MASTER TERMS OF USE


LAST UPDATED: NOVEMBER 19, 2021

Welcome to the Greenlane Holdings, Inc. websites, which include but are not limited to www.greenlane.com, www.vapor.com, www.higherstandards.com, www.pollentech.co, www.haringglass.com, www.marleynaturalshop.com, www.pollengear.com, www.KushCo.com, Kushsupplyco.com, puffitup.com (individually a “Website,” and collectively “Websites”).

These terms of use (“Terms”) apply to the Websites or any Website, owned or operated by Greenlane Holdings, Inc. or its affiliates or subsidiaries (collectively “Greenlane,” “we,” “us,” “our”), that link to these Terms, as well as to the services offered by Greenlane, including this Website and any other features, content, services, product sales, or applications offered from time to time by Greenlane in connection with the Websites (collective, the “Services”).

Please read these Terms carefully before using the Websites. Your access to and use of the Websites is subject to these Terms. These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Websites, you (i) acknowledge that you have read, understood, and agreed to be bound by these Terms and that you agree to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are at least 21 years of age or older and you have the legal capacity to enter into a contract in the jurisdiction where you reside. These Websites are not for individuals under 21 years of age. We do not knowingly collect or solicit any information from anyone under the age of 21 on our Websites.

YOU MAY NOT USE ANY OF THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN GREENLANE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON AT ALL.

PRIVACY POLICY

We respect your privacy and we take the protection of your privacy very seriously. Our Privacy Policy constitutes a part of these Terms and explains how we may collect, utilize and disclose personal information that we learn about you as a result of your interaction with us through the Websites. You can find our Privacy Policy here.

USERS OUTSIDE OF THE UNITED STATES

Your information, including personal information, collected through our Websites is stored and processed in the United States or any other country in which our service providers maintain facilities. If you live outside the United States (including in the European Union, Switzerland or the United Kingdom) or other regions with laws governing data collection and use that may differ from U.S. law, and you use the Services or provide us with personal information directly via the Websites, you do so on your own initiative and are responsible for compliance with United States federal, state, and local laws. Your information will be handled in accordance with our Privacy Policy and these Terms. The laws of the United States also will govern the processing of your personal information, including any obligations of security and third-party information sharing. By using the Services or giving us your information, you consent to the transfer of information to the U.S. or any other country in which Greenlane’s service providers maintain facilities and to the use and disclosure of information about you as described in our Privacy Policy. PLEASE NOTE THAT THE DATA PROTECTION AND PRIVACY LAWS OF THE UNITED STATES MAY NOT BE AS PROTECTIVE AS THE LAWS IN YOUR COUNTRY. OUR WEBSITES PLACE COOKIES AND LOCAL SHARED OBJECTS ON YOUR COMPUTER OR DEVICE AS DESCRIBED IN OUR PRIVACY POLICY, AND OUR PRACTICES MAY NOT COMPLY WITH YOUR COUNTRY’S LAWS RELATED TO THE USE OF COOKIES.

CHANGES TO THE MASTER TERMS OF USE

We may change, modify, add, or remove portions of these Terms at any time. We recommend that you review this Website periodically as any changes will become effective immediately upon being posted and will be reflected at the top of this page, where it says, “Effective Date.” If you object to any changes, you may close your account, discontinue the use of our websites and/or contact us with your questions or concerns Continuing to use our websites and/or Services after we publish changes to these Terms means that you consent to the changes.

OWNERSHIP

Greenlane, its distributors, vendors, contractors, and/or licensors (collectively, the “Greenlane Parties”) are the owners or licensees of all content and materials on the Websites (“Website Content”) and of all related intellectual property rights, including, without limitation, all copyrights, trade secrets, moral rights, trademark rights and patent rights. Website Content includes, without limitation all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Website, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic conventions of the Website. Website Content does not include Your Content, as that term is defined below. You do not acquire any ownership interests in any Website Content by accessing, browsing, viewing, or otherwise using the Website.

