Terms and Conditions
Last Modified: January 31, 2019
When we make material changes to these Terms, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) by prominently posting a notice of the changes on the Websites, or (iv) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
By accessing or using the Findcannabis Platform, you consent to receiving certain communication from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Findcannabis Platform. By accessing or using the Findcannabis Platform, you willingly and knowingly agree that all contracts, notices, disclosures, agreement, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Using The Findcannabis Platform
User Registration and Accounts
FINDCANNABIS.COM is an online platform that enables registered users (“Registrants”), service experience providers (“Hosts”), and products retailers (“Retailers”)(collectively “Members”), to publish, advertise, list, book, and sell, services and experiences (“Hosts Services”) and communicate and transact directly with Registrants. In order to access or use some of the Websites and Services
offered on the Findcannabis Platform, you must first register and create an individual profile for yourself or a business (each a “Registrant Profile”).
By creating a Registrant Account, you agree that:
1. You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
2. You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, Findcannabis may suspend or terminate your account and refuse you any and all current or future access to or use of the Findcannabis Platform (or any portion thereof). If you fail to update your information in a timely manner, then Findcannabis has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow Findcannabis to suspend or terminate your account and refuse you any and all current or future access or use of the Findcannabis Platform (or any portion thereof);
3. You will not post libelous content or create false or misleading reviews or posts;
4. You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
5. You are solely responsible for maintaining the confidentiality of your password and the other Protected Information (as defined below) and for restricting access to your account so that others may not access any password-protected portion of the Findcannabis Platform using your Protected Information;
6. You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
7. You will not sell, transfer, assign, or provide a copy of, your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all Protected Information in strict confidence;
8. You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
9. You will not create more than one account unless specifically authorized to do so; and
10. You will not use Protected Information of others.
Findcannabis is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
Your Registrant Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. Any menu, booking, or listing embed feature we provide to clients may only be used on a client’s own website or application, and the applicable code may not be altered in any manner (including by removing any Findcannabis branding). We may offer you the ability to set preferences relating to your Registrant Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. Findcannabis assumes no responsibility or liability for any issues, problems, or Content on your Registrant Profile.
Registrant Profiles may only be set up by an authorized representative of the individual or business that is the subject of the Registrant Profile. Findcannabis does not review each User Profile to determine if it was created by an appropriate party. In addition, Findcannabis is not responsible for any unauthorized Registrant Profiles that may appear on the Findcannabis Platform. If you believe that a Registrant Profile listed on the Findcannabis Platform or one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to [email protected]
For the purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other form of data, communication, or media, (b) User Content” means Content that users, including Registrants, Hosts and Retailers, submit, publish, display or transmit to, through or in connection with Findcannabis Platform (collectively, “Interactive Services”), such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts, comments, and information that such user publicly displays or displayed in its Registrant Profile, and includes any electronic data or information with respect to a Registrant’s, Host’s or Retailer’s guests or customers,
(c) “Findcannabis Content” mean Content that we create or is otherwise owned by us that we make available in connection with Websites and Services offered through the Findcannabis Platform, (d) “Third Party Content” means Content that originates from parties other than Findcannabis, which is made available in connection with the Findcannabis Platform and not otherwise owned by Findcannabis and (e) . means all of the Content that is made available in connection with the Findcannabis Platform, including User Content, Third Party Content (and Third Party Material (as defmm=ined below)), and Findcannabis Content
User Content: Representations, Warranties, and Covenants:
By submitting User Content, you represent, warrant, and covenant:
1. That you own, or have the necessary licenses, rights, consents, and/or permissions, and authorize Findcannabis, its applicable affiliates, the Findcannabis Platform, the Websites, the Services, and all users thereof, to use such User Content as necessary to exercise the licenses granted by you hereunder (including with respect to all patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights to your User Content, and to any other works that you incorporate into your User Content);
3. That the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your User Content does not and will not infringe the proprietary rights or otherwise cause injury to any other person or entity, including any such person or entity using the Findcannabis Platform, or otherwise, and that Findcannabis is under no obligation to post any User Content that you provide and reserves the right to post our own versions of your User Content as Findcannabis Content in our sole discretion;
6. That you will not post, transmit, broadcast, or otherwise make available any User Content that is unlawful, misleading, harmful, bigoted, offensive, profane, insensitive, obscene, lewd, lascivious, filthy, violent, tortious, libelous, slanderous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable (hereinafter, “Offensive Content”);
7. That you are at least of legal age, being no less than eighteen (18) years old (or twenty-one
(21) years old, as applicable), and you acknowledge that persons under legal age may not submit User Content to Findcannbis, the Findcannabis Platform, the Websites, or the Services; and
8. That Findcannabis may, in its sole discretion, monitor the User Content you submit and any other communications that you may have, but is under no obligation to do so.
