These Terms and Conditions were last updated on April 1, 2024
Welcome to greenanalyticslabs.com.The following terms and conditions (“Terms and Conditions” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,”“your,” or “Client”) and Green Analytics (collectively, as defined below)(or “we” or “us” or “our”), governing your access to and use of the www.greenanalyticslabs.com websiteand any other media form, mobile application or mobile website related or connected there to (collectively, the “Site”), andany content, information, functionality, products or services supplied by or on behalf of us through the Site, including our client service portal (collectively, the “Services”).Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms and Conditionsby reference.
ARBITRATION NOTICE
Please note: These Terms and Conditions between us contain an arbitration clause and class action waiver that require you and Green Analyticsto resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing, browsing, or otherwise using the Services, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced or linked herein. These Terms apply to all users of the Services, including without limitation Clients (as defined below), users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to abide by these Terms, including modifications that Green Analytics may make to these Terms in the future, then you may not access the Site or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
The Site is owned and operated by a group of sevenaffiliated but separate andprivately held limited liability corporations, collectively referred to herein as “Green Analytics.” The members of our group are ISO-accredited and state-licensedcannabis testing laboratories each operating independently in a different state. Our laboratory members includeGreen Analytics Maryland, LLC (Columbia, MD), Green Analytics North, LLC (Harrisburg, PA), Green Analytics East, LLC (Hamilton, NJ), Green Analytics Massachusetts, LLC (Framingham, MA), Green Analytics NY, LLC (Pearl River, NY), Green Analytics West Virginia, LLC (Morgantown, W. Va), and Green Analytics Virginia, LLC (Ashland, VA) (collectively, “Green Analytics”). The obligations of each Green Analytics entity hereunder or otherwise are distinct, and any liability hereunder or relating hereto shall be several and not joint. Each user of the Site and/or the Services agrees that any dispute arising or relating thereto must and shall be addressed as between the applicable user and the applicable Green Analytics entity or entities.
We may have other websites that are governed by different terms and conditions.
Green Analytics makes no representation that material on this Site is appropriate or available for use in other locations and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Availability of Products
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service. Specific advice concerning the availability and suitability of any particular product or Service should be sought before purchase. Products or Services described or listed on this Site may not be available in all states. TheServices are not available outside of the United States.
Content
The information provided on theSite has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given in regard to its accuracy or completeness. This Site should not be considered error-free or as a comprehensive source of all information on a particular topic. Green Analytics makes no warranties or representations as to the accuracy of the content of the Site and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on theSite. Your use of the Site and Services is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Site. You assume the entire risk of loss in using the Services, and materials contained in the Site.
We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any products, Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Green Analytics does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services or products.Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.
Copyright, Trademarks and other Intellectual Property
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on Site.The Site and all of our Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available on the Site or through the provision of our Services (collectively referred to as the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties. All right, title and interest in and to the Content available on the Site or through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws. We do not grant you any license or right to use the Content by providing you with access to and use of the Site or any of our Services other than as explicitly set forth herein. You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission. Any unauthorized use of any of the Content in violation of these Terms and Conditions or the Privacy Policy is prohibited and may violate applicable intellectual property laws.
Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Services, you are granted a limited, nonexclusive, revocable license to access, download, or print for the noncommercial purpose of scientific or educational advancement or within the scope allowable by these Terms and Conditions. We reserve all rights not expressly granted to you in and to the Sites, Services, and Content.
Right to Change Terms and Conditions
Green Analytics may, at any time and from time to time, update, change or replace any part of these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Website. You agree to review these Terms and Conditions periodically, and your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
Client Service Portal
Green Analytics uses a client service portal for use with its clients (“Client” or “You”). All uses of the client service portal shall comply with these Terms and Conditions, including the following:
Sample Taking Procedures
Sample taking procedures are made available to protect the integrity of the sample and to assure accurate test results. Test results are specific to the samples provided and tested. The accuracy and reliability of the results is strictly dependent on how well procedures for providing samples are followed.