INTELLECTUAL PROPERTY

The trademarks used in connection with Greenlane’s business and/or displayed on the Websites are owned by Greenlane and the Greenlane Parties and are protected by U.S. federal trademark laws and various international laws. These trademarks may include, among others, our logos/designs, marks and slogans. You may not use or register, or otherwise claim rights in any Greenlane trademark, including in or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of the Websites, including the text, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. Greenlane and the Greenlane Parties are proud of its strong brands and the value of the goodwill it has built in its brands. As such, Greenlane actively enforces its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited. Greenlane’s trademarks or copyrights, and those of its affiliates, may only be used with express written permission which may be revoked at any time.

YOUR USE AND YOUR CONTENT; LICENSE GRANT; RIGHT TO MONITOR AND EDITORIAL CONTROL

You may access, browse and use the Websites and Website Content only for your use on a computer, mobile phone or other internet-compatible device to enable you to use the Websites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website Content, except:

  • As expressly authorized by Greenlane in writing;
  • To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
  • To print or download one copy of a reasonable number of pages of the Websites for your personal, non-commercial use and not for further reproduction, publication or distribution;
  • To share the Websites or updates of the Websites, or to link to a reasonable number of pages of the Websites, provided you do so in a way that is fair and legal and which does not damage or which does not take advantage of our reputation in any way, and provided you do not establish a link to Greenlane in such a way as to suggest any form of association, approval or endorsement by Greenlane. We reserve the right to withdraw any linking permission in our sole discretion at any time and without notice.

If you wish to make any use of the materials on the Websites other than that set forth in this section, please address your request to: ecommerce@greenlane.com

Certain features of our websites may allow you to post, upload, transmit or submit certain materials, content, information, or ideas (“Your Content”). Except for your user information required to be provided in connection with your account, we do not ask for, nor do we wish to receive, any confidential, trade secret or proprietary information from you through the Websites, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights or permissions necessary to grant to us the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITES.

We are not responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any reason or for no reason at all, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Websites, or through the Website’s Services or features, by its users, and we are not responsible for any such materials. You are solely responsible and liable for Your Content. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or Services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

YOUR REGISTRATION AND YOUR USER INFORMATION

Some of the Services on our Websites are only available if you register to create an account. When any of the Services on the Websites require you to register with us or otherwise provide user information, you must complete the registration process by providing us with complete and accurate information. You grant Greenlane, and other Greenlane Parties with whom we share your information, the right to use, store, monitor, retrieve and transmit your account and user information in connection with the operations of the Websites. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

You are solely responsible for maintaining the confidentiality of your personal and account information and for any and all activities that occur under your account. You are responsible for maintaining the completeness and accuracy of your user information. You must notify us immediately of any suspected or actual unauthorized use of your account or user information and of any security breaches. Please refer to the Privacy Policy for contact information.

We reserve the right to terminate your account or to refuse Services to you, without prior notice to you, at any time and for any or no reason. We may, at our discretion, permanently terminate your account registration and remove Your Content or user information from the Websites. You have the right to cancel your registration or to delete your account at any time by following the instructions on the Websites. If you voluntarily terminate or delete your account registration or allow it to lapse, you may reactivate it at any time through the account interface on our Websites. Accounts terminated by us for a violation of these Terms may not be reactivated.

LINKS TO THIRD-PARTY WEBSITES

The Websites contains links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or Services featured on the Websites. If you use these links, you will leave the Websites. These third parties and their websites are not under our control and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, promote or endorse, or otherwise make any representation about them, their services or products or their owners or operators, and we do not assume any responsibility or liability whatsoever related to your access or use of such websites. We recommend that you exercise your own judgment when using these websites and we recommend your review of their terms, conditions of use and privacy policies.

