. In addition, you hereby waive your right to be a plaintiff or class member in any class action litigation against any Green Thumb Local entity.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and are legally unable to accept the controlling law or jurisdiction above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Arizona (excluding choice of law).
13. Limitation of Liability
Please read this section carefully as it limits the liability of Green Thumb Local, and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Green Thumb Local Entities"). Each of the subsections below applies up to the maximum extent permitted under applicable law. Particular jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GREEN THUMB LOCAL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GREEN THUMB LOCAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. Disclaimer of Warranties
Green Thumb Local Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Green Thumb Local Entities or through the Services, will create any warranty not expressly made herein. Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.
GREEN THUMB LOCAL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The failure of Green Thumb Local to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and every other remaining term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
16. Notices and Revisions
These Services are operated and provided by Green Thumb Local, LLC, 221 E Indianola Ave., Phoenix AZ, 85012. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
17. Entire Agreement
Effective: January 1, 2017