Spring Lakes Holding LLC (referred to as “Greene Charter”) is a Platform that produces daily video content regarding financial markets, including but not limited to, information on equities, indexes, commodities, forex, cryptocurrencies, futures and other derivative products available on its website www.greenecharter.com, and the Greene Charter Discord channel (together the “Platform”) for its registered users (referred to “Member(s)”, “you”, or “your”). In addition to producing daily educational videos, Greene Charter provides informational PDF charts of projected price movements of individual assets, as well as the ability for Members to interact and connect with each other, employees, and contributors of Greene Charter on its Discord Channel (together the “Services”).
THE INFORMATION PROVIDED ON THE PLATFORM DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE AS FINANCIAL ADVICE; INSTEAD ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE ON THE PLATFORM ARE FOR GENERAL INFORMATION PURPOSES ONLY. INFORMATION ON THE PLATFORM MAY NOT CONSTITUTE THE MOST UP-TO-DATE INFORMATION. THE PLATFORM MAY CONTAIN LINKS TO OTHER THIRD PARTY WEBSITES. SUCH LINKS ARE ONLY FOR THE CONVENIENCE OF THE MEMBER; AND GREENE CHARTER DOES NOT RECOMMEND OR ENDORSE THE CONTENT OF THESE THIRD PARTY SITES.
INFORMATION ON THE PLATFORM ARE THE PERSONAL OPINIONS OF THE EMPLOYEES AND CONTRIBUTORS OF GREENE CHARTER (TOGETHER THE “CONTRIBUTORS”) AND ARE IN NO WAY TO BE CONSIDERED FINANCIAL ADVICE RENDERING, PROMISING, OR GUARANTEEING ANY SPECIFIC OUTCOME TO MEMBERS. GREENE CHARTER IS IN NO WAY MANAGING THE FUNDS OR FINANCES OF MEMBERS AND IS NOT RESPONSIBLE FOR ANY PERFORMANCE OR NON-PERFORMANCE OF MEMBER’S FINANCIAL ASSETS OR INVESTMENTS.
MEMBERS OF THE PLATFORM SHOULD CONTACT THEIR FINANCIAL ADVISOR TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR FINANCIAL MATTER. NO MEMBER OF THE PLATFORM SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION FROM THE PLATFORM WITHOUT FIRST SEEKING FINANCIAL ADVICE FROM A FINANCIAL ADVISOR. ONLY YOUR FINANCIAL ADVISOR CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN – AND YOUR INTERPRETATION OF IT – IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION USE OF, AND ACCESS TO, THE PLATFORM OR ANY OF THE LINKS OR RESOURCES CONTAINED WITHIN THE PLATFORM DO NOT CREATE A PROFESSIONAL RELATIONSHIP BETWEEN THE MEMBER AND GREENE CHARTER AND ITS CONTRIBUTORS.
VIEWS EXPRESSED AT, OR THROUGH, THE PLATFORM ARE THOSE OF GREENE CHARTER AND ITS CONTRIBUTORS THEIR INDIVIDUAL CAPACITIES ONLY. ALL LIABILITIES WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THE PLATFORM HEREBY ARE EXPRESSLY DISCLAIMED. THE CONTENT ON THIS PLATFORM ARE PROVIDED “AS IS”; NO REPRESENTATIONS ARE MADE THAT CONTENT IS ERROR-FREE.
These Terms and Conditions (hereinafter referred to as the “Terms”), describe the specifications on which any Member may access, register, subscribe, or use the Platform including all information, tools, and Services available. Use of the Services is conditioned upon your acceptance of all of the policies and notices stated herein.
DO NOT USE OUR PLATFORM OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
BY USING ANY OF OUR SERVICES OR THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES OR THE PLATFORM.
Any new features or tools, which are added to the current Platform, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Greene Charter reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Platform or Services following the posting of any changes to these Terms constitutes acceptance of those changes.
By visiting, registering, accessing, or otherwise utilizing the Platform, including any and all of the Services, you agree to be bound by the following Terms.
- Registration and Account
You have three options to become a Member on the Platform: a) Basic; b) Advanced; and c) Pro (the “Membership Options”). These options include, but are not limited to:
- Access to Discord Group
- Intraday Updates
- Video Updates
- Educational Updates
You represent and warrant that the information you provide to Greene Charter upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept up-to-date at all times. Greene Charter is not responsible for any errors made by Members during the registration process. When you set up a Member account, you are the sole authorized Member of your account.
You represent and warrant that you are using the Platform for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. You are responsible for any act or omission of any individual that accesses your account information, if that by undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify Greene Charter immediately if you notice any unauthorized access, use of your account or password, or any other breach of security. Greene Charter shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
- General Conditions of Use
By agreeing to these Terms and using Greene Charter’s Platform and Services, you represent that you are at least 18 years or older.
You consent to receiving communications from Greene Charter, including but not limited to, e-mails, text messages, and/or calls regarding updates to its Platform, marketing, advertisement, and any other relevant information.