LINKING TO OUR WEBSITES

You agree that if you implement a link to any of our Websites (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Website. You may not link directly to any Website Content by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Website, or any page of the Website, to be ”framed”, surrounded or obfuscated by any third-party content, materials or branding. You may not include a link to any aspect of the Websites in an email for commercial purposes, without the express written permission of Greenlane. You may inquire about obtaining permission by email or writing at:

We may, at any time and for any or no reason at all, require that any link to any of our Websites be discontinued and removed and revoke your right to link to our Websites.

WEBSITE WARRANTY DISCLAIMERS

We administer, control and operate the Websites from our offices in Florida (U.S.A.). The Websites are accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites and Website Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. If you choose to access, browse or use the Websites, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Websites to any person and geographic area. Any offer for any feature or function made on the Websites is void where prohibited.

The Websites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on the Websites. Some Website content is provided by the users of the Websites. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Website content. We do not independently verify the representations and warranties made by the users with respect to such Website content. We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Websites or any of Website Content. We are not liable for any errors, omissions, or inaccurate Website Content.

THE WEBSITES, WEBSITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, WEBSITE CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, CYBER ATTACKS, HACKING, MALWARE OR OTHER SECURITY INTRUSIONS, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITES OR YOUR DOWNLOADING OF THE WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE WEBSITES.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we ask that users of the Websites do the same. If you believe that information on any of our Websites infringes upon any copyright which you own or control, please send a notice to us at:

Greenlane Holdings, Inc.
Attn: General Counsel
1095 Broken Sound Pkwy NW Suite 300
Boca Raton, FL 33487
legal@greenlane.com

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notice should contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

CONTESTS AND SWEEPSTAKES

The specific rules and terms that apply to all contests or sweepstakes conducted by our Websites, can be found at the link for the contests or sweepstakes. Your participation in the contests or sweepstakes is subject to those rules and terms.

EMPLOYMENT OPPORTUNITIES

Greenlane may, from time to time, post-employment opportunities on the Websites and/or invite users to submit their job application (resume, cover letter, application form) to the Websites. Nothing in these Terms or contained in the Websites shall constitute a promise by Greenlane to interview, hire or employ any individual who submits the information to it, nor shall anything in these Terms or contained in the Websites constitute a promise that Greenlane will review any information submitted to it by users, that Greenlane will extend a job offer to any applicant, or that the job posted will still exist at the time your application materials are received or reviewed by Greenlane.

PROHIBITED CONDUCT

You warrant and agree that, while accessing or using our Websites, you will not:

  • Misrepresent your age;
  • Use an inappropriate username or screen name;
  • Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Websites, the Greenlane Parties or otherwise affiliated with us;
  • Use the Websites to advocate for the use of controlled substances or the use of products or Services offered or promoted on the Websites in connection with controlled substances;
  • Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;
  • Solicit passwords or personal information for commercial or unlawful purposes from other users;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Websites through any means, including through means not intentionally made publicly available or provided through the Websites;
  • Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Websites, or obtaining lists of users or other information from or through the Websites, including, without limitation, any information residing on any server or database connected to the Websites;
  • Use the Websites or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Websites or interfere with any other party’s use and enjoyment of the Websites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
  • Use the Websites or its Services in violation of our intellectual property or other proprietary or legal rights or the rights of any third party;
  • Use the Websites or its Services in violation of any applicable law;
  • Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Websites or its Services;
  • Post, transmit, publish or otherwise disseminate through the Websites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, discriminatory or racially, ethnically or otherwise objectionable, or infringes our rights or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of any of the Greenlane Parties, Greenlane or any of its respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner;
  • Encourage, promote, support or enable any other individual to do any of the foregoing.


