THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND THAT YOU ARE AT LEAST 21 YEARS OLD. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 21 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING AND/OR USING THE PLATFORM.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ACKNOWLEDGEMENT AND DISCLAIMERS
ACKNOWLEDGEMENT OF FEDERAL LAW. You expressly acknowledge that the Platform is for use by residents of states which have enacted laws regulating the legal use of medical or recreational cannabis pursuant to their respective State laws. Under the United States Controlled Substances Act, Marijuana is classified under Schedule 1 and therefore possession, distributing, or manufacturing of marijuana, including interstate transportation of marijuana, is illegal under United States federal law. Individuals engaged in said activities are subject to arrest and prosecution. By accessing or using the Platform, you represent and warrant that you understand the various legal risks associated with the use of cannabis under applicable State and Federal laws.
Furthermore, you expressly acknowledge and agree that any and all statements concerning cannabis products, accessories, or any other items sold or made available through the Platform, have not been evaluated, approved, or endorsed by the FDA or any other regulatory agency. All such statements are provided for informational purposes only and should not be relied upon for any medical advice, health care, or similar treatment. If you suffer from any medical condition or illness, or if you are pregnant, nursing, and/or taking medications of any kind, you must consult with a physician before using any cannabis products, accessories, or any other items sold or made available through the Platform.
ACKNOWLEDGEMENT OF CALIFORNIA LAW. acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in California unless undertaken pursuant to applicable laws, including without limitation, and by way of example only, the Medical Marijuana Regulation and Safety Act (AB243, AB266, SB643; as amended) and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (August 2008), or the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Company’s business is located in California and though the Platform may be accessed in places outside of California, the services available through the Platform are intended for California residents only and delivery is only available within California in the areas where we are permitted to operate (each a “Delivery Area”). You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your State.
ACKNOWLEDGEMENT OF LOCAL LAWS. acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in certain cities, counties, municipalities, and local jurisdictions unless undertaken pursuant to applicable laws in such areas. You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your local jurisdiction while using the Platform. We further reserve the right at any time to limit, change, or eliminate service to any particular Delivery Area.
- Account Creation. In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and you will provide any required proof of your identity which we may reasonably request from time to time; (b) you will maintain the accuracy of such information; (c) in using your Account, you will act in full and complete compliance with any and all laws of your State relating to the use of cannabis. You may delete your Account at any time, for any reason, by following the instructions on the Platform. Company may suspend or terminate your Account in accordance with Section 8.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Your Account is for your sole and personal use only and you may not provide authorization to any third party or entity to use your Account. When using your Account, you hereby agree to comply with those laws and regulations applicable to you in the city, state, country, or national jurisdiction in which you reside while accessing your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Account Verification and Authentication. You hereby agree that Company may verify the registration information associated with your Account and authenticate such information (including, if applicable, with any cannabis dispensary you choose to join or conduct transactions with through the Platform).
- Access to the Platform
- Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.
- Certain Restrictions and Acknowledgements. The rights granted to you in these Terms are subject to the following restrictions and acknowledgements:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform;
- You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform;
- You shall not access the Platform in order to build a similar or competitive website, product, or service;
- Except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof;
- You will only use the Platform for lawful purposes; you will not use the Platform for sending or storing any unlawful material or for deceptive or fraudulent purposes;
- You will not use the Platform to cause nuisance, annoyance or inconvenience;
- You will use the Platform only for your personal use and you will not use the Platform, or any content accessible through the Platform, for any commercial purposes, including but not limited to contacting, advertising to, soliciting or selling to, any third-party businesses, nor to any consumers or other users of the Platform, or linking to or promoting any third-party websites, products, or services, unless the Company has given you permission to do so in writing;
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use;
- You will not use the Platform in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server;
- You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any Company server;
- You will not deep-link to the Platform or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Platform or any content on the Platform, unless the Company has given you permission to do so in writing;
- You will not conduct any systematic retrieval of data or other content from the Platform; (n) you will not try to harm other users or the Company, or the Platform in any way whatsoever;
- You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Platform; and
- You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
- Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Platform.
- Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Without limiting the foregoing, you hereby agree that you will not: (a) reference or use the name, logos, service names or marks, trademarks, or copyrights, of Company, or of any of Company’s suppliers, alone or in combination with other letters, words and/or symbols, for any commercial purposes whatsoever; and (b) take any action that would impair, limit, or jeopardize any of our intellectual property rights or cause any confusion with respect to the marks, names and titles of any goods or services offered by Company or Company’s suppliers.
- Payment and Delivery Terms.
- You understand that: (i) the prices for items displayed through the Platform may differ from the prices offered or published by the businesses selling those products (even for the same items) and/or from prices available at other third-party websites, such prices may not be the lowest prices at which the items are sold, and that prices may include discounts, promotions or other price modifications at our sole discretion; (ii) the Company has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) the Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including without limitation state, local, sales, and other taxes, on your use of the Platform provided under this Agreement (other than taxes based on the Company’s income). Where applicable, payment will be processed by the Company, using the preferred payment method designated in your account.
