Green Myst, LLC Terms of Use
Effective: June 10 , 2025
1. Green Myst , LLC Terms of Use – Effective Immediately
These Green Myst, LLC Terms of Use (“Terms”) are effective immediately for all persons accessing or using our services, including our website
(www.Greenmystllc.com), online platform/marketplace, software and functionalities, and/or our fulfillment services (“Services”). We provide, and you use, our
Services subject to these Terms and the Green Myst, LLC Privacy Policy (“Privacy Policy”). These Terms constitute a legally binding contract between you
and Green Myst, LLC regarding your use of our Services.
The terms “Green Myst, LLC”, “we”, “our”, and “us” refer to Green Myst, LLC, a New York limited liability company. The terms “you” and “your” refer to you,
our customer who purchases items marketed and/or sold through our Services, a visitor to our website, or other user of our Services.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 15 BELOW, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF YOUR CLAIMS
AGAINST US MUST BE SUBMITTED TO BINDING ARBITRATION WITHOUT JOINDER OF OTHER CLAIMANTS AND YOU WAIVE YOUR
RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST US AND
WAIVE THE RIGHT TO A TRIAL BY JURY.
2. Our Services
Who We Are: Green Myst, LLC provides an online retail platform/marketplace through our website and related software, applications and functionalities (“Platform”)
on which we market and sell our cleaning products and on which shoppers can view, review and purchase those products from us. Our products include our
Sparklitize® branded line of cleaning products, including our Sparklitize® All Purpose Cleaner and our Sparklitize® Heavy Duty Cleaner (collectively referred
to herein as our “Products”).Users of our Platform may purchase the listed Products through the use of our Services and by use of a third-party payment service
to process payments for the Products purchased. We provide or facilitate the fulfillment services, including warehousing, packaging and shipping the orders
using third-party delivery services chosen by the customers.
Caution as to our Products: The labels on our Products contain very important information concerning (a) the content, storage, disposal, and use of our
Products, (b) warnings about eye and skin irritation, and to keep the Products out of the reach of children, (c) warnings about first aid in the event of
eye or skin irritation, and (d) directions for use. Customers are hereby reminded to read the labels and strictly follow the instructions on the labels and
observe the warnings and notices on the labels. Do not add any other ingredient to our Products. The effectiveness of our Products is based in large
part on you following the use instructions set forth on the Product labels and, consequently, our Products are sold “AS IS” and without warranties and
all implied warranties are disclaimed, to the fullest extent allowed by applicable laws.
Services Updates: Our Services will be subject to periodic updates, discontinuance and/or replacements that may become necessary for numerous reasons,
including software updates, bug fixes, plug-ins, vulnerability fixes, to improve efficiency, to add new functionalities, to repair or change our website, Platform,
fulfillment center, other infrastructure or equipment, and for commercial, compliance and legal reasons (“Updates”). The website, Platform and/or fulfillment
center may be temporarily unavailable as a result of said Updates.
Services Modifications: We may modify, suspend, takedown, discontinue, or terminate our Services and information associated with our Services, in whole or
in part, at any time with or without notice. We may interrupt the availability of the Services, in whole or in part, at any time, without notice, including for routine
or non-routine maintenance, error correction, changes in third-party provider or to incorporate new provider’s requirements, or other changes. We undertake no
obligation to furnish any maintenance and support services with respect to third-party services or equipment, your connectivity, device, application or other
access to or use of our website, Platform or our other Services
Services Availability – Void Where Prohibited: Our Services or Products or certain components or features of our Services or Products may not be available to,
or permitted for, all persons or in all geographic locations. We may limit or not offer our Services to any person or geographic area, including where the export
or use of our Services is restricted or prohibited by applicable laws. Any offer for any of our Services or Products is void where prohibited. If you choose to
access our Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
3. Eligibility & Consent to Use our Services
Age Eligibility: Any person who desires to establish an account with us or to check out as a guest to purchase Products must be at least eighteen (18) years of
age at the time of establishing the account or purchasing any Product or otherwise using our Services. There are laws in certain jurisdictions that require that a
person be of a certain age before he/she can be bound to any contract. We do not intend or desire to contract with you unless you are of the age set by applicable
law for you to be bound by a contract with us. Children under 13 years of age are not permitted to use our Services. Minors (under 18 years of age, but not
younger than 13 years of age) or persons who otherwise do not have the legal capacity to contract to use our Services may only use our Services through an
account owned by their parent or legal guardian and/or with said parent or legal guardian’s consent and direct supervision. Said parent or legal guardian is
responsible for any and all activity on our Platform conducted by a minor or persons who otherwise do not have the legal capacity to contract.