WHOLESALE AND INDUSTRIAL GOODS TERMS OF SALE


PRODUCT DISCLAIMER

THE LAWFUL AND PROPER USE OF ANY PRODUCT OR ACCESSORYAS INTENDED BY THE MANUFACTURER IS A REQUIRED CONDITION OF SALE. BY PURCHASING ANY PRODUCT OFFERED BY GREELANE, YOU ARE REPRESENTING THAT YOU ARE OF LEGAL AGE TO PURCHSASE THE PRODUCT, AND THAT YOU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING PRODUCT LITERATURE INCLUDING BUT NOT LIMITED TO PRODUCT INSTRUCTIONS, MANUFACTURER’S SPECIFICATIONS, PRODUCT GUIDES, USER GUIDES, USER MANUALS, SERVICE BULLETINS AND ALL ACCOMPANYING LITERATURE. THE IMPROPER USE OF A PRODUCT MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF ANY PRODUCT COULD SUBJECT YOU TO FINES, PENALTIES AND/OR IMPRISONMENT UNDER STATE AND FEDERAL LAW.

KEEP ALL PRODUCTS OUT OF THE REACH OF CHILDREN. WE RECOMMEND THAT YOU CAREFULLY REVIEW AND UNDERSTAND THIS INFORMATION, THE PRODUCT INSTRUCTIONS, MANUFACTURER’S SPECIFICATIONS, PRODUCT GUIDES, USER GUIDES, USER MANUALS, SERVICE BULLETINS AND ALL OF THE ACCOMPANYING LITERATURE BEFORE USING A PRODUCT OFFERED BY GREENLANE. PLEASE CONTACT GREENLANE OR THE MANUFACTURER WITH ANY QUESTIONS.

THE INFORMATION CONTAINED IN THIS DISCLAIMER AND ANY OTHER CAUTIONARY INSTRUCTIONS, AND ALL OF THE DOCUMENTATION AND LITERATURE INCLUDED WITH ANY PRODUCT SOLD ON THE GREENLANE WEBSITES WAS DEVELOPED FOR INFORMATIONAL PURPOSES ONLY. IN NO WAY IS ANY OF THE INFORMATION CONTAINED IN THIS DISCLAIMER OR OTHER DOCUMENTATION INTENDED TO BE A MEDICAL RECOMMENDATION OR PRESCRIPTIVE GUIDE. IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, STOP USING THE PRODUCT AND CONTACT YOUR HEALTH CARE PROVIDER IMMEDIATELY.

NEITHER THE MANUFACTURER NOR THE SELLER, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR SHAREHOLDERS, OF ANY PRODUCTS OFFERED FOR SALE ON THE WEBSITE IS RESPONSIBLE FOR THE MISUSE OR ABUSE OF SUCH PRODUCTS. YOU AND ANY OTHER USER OF SUCH PRODUCTS ARE SOLELY RESPONSIBLE FOR THE PROPER USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF ANY MISUSE, ABUSE OR NEGLIGENCE.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GREENLANE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREENLANE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DELAYS IN SHIPMENTS, PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS, A FORCE MAJEURE EVENT, PRODUCTS PURCHASED FROM NON-AUTHORIZED SELLERS OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION).

COMPLIANCE OF PRODUCTS OR SERVICES

Greenlane does not represent or warrant that any Services or products offered on the Websites or by a Greenlane representative or otherwise are compliant with applicable law, including without limitation, heavy metal rules and regulations (as applicable), specific compliance language, words, phrases, disclaimers or symbols or other requirements and regulations for such products or Services. It is recommended that you contact separate and independent legal counsel or an independent testing lab to obtain advice with respect to any question, issue or problem, including without limitation, any compliance inquiry. Greenlane does not guaranty the current status, accuracy, or completeness of any Services, or product or any compliance thereof. Greenlane sells product packaging, lifestyle products and accessories and is not responsible for the ultimate product contents, including the legal compliance of such product contents, with which any customer chooses to fill its products.

CHILD RESISTENT CERTIFICATION

If you choose to purchase any custom packaging (“Custom Products”) that which is not the subject of an existing child resistant certification(s), you acknowledge that you have not received a child resistant certification for the Custom Products and that certification(s) will only be provided to you by Greenlane if you request testing be performed by a third party testing lab on the Custom Products at your expense. Until and unless such certification occurs, you acknowledge that the Custom Products are not certified as child resistant packaging.