Disclaimer of Warranties Regarding Publication
Green Analytics hereby makes no warranties or representations (whether express or implied) in connection with the publication of test results, including, without limitation, that the Website will run uninterrupted or error free, that Client may obtain certain financial results from the publication of the test results on the Website, any implied warranties of merchantability or fitness for a particular purpose, or any other warranties.
Client Representations
Client represents, warrants, and covenants that it will not, nor does it intend to, use Green Analytics’services to (a) violate or infringe the rights of others in any way; (b) commit a harm or other tort, whether intentional or otherwise; or (c) commit a crime. If Client is engaged in the cannabis industry, Client further represents, warrants, and covenants that it holds a valid and current state license to engage in the cultivation, manufacturing, distribution, retail, or combination thereof of cannabis. If at any time Client no longer holds a current license for its regulated cannabis industry, Client shall immediately, and in no event later than five (5) days after losing such license, notify Green Analytics in writing. Client’s holding a valid license is a necessary condition to these Terms and Conditions and, therefore, any loss of such licensure shall immediately terminate any obligations of Green Analytics hereunder. Upon our request, Client agrees to provide cannabis-related license information with respect to applicable state and local law.
Cancellation Policy
Green Analytics makes every effort to accommodate a Client’s requested date and time for a sampling event or R&D pickup. We understand that Clients may need to cancel for various reasons, but due to the financial and scheduling impact cancellations can have on our business, Green Analytics requires 24-hour notice.
Limitation of Liability
The use of the Services is at your own risk. To the fullest extent permitted by applicable law, under no circumstance shall Green Analytics, its subsidiaries and affiliates, and its respective directors, officers, employees, agents, successors, and assigns, be liable to any user of the Site or the Services or any other person or entity for any direct, indirect, special, incidental, consequential, punitive, or other damages, including without limitation, damages for loss of profits, revenue or data, pain and suffering, emotional distress, or other losses or damages of any kind whatsoever arising out of the Services, inclusive of any test results, or the publication of any test results on a third-party website, or the use or inability to use the Services, the Site or any content contained thereon, whether based upon warranty, negligence, contract, tort, strict liability, or otherwise, even if Green Analytics has been advised of the possibility of such damages or losses.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GREEN ANALYTICS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO GREEN ANALYTICS FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
All results provided by Green Analytics are strictly for the use of Client. Green Analytics is not in any way responsible for the use of such results by any third parties. All results should be considered in their entirety, and Green Analytics is not responsible for the separation, detachment, or other use of any portion of these results. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
Disclaimer of Warranties
You agree that your use of the Services is at your own risk to the full extent permitted by law. All content on or accessible from the Site is provided “as is” without warranty of any kind. Green Analytics, its affiliates, its officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Services, and your use thereof, including without limitation, warranties of title, salability, or any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.Green Analytics does not warrant that the functions or the Content contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
Indemnification
Client agrees to defend, indemnify, and hold harmless each Green Analytics laboratory member, any and allparent, affiliates, subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, agents, successors and assigns from and against any claims, allegations, actions, demands, causes of action, lawsuits, investigations and proceedings(including, without limitation, any and all liability, damages, costs, expensesreasonable attorneys’ fees and costs, settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with (i) your violation or breach of these Terms, or of any of the warranties, representations, or covenants contained in these Terms; (ii) your use of the Site or Services; (iii) your dispute with another Client or user; (iv) your violation of any rights of any third party; or (iv) your violation of applicable law. This indemnification obligation will continue after you stop using the Site or Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Linked Sites
While browsing the Site you may be offered links to other websites. This does not indicate that Green Analytics is associated with any of these other sites or their owners. While it is the intention of Green Analytics that you should find these other sites of interest, neither Green Analytics, its affiliates, nor its respective directors, officers, employees, or agents shall have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by Green Analytics. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site or the Services.
Green Analytics may offer other products using a third-party provider. Any use of this third-party provider shall be governed by that provider’s Privacy Policy and Terms and Conditions. Neither Green Analytics, its affiliates, nor its respective directors, officers, employees, or agents shall have any responsibility or liability of any nature whatsoever for this third-party site or any information contained in them, none of which have been verified or endorsed by Green Analytics.