General Restrictions and Suspended or Removed Persons: We reserve the right to disable, suspend, block, close or remove your account, block you from
checking out as a guest, deny your use of your account, set transaction limits, or deny your other use of our Services at any time for any reason or no reason,
including for your violation of these Terms, failing to pay for your purchases, abuse or misuse of our Services, fraud, or violation of law. Further, if you were
previously suspended, denied or removed from our Services, you are not permitted to use our Services.
Trade Restrictions: If applicable law, regulation, governmental directive or order restricts or prohibits us from doing business with you, we will not knowingly
permit you to use our Services and you are not permitted to use our Services. You are not permitted to access or use any of our Services if you are our competitor.
User Consent: You voluntarily agree and consent to these Terms, in consideration for the license granted herein to use our Services and the other premises
contained in these Terms, which you acknowledge and agree to be good, valuable, adequate and sufficient consideration to support your agreements and covenants
contained in these Terms. Your agreement and consent may be given in several ways, including when you establish an account with us, when you complete or
update your profile on our website, by you clicking an “opt in”, “I agree”, “I consent” or other similar buttons on our website, when you start using our website,
the Platform or other Services, or when you transact business with us. Do not provide your agreement or consent if you are under thirteen (13) years of age. By accessing or using any of our Services, you consent to receiving communications from us concerning our Services, Products, your account or your access to
and/or use of our Services, and said communications may be through the Services or via emails, text messages or other means of communication. You further
consent to receiving electronic communications from us, including agreements, acceptances, rejections, notices, and other exchanges and disclosures through
emails, text messages, and other forms of communications and you agree that such electronically-transferred communications from us satisfy any legal
requirements that we provide such communications in writing. You may retain copies of those communications for your records. You may unsubscribe from our
communications as described in the Privacy Policy. You agree to comply with all laws, regulations, directives and orders that are applicable to you and your use
of our Services. Your use of any of our Services, including, but not limited to, your use of our website, Platform and/or in connection with establishing your
account with us, is your agreement and consent to be bound by these Terms and our other policies, which include our Privacy Policy. Our policies may be updated from time to time, and a copy of the most current version of said policies may be accessed at www.Greenmystllc.com.
4. Establish a User Account & Profile
Customer Account: All persons who desire to shop on our Platform must establish a customer account with us or check out as a guest and must comply with
these Terms, our Privacy Policy, our other applicable policies, guidelines and requirements, and applicable laws, regulations, and governmental directives and
orders
All Accounts: To use our Services, each customer must establish a user account, username and password or some customers may check out as a guest. In order
to establish your user account, username and password or check out as a guest, you must provide some personal information, including your full name, physical
address (street, suite or apartment number, street name, city, state, country, and zip code), email address and/or phone number. In some instances, we may also
ask for or you may disclose your date of birth or for you to agree that you are of the eligible age, in order to verify that you are of the required age to use our
Services. You are allowed to create only one account. You agree (a) to not create an account for any other person, (b) your account is for your personal use, and
(c) your account is not transferrable or assignable, without our prior written consent given by an officer of our company. You agree not to share your account,
username or password with others and to not publish or otherwise disseminate your username and password. You represent and agree that the information you
provide to us will at all times be your information and accurate. You are solely responsible for all activities and use of your account, username and password and
for keeping your account, username and password confidential and protected from unauthorized disclosure and use. You agree to notify us immediately of any
unauthorized use of your account or if your account, username or password has been compromised. If we disable, suspend, block or close your account or block
you from checking out as a guest, you may be unable to access or prevented from accessing our Services, your account details, or any files or other content that
is stored with your account. In the event that a company, business entity, organization or association (“Entity”) is authorized to establish an account with us or
otherwise use our Services, the term “you”, “your” or “individual” will mean the Entity and the individual representative or representatives of that Entity who is
authorized by said Entity to establish an account with us and/or to otherwise use our Services on behalf of that Entity; and the term “personal use” with respect
to that Entity shall mean the use of our Services by or on behalf of that Entity.
5. OMITTED
6. Customers’ Purchase of Products
The following terms shall apply to all purchases made using our Platform
Ordering: When placing orders on our Platform, please determine if we deliver to your location, the availability and pricing for the Products, that the Product is
safe for the intended user and use, the available payment methods, and the other terms and prices related to your order.
