WEBSITE TERMS OF USE

Last Revised:  04/2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING, BROWSING OR USING OUR

WEBSITES YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE

(THE “TERMS”).  GREENBOX POS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY,

ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, AT ANY TIME, WITHOUT NOTICE.  ANY CHANGES

WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO

TIME.  IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.  YOUR

CONTINUED USE OF THE WEBSITES AFTER ANY CHANGES TO THESE TERMS ARE POSTED SHALL BE

CONSIDERED ACCEPTANCE OF THOSE CHANGES.  IF YOU DO NOT AGREE WITH THESE TERMS AND

CONDITIONS, PELASE DO NOT ACCESS ANY OF THE WEBSITES.

 

SCOPE OF TERMS

These Terms apply to the GreenBox POS websites located at www.GreenBoxPOS.com

(http://www.GreenBoxPOS.com) and all GreenBox POS owned and/or operated websites that are linked to www.GreenBoxPOS.com (http://www.GreenBoxPOS.com) by GreenBox POS and its affiliates, including GreenBox POS websites around the world and secure areas of the websites (the “GreenBox POS Websites”).  The Websites are the property of GreenBox POS.  These terms also apply to any and all

online resources, materials, download areas and tools (hereinafter “Online Mediums”) both now and in

the future.

 

OWNERSHIP OF CONTENT

The GreenBox POS Websites; their past, present and future versions; all pages found within the GreenBox POS Websites; the material and information on the GreenBox POS Websites; all graphics, text, images,

audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any

computer applications, any and all copyrightable material (including source and object code) and all

other materials, including without limitations the design, structure, “look and feel” and arrangement of

such content contained on the GreenBox POS Websites (hereinafter, the “Content”); trade names,

trademarks, service marks, logos, domain names, and other distinctive brand elements, whether

registered or not are owned, controlled or licensed by or to GreenBox POS, and are protected by

intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright,

trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary

rights and unfair competition laws.  In using the GreenBox POS Websites or the Content, you

acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific

notices contained on the Websites.  All rights not expressly granted are reserved.

The GreenBox POS Websites and the Content may not be copied, reproduced, modified, adapted,

translated, transmitted, displayed, published, posted, resold, licensed, or otherwise distributed (for

compensation or otherwise) in whole or in part in any way, without GreenBox POS’s express prior written authorization, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as

amended, and then, only with notices of GreenBox POS’s proprietary rights provided that you may

download information and print out hard copies for your personal use, so long as you do not remove

any copyright or other notice as may be contained in information, as downloaded.

 

YOUR USE OF THE WEBSITES

You may not use the GreenBox POS Websites or Content for any purpose or in any manner that infringes

the rights of any third parties.

Access to and use of password protected areas of the GreenBox POS Websites is restricted to authorized

users only.  You agree that you: (i) are entirely responsible for maintaining the security of your

password; and (ii) will notify GreenBox POS immediately of any unauthorized access or use of your

account or password or any other breach of security.  You understand that any person with your

password will be able to access your account and any account data.  You accept sole risk of

unauthorized access to your account.  GreenBox POS will not be liable to you for any loss you may incur

as a result of someone else using your password or account with or without your knowledge.  You may

be held liable for losses incurred by GreenBox POS or any other user or visitor to the GreenBox POS

Websites due to someone else using your password or account.  You may not use anyone else’s account

at any time, without the permission of the account holder.

You agree not to use GreenBox POS’s Websites to: (i) attempt to gain unauthorized access to any portion or feature of the GreenBox POS Websites or any other system or networks connected to the GreenBox POS Websites or any other services offered through the GreenBox POS Websites, and/or other accounts not belonging to you, or violate security of any portion of the GreenBox POS Websites, by hacking, password mining or any other means; (ii) obtain or attempt to obtain any information, materials or documents not purposely made available through the GreenBox POS Websites through any means; (iii) attempt to interfere with the proper working of the GreenBox POS Websites or any transaction being conducted on the GreenBox POS Websites or to restrict or inhibit any other user from accessing or using the GreenBox POS Websites, by means of hacking or defacing any portion of the GreenBox POS Websites; or (iv) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Asset Control.

 

DISCLAIMERS

The information on this Website is for information purposes only.  It is believed to be reliable, but

GreenBox POS does not warrant its completeness, timeliness or accuracy.  The information on the

Website is not intended as an offer or solicitation for the purchase of GreenBox POS products or services.

GreenBox POS may make changes to any products or services offered on the Websites, or to the

applicable prices for any such products or services, at any time, without notice.  Product and service

availability is not guaranteed and is subject to change without notice.  The materials on the Websites

with respect to products and services may be out of date, and GreenBox POS makes no commitment to

update the materials on the Websites with respect to such products and services.

Your use of and access to the GreenBox POS Websites and Content posted by GreenBox POS and its

affiliates is at your sole risk.  The Websites and Content are provided only on an “AS IS” and “AS

AVAILABLE” basis without any express or implied warranty of any kind, including warranties of

merchantability, non‐infringement, or fitness for any particular purpose.  GreenBox POS makes no

representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness

of the Content.  GreenBox POS further makes no representations, warranties or guarantees that the

quality and reliability of any information, and services advertised through the Websites and/or Content

will meet your expectations and requirements, be virus‐free, or perform error‐ and damage‐free.  You

assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and

business arising out of your use of the Website and/or Content.

 

LIMITATION OF LIABILITY

You expressly understand and agree that GreenBox POS and any employee, member, shareholder,

officer, director, affiliate, or subsidiary (together, “GreenBox POS Parties”) SHALL NOT BE LIABLE to you

for:

(i)  any loss or damage which you may incur, including without limitation as a result of any reliance

placed by you on the accuracy, completeness or suitability of the Content, or any changes GreenBox POS

may make to the Websites and Content, or any temporary interruption or permanent cessation in the

provision of the Websites and Content, or, if applicable, your failure to safeguard your account details or

passwords.

(ii) to the full extent permitted by law, GreenBox POS and GreenBox POS Parties are not liable for any

direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in

connection with your use of or related to the Websites and/or Content (including without limitation for

loss of or damage to business, revenues, goodwill or data) even if GreenBox POS and/or GreenBox POS

Parties had previously been advised of, or reasonably could have foreseen, the possibility of such

damages, however they arise, whether in breach of contract, negligence or other tortious action.

If any exclusion or limitation of liability for a class of damages is held invalid, unenforceable, or

determined to be prohibited by law, all remaining exclusions or limitations of liability shall remain in full

force and effect.

 

INDEMNIFICATION

You agree to indemnify and hold GreenBox POS, its subsidiaries, affiliates, shareholders, members,

officers, directors, agents, employees and representatives harmless from any claims and demands,

including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of

and access to the Websites and Content; and (ii) your violation of these Terms and Conditions.  This

indemnification obligation will survive the termination of your GreenBox POS account or these Terms.

 

GENERAL

The Terms constitute the enter agreement between you and GreenBox POS relating to your use of and

access to the GreenBox POS Websites and Content.  Illinois law and U.S. Federal Law shall govern any

action related to the Terms and your use of the Content, without regard to the choice of law rules.  In

any dispute between you and GreenBox POS, you agree to submit to personal and exclusive jurisdiction

of the courts located in Cook County, Illinois, United States.

 

 

Rev. 04/2019