Greene Charter reserves the right to refuse access to the Platform or its Services to anyone, for any reason, including but not limited to, any breach or violation of these Terms and the non-payment of any owed fees in connection with your account, at any time at its own discretion. Greene Charter reserves the right, but does not have any obligation, to pre-screen, refuse and/or delete any content or Member account currently available through its Platform. In addition, Greene Charter reserves the right to remove and/or delete any such content available on the Platform or the Greene Charter Discord channel that would violate these Terms or which would otherwise be considered offensive to other Members.
You may not use the Platform for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: a) causing harm to minors in any manner whatsoever; or b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity. A breach or violation of any of the Terms will result in an immediate termination of the Services.
- Prices and Payments
The current prices for the Membership Options are listed on the Platform. Any prices, discounts, and/or promotions available on the Platform are subject to change without notice. Greene Charter shall charge you a price determined by the membership plan (“Subscription”) you selected when creating your Member account. All payments shall be made through the Platform by credit/debit card or PayPal. If you fail to pay the amounts owed when they are due, or your payment method continuously fails, Greene Charter may cancel your Subscription and/or initiate collection procedures. You agree to pay our cost of collection, including, without limitation to, reasonable attorney’s fees.
- Cancellation and Account Paseo
Members may request to have their account paused provided that the Member has given Greene Charter thirty (30) days’ notice.
Members may cancel any purchase made through the Platform upon 30 days’ notice. Members will receive written confirmation via e-mail of their cancellation. Should you decide to cancel your Subscription, you will not incur a cancellation fee. However, once you have signed up for one of the Subscription plans, you will not be able to receive a refund for the period of time that has already been paid for. Upon cancellation, you will no longer have access to the Platform or any of the Services offered by Greene Charter.
- Refunds and Disputes
Greene Charter will evaluate all requests for full and partial refunds at its sole discretion. If you are unhappy with your Subscription or the Services provided by Greene Charter, please contact Greene Charter directly. Should Greene Charter, in its sole discretion, decide to refund or credit you any amounts paid, that refund or credit shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.
- Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. By using this Platform, you affirmatively consent that Greene Charter may use and share your video and image viewing data with third parties until consent is withdrawn. Greene Charter may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.
Wireless Features. Our Platform may offer certain features that are available to you via your wireless device. These features may include the ability to access our Platform, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
In addition, where the Platform collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Platform. If you choose to click on one of these buttons or links on our Platform, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Platform, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Platforms you follow, etc.).
- Termination or Suspension
You agree that Greene Charter may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to its Platform and the Services at its sole discretion, for any reason, including but not limited to:
- Any breach or violation of these Terms or any other incorporated agreement, regulation or guideline;
- By way of request from law enforcement or any other governmental agencies;
- The discontinuance, alteration, or material modification to the Platform and/or Services, or any part thereof;
- Any engagement by you in any fraudulent or illegal activities; and/or
- The non-payment of any associated fees that may be owed by you in connection with your account. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our Platform or Services.
- Accuracy, Completeness, and Timeliness of Information
Greene Charter shall not be held responsible if information made available on its Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform at your own risk. In no way is Greene Charter providing financial advice or managing the funds or financials of any Member.
Greene Charter reserves the right to modify the contents of this Platform or the Services at any time but has no obligation to update any information on the Platform or contained in the Services. You agree that it is your responsibility to monitor our Platform for any changes that may occur. Greene Charter strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Greene Charter reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Intellectual Property & Proprietary Rights
As between you and Greene Charter, Greene Charter owns, solely and exclusively, all right, title, and interest in and to the Platform, all content, software code, data, the look, feel, design and organization of the Platform, and the compilation of the content, code, data, and materials on the Platform, including but not limited to any intellectual property and/or proprietary rights. Greene Charter reserves all rights in and to the Platform not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Greene Charter’s Platform, in whole or in part.
For clarity, Greene Charter has granted you a personal, non-transferable, non-exclusive right and license to make use of the Platform as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Platform.
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Platform and your use of the Services on any Platform, blog, article, or social media Platform (“Your Content”), you hereby grant Greene Charter a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Platform, including but not limited to advertising, promoting, and marketing the Platform or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
- Disclaimer of Warranties and Limitation of Liability
THE USE OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THIS PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL GREENE CHARTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR GREENE CHARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO 50% OF THE TOTAL AMOUNT PAID TO GREENE CHARTER FOR ANY SUBSCRIPTION.
The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.
- Dispute Resolution
If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
- Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GREENE CHARTER 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Greene Charter may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Platform. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Platform.
To give us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
Third Party Content. The Platform may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Greene Charter is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Platform does not imply that Greene Charter endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Platform or Services, you agree to indemnify, defend, and hold harmless Greene Charter (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with (a) any breach or alleged breach of any representation or warranty by Greene Charter; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Greene Charter, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. This Platform is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Greene Charter to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Greene Charter.
Force Majeure. Greene Charter will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Members. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Greene Charter arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Greene Charter directly through our Platform.