Jurisdictional Restrictions: As discussed above under “Services Availability – Void Where Prohibited” and “Trade Restrictions”, our Services may not be
available at your location. In addition, we may not be able to sell or deliver Products to certain locations due to limitations in our Services or restrictions placed
by third-party service providers, including third-party payment processors and delivery service providers. These restrictions may be based on several factors,
including lack of infrastructure, safety and security, or legal prohibitions. As of the Effective Date of these Terms, we will only ship within the United States
of America and Canada
Pricing: The list prices of Products shown on our Platform may be adjusted from time to time based on several factors, including demand and supply and for
discounts and promotions. Fees charged for delivery and other services are subject to change due to change by third-party service providers, change in applicable
laws, and other reasons. Please check the prices and fees periodically to determine the current prices and fees. We cannot confirm the total invoice amount for
your order until you complete your order by completing the checkout process on our Platform, which includes designating your delivery address, billing address
and payment method, selecting the shipping method or speed of delivery for said order and affirmatively agreeing to pay the list price for the items you are
purchasing, the amount for your shipping selection and any applicable taxes and fees and other costs associated with said order. Despite our best efforts, a small
number of the items may be mispriced. If we discover that the correct price of any Product is higher than the price posted, we reserve the right to either contact
you for instructions before shipping or cancel your order and notify you of such cancellation.
Shipping Charges: The shipping charges for your order will be shown at the time you checkout and will be based upon speed of delivery you choose, type of
delivery chosen (such as air or ground transportation), delivery location you select, weight, nature of the Product purchased, and other factors. You must pay all
shipping charges, in addition to the list price for the Product purchased. Deliveries to international locations will be subject to tariffs, custom duties, taxes and
other charges. You must also pay all tariffs, customs duties, taxes, and other charges applicable in your jurisdiction, including GST, PST, HST. The limits for
duty-free packages are established by your local customs authorities. Please check your local customs authorities for more information.
Currency: All prices, charges, fees, taxes and other items to be paid that are posted on our Platform are stated in United States Dollars, unless otherwise expressly
stated. The third-party payment processor may try processing your payment in your local currency, subject to limitations and may have to charge your
card in USD, in which event you may be subject to, and solely responsible for, any additional costs and fees assessed as a result of said currency
conversion, including, but not limited to, any foreign transaction fees assessed by the issuer of your method of payment or otherwise.
Delivery: You must correctly state your delivery address, select the mode of delivery and delivery service for your order at the time you place your order, which
information will be used to process the delivery of your order. We do not have our own delivery vehicles and shipping infrastructure. We partner with third-party
delivery service providers to deliver the items you purchase on our Platform. We will make reasonable efforts to deliver your items in accordance with your
order, but we will not be responsible or liable for any delays or failure in such delivery. If your chosen delivery method is not readily available or is subject to
interruptions, we reserve the right to effect delivery of any order in multiple shipments and to select the modes of transport and carriers. We may not be able to
facilitate the delivery of your order as you instruct, if your chosen delivery address is geographically remote or otherwise difficult to make a delivery to. We will
not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond our reasonable control. In such cases, we reserve
the right, at our option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time. Deliveries outside the United States of America may be delayed for processing by customs and other regulatory bodies and for you to pay the tariffs, customs,
duties and other charges and take other actions required for your shipment to be released to you and we are not responsible or liable for any delay or failure to
deliver due to any such cause.
Payment Authorization: You must correctly provide your payment information to pay for your order at the time you place your order, which information will
be used to process your payment. You authorize us to charge all sums for the orders that you make, including all applicable list prices, charges, fees, taxes and
other specified amounts, to the payment method specified in your account or order. We may seek pre-authorization of your credit card account or other payment
method prior to processing your order to verify that the payment method is valid, the order is within the available credit limit or authorized payment limit, and
the payment method can be used for the order. We will not be responsible or liable for any delay or failure to deliver your order due to denial of credit or other
refusal of your payment method or delay in verifying your method of payment. You authorize us to contact you and discuss with you, via phone, email, text
message or other means, the status of your chosen method of payment and any denial, delay or claims.
Payment Processing: We have partnered with a third-party payment processing service, to process payments you make when using our Services (“Payment
Processor”). We may partner with other third-party Payment Processors from time to time and they will be identified on our Platform. By placing your order on
our Platform, designating your method of payment and affirmatively agreeing to pay for your order, you agree to (a) said Payment Processor processing your
payment and using your information to process your payment, (b) the fees charged for processing your payment, denied credit, or rejected payments, chargebacks
and collections to be charged to your card or account, and (c) to the Payment Processor’s terms of use, privacy policy, and related policies. We are not responsible
for the actions of the Payment Processor with respect to the foregoing actions; and the processing of your payment is pursuant to an agreement between you and
the Payment Processor.