- No Refunds.Charges paid by you for completed and delivered orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in Company’s sole discretion. We do not warrant that any descriptions, images, or other information relating to items displayed via the Platform are entirely accurate, up to date, complete, or error-free.
- Promotional Offers.The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our users, including without limitation referral codes (collectively “Promotional Offers”). These Promotional Offers, unless made to you directly, shall have no bearing whatsoever on your individual offers or transactions. Additionally, Promotional Offers: (i) must be used only for their intended purpose, in accordance with any applicable rules and in a lawful manner; (ii) may not be transferred, replicated, sold, or combined unless authorized in writing by Company; (iii) may be valid only for certain items, or may expire after a certain period of time even if before actual use or redemption; (iv) may be changed, canceled, or retracted by Company at any time for any reason; (v) have no monetary value and further are not valid for any cash or credit; and (vi) are void where prohibited by law. We encourage you to check back at the Site periodically if you are interested in learning more about how we charge for the services available through the Platform.
- The Company may charge various fees as shown on the Platform during checkout in connection with the services available through the Platform, including without limitation delivery fees, cancellation fees, compliance fees, and other fees. We may change any and all such fees, or add additional fees, as we deem necessary or appropriate for our business at any time.
- You agree, represent and warrant that you will only access the Platform and order products through the Platform if you are 21 years of age or older. You also agree that, upon delivery of any products, you will provide valid government-issued identification proving your age to the driver delivering the products and that the recipient will not be intoxicated when receiving delivery of such products. Delivery drivers reserve the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, if the driver in his or her sole discretion believes the delivery to be unsafe for any reason, or if you are visibly intoxicated. If the delivery driver is unable to complete the delivery of products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee
- By accepting these Terms, you consent and agree to accept and receive communications from us to the contact addresses and/or phone numbers you provide to us in connection with your Account, including without limitation via automated emails, SMS text messages, cellular or telephone calls, and push notifications (if applicable). You hereby acknowledge and agree that when requesting services through the Platform we may use automatic SMS text messages or telephone dialing systems for communications with you concerning such services and any Promotional Offers and further that standard text messaging and call charges will apply. IF YOU WOULD LIKE TO OPT OUT OF PROMOTIONAL EMAILS YOU MAY UNSUBCRIBE VIA THE LINKS PROVIDED IN SUCH EMAILS. IF YOU WOULD LIKE TO OPT OUT OF TEXT MESSAGES OR CALLS YOU MAY TEXT “STOP” FROM THE DEVICE RECEIVING SUCH COMMUNICATIONS TO THE SOURCE NUMBER OF SUCH COMMUNICATIONS AS YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL SMS TEXT MESSAGES OR PHONE CALLS AS A CONDITION OF USING THE PLATFORM. IF YOU WOULD LIKE TO OPT OUT OF ALL COMMUNICATIONS FROM US, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM VIA THE CONTACT INFORMATION PROVIDED AT THE BOTTOM OF THESE TERMS, HOWEVER, YOU ACKNOWLEDGE THAT THIS MAY AFFECT YOUR ABILITY TO EFFECTIVELY USE THE PLATFORM.
- “Confidential Information” means any and all confidential or proprietary information regarding our business, including, without limitation, financial information, production, innovation, sales and marketing plans and/or strategies, reports, data, all products, patents, trademarks, copyrights, trade secrets, processes, techniques, scientific information, marketing, and other information, whenever conceived, originated, discovered or developed by us, and whether or not in written or tangible form; provided, however, “Confidential Information” shall not include information: (a) that rightfully is or becomes generally available to the public on a non-confidential basis, including by means of a third party, provided that any such third party is not in breach of an obligation of confidentiality with respect to such information; (b) that was independently developed without reference or access to our Confidential Information and in a manner not otherwise in violation or breach of this Agreement; (c) that was rightfully known to you prior to receipt from Company as documented by written evidence; or (d) becomes known to you from a third party not in breach of an obligation of confidentiality with respect to such information. For the avoidance of doubt, all of our APIs, documentation, code, software, technologies, processes, data, and all other non-public information regarding the Platform is deemed to be Confidential Information of Company.
- You hereby agree to take all reasonable precautions to protect the confidentiality of our Confidential Information and further agree not to disclose such Confidential Information to anyone except as strictly necessary for the purposes contemplated by these Terms. If you are required pursuant to a legal proceeding or other legal or regulatory requirement to disclose any of our Confidential Information, you will give us reasonable prior notice in order to contest or limit such disclosure.
- User Content
- User Content.“User Content” means any and all information and content that a user submits to, or uses with, the Platform (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. To the extent that you are asked to rate and post reviews of other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the business in question; (ii) you will not provide a Rating or Review for any business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free items, or other benefits from a business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates these Terms for any reason in our sole discretion, we may exclude such Rating, Review and any associated User Content without notice.
