Terms of Use

GreenPortfolio Terms of Use

 

Effective Date: March 27, 2025

 

Welcome to GreenPortfolio!  Access to and use of these websites ("[www.greenportfolio.com]", “[www.mygreenportfolio.com]",) the “Websites”, and any other website(s) and software owned and/or operated by GreenPortfolio (“GreenPortfolio” “we,” “us” or “our”) and any of their associated web pages, and the products and services available through the website(s) and/or software (collectively, the “Platform”), are all subject to the following terms of use (the “Terms”). GreenPortfolio includes GreenPortfolio Inc., and its officers, directors, employees, consultants, affiliates, subsidiaries and agents.  

GreenPortfolio provides materials, information, and content made available on the Platform, including general, educational, and informational newsletters, and access to information regarding environmentally sustainable financial products (collectively, “Content”). GreenPortfolio additionally provides services, including climate scoring of investment portfolios (hereinafter “Climate Scoring”) and a software-based algorithm service recommending one or more third-party investment advisers who can provide investment services (hereinafter “Investment Adviser Referral”) (collectively, “Services”).

The Services are  offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. Users subject to these Terms include but are not limited to the individual users of the Services, Content, and Platforms as well as the investment advisers engaged with GreenPortfolio’s referral service. 

By accessing or using the Platform and Services, you agree to these Terms and you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services, including providing any information on the Services.  Please read them carefully.  

You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.  By accessing or using the Platform and/or Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or another applicable jurisdiction. Certain Services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those Services. 

 

As set forth in these Terms, you agree that any disputes between you and GreenPortfolio must be resolved by binding arbitration and that you are hereby waiving the right to participate in any class action.  You may elect to opt out of arbitration and the class action waiver by following those procedures set forth herein.  

 

Certain of the Services may require you to provide personal information to GreenPortfolio or certain other third parties.  For more information regarding these matters, please review our Privacy Policy.  

 

1. Copyright Notice and Use of the Services. The design of the Platform and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Platform or Services are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of the Platform are the copyright of GreenPortfolio or our respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from the Platform in any way or reproduce or publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Platform. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity, including but not limited to the right to block or deny access to the Websites or Platform to anyone at any time for any reason.

 

2. Trademarks. We and our affiliated companies retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of GreenPortfolio and our affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Platform. Your misuse of the trademarks displayed on the Platform is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

 

3. Use of the Platform; Registering an Account; Account Security. To use the Services, you hereby agree that you are: (i) at least eighteen (18) years of age; and, (ii) have not previously had your access to the Services suspended or terminated. To fully enjoy the Services, whether now or in the future, you may be required to register with us through the Platform and create an account (the “Account”).  

If you choose to register an Account, you will have access to your Account by providing an e-mail address or username and password.  Upon registering an Account, we may require that you provide certain identifying information about yourself (“Registration Information”).  You agree that all of the Registration Information that you provide to us is true, accurate and current in all respects, to the best of your knowledge, and you agree to update such information should it become inaccurate or out of date.  You also agree that when providing your Registration Information, that you will not make any misrepresentations about your identity.  You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account, whether through a computer, tablet, mobile device or any other electronic device.  In the event that this information is shared with any other person, we will deem any such individual’s actions as having been authorized by you.  You agree to accept responsibility for all activities that occur under your Account.  If you believe that the security of your account has been materially compromised, you agree to immediately notify us at [support@greenportfolio.com]. We reserve the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach, and may provide such information to any third party that we deem necessary in order to resolve any Security Breach. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.

At all times, you shall maintain adequate security and control of all of your Access credentials. You are responsible for taking the necessary security measures to protect your Account to keep your Access credential secure, including by:

• Abiding by all of our policies and procedures;
• Creating a strong password and maintaining security and control of your Access credentials;
• Keeping the Email Account provided to us up to date in order to receive any notices or alerts that we may send you;
• Never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your Account;
• Remembering that under no circumstances will we ask you to share your passwords; and
• Logging out from the websites or the Platform at the end of each visit.

 

4. Prohibited Uses of Website and Services. When accessing the Platform and using the Services, you agree that you will not: (a) post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) post, transmit, redistribute, upload, or promote any communications, content or materials that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; (c) use the Platform or Services for any illegal purpose or in violation of any local, state, national or international law; (d) violate the rights of any third parties, including intellectual property rights, or encourage others to do the same; (e) interfere with the security of the Platform or Services; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) give rise to civil liability or perform any fraudulent activity; (h) sell or otherwise transfer the access provided to you by GreenPortfolio or our affiliates; (i) provide any false or inaccurate information in connection with the use of our Services; (j) take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services; (k) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (l) use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; (m) use any device, software or routine to bypass our robot exclusion headers; (n) interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, any of the Services or other users’ use of any of the Services; (o) take any action that may cause us to lose any of the Services from our Internet Service providers or other suppliers or Service providers; or (p) engage in any other conduct or activity which, in the judgment of GreenPortfolio, restricts, impairs, interferes with or inhibits any other user from using or enjoying the Platform and/or Services.