Delinquent Accounts: We may disable, suspend or block your use of our Services and/or your account or close your account if any amount you owe is due but
unpaid. In addition, we reserve the right to charge you and to seek and collect from you all amounts you owe, plus fees and charges that are incidental to any
chargeback or collection of any such unpaid amount, including collection fees, attorney’s fees and costs.
Transaction Limits: We may impose transaction limits on some or all customers relating to the value of any single transaction or cumulative transactions by any
customer, if we suspect fraudulent, deceptive or illegal activity or for any transactions in violation of our Terms, our other policies or other applicable agreements.
No Returns and No Refunds: All sales of our Products are final and we do not accept returns and do not offer refunds. If we institute a return & refund policy,
it will be posted on our website.
Risk of Loss: You assume all risk of loss, damage, and liability for any Product purchased from us while you have title, possession, custody or control of the
Product or from your use or permitted use of the Product.
7. Your Information & Privacy Policy
The personal information you provide to us, including through our Platform, will be collected, stored, used and otherwise processed according to our Privacy
Policy. Your User Content (defined in Section 10 below), which includes your ratings, reviews, sentiments, feedback, text messages, product descriptions,
graphics, photos, videos and other content you post, will be collected, stored, used and otherwise processed according to our Privacy Policy. By using our
Services, you agree to our Privacy Policy.
8. Ownership of Our Services and Permitted Use
Our Property Rights: All intellectual property rights and other rights, title and interests throughout the world, including copyrights, patents, trademarks, service
marks, trade names, trade dress, trade secrets, moral rights, performance rights, publication rights, attribution rights, registration and renewal rights, authorship
rights, goodwill, and economic rights (“Property Rights”) in and to our Platform, Services and infrastructure and each component of our Platform, Services,
infrastructure, Updates, logos, content, materials, data, software, computer codes, source codes, object codes, user interfaces, visual interfaces, look and feel,
interactive features, graphics, artwork, icons, other elements of our Services, content, compilations (including our selection, arrangement, coordination,
aggregation and expression of our content and other content), Products, other products, techniques, tools, designs, structure, models, prototypes, texts, drawings,
and processes, are owned by us or our respective licensors and reserved exclusively for us or our licensors.
Third-Party Rights: All intellectual property rights and other right, title and interest in and to third-party property, including software, trademarks, tradenames
associated with our Platform and other Services are the property of their respective third-party owners. Reference to any third party, third-party products and
services are not meant to indicate any partnership, joint venture, or other relationships between us and those companies or any sponsorship of us or our Platform,
fulfillment services or other Services by those companies.
No Joint Ownership: Except for the Limited End User License granted herein to you, no Property Rights or other right, title or interest shall accrue to you or to
any user or users of our Services, by implication, estoppel, or otherwise (a) in or to our Platform, Services or infrastructure or (b) from our use of any User
Content or any other information, product listing information or images generated by any users of our Services. All goodwill and other value accruing from your
use of our Services or from derivatives we create or from our use of User Content shall accrue only to us and shall be our property without any compensation
payable to you for such value.
Limited End User License: Conditioned upon and subject to your complete and ongoing performance of your obligations hereunder, your compliance with these
Terms, including the license restrictions set forth in these Terms, and your compliance with our other policies, we grant you, solely for your personal, non-
commercial use, a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to use our Services in compliance with these
Terms, our other policies and applicable laws (“Limited End User License”). If you violate any of these Terms, the Limited End User License shall automatically
and immediately terminate, we may disable, suspend, block or terminate your access, use and/or account at any time, and you may be unable to or prevented
from accessing our Services, your account, your account details, or any files or other content that is stored with your account, without any refund or compensation
to you. Your ability and right to use our Services is subject to other third-party providers’ terms of use, privacy policy, cookie policy and other policies, agreements
and legal requirements between you and any such third-party providers. We do not grant you any implied license or rights, except for the rights expressly and
unambiguously licensed under these Terms. We retain for us and our licensors all rights not expressly licensed to you under these Terms.