- You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, including without limitation advertising of illegal services or sales of any items which are contraband or otherwise illegal or restricted by the laws of your State of residence.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass, stalk, threaten any other user, or interfere with any other user’s use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or are acting or provide content that otherwise could create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
- If you provide Company with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
- You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use or misuse of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations whether or not specifically referenced in these Terms, including without limitation Federal and State laws applicable to the distribution, transportation, cultivation, possession, and use of cannabis, (d) your User Content, and (e) your violation of any third-party rights including without limitation with respect to any Third-Party Integrations and Ads (defined below). Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Integrations and Ads; Other Users
- Third-Party Integrations & Ads. The Platform may contain links or other integrations with third-party websites and services, third-party providers, and/or display advertisements for third-party advertisers (collectively, “Third-Party Integrations & Ads”) which you agree to receive by accessing the Platform and which may allow you to communicate, enter into transactions for goods and services, or participate in certain promotional offers with such third parties if you choose to do so. Such Third-Party Integrations & Ads are not under the control of Company, and Company is not responsible for any Third-Party Integrations & Ads. Company provides access to these Third-Party Integrations & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Integrations & Ads. Company is not a party to any transaction that you may enter through any Third-Party Integrations or Ads. You use all Third-Party Integrations & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you utilize any of the Third-Party Integrations & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Integrations & Ads. COMPANY WILL NOT EVALUATE THE QUALITY, SUITABILITY, LEGALITY OR CAPABILITIES OF THIRD PARTY INTEGRATIONS & ADS WHICH YOU CHOOSE TO USE, EVEN IF INITIATED THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THIRD PARTY PROVIDERS; AND THEREFORE, BY USING THE PLATFORM, YOU MAY BE EXPOSED TO THIRD-PARTY INTEGRATIONS & ADS WHICH ARE POTENTIALLY DANGEROUS, OFFENSIVE, OBJECTIONABLE, OR HARMFUL TO MINORS. YOU ACKNOWLEDGE THAT YOUR USE OF THIRD-PARTY INTEGRATIONS & ADS MAY INVOLVE THIRD-PARTY PROVIDERS THAT DO NOT HAVE PROFESSIONAL LICENSES OR PERMITS, THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK, AND THAT FULL RESPONSIBILITY FOR ALL DECISIONS YOU MAKE (AND RESULTING IMPLICATIONS) REGARDING YOUR USE OF THE PLATFORM (OR THIRD-PARTY INTEGRATIONS & ADS) RESTS WITH YOU ALONE. COMPANY WILL NOT: (A) BE A PARTY TO ANY DISPUTES; (B) PARTICIPATE IN ANY NEGOTIATIONS; OR (C) MANAGE PAYMENTS, BETWEEN YOU AND ANY THIRD-PARTIES, EVEN IF INTRODUCED TO YOU THROUGH THE PLATFORM OR ANY THIRD-PARTY INTEGRATIONS & ADS.
- Other Users. Each Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Platform users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.
- You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Integrations & Ads). FOR CLARITY, YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM, THE THIRD-PARTY INTEGRATIONS & ADS, OR IN ANY WAY RELATED TO THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING (INCLUDING SECTION 5.1), WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY THIRD-PARTY INTEGRATIONS & ADS (OR ANY RELATIONSHIP OR TRANSACTION ARISING THEREFROM), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $75). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend, discontinue, change, or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.
- Copyright Policy.
Company respects the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company may be reached at agentinfo@Uplyft.com
- These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Platform. These changes will be effective immediately for new users of our Platform. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Limitation of Claims; Dispute Resolution. Please read this Section carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER AND A LIMITATION ON CLAIMS.SUBJECT TO ALL OTHER PROVISIONS OF THIS SECTION, YOU HEREBY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION AGAINST COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
- Applicability of Arbitration Agreement.All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Attn: General Counsel at 5500 E Washington Blvd, Commerce, CA 90040-1404. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at adr.orgor by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits.If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
- Waiver of Jury Trial.THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
- Small Claims Court.Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, or in the event the foregoing Arbitration Agreement is found under the law to be invalid or unenforceable so as not to require the parties to engage in arbitration, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California.
- The Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. Furthermore, by using the Platform you represent and warrant that: (a) you are not located in a country that is subject to any U.S. Government embargo or has been designated by the U.S. Government as supporting terrorism; and (b) that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Notice; Electronic Communications.The communications between you and Company use electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also withdraw your consent to receive electronic communications, however, in such event we reserve the right to immediately terminate your Account.
- Governing Law; Entire Terms.These Terms and your relationship with Company shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, without regard to its conflict of laws’ provisions. These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2019 GE United, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information.Please contact us directly with any comments, questions, or complaints you may have about our services, the Platform, or these Terms:
Address: 5500 E Washington Blvd,
Commerce, CA 90040-1404