Specifically with regards to GreenPortfolio’s security systems, you shall not circumvent, disable or otherwise interfere with security-related features of the Platform or Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or the Platform. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden or disable the same. To the fullest extent permitted by applicable law, we reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the  Platform or Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms. You agree that neither we nor our affiliates shall be liable to you or any third party for any such termination or suspension of your Account or for blocking your access to the Platform or any of the Services.

In addition to the above, you further agree not to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or resell any information, software, products, or services provided through or obtained from the Services, including without limitation, engage in the practice of “screen scraping,” or any other similar activity; (b) hack into the Services or any of its Platform, or modify another website so as to falsely imply that it is associated or affiliated with the Services in any way; (c) damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Services; (d) violate any applicable laws, or regulations in your jurisdiction (including but not limited to trademark and copyright laws); (e) or access or attempt to access any password-protected, secure or non-public areas of the Services without the express, written permission of GreenPortfolio.

You acknowledge that GreenPortfolio may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties without your knowledge. Reporting may include disclosure of your nonpublic personally identifiable information. GreenPortfolio also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of these Terms.

You agree to indemnify, defend, and hold harmless GreenPortfolio and its affiliates, and their respective principals, owners, directors, officers, employees, representatives, agents, and their respective successors and assigns (the “GreenPortfolio Parties”) from and against any actual or alleged claims, losses, taxes (including interest, penalties and additions to tax), damages, liabilities, awards, judgments and out-of-pocket costs and expenses (including reasonable attorneys’ fees and expenses, the costs and expenses of any investigation and other costs and expenses incurred in connection with the defense of any actual or threatened action, proceeding or claim (“losses”)) arising out of or in connection with any violation of these Terms by you.

 

5. Notice of Copyright Infringement. We do not permit copyright infringing activities on the Platform, and will remove any user information, content, or other materials if properly informed that any such user content or other materials infringe on another’s copyright rights. We also reserve the right to terminate a user’s ability to submit additional information or content if, under appropriate circumstances, such user is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any user’s information, content, or other material infringes upon your copyrights, you may notify GreenPortfolio by providing the following information in writing:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

B. Identification of the location where the original or an authorized copy of the copyrighted work exists;

C. Identification of the user information, content, or other material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same;

D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

E. A statement that you have a good faith belief that use of the user information, content, or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:  

GreenPortfolio Inc.

4 E 27th St. 

Suite #20025

New York, NY 10001

 

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

 

6. Accuracy of Information.

With respect to Content: 

We attempt to ensure that information located in our Content is complete, accurate and current. Despite our efforts, information in our Content may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information in the Content. By using the Content, you understand and agree that GreenPortfolio is not a broker and cannot guarantee the veracity, reliability or completeness of the information provided in connection with the Content. Opinions expressed in the Content are not those of any bank, credit card issuer, or financial institution, and have not been reviewed, approved, or otherwise endorsed by any of these entities. GreenPortfolio will not be responsible for any errors or omissions contained within the Content, or for any results obtained by your reliance on the information provided through the Content. This material is not to be substituted for personalized investment advice. Please complete your own due diligence before making any financial decisions.  

 

With respect to Services:

Climate Scoring. We attempt to ensure that our assessment provided during Climate Scoring and the information relied upon in providing that assessment is accurate and current. GreenPortfolio takes a variety of factors into account when determining climate impact. GreenPortfolio examines the overall business practices of the company to determine their climate score. GreenPortfolio scoring does not evaluate the financial performance, earnings potential, stock price, or other characteristics of publicly traded companies or funds. Climate scoring of investments and other financial services relies upon publicly available information regarding a firm’s business practices as it relates to climate impact. Such information could change and become out of date or inaccurate over time. GreenPortfolio does not verify the accuracy or completeness of the information reported by public reporting companies or third-parties used during Climate Scoring. Much of the information is estimated and it is not currently technically possible to directly measure all of the carbon, emissions, pollution or other environmental externalities of a firm. Additionally, climate scoring relies upon environmental and financial data which could contain errors or other mistakes which could alter our calculations and scoring.