Our Restrictions to Limited End User License: The Limited End User License does not give you the license or right to, and you covenant and agree to not, do
any of the following (except if and to the extent that the respective restriction is expressly prohibited by applicable law):
(a) use our Services if you are prohibited by law from doing so;
(b) solicit the performance of any illegal activity or use the Services for any purpose that is unlawful or prohibited by these Terms;
(c) forge or manipulate identifiers to disguise the origin of any User Content or any post, message, or transmittal you send or communicate through
the Services;
(d) collect, harvest, data mine, post, sell, market, disseminate, distribute, reproduce, copy, broadcast, publish, download, or otherwise use other user’s
account information or the personal information, personally identifiable information, or personal data of any other user or other person;
(e) reverse look-up or trace any information or account of other user(s) or visitor(s) to its source or exploit the Services in any way to determine or
reveal any personally identifiable information or personal data of any other user or other person;
(f) solicit the performance of any illegal activity or violate the rights of others;
(g) post any content that violates or infringes the rights of others;
(h) tamper with or modify the content posted by others;
(i) disseminate, distribute, reproduce, copy, broadcast, publish, download, or otherwise use your account information for the benefit of any third party;
(j) sell, re-sell, assign, transfer, license, sublicense, or re-license the Limited End User License or any right granted thereunder;
(k) sell, license, disseminate, distribute, reproduce, copy, broadcast, publish, publicly perform or display, network, modify, enhance, supplement,
create derivative works or adaptations from, make derivative use from, adapt, translate, disassemble, alter, decompile, reverse engineer or otherwise
reduce to human readable form, commercially exploit, misuse, misappropriate, or infringe, in whole or in part, our Platform, Services or any feature
or component of our infrastructure or Services;
(l) take any action that imposes an unreasonably large volume or load on the infrastructure, including our website or associated systems or network;
(m) use any device, software or routine to interfere with the proper working of our Platform or associated systems or network or any transaction being
conducted through the Services;
(n) interfere with or circumvent any feature of our Services, Platform, or infrastructure, including any security or access control mechanism;
(o) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form)
used in connection with the Services, except as expressly permitted by the respective trademark owner;
(p) use any meta tags or hidden texts using our name or trademark or other third-party trademarks;
(q) use of data mining, robots, deep-link, page-scrape, spider, or similar data gathering and extraction tools or other automatic device, program,
algorithm or methodology or similar automatic or manual process to monitor, access, acquire, or copy any aspect of the Services, Platform,
infrastructure, our content, or any User Content; and/or
(r) use, upload or transmit any viruses, worms, spyware, malware, Trojan horses, lockout devices, or shutdown devices to our Platform, website,
infrastructure or in connection with your use of our Services.
9. Third-Party Services, Fees and Advertising
You are solely responsible for obtaining all third-party services and for the payment of all third-party fees that you incur in connection with your use of our
Services, such as fees you may incur for any items you purchase, delivery, taxes, device cost, access and data fees, internet provider and mobile carrier charges,
connectivity charges, and peripheral equipment costs. We do not control and have no responsibility for the ads and content that third parties post or permit others
to post on their platforms or while you are using our Services and we do not undertake any obligation to monitor or sensor those ads or content. You are solely
responsible for setting your user preferences on your devices to control what content is viewed through your devices.
10. User Content & Content Guidelines
10.1. User Content: User-posted ratings, reviews, sentiments, feedback, texts, product description, graphics, photos and videos, (including artwork, designs,
words, phrases, photographs, and other displays), that are made available on our Platform are referred to herein as “User Content”, “user content” or “content”.
All User Content, including your user content, is intended for public viewing and consumption with no payment or other compensation to the user and will not
be treated as confidential, and no privacy right or protection is granted herein to any User Content. You are responsible for the content you post, including its
legality, reliability and appropriateness. Other users of our Platform or our other Services may review or comment on your posts, may reshare your posts, and
may create similar posts and share their reviews and comments for other users to see, comment on and/or reshare. You grant us and other users of our Platform
or our other Services an irrevocable, royalty-free, worldwide, non-exclusive license and right to use your user content. Based on your activity or lack thereof on
our Platform, other users can determine whether you are active or not on our Platform. Because we and others place great importance on your reviews and other
User Content, we ask that you provide your reviews with objectiveness and honesty to make our Platform a healthy and reliable ecosystem. Your User Content
must comply with the Content Guidelines set forth in these Terms.
