Terms & Conditions

Terms & Conditions

 

I. Conditions of Use

Welcome to Green Whale.  We ask that you abide by the terms and conditions that follow, along with any additional terms and conditions that may appear on the site from time to time (referred to as “conditions”).  By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of resident, or that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.  We reserve the right to change our terms and conditions at any time; please check back occasionally for any modifications.  If you do not agree with these conditions, please do not use our site.

You may not use our products or online content for any illegal or unauthorized purposes, nor may you use our products in a way that violates any law in your jurisdiction, including but not limited to copyright laws.

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmission over various networks and (b) changes required by technology.  Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the products or materials provided by Green Whale. 

The headings used in this agreement are included for convenience and do not limit or otherwise affect these terms.

II. Privacy & Security

Please refer to our Privacy Policy for a full detail of our privacy & security practices.

III. Shipping Policy

Custom products may take 3-5 days for customization and personalization during standard operating seasons.   At peak holiday seasons, this may take up to 10 business days.  Anything order that we cannot fill within 10 days will result in a back-order status and communication from the seller.

Products that do not require customization will be shipped within 2-3 business days.

We utilize a shipping service that finds the best rates, which allows us to pass along those savings and keep our shipping rates as low as possible. This may impact the speed of shipping. Our goal is to select shipping options that promise delivery within 5 days, after our production and packaging time stated above.  

Please note that the holiday season and the covid-19 coronavirus have brought increased shipping rates and unforeseen shipping delays. We ask for your understanding as we navigate these complications.  We will share tracking information with you and keep you informed on any delays we can foresee.

IV. Payment Terms

Please note that full payment must be made before any order can be dispatched.

If there is a local delivery or pick up, we require prior payment for any personalized products.  Payment can be made in advance or at the time of exchange for local arrangements for non-personalized products.

V. Billing Information Terms & Conditions

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment source, and/or  orders that share the same billing and/or shipping address.  In the event that we make changes to or cancel an order, we may attempt to notify you by contacting the email provided at the time that the order was placed.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transaction and contact you as needed.

VI. Product Information

Green Whale makes every attempt to provide accurate, current information. However, Green Whale does not certify that all product descriptions and website content is free of any and all errors. Nor do we assert that information is complete or current.  If any product ordered from Green Whale that you receive isn’t described as shown on Green Whale, it can be returned in an unused condition.  For more details, please see our return policy.

VII. Exclusion & Limitations of Liability

IN NO EVENT SHALL GREEN WHALE, LLC, IT’S AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR OST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF GREEN WHALE OR ITS REPRESENTATIVES OR SUCH INDIVIDUALS HAS BEEN ADVICED OF THE POSSIBILITY OF SUCH DAMAGES SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

VIII. Dispute Clause

Any dispute relating to any activity on GoGreenWhale.com, or the purchase of any Green Whale products shall be submitted to confidential arbitration in Pennsylvania, USA, unless you have sin some way threatened or violated Green Whale’s intellectual property rights, where by Green Whale, LLC may seek an injunctive. 

IX. Intellectual Property, & Copyrights

The entire content included in the GoGreenWhale site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is property of Green Whale, LLC and is protected by copyright and other intellectual property and proprietary rights. 

X. User Generated Content

By submitting and uploading any of your data (including but not limited to photographs, images, videos, music, art, or comments) to Green Whale, LLC’s website or social media channels (including, without limitation, Twitter (including # and @ Comments) incorporating Green Whale, Facebook and Instagram) and pages dedicated to Green Whale, LLC in discussion forums, you grant Green Whale, LLC a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare, derivative works of, display and perform your user data in any legal manner for the benefit of Green Whale, LLC. You acknowledge and agree that you are solely responsible for al the user data that you make available through such means.  Accordingly, you represent and warrant that (1) you have all rights, licenses, consents, and releases necessary to grant Green Whale the required rights to disseminate any user data and (2) neither your data nor your posting, uploading, publication, submission, or transmittal of this data or Green Whale’s use of your uploaded data on, through, or by the means of Green Whale will infringe, misappropriate, or violate a third party’s patent, copyright trademark, or other intellectual property rights or rights of privacy or result in the violation of any applicable law or regulation. 

XI. Testimonials & Reviews

If you submit a testimonial or review to us through the testimonial form, product review feature, or via email, you agree that we may publish your testimonial or review, together with your name and any logo that you upload using the form on this website (an on any successor website operated by Green Whale, LLC) on such page and in such position as we may determine to our sole discretion. 

Further, you agree that we may edit the testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your views. You may terminate this agreement by giving us a 30 days written notice of termination, by which time your testimonial will be removed.

XII. External & Third Party Links

We provide you with access to third-party tools and websites for your convenience, which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools and resources “as is” and “as available” without any warranties or conditions and without any endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use of the optional tools and links to external resources offered throughout the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools and resources are provided by the relevant third-party provider. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will have have any liability or responsibility for any third-party materials or websites. 

XIII. The Awesome Clause

If you have made it all the way through the terms & conditions to this clause, you acknowledge that (1) Green Whale, LLC is awesome and (2) you accept that we think YOU are awesome for taking the time to read over the terms & conditions.