COMPATIBILITY

Greenlane is not responsible for product compatibility with any products and/or Services sold to you, including without limitation, product/package compatibility, stability, functionality, decoration adhesion, leakage testing, drop tests and ship tests. Greenlane strongly recommends that you perform compatibility testing and line trials on all components of goods or Services purchased prior to commencing production or filling any products purchased through Greenlane.

EXPORT POLICY

You acknowledge that any and all products or Services licensed or sold through the Websites or a Greenlane representative are subject to the customs and export control laws and regulations of the U.S.A. and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no products, Services or content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “Transferred”) to any territory (or national resident thereof), person, entity, or organization to which such products, Services or content could not be Transferred directly from the U.S. or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

CUSTOMER INSURANCE

You hereby agree to maintain appropriate insurance provisions to adequately cover your respective risks for the purchase of products from Greenlane with reasonable coverage amounts commensurate with your respective market and industry, at your sole cost and expense.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:

  • the product is not available / in stock;
  • your billing information is not correct or not verifiable;
  • your order is flagged by our compliance team as an unusual order, an order susceptible to fraud or which otherwise is in violation of our compliance requirements;
  • we believe you are under the legal age in your state, territory, or country;
  • we could not deliver to the address provided by you;
  • due to a Force Majeure Event (as defined in this section below); or
  • in the event of a misspelling, pricing error or other typos, errors or mistakes in the order information.

A Force Majeure Event means a delay or failure as a result of any present or future statute, law, ordinance, regulation, order judgment or decree, a failure to deliver on the part of Greenlane’s suppliers or vendors, act of god, earthquake, epidemic, pandemic, disease outbreak, explosion, lockout, boycott, strike, labor unrest, act of terror, riot, war, or similar catastrophic occurrence or any other unforeseeable event outside of Greenlane’s reasonable control.

PRICES

Prices billed will be those then in effect at the time you submit your order. Quoted prices do not include the exact tax amount. All such taxes will be added to your merchandise total and will be itemized in your invoice. You acknowledge and agree to 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 Website or in your order confirmation at the time of Your order. We reserve the right to update prices due to errors, with or without notice to you. For questions about our most current prices, please call your sales representative at 877-292-7660 or email; wholesale@greenlane.com; or customerservice@kushco.com

Each order for industrial goods must have a minimum subtotal of $100.00 (excludes taxes, fees, discounts and shipping costs). This minimum purchase amount must be met in order to place an order.

MAP POLICIES

Certain products offered for sale on the Websites are subject to a “minimum advertised price,” or “MAP” policy. MAP is the lowest price distributors and other resellers are allowed to publicly advertise a product for sale and does not apply to the price at which products subject to the MAP policy are actually sold or offered for sale. We remain free at all times to sell products subject to a MAP policy on the Websites at any price we choose.

A MAP policy is used by some manufactures to protect the integrity of their product(s) and brand. Generally, authorized retailers of a product covered by a MAP policy who do not adhere to these guidelines risk losing the right to sell the product subject to that MAP policy. In addition, buyers may not be able to take advantage of post-sale Services (i.e., warranty repair) when purchasing from a retailer that does not comply with a manufacturer’s MAP policy.

MAP policies are intended to protect consumers and sellers from disreputable dealers, giving all authorized retailers specific guidelines on how to advertise the price of the MAP product(s). This helps to ensure that buyers will be able to access the high level of service the manufacturer wants purchasers of their product(s) to receive.

If you have any questions regarding whether a particular product purchased on any of our Websites are subject to a MAP policy, please contact us at the information provided below.

TAX EXEMPTION

Tax exempt customers buying for the first time must provide a copy of their tax exemption certificate within 5 business days of their initial order. If a valid tax exemption certificate has not been received within 5 business days, the order will be released with assessed tax.