10.2. Content Guidelines: Your User Content must satisfy the following content guidelines (“Content Guidelines”) and you represent to us that your User
Content satisfies the following Content Guidelines:
(a) your ratings and other content must be unbiased, objective and honest: you should not rate or review any product, service, business or item that is
your own or your employer’s and you should not in any way provide ratings or reviews in return for compensation or benefits;
(b) you must respect the privacy of others: in your reviews and other content, do not post personally identifiable information, personal information or
private information of others, such as information from which an individual can be identified or from which their location can be determined. Do not post photos, sketches, drawings, or videos of others without their permission, including the permission of the photographer, videographer and the
model, actor or other person shown therein;
(c) your content must be your original creation, you must own all rights therein and must be permitted to post the content via our Services. Do not
post work product or work made for hire of others without their prior written permission;
(d) to the extent that your user content includes any third-party personal information or proprietary information, you must have duly obtained said
third-party’s prior written permission to use their personal information or proprietary information in connection with your use of our Services;
(e) your reviews and other content must not promote or advertise for any business that competes with us, without our prior written consent;
(f) your reviews and other content must not defame or disparage us, our Products, our Platform or our other Services;
(g) your content
(i) must not infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property right or proprietary right;
(ii) must not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
(iii) must not cause us to violate any law or regulation or otherwise cause liability for us; and
(iv) should not be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
and
(h) your content must not contain any prohibited content as described below.
10.3. Prohibited Content: Do not post any content that is defamatory, inciteful, hateful, violent, obscene, invasive of privacy of others, injurious to others,
fraudulent, infringing, profane, indecent, pornographic, harassing, threatening, or otherwise inappropriate, offensive or objectionable, false or misleading, or that
is not consistent with these Terms, including, but not limited to, texts, videos, pictures, other imagery, or other content depicting, promoting, containing or
relating to any of the following:
(a) child pornography, any pornography, nudity or lewdness;
(b) death, dead or mutilated bodies or body parts of people or animals;
(c) cyberbullying;
(d) body shaming;
(e) discrimination based on race, religion, gender, sexual orientation, age, national origin, disability, color, income;
(f) unhealthy practices or behavior;
(g) sensitive or inappropriate animal imagery or test;
(h) animal cruelty, abuse or mistreatment;
(i) promotion of use or use of endangered or at-risk species;
(j) stigmatized or trivialized mental health;
(k) illegal drugs;
(l) drug lords;
(m) weapons of violence;
(n) illegal act;
(o) spamming;
(p) stalking;
(q) counterfeit products;
(r) hate or bigotry; and/or
(s) violence, insurrection, mobs, or riot.
10.4. Monitoring & Disclaimer as to User Content: We do not undertake any obligation to monitor, sensor, edit or control user content or use of the
Services. We reserve the right to, and from time to time may, monitor content and any and all other information transmitted or received through the Services for
operational and other purposes. We do not assume any responsibility or liability for user content or any loss or damage incurred or suffered as a result of user
content. We may, at any time and without prior notice, screen, edit, block or take down your posts and other User Content, in whole or in part, deny your access,
terminate your account, or turn over your content and account data to law enforcement if required to do so by law, if your User Content violates laws or the legal rights of others, or if your User Content, in our opinion, violates these Terms. When using the Services, you will be exposed to content of other users. You waive
any legal or equitable right or remedy you have or may have against us with respect to your or other users’ User Content.
10.5. Permission and License to Use User Content: By posting content on our Platform or submitting other materials to us, you grant us an irrevocable,
royalty-free, fully-paid, worldwide, unrestricted, assignable, fully sublicensable, transferrable, perpetual, non-exclusive license and right to use, reproduce,
publish, adapt, perform, translate, distribute, display, modify, edit, remove, takedown, suspend, block, delete, make statistical data and other derivative works
from, and otherwise commercially exploit said content (including all ratings, sentiments, reviews, feedback, likeness, and moral rights therein) throughout the
world and across any and all media, with the right to register and renew registration of copyrights in the derivative works we create, with no attribution to you
as the author or co-author or otherwise, and with no obligation to make payment or provide other compensation to you. All ad revenues generated from our
Platform and/or our other Services that are paid to us shall be our sole property.
11. Term, Termination & Modification of Terms
Term: These Terms become effective immediately upon your acceptance or deemed acceptance of these Terms. You are deemed to have accepted these Terms
immediately upon your first access to or use of our Platform and our other Services and shall remain bound by these Terms, as updated from time to time, for as
long as you use our Platform or our other Services or until these Terms are terminated. Your acceptance of these Terms will be deemed voluntary, knowing and
intentional upon you creating a user account, transacting any business on our Platform, clicking any button that says “I agree” or “yes” as to accepting these
Terms, or posting any User Content on our website.
Termination: If you violate any of these Terms, the term/duration of the Limited End User License will automatically terminate, you will have no license to use
our Platform or utilize our other Services, and you must immediately cease using our Platform and our other Services. We may terminate the Limited End User
License, these Terms, your account, your access to our Services, or our Services at any time, for any or no reason, with or without notice. You may cease using
our Services at any time, by sending us notice at the email address set forth below.