Although GreenPortfolio is performing an investment analysis from a climate perspective, GreenPortfolio’s climate scoring is not a specific recommendation of any particular financial product for you or your particular financial goals, and you should not make any investment decision solely based upon such scoring. We make no representation as to the ability of such recommendations to help you achieve certain financial goals. This service is not a substitute for working one-on-one with a third-party investment adviser who can provide detailed investment analysis and tailored advice based upon your objectives and financial circumstances. Please complete your own due diligence before making any financial decisions. 

 

Investment Adviser Referral Service. For purposes of GreenPortfolio’s Investment Adviser Referral service, we attempt to ensure that the information provided by us about our recommended third-party investment advisers is accurate and current but make no guarantees as to the accuracy or completeness of such information. GreenPortfolio uses multiple sources in compiling information about advisers, and the accuracy and currency of the information relies in-part upon the accuracy and currency of the information provided directly by the advisers. We strongly recommend that you supplement our initial and ongoing reports about a recommended third-party investment adviser with your own independent due diligence when deciding whether to engage or maintain a third-party investment adviser recommended by GreenPortfolio. 

We additionally attempt to ensure that the information provided by us about users of the Investment Adviser Referral service is accurate and current. When making a recommendation of a third-party investment adviser, GreenPortfolio relies in-part upon the information received from the user. The accuracy and currency of the information relies in-part upon the accuracy and currency of the information provided by the users. GreenPortfolio’s review of the third-party investment adviser depends at least in part on self-disclosures by the third-party investment adviser. There is no internal review by GreenPortfolio of the third-party investment adviser’s business operations, portfolio management or investment recommendations. Additionally, GreenPortfolio does not conduct an onsite visit and are not fraud investigators. Consequently, there is a significant risk that GreenPortfolio will not identify red flags about the third-party investment adviser. As a result, we recommend that you supplement our initial and ongoing reports about a recommended third-party investment adviser with your own independent due diligence when deciding whether to engage or maintain a third-party investment adviser recommended by GreenPortfolio. Please review GreenPortfolio’s Firm Brochure for more details about our Services.

Our Services depend on your providing us with complete, accurate and up-to-date information, both now and in the future about yourself and your accounts. In turn, we will provide you with online security as described in our Privacy Policy. Those assurances are conditioned upon your provision of correct contact and Account information to us, and never misrepresenting to us your identity or Account registration information (e.g. for the use of your third-party websites and accounts).

In making referrals of investment advisers to you, you understand that GreenPortfolio has certain conflicts of interest which are described in more detail at [insert url]. By agreeing to these Terms, you acknowledge that you have carefully read and understand such conflicts of interest aand have had full and fair opportunity to have all of your questions relating to such conflicts answered to your satisfaction.

7. Linking to these Websites. Creating or maintaining any link from another website to any page on these Websites without our prior written permission is prohibited. Running or displaying these Websites or any information or material displayed on these Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to these Websites must comply with all applicable laws, rules and regulations.

 

8. Third-Party Links. Periodically, links may be established from these Websites to one or more external websites or resources operated by third parties (the "Third-Party Sites"). These links are provided for your convenience only. In addition, certain Third-Party Sites also may provide links to the Platform. None of these links should be deemed to imply that GreenPortfolio endorses the Third-Party Sites or any content therein. We do not control and are not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Site is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.

 

9. Disclaimers.

A. Security. Although we will always endeavor to make the Platform and Services safe, secure and accurate, we cannot guarantee the continuous operation of or access to the Platform or Services, and there may be instances in which errors or inaccuracies occur on the Platform and Services. 

B. Loss of Personal Information. You agree that we will not be responsible for the loss of, damage to, or unavailability of any information you have made available through the Platform or Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Platform or Services.

C. Investment Decisions. You are responsible for your own investment decisions.  If you ignore the advice herein to conduct independent research of the industries, companies, and investment advisers referenced by and through the Platform and Services and rely solely upon the information and opinions provided through the Platform and Services, you have done so at your own risk.  

D. With Respect to Content. Further to Section 6 of these Terms, GreenPortfolio does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information and materials made available through the Content. 

The Content on the Platform is provided "as is" and on an “as available” basis without any warranties of any kind. GreenPortfolio does not warrant the accuracy or completeness of the information provided in connection with the Content provided by GreenPortfolio. The Content provided on the Platform may be out of date or incomplete. GreenPortfolio will not be responsible for any errors or omissions contained within the Content.