PAYMENT/CREDIT

Payment terms will be set forth in the applicable purchase order. Credit will only be available for customers that submit a credit application and receive credit approval from Greenlane, at Greenlane’s absolute discretion. Greenlane may revoke any credit limit provided and may demand an up-front payment prior to shipping products, at any time and for any reason.

SHIPPING AND HANDLING

Greenlane ships orders the same day for orders placed Monday – Friday before 1:59PM EST. If you wish to obtain a guaranteed delivery date, please choose an upgraded shipping method. Your orders will be shipped in plain, unmarked packaging with our unique tamper-proof tape.

All international orders are subject to review and approval. Freight options for international shipments are listed below. You are responsible for all freight costs, taxes, duties, tariffs and customs laws in the destination country. Shipping rates will vary based on distance traveled, "actual weight vs dimensional weight" and method of shipment. Please note that any package sent via USPS will not have a tracking number - this means that once a package leaves our warehouse, we are no longer liable for any transit related issues. We recommend that you contact the carrier directly for transit related issues.

MISSING OR DAMAGED MERCHANDISE CLAIMS

In the event of missing or damaged merchandise, please contact Customer Care at ecommerce@greenlane.com.

RETURNS

Before placing an order we recommend carefully researching the product(s) you intend to purchase. Our Account Managers are available by phone and email to offer product-specific recommendations to meet the demands of your customer base. Our Return Policy can be found here.

Greenlane reserves the right to amend this Return Policy at any time by posting the amended terms on this page. As well, Greenlane and its affiliates reserve the right to refuse a return for any reason.

CUSTOM PRINTING TERMS OF USE

Greenlane will not be held responsible for any errors and oversights made by you. It is your responsibility to carefully review and approve the proof provided to you to ensure the accuracy of your design (specifically with regard to the size, location, artwork, colors and other pertinent data) throughout the order process. If you elect to bypass the receipt of a physical sample of your design, Greenlane will not be held responsible for any errors or oversights with respect to the accuracy of your design in the finished product. We highly recommend that you review and inspect an actual, physical sample of your final design prior to submitting it for production.

All sales are final and no refunds will be given on orders if the approved proof has been sent to production or otherwise cannot be cancelled. Unless otherwise agreed to in writing, you are responsible for all shipping and incidental charges related to a cancellation. All stated quantities will be subject to a +/- 10% printing variance. This confirmation will include finalization of design proofs and an agreement to our terms and conditions. Any press time lost, delay or alterations/corrections made after the finalization of design proofs for production will accrue additional costs which will be invoiced to you.

Greenlane does not guarantee color matching or ink density on JPEG or PDF proofs. A proof viewed on a computer monitor or printed on paper is not an accurate color reproduction of your final, printed product, however, it presents a final opportunity for you to check the layout, bleeds, crops and the text of your print. Electronic proofs do not show transparency or overprint issues. Nor do they show color changes from RGB or Pantone to CMYK. Because of differences in equipment, plastic films, inks, and other conditions and factors, a reasonable variation in color is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. Production will not proceed until an e-signed confirmation or an original, ink signature confirmation is received via email by Greenlane.

At Greenlane, we do our best to provide quick turnaround times for our customers as scheduled. All shipping by default is currently conducted through UPS and USPS. Any special shipping arrangements instructed by you will be shipped by a carrier selected by Greenlane. Please remember that the estimated shipping time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by the carrier.

In no event shall Greenlane be in default by reason of any failure in its performance under this agreement if such failure results from a Force Majeure Event. Shipping times vary and Greenlane assumes no responsibility for delays caused by carriers, weather, or any damages (consequential or otherwise) resulting from delays in production or delivery. Your order may take up to an additional 120 days to arrive due to unforeseen delays in production, delivery service, the breakdown of equipment, illness, etc.