Modification of Terms: These Terms will be updated from time to time and the issuance date of the then current version will be shown at the top of the page
and/or in the footer (e.g., v01/13/25 – indicating an issuance date of January 13, 2025). Your continued access to or use of our Platform or our other Services
after the issuance date of the updated Terms is evidence of your agreement to the updated Terms; however, if any update to these Terms is unacceptable to you,
you should immediately cease use of our Services and immediately send us notice at the email address set forth below. These Terms may be made available in
multiple languages, but the English language version shall govern your relationship with us and, in the event of any conflict among versions of these Terms, the
most recently updated English language version shall govern and control. The most current version of these Terms may be accessed at www.Greenmystllc.com.
12. Indemnity
You are responsible for your use of our Platform and our other Services, the use of your account, and your user content and, to the fullest extent permitted by
applicable law, you shall indemnify, defend (with counsel that we approve) and hold us and our principals, officers, directors, employees, contractors, agents,
licensors and affiliates (“Indemnitees”) harmless from and against any and all loss, liability, damages, settlement amounts, demands, claims, causes of action,
judgments, awards (whether any of the foregoing is foreign or domestic), costs and expenses, including reasonable attorney’s fees, incurred or suffered by
Indemnitees to the extent arising out of or based upon (a) you violating or compromising the privacy rights of any individual, (b) you disparaging or defaming
any of our principals, officers, directors, employees, agents or affiliates, (c) your unauthorized use or misuse of our Platform or our other Services, (d) your
unlawful act, negligence, fraudulent act, or willful misconduct, (e) your User Content, and/or (f) a claim that your unauthorized use of our Services, including,
but not limited to, your use of User Content or the content of others, infringes a patent, copyright, trademark, service mark, trade secret, trade name or other
legally protected proprietary right of any person or entity. We reserve the right to assume or control the defense of any claim subject to indemnification pursuant
to these Terms, at your cost and expense, without waiving your indemnity or hold harmless obligations hereunder, and you agree to fully and promptly cooperate
and participate with us in the defense and resolution of the matter.
13. Disclaimer of Warranties
OUR PLATFORM AND OUR OTHER SERVICES ARE OFFERED “AS IS”, “WHERE IS”, “WITH ALL FAULTS” and “ON AN AS-AVAILABLE
BASIS”. WE DISCLAIM ANY AND ALL WARRANTIES FOR OUR SERVICES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, COMPATIBILITY WITH YOUR DEVICE,
TITLE, QUIET ENJOYMENT, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. WE DO NOT WARRANT THAT
OTHER USER’S CONTENT WILL BE ALWAYS APPROPRIATE, MONITORED OR SENSORED OR WILL NOT BE OBJECTIONABLE. WE DO NOT
PROMISE THAT OUR PLATFORM, OUR WEBSITE OR OUR OTHER SERVICES, FEATURES, FUNCTIONALITIES, OR OUR CONTENT WILL BE
SECURE, VIRUS-FREE, ERROR-FREE, FREE OF CONTAMINATION OR DESTRUCTIVE FEATURES, OR UNINTERRUPTED, OR THAT ANY
DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR PLATFORM, OUR WEBSITE OR OUR OTHER SERVICES WILL YIELD ANY
SPECIFIC RESULTS. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH YOUR USE OF OUR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE OR LOSS OF DATA
OR USER CONTENT. YOU ASSUME ALL RISKS AND TOTAL RESPONSIBILITY FOR YOUR USE OF OUR PLATFORM, OUR OTHER SERVICES,
THE PAYMENT PROCESSOR’S SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR
SERVICES OR ANY CONTENT IS TO STOP USING OUR PLATFORM, OUR WEBSITE AND OUR OTHER SERVICES OR STOP VIEWING OR USING
SAID CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
WE DO NOT MAKE ANY, AND YOU WAIVE ANY AND ALL, WARRANTIES FOR OUR PRODUCTS, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY ARISING OUT OF COURSE OF
DEALING, USAGE OR TRADE.
THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE
LAWS
14. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS PROFITS OR INCOME, EVEN IF APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of your use of our Platform, our website, our other Services, or our Products as permitted under these Terms, our liability shall
not exceed the lesser of the price you paid for our Product that you purchased on our website or ONE HUNDRED AND NO/100 DOLLARS ($100.00 US). This
limitation of liability shall not apply where or to the extent it is prohibited by applicable law.