The Content is provided solely for informational, educational, or entertainment purposes. This material is not to be substituted for personalized investment advice. GreenPortfolio, the Platform and the Services are not endorsed by or affiliated with FINRA, and we are not a financial institution or insurance provider. We make no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Content. You expressly agree that your use of the site, app, and/or platform is at your sole risk. Before making any financial decisions or implementing any financial strategy, we recommend that you complete your own due diligence and obtain additional information and advice.

E. With Respect to Investment Adviser Referrals. 

a. Veracity of Information. Further to Section 6 of these Terms, GreenPortfolio does not warrant the veracity, reliability or completeness of the information provided about the user or the adviser in connection with the Investment Adviser Referral service. The information provided on or through the Investment Adviser Referral service may be out of date, and we do not make any commitment or assume any duty to update such information, materials or services.

GreenPortfolio’s review of the third-party investment advisers depends at least in part on self-disclosures by the third-party investment adviser. There is no internal review by GreenPortfolio of the information provided by the third-party investment adviser. GreenPortfolio will not be responsible for any errors or omissions contained within the information provided by a third-party investment adviser.

 

GreenPortfolio’s recommendation of users depends at least in part on self-disclosures by the users. There is no internal review by GreenPortfolio of the veracity of the information provided by the user. GreenPortfolio will not be responsible for any errors or omissions contained within the information provided by the user.

 

b. Recommendation of Advisers. We will screen third-party investment advisers before recommending them by: analyzing the answers provided by such third-party investment advisers in response to a detailed questionnaire; reviewing the adviser and/or firm’s Form ADV and Form U4 documents; and other review, included but not limited to criminal background checks and review of the SEC Action Lookup - Individuals (“SALI”). 

During our review of a third-party investment adviser, we consider factors such as experience, education, professional designations, type of services, use of proprietary products or a limited menu of available investments, disclosed conflicts of interest, investment advisory fees, previous customer complaints and arbitrations/lawsuits, licensing and disciplinary status of the designated investment adviser representative. 

Please note that there is no internal review by GreenPortfolio of the third-party investment adviser’s business operations, investment strategies, or investment recommendations. Additionally, GreenPortfolio does not conduct any onsite visit to any third-party adviser’s offices. Consequently, there is a significant risk that GreenPortfolio will not identify red flags about the third-party investment adviser. As a result, we strongly recommend that you supplement our initial and ongoing reports about a recommended third-party investment adviser with your own independent due diligence when deciding whether to engage or maintain a third-party investment adviser recommended by GreenPortfolio.

On an ongoing basis, we will provide you an annual due diligence report about certain aspects of your third-party investment adviser. However, beyond vetting, initial review, and annual review, GreenPortfolio cannot and does not provide any guarantees or warranties about your use of a recommended advisor. 

GreenPortfolio acts solely as an intermediary between you and third party service providers and we expressly disclaim any and all liability for the products or services provided by such service providers. You have no obligation to engage the investment advisory services recommended by GreenPortfolio or an Adviser. It is solely your responsibility to conduct independent due diligence and determine whether to take any investment actions or to enter into any investment advisory agreement. For more detailed information, please refer to our Form ADV Part 2 and other disclosures, found here.

c. GreenPortfolio’s Role in Investment Decisions. GreenPortfolio does not provide advice about investment strategies, types of investments or specific investments, nor does it prepare financial plans, manage client assets or exercise investment discretion, beyond providing recommendations of third-party investment advisers and climate scoring for portfolios managed by the third-party investment adviser. GreenPortfolio does not review the specific financial plans, investment advice or asset management services provided by the third-party investment adviser. GreenPortfolio does not make any guarantees or warranties that your financial goals or objectives will be achieved by working with a third-party investment adviser recommended by GreenPortfolio.

 

10. Limitations of Liability.

 

A. Any Content or Services located on GreenPortfolio’s Platform are not an endorsement of any investment strategy, types of investments or specific investments, or use of any adviser beyond what is located in our Form ADV Part 2 and other disclosures, found here.

B. You acknowledge and agree that GreenPortfolio is only willing to provide access to the Platform and Services if you agree to certain limitations of our liability to you and to third parties. Subject to the limitations contained herein, you agree to indemnify, defend, and hold harmless the GreenPortfolio Parties from any Losses arising out of (a) any breach of this Agreement by you, (b) any inaccurate or incomplete information you provide in connection with your use of the Platform or our Services, or (c) any act or omission in connection with your use of the Platform or Services, unless GreenPortfolio has acted with gross negligence, willful misconduct, or bad faith. 