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
License to User and Third Party Content/Data
As between you and Findcannabis, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Findcannabis Platform. However, by submitting your User Content, you hereby grant Findcannabis and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
1. To host, cache, store, archive, index, crawl, create algorithms based on, modify, or transcode your User Content to media formats, standards, or mediums in any and all forms and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
2. To use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, commercialize, publicize, display, modify, adapt, edit, excerpt, communicate, translate, analyze, remove, prepare derivative works and compilations of, compress, transmit, integrate, insert, market, and promote your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom;
3. To use your User Content, in whole or in part, for advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, reproduce, and distribute your User Content in any and all forms and media and by whatever means whether now known or hereinafter devised or created, and to exploit any and all allied, ancillary, and subsidiary rights relating thereto and derived therefrom; and
4. To grant any rights or licenses to any third parties to do any of the foregoing in the above clauses (a) – (c) in connection with their own websites and media platforms. You irrevocably waive, and cause to be waived, against Findcannabis and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
Findcannabis does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Findcannabis Platform, you may be exposed to a small portion of Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will FIndcannabis be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via the Findcannabis Platform or any related process or venue.
You hereby grant Findcannabis the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any businesses of Findcannabis or for any purpose relating to the Findcannabis Platform, including in connection with displaying any data, images, or information on the Website. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Findcannabis shall be owned exclusively by us.
Findcannabis may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
The Findcannabis Platform enables users and Registrants to transmit, transact, schedule and communicate, with Hosts for the ability to take part, seek and experience Host Services (Registrants utilizing Host Service are “Guests”). Hosts will transact and communicate directly with Registrants that are seeking to schedule the use of Host Services. Host Services may include offering real property for use, activities, events, and locations, and other travel and non-travel related services.
Findcannabis does not own, sell, create, provide, control, deliver, offer, manage, or supply any Host Services, nor does Findcannabis organize any Host Services. When Hosts and Registrants accept or enter into an agreement for use of Host Services, the Hosts and Guests are entering into a contract directly with one another. Findcannabis is not and does not become a party to any contractual relationship between the Registrants, nor is Findcannabis a real estate broker or insurer. Findcannabis is not an agent in any capacity for any Registrant, except as specifically provided herein. We do not warrant the accuracy, completeness, or usefulness of information provided by Registrants. Any reliance you place on such information from Registrants is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor, Registrant to the Website, or by anyone who may be informed of any of its contents.
Online Orders and Delivery
Findcannabis may provide users with the ability to transmit orders for cannabis related products and arrange for delivery or pick-up of such products through certain portions of the Findcannabis Platform. These features allow customers to transmit such order with participating vendors (the “Retailers”). The Findcannabis Platform provides order transmission services only and serves purely as a communication medium. Findcannbis and the Findcannabis Platform is not a merchant of cannabis related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or deliver services in connection therewith.
The Retailers have entered into agreements with Findcannabis or its applicable affiliate where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of the Findcannabis Platform. Findcannabis and its affiliates do not in any way independently verify the credentials or representations of any of the Retailers, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law.
Customers using Findcannabis must make themselves comfortable through the information provided by the Retailers on the Website, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. Findcannabis, including the Findcannabis Platform, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. Findcannabis and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration.
Findcannabis and its applicable affiliates make no claims meant to diagnose, treat, or cure any disease or medical condition. Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition.
Findcannabis and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through the Findcannabis Platform, Host Services, or other Services).