Other Green Analytics websites may be governed by separate, specific Terms and Conditions and Privacy Policies. Upon your entry to another Green Analytics website, you should carefully read the Terms and Conditions and Privacy Policies governing such website.
Governing Law; Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state in which the Services were provided, without regard to its conflict of law principles. Nothing in these Terms and Conditions will prevent Green Analytics from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
By using or accessing our Site or Services, you consent to the exclusive jurisdiction of the state courts located in Baltimore County, Maryland, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to the arbitration clause set forth below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue. All other actions or proceedings related to these Terms and Conditions, the Privacy Policy or our Services shall be resolved exclusively in accordance with these arbitration terms.
Dispute Resolution; Arbitration
Except as otherwise set herein, any dispute arising out of or relating to these Terms and Conditions, our Privacy Policy or the breach thereof shall be finally resolved by private, confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted inBaltimore County, Maryland. There shall be a single arbitrator. The arbitrator shall decide the dispute in accordance with the governing law provision set forth in these Terms. The parties will share equally the cost of the arbitration but will separately pay their respective attorneys and other costs of the arbitration. Any arbitral award may be enforced in any jurisdiction. The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.
Waiver of Jury Trial
THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF. THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THESE TERMS AND WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THESE TERMS AND CONDITIONS.
Class Action Waiver
To the fullest extent permitted by applicable law, any dispute proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN 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 (1) 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.
Timing of Claims
Any cause of action or claim you may have with respect to the Site or Services or any product or Service acquired thereunder must be commenced within one (1) year after the claim or cause of action arises.
Privacy Policy
The Green Analytics Privacy Policy is available on this Website and is incorporated by reference in these Terms and Conditions. By accessing and using the Services, you agree to the terms of the Green Analytics Privacy Policy. You should read the Privacy Policy carefully.
Accessibility
We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at GA.Info@greenanalyticslabs.com.
No Guarantee of Employment
Green Analytics may list or describe certain career opportunities on the Site. Green Analytics makes no guarantee or promise that, upon application for employment, you will receive an offer for employment or placement in the position for which you applied, or that any employment or position is available.
Equal Employment Opportunity Commission Statement
Green Analytics does not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, or veteran status. Green Analytics makes all decisions regarding offers of employment in accordance with applicable federal, state, and local laws.
Force Majeure
Green Analytics shall have no responsibility or liability to the Client for any failure or delay in performance by Green Analytics which results in whole or in part from any cause or circumstance beyond the reasonable control of Green Analytics. Such causes and circumstances shall include, but are not limited to, acts of God; acts of orders of any government authority; strikes or other labor disputes; natural disasters; pandemics; accidents; wars; civil disturbances; difficulties or delays in transportation, mail, or delivery services; inability to obtain sufficient services or supplies from Green Analytics’ usual suppliers; or any other cause beyond Green Analytics’ reasonable control.
Severability
In the event that any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
Electronic Communications, Transactions, and Signatures
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous Terms and Conditions
Green Analytics and Client may have other Agreements in place. In the event that there exists a conflict between any term, condition, or provision contained within these Terms and Conditions and any term, condition, or provision contained within a Testing Services Agreement, the Testing Services Agreement “TSA” shall control. Green Analytics specifically rejects all additional, inconsistent, or conflicting terms, whether printed or otherwise set forth in any purchase order or other communication from the Client to Green Analytics.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement between you and Green Analytics with respect to your use of and access to Services. Any failure by Green Analytics to exercise or enforce any provision or right under these Terms and Conditions does not constitute a waiver of that provision or a waiver of any other breach by or obligation of the Client. Any rights not expressly granted in these Terms and Conditions are reserved. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
There is no joint venture, partnership, employment or agency relationship created between you and Green Analytics as a result of these Terms and Conditions or use of the Site and Services. Upon Green Analytics’ request, you will furnish Green Analytics any documentation, substantiation or releases necessary to verify your compliance with these Terms and Conditions.
Contacting Us
If you have any questions regarding these Terms and Conditions, you may contact us using the following information:
Green Analytics
9140 Guilford Road, Suite A
Columbia, MD 21046
GA.Info@GreenAnalyticsLabs.com
Effective Date: April 1, 2024