C. You agree that to the fullest extent permitted under applicable law and our Form ADV Part 2 and other disclosures, in no event will any GreenPortfolio Parties assume responsibility for any indirect, incidental, special, consequential, or exemplary damages.

D. Notwithstanding anything to the contrary contained herein, the foregoing provisions relating to limitation of liability and indemnification do not apply to any advisory services provided by GreenPortfolio.

E. Nothing in this paragraph shall be construed to waive or limit GreenPortfolio’s fiduciary duty to you or any rights you have under any applicable federal or state securities laws. 

F. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.  Please refer to your local laws for the applicability of any such prohibitions.

 

11. Revisions to these Terms. These Terms may be revised at any time and from time to time by updating this posting. You agree to assume the responsibility to visit this page from time to time to review the current Terms because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of the Platform. Your continued use of the Platform after any changes to these terms and conditions are posted will be considered acceptance of those changes.

 

12. Governing Law. These Terms are governed by the laws of the State of New York, without regard to any conflict of law principles which might result in the application of the substantive law of any other jurisdiction. Subject to Section 13 below, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and GreenPortfolio agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York, New York, for the purpose of litigating all such disputes. We operate the Platform and Services from our offices in New York.

 

13. Dispute Resolution; Class Action Waiver. To ensure that any dispute between you and GreenPortfolio is resolved in the most expedient and cost-effective manner, you and GreenPortfolio agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users of the Platform and/or Services. 

 

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. 

 

A. Claims to be Resolved by Arbitration. You agree to arbitrate all disputes and claims you may have against GreenPortfolio. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

 

B. Exceptions. Notwithstanding Section 13(A) set forth above, you agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

 

C. Arbitrator. Any arbitration between you and GreenPortfolio shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. 

 

D. Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to GreenPortfolio should be addressed to: GreenPortfolio Inc. 4 E 27th St., Suite #20025, New York, NY 10001 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and GreenPortfolio do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or GreenPortfolio may commence an arbitration proceeding

 

E. Responsibility for Arbitration Fees. In the event that you commence arbitration in accordance with these Terms, the payment of any fees shall be decided by the AAA Rules. 

 

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in New York, New York. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits

 

F. No Class Action. Unless both you and GreenPortfolio agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

YOU AND GREENPORTFOLIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

G. Opting-Out. If you are a new GreenPortfolio user, you can choose to reject the arbitration agreement contained in this Section 13 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 13(D), above.

 

The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and if applicable, information relating to your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with GreenPortfolio. 

 

H. Amendments. If GreenPortfolio makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with GreenPortfolio shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.

 

I. Assignment. You may not assign your rights or obligations hereunder without our prior written consent. We will not assign our rights or obligations hereunder without your consent. Notwithstanding anything to the contrary, a transaction that does not constitute an actual change of control or management of GreenPortfolio will not be considered an “assignment” for purposes of these Terms.

 

J. Severability; Enforceability. If an arbitrator or court decides that any part of this Section 13 is invalid or unenforceable, the other parts of this Section 13 shall still apply. If the entirety of this Section 13 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

 

14. Changes to the Platform and Services.  GreenPortfolio reserves the right to modify and discontinue, whether temporarily or indefinitely, some or all of the Services and any information contained on the Platform, at any time, with or without any notice or further obligations to you.  Notice is provided by posting them on the Platform, or, in some cases we may provide notice by email to users who have created an Account and provided a valid email address. You agree that we will not be liable to you or any third party for any modification, discontinuance or any other changes to the Platform or Services. 

 

15. Termination. You or we may suspend or terminate your Account or restrict your use of the Platform or Services at any time, for any reason or for no reason. 

 

16. Entire Agreement. These Terms, together with the Privacy Policy, set forth herein serve as the entire understanding and agreement regarding the Platform and Services. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you and GreenPortfolio agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.

 

17. Electronic Notice. By your use of the Platform, you agree to transact with us and receive all notices regarding the Platform and Services electronically. We will provide notices by posting them on the Platform, or, in some cases we may provide notice by email to users who have created an Account and provided a valid email address. You can retrieve an electronic copy and a printable version of the Terms by clicking here. You may withdraw your consent to receive notices electronically by discontinuing your use of the Platform and Services. Unless noted otherwise, the signature for consent to our terms of services is managed electronically.

 

18. Privacy. We know that privacy is important. Our Privacy Policy describes our collection, use, and disclosure practices relating to your personal information. Your use of the Platform and Services is subject to our Privacy Policy and these Terms of Use. Please read both the Privacy Policy and the Terms of Use carefully before accessing the Platform and our Services.