MISCELLANEOUS TERMS


INDEMNITY

You agree to assume all liability for and shall indemnify, defend, and hold harmless Greenlane and the Greenlane Parties, including their officers, directors and employees, from and against any and all liabilities, claims, actions, demands, suits, proceedings, judgments, losses, damages, penalties, fines or other sanctions, costs or expenses of any nature whatsoever and damages (including, without limitation, court costs, legal fees, accounting fees, attorneys fees and amounts paid in settlement) whether arising directly or indirectly that are related to or result from (a) your use of the Websites, Your Content or your posting on, or submission to, the Websites, or (b) your purchase of products or Services from Greenlane or the Greenlane Parties and/or (c) your violation of these Terms or your representations and warranties hereunder. You agree to cooperate as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, WILL GREENLANE, THE GREENLANE PARTIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) THE USE OF, ACCESS TO OR LINKING TO THE WEBSITES, (B) THE DELAY OR INABILITY TO USE THE WEBSITES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, PRODUCTS OR SERVICES OR (D) RELATED TO THE PURCHASE OR USE OF GREENLANE PRODUCTS OR SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GREENLANE OR THE GREENLANE PARTIES OR THEIR OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT) OR THE PURCHASE OR USE OF GREENLANE PRODUCTS OR SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITES OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITES OR FOR YOUR PURCHASE OR USE OF GREENLANE PRODUCTS OR SERVICES DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100), WHICHEVER IS GREATER.

DISPUTE RESOLUTION

(A) Arbitration. You agree that any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by you or against Greenlane or the Greenlane Parties arising from, relating to or in any way concerning your use of the Websites, these Terms, our Privacy Policy and all matters relating to your access to, and/or use of, the Websites, including the products or Services you purchase from us (or from any advertising for any such products or Services) will be resolved by binding arbitration. You agree that any Claims asserted as part of a class action, private attorney general or other representative action must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. YOU AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION MAY BE PURSUED IN ARBITRATION OR IN COURT. YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

(B) Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA. For more information, see adr.org or call 1-800-778-7879. All arbitration proceedings will be conducted in English, the United States FAA will govern the interpretation, enforcement, and proceeding, and the arbitration shall be conducted in Palm Beach County, Florida. In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.

(C) Costs. Each party will bear the expense of their respective filing fees, attorneys fees, experts, witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

(D) WAIVER OF JURY TRIAL. NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OR FROM ANY GREENLANE PRODUCTS AND SERVICES AND THE TRIAL SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS.

ENTIRE AGREEMENT

These Terms set forth the entire understanding and agreement between you Greenlane, and the Greenlane Parties and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to the subject matter hereof. These Terms shall govern and prevail in the event of a conflict with any other document.

SEVERABILITY

If any provision of the Terms is found by a court to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

HEADINGS

Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.

CAPITALIZED TERMS

Capitalized words shall have the meaning provided in these Terms, Privacy Policy or other policies applicable to the Services and Websites.

WAIVER

Our failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures.

ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations to another party for any reason, without notice to or consent from you, under these Terms.

SUCCESSOR

This Agreement is binding on and inures to the benefit of you and Greenlane and each party’s respective permitted successors and assigns.

JURISDICTION AND VENUE

These Terms are to be construed pursuant to laws in the State of Florida. Jurisdiction and venue for any claim arising out of these Terms shall be made in Palm Beach County, Florida.

INDEPENDENT LEGAL COUNSEL

YOU ACKNOWLEDGE THAT YOU HAVE HAD A REASONABLE OPPORTUNITY TO SEEK THE LEGAL ADVICE OF YOUR OWN INDEPENDENT LEGAL COUNSEL CONCERNING THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER OBTAINED SUCH COUNSEL OR INTENTIONALLY CHOOSE NOT TO DO SO AND YOU KNOWINGLY AND VOLUNTARILY WAIVE SUCH RIGHT.

CONTACT US

If you have any questions about these Terms, please contact us by: