Terms and Conditions
GREENS SALADS, LLC TERMS AND CONDITIONS OF USE
Welcome to the Greenz Salads, LLC website, www.greenzsalads.com. These Terms and Conditions of Use (“Terms”) apply to your access to, and use of, all or part of any website or mobile application of Greenz Salads, LLC or its subsidiaries and affiliated companies (collectively, “Greenz Salads,” “we,” or “us”), including www.greenzsalads.com and any other site, mobile application (“Application”), or online service where these Terms are posted (collectively, the “Sites”). By accessing the Sites, you (“you”) agree to be bound by these Terms regardless of whether or not you have read them. If you do not agree to these Terms, do not access the Sites. The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
This website is undergoing construction and corrective action to address accessibility issues experienced by some of our customers. Greenz Salads has adopted the W3C WAI Web Content Accessibility Guidelines (WCAG) as its accessibility standard for all online products and services that we design, develop and/or procure, on or after the effective date of this accessibility policy. We are working to ensure, to the extent practicable, the new online products and services satisfy the standard Success Criteria set forth in the WCAG 2.0. Greenz Salads is committed to making its Sites accessible to customers with disabilities and welcomes suggestions for improvement. While we strive to make the Sites as accessible as possible, we ask for your patience during this time of transitions.
CHANGES TO TERMS AND CONDITIONS
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
The Sites and its contents, including but not limited to, all Site software, design, text, editorial materials, information, data, photographs, visual interfaces, user interfaces, images, graphics, illustrations, video, sound, games, clips, artwork, hyperlinks, displays, and other materials, (all such content collectively referred to as “Content”), and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, are protected under United States and international copyright laws and are the property of Greenz Salads or its third party licensors. All rights are reserved by Greenz Salads. The GREENZ SALADS FOR Z”ADVENTEROUS name, design and related marks are registered trademarks of Greenz Salads, LLC. All other names, logos, splash screens, page headers, custom graphics and button icons, or other indicia of origin displayed on the Sites are either service marks, names, logos, trademarks, service marks, trade dress, or are otherwise the property (collectively, “Marks”) of Greenz Salads or its third party licensors.
Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Greenz Salads is prohibited and may violate the copyright, trademark or unfair competition laws of the United States and/or other countries. All rights not expressly granted are reserved.
Greens Salads hereby grants you a personal, non-exclusive, non-assignable, non-transferable, limited, and revocable license to use and display the Content and to use the Application for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Content and only use the Application on a device owned or controlled by you as permitted by the rules contained in the terms contained in the Apple, Inc. Terms and Conditions (“Apple Terms”) or the Google Inc. Google Play Terms of Service (“Google Terms”), whichever is applicable to your device. Greenz Salads, content providers and content providers’ licensors do not transfer any title, right or interest to or in any Content to you. If any of the provisions of the Apple Terms or the Google Terms conflict with our Terms, our Terms will control, solely to the extent that such terms apply to the Application. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of Content via a third party website) without express prior written consent of Greenz Salads. Use of Content is only permitted with the express written permission of Greenz Salads and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Content is stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate, or create adaptations of the Content.
This Section will survive the termination of your right to use the Sites.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), if you believe any material available on the Sites infringes upon a copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below or visit the Contact Us section of the Site.
Greenz Salads, LLC
2811 McKinney Ave, Ste. 354
Dallas, TX 75204
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
YOUR COMMENTS AND TRANSMISSIONS
We appreciate your comments, reviews, photos, content, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications, materials and submissions you disclose or transmit to us or to publicly-accessible social networks such as Facebook®, Twitter®, Instagram®, Path®, TwitPic®, Lockerz®, our Application, and similar information and image gathering and sharing services (collectively, “Submissions”). You represent and warrant that your Submissions are not subject to any confidentiality obligations and that you own and control all of the rights to the Submissions, have the lawful right to distribute and produce such Submissions, or otherwise have the right to grant the rights to Greenz Salads that you grant under these Terms. Greenz Salads is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Greenz Salads and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions, and any related copyrights, moral rights or other intellectual property rights therein throughout the world, in any medium or technology of any kind now existing or developed in the future. If you elect to forward to us or to transmit via publicly-accessible social networks any such Submission, then by doing so, you acknowledge that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission or our use thereof, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, (5) you release Greenz Salads and its agents and employees from any claims that such use, as authorized above, violates your rights, and (6) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Greenz Salads’ use of the Submission will not violate any third party’s rights. Greenz Salads is under no obligation to use any Submission or any part thereof.
Further, you grant Greenz Salads and its sublicensees the right to use your name and likeness that you submit in connection with such materials and content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any Submission and in the materials and content that you post, and that you have the lawful right to distribute and produce such Submissions, or otherwise have the right to grant the rights to Greenz Salads that you grant under these Terms; that the content is accurate; that use of any Submission, materials or content you supply does not and will not cause injury to any person or entity; and that you will indemnify Greenz Salads and its sublicensees for all claims resulting from any Submission, materials and content you supply. Greenz Salads has the right but not the obligation to monitor and edit or remove any activity or content on the Sites. Greenz Salads takes no responsibility and assumes no liability for Submissions and/or any materials or content posted by you or any third party.
We ask that you do not submit confidential information or materials to us. We will not keep the Submission confidential and we may use it as we see fit. By submitting anything to us, you acknowledge that the Submission is not confidential, or that even if you think that it is, you are waiving any rights you may have to the Submission being confidential or any ownership interest you think that you have in the Submission. Also, please do not submit anything to us that you have done for your employer during the course of your employment.
In order to participate in certain areas of our Sites, you will need to register for an account. In providing registration and other information to Greenz Salads, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Greenz salads has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Greenz Salads has the right to suspend or terminate your account and refuse any and all current or future use of the account. You agree to maintain the security of your account by not sharing your password and will promptly notify Greenz Salads if you discover or otherwise suspect any security breaches related to your account. You agree to take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
In using the Sites you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of the Sites; or (g) engage in “flooding,” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, invasive of another’s privacy, obscene, pornographic, indecent, lewd, suggestive, threatening, inflammatory, fraudulent, otherwise objectionable or which threatens our relationship with our employees, partners, customers, or suppliers; (b) infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; (d) contains personally identifiable information belonging to minors; (e) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; (f) is spam, direct marketing or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; or (g) violates these Terms, or in Greenz salads’ sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Sites, or which damage the image or rights of Greenz Salads’, other users, or third parties.
To the extent that the following activities are prohibited by applicable law, in using the Sites you will not: (a) use the Sites for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with the Sites or the network and systems of a Greenz Salads service provider (“Service”), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on the Sites; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on the Sites or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to the Sites or Service; (f) use the Sites or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of the Sites, Service, or another entity, or obtain or bypass others’ passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
MODIFICATIONS TO THE SITES
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on the Sites. The Sites may include inaccuracies or typographical errors that may be corrected as they are discovered at Greenz Salads’ sole discretion. Further, Greenz Salads reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Sites including but not limited to content, features or hours of availability. Greenz salads may impose limits on certain features of the Sites or restrict your access to part or all of the Sites without notice or penalty.
You may elect to participate in certain functionality of the Sites which will allow you to use the Sites to purchase Greenz Salads products (“Mobile Payment”). Mobile payment may be accepted at participating Greenz Salads locations in the United States. Greenz Salads reserves the right at any time to discontinue Mobile Payment or change the location of the restaurants accepting Mobile Payment.
MOBILE ORDER AND PAY (MOP) AND DELIVERY
You may also elect to participate in certain functionality of the Sites which will allow you in certain Greenz Salads locations in certain markets to use the Sites to order and pay for certain Greenz Salads products prior to arrival at the restaurant(“MOP”). Greenz Salads reserves the right at any time to discontinue MOP or change the location of the restaurants or markets offering MOP.
THE SITES, THEIR CONTENTS, AND ANY SOFTWARE, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GREENZ SALADS AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT (INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THE SITES, THEIR CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITES) AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO THE SITES. GREENZ SALADS DOES NOT WARRANT THAT THE SITES OR THEIR CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GREENZ SALADS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THE SITES; ANY CONTENT OR MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE SITES; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE SITES; ANY LINK PROVIDED ON THE SITES; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT GREENZ SALADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THE SITES.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITES.
You agree to defend, indemnify and hold Greenz Salads and each of its subsidiaries, affiliates, franchisees, licensees and any of their respective directors, officers, employees, shareholders, members, agents, licensees, successors, assigns or other representatives, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Sites including, without limitation, transmission or placement of information or material by you on the Sites, , or (ii) violation of any of these Terms. This provision shall survive the termination of your right to use the Sites.
All disputes between you and Greenz Salads arising or relating to: (a) these Terms; (b) the Sites; (c) any advertisement or promotion relating to these Terms or the Sites; or (d) transactions effectuated through the Sites; or (e) the relationship which results from these Terms (including relationships with third parties who are not party to these Terms) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes. Neither you nor Greenz Salads will participate in a class action or class-wide arbitration for any claims covered by these Terms. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. These Terms shall be governed by the Federal Arbitration Act and, where consistent, Texas law. Greenz Salads reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Sites.
Greenz Salads may at any time and at its sole discretion terminate your right to use the Sites.
You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Dallas County, Texas, and waive any objection to such jurisdiction or venue.
We may assign all or part of these Terms without notice to you. We are then released from all liability. You may not assign these Terms without our prior written consent and any attempted assignment will be void.
These Terms constitute a binding agreement between you and Greenz Salads and supersede all prior agreements, understandings and representations between the parties regarding the subject matter herein. No failure by Greenz Salads or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. These Terms are effective until terminated by you or Greenz Salads, which Greenz Salads may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Sites, your only recourse is to immediately discontinue use of the Sites. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms.
If you have any questions or comments about these Terms, please contact us via the Contact Us section of the Site.
The Sites contains links to or references to other web sites owned and operated by third party, including among others those of advertisers and other third parties and companies whose trademarks appear on the Sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Greenz Salads or its affiliates. This could be the case even for those web sites that carry Greenz Salads’ or its affiliates’ trademarks or logos or which are framed by the Sites. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. We are not responsible for the information collection practices or the content of the sites to which we link.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
If you are a California resident, you can also request a notice disclosing the categories or personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes. To request a notice, please submit your request by mail to: Greenz Salads, LLC, Attn: Customer Service, 2811 McKinney Ave., Ste. 354, Dallas, TX 75204. Please specify that you are requesting a “California Privacy Rights Notice.” We will make every effort to promptly respond to your request.
If you have any questions or concerns regarding these Terms, contact us via the Contact Us section of the Site, or write to us at Greenz Salad, LLC, 2811 McKinney Ave, Ste. 354, Dallas, TX 75204.
© 2018 Greenz Salads, LLC. All rights reserved.