15. Arbitration and Waiver of Class Actions
All disputes arising out of or relating to these Terms, including for breach, termination, enforcement, interpretation and/or validity of these Terms, and for the
determination of the scope or applicability of this covenant to arbitrate, (except those matters for which we may seek relief directly in Court as provided below)
shall be submitted to and determined by binding arbitration, on an individual basis, under the Federal Arbitration Act, and administered by the American
Arbitration Association (“AAA”), which shall be conducted pursuant to the AAA consumer arbitration rules, in Nassau County, New York, USA, before one
arbitrator. The AAA’s rules are available at www.adr.org. The party initiating the arbitration must make a written demand for arbitration, in which they describe
the dispute and claims, and submit the demand to us at info@Greenmystllc.com and also to our registered agent for service of process and AAA. Payment of all
filing, administration and arbitrator fees will be governed by the AAA’s rules. Said arbitration shall be conducted using the AAA’s expedited procedures, in
English, and in a confidential manner. The arbitration may be conducted in person, by submission of documents, by phone conference, or by online conference.
The arbitration decision will be final and binding on the parties, and the decision may be enforced by any party in any court of competent jurisdiction. Each party
shall pay one-half of the arbitrator’s fees and costs, and all of the party’s own costs, the party’s attorney’s fees and other fees and expenses incurred by said party
in connection with the arbitration. The AAA shall not award consequential damages or punitive damages against any party.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same
damages and relief as a court but must follow these Terms as a court would.
YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL
CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS
BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR
PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING.
IN THE EVENT ANY CLAIM PROCEEDS IN COURT, YOU EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
We may pursue in court any claim we may have for injunctive relief in aid of arbitration or to enjoin any infringement, misuse or misappropriation of any
intellectual property.
16. Intellectual Property Claims
If you believe that your intellectual property rights have been infringed in connection with our Services, including, but not limited to, copyright, trademark, and
patent claims, please submit your written claim to us. Any claim concerning copyright infringement must include the following information: (a) a physical or
electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has
been infringed upon; (c) a description of where the material that you claim is infringing is located on our Platform; (d) your address, telephone number, and e-
mail address; (e) 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 (f)
a statement by you, made under penalty of perjury, that the above information in your claim notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
17. General Terms
Choice of Law: THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT,
APPLICABLE FEDERAL LAWS, AND THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICTS OF LAW
PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. SUBJECT TO THE ARBITRATION
REQUIREMENTS SET FORTH ABOVE, THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL
COURTS SITTING IN NASSAU COUNTY, NEW YORK, AND THE VENUE FOR ANY COURT ACTION OR SUIT BROUGHT IN CONNECTION WITH
THESE TERMS SHALL BE IN NASSAU COUNTY, NEW YORK.
Notice: All notices shall be in writing and shall be given or made by email and/or certified or registered mail or by a reputable express delivery service to (a) us
at the email address and/or address provided in these Terms and/or (b) you at your email address or other address that we have in our records, including the email
address you provide through your use of our Services.
Attorney’s Fees: The prevailing party in any court action brought due to the other party’s material breach of these Terms or willful misconduct will be entitled
to recover its reasonable attorneys’ fees incurred in the action.
Entire Agreement: These Terms, as modified from time to time by us, constitute the entire agreement between the parties relating to the subject matter of these
Terms. Any and all prior written or oral agreements or understandings between you and us with respect to your use of our Platform or our other Services, other
than our other policies, are hereby superseded and cancelled. These Terms shall not be modified by course of conduct. These Terms do not confer any rights or
remedies on any third party, except as otherwise expressly provided in these Terms.
Nonwaiver: Our failure or delay at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder shall not be construed as
a waiver of such provisions, rights or remedies.
Assignability: Your rights or obligations under these Terms are not assignable or transferrable by you, in whole or in part, and any attempted assignment or
transfer by you shall constitute a violation of these Terms and shall be void. We may assign or transfer our rights or obligations hereunder without restriction.
No Partnership: These Terms do not create any partnership, joint venture, agency, master-servant, employer-employee, or any special or fiduciary relationship
between you and us, and no such relationship is created as a result of these Terms or your use of our Platform or our other Services
Severability: In the event that any provision herein is held to be unenforceable by a court of competent jurisdiction or other authorized authority or body, such
unenforceability shall not affect any other provision of these Terms, and the provision(s) held to be unenforceable shall be reformed to reflect the intentions of
the parties evidenced within these Terms.
Survival: The provisions of these Terms that by their terms are intended to survive the expiration or termination of these Terms shall so survive, including
Sections 11, 12, 13, 14, 15 and 17.
18. Communications
All notices, requests, complaints and claims with respect to our Services must be directed to us using the information provided below:
Green Myst, LLC
405 RXR Plaza
Uniondale, NY 11556
info@greenmyst.biz