Terms and Conditions
Terms and Conditions OF SERVICE
Last Updated: March 23, 2023
Hello and welcome to Green Lane. We believe that a nutritious, balanced diet is the key to leading a happier, healthier life. At Green Lane, we've made it our mission to provide the communities we serve with better access to affordable, fresh produce.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE UTILIZING OUR WEBSITE OR MOBILE APPLICATION. THESE TERMS OF SERVICE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS CUSTOMER OF GREEN LANE, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These Terms and Conditions of Service (these "Terms" or “Terms of Services”) apply to the purchase and sale of products and services from Orto Direct, LLC, d/b/a Green Lane including any websites, mobile applications, or other devices or platforms which are owned or operated by Green Lane or its subsidiaries and affiliates (this "Site"). Green Lane (referred to herein as "us", "we", or "our") reserves the right to amend, update, and modify these Terms at any time and without prior written notice, in our sole discretion. Any changes to the Terms will be effective as of the "Last Updated Date" set forth at the top of this Terms of Service webpage. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such updated Terms.
- General Terms.
- By placing an order for products from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Service.
- By placing an order from this Site, you represent and warrant that you are buying such products for your own personal or household use only, and not for resale, export, or other commercial purposes. You further represent and warrant that all product purchases are intended for final delivery to locations within the US, and no purchases are being placed on behalf of a company or commercial operation.
- You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not of legal age to enter into a binding contract with Green Lane (c) are prohibited from accessing or using this Site or any of this Site’s contents, platforms, goods or services by applicable law or (d) intent to use our products, services, or Site for any illegal or unauthorized purposes.
- Order, Acceptance, Modification, and Cancellation. You agree that all orders of our products from this Site are a definitive offer to buy, under these Terms, all products and services included in your order. We reserve the right to refuse service to anyone for any reason at any time. We may decline any order, for any reason or no reason. We may also cancel any accepted order at any time, subject to refund. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to limit quantities which may be purchased in each order, by each person, and for each household. We reserve the right to limit the sales of our products or services to any locations, geographic regions or jurisdictions.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping, handling, or delivery. All such taxes, charges or fees will be added to your merchandise total and will be itemized in your shopping cart at checkout. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. All products display on this Site are subject to availability limitations.
- We may offer, from time to time, promotions, temporary discounts, or loyalty rewards programs on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern, including any additional conditions, restrictions or exemptions which may apply.
- Terms of payment are within our sole discretion and payment must be received by us before we accept an order. With respect to all orders from this Site, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment and delivery of the products to you. It is your responsibility to review and understand the shipping and delivery charges applicable to your order(s). You will pay all delivery charges specified during the ordering process.
- Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- If you are not present or available when your delivery arrives to your requested location, the courier may generally leave the product delivery at the front door of the location, unless other delivery instructions have been expressly specified by you in your order. We make no guarantees with respect to the timeliness of our products delivery.
- Returns and Refunds. All orders placed on the Site are final. We do not accept returns of purchased products. If you are not satisfied with our products and services following your purchase, please contact us at email@example.com within twenty-four (24) hours of receipt of your products.
Disclaimer of Warranties.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WE DO NOT WARRANT THAT THE QUALITY OR TIMELINESS OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR PERSONAL EXPECTATIONS. WE DO NOT WARRANT THAT DELIVERY OF OUR PRODUCTS WILL BE SECURE FROM THIRD-PARTY INTERFERENCE. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE SANITIZATION, STORING, PREPARING, USE, AND CONSUMPTION OF ALL PRODUCTS OFFERED BY GREEN LANE. YOU ACKNOWLEDGE THAT THE NINE MAJOR ALLERGENS (MILK, EGGS, FISH, CRUSTACEAN SHELLFISH, TREE NUTS, PEANUTS, WHEAT, SOYBEANS, AND SESAME), MAY BE STORED, PACKAGED, OR PORTIONED AT OUR FACILITIES, AND YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE CONTENTS OF OUR PRODUCTS PRIOR TO PLACING YOUR ORDER, HANDLING OUR PRODUCTS, OR CONSUMING OUR PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR INSPECTING ALL PRODUCTS FOR ANY DAMAGE OR ORDER NONCONFORMITY UPON DELIVERY.
- YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY SIMILAR OR RELATED DAMAGES.
- Limitation of Liability; Indemnification. IN NO EVENT SHALL GREEN LANE, OR ANY OF GREEN LANE’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE EXPRESSLY LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.
- Dispute Resolution and Binding Arbitration.
- YOU AND GREEN LANE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be submitted to, and finally determined by, arbitration pursuant to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect. The arbitration proceeding will be confidential and will be arbitrated by a sole arbitrator. The existence of any matter submitted to arbitration, and the award, will be kept in confidence, except as required in connection with the enforcement of such award, or as otherwise required by applicable law.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GREEN LANE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Intellectual Property. This Site, and all features, functions, logos, slogans, service names, or other content which may appear on the Site from time to time (“Intellectual Property”) is owned by (or duly licensed for use by) Green Lane and is protected by copyright, trademark, and other laws of the United States governing proprietary rights and intellectual property. Any use of Green Lane’s Intellectual Property, including (but not limited to) modification, distribution, or reproduction for purposes other than those expressly set forth in this Terms of Services is prohibited.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Green Lane reserves the right to assign its obligations under these Terms at any time in its sole discretion.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Green Lane.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.