User Representations, Warranties, and Covenants Regarding Orders
By using the Findcannabis Platform for online purchases and orders, you represent, warrant and covenant that: (1) you will upload and maintain in your Registrant Profile a valid, unexpired government-issued identification card (if applicable), and that (2) your use of the Findcannabis Platform does not violate any applicable state or local law, including any legal requirements for orders you place through the Findcannabis Platform. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age as well as your original recommendation if you order cannabis. If you do not comply with these terms regarding Orders or Host Services, you agree that cannabis products may not be released to you by the applicable Retailer, nor any service offered to you by the Host, and you may forfeit the cost of such products or booking.
Third Party Materials
This Website includes Third Party Content, (including data, information, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Findcannabis is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Findcannabis does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, 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 Material.
The Website or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. FINDCANNABISdisplays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Findcannabis, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not
Intellectual Property Rights
We own the Findcannabis Content as defined above, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Website and the Findcannabis Platform including any and all features and functionality, but excluding User Content and Third-Party Material. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Findcannabis Content, the Findcannabis Platform, the Website, and the Services, which are protected by copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Findcannabis Content, Websites, or the Services or any of the IP Rights of Findcannabis, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Websites and the FINDCANNABISContent are retained by us.
The Company name, the terms CannaHost and the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
It is Findcannabis’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, Findannabis will respond appropriately to claims and reports of copyright infringement taking place on or through the Website.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to Findcannabis in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, Findcannabis will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Website.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (i.e. the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law.”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
You may use the Website only for lawful purposes and in accordance with these Terms. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Website and the Findcannabis Platform. In connection with your access or use of any of the Website or the Findcannabis Platform and any Services provided therein, you are prohibited from and will not:
1. upload, post, transmit, broadcast or otherwise make available any Offensive Content, including any User Content that is unlawful, libelous, defamatory or otherwise objectionable;
2. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
3. review the information and data on our Websites, and/or utilize our Services if you are not able to form legally binding contracts (for example, if you are under the age of 18), or are temporarily or indefinitely suspended from using our Websites or Services;
4. upload, post, transmit, broadcast, sell, transfer or otherwise make available any User or Website Content that is inauthentic, counterfeit, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. register for more than one User Profile on any of the Websites, or register for a Registrant Profile on behalf of an individual other than yourself, or a company that you are not authorized to represent or legally bind to a contract;
6. manipulate the price of any item or interfere with any other user’s listings, reviews, and products;
7. take any action that may undermine the feedback or ratings systems of the Websites or Services;
8. transfer your Registrant Profile to another individual or entity without our prior written consent;
9. distribute, promote, advertise, or post spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any related content;
10. interfere with or disrupt any Website processes, servers or networks supporting the Findcannabis Platform and/or Findcannbis;
11. impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files;
12. use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Findcannabis Platform or Website Content for any purpose;
13. bypass our robot exclusion headers, interfere with the working of our Services, features or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
14. export or re-export any Findcannabis’ application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
15. insult, threaten, stalk, harass, mislead or deceive other users of the Websites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
16. intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations and/or guidelines having the force of law;
17. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the United States Immigration and Nationality Act.
18. refuse to acknowledge that Findcannabis may establish general practices and limitations concerning use of the FIndcannabis Platform, including without limitation restrictions concerning User Content provided by You for use on the Findcannabis Platform, the type and quantity of transactional data stored and presented in connection with your account, the maximum disk space that will be allotted on Findcannabis’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Findcannabis Platform in any given period of time;
19. export any Website Content out of the jurisdiction in which it is intended or displayed;
20. access the Websites or Services in order to build a similar or competitive Website or Service;
21. send electronic transmissions (including but not limited to interactive monetary offers, audio- video communications, email, search queries, chat and other Internet activities) as interstate communications;
22. circumvent any technical measures we use to provide Services; or
23. assist any third party with any of the foregoing: You fully understand, acknowledge and agree that Findcannabis may, under certain circumstances and without prior notice, immediately terminate your Findcannabis Registrant Profile and access to the Findcannabis Platform and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Findcannabis Platform, or any related or affiliated website owned
and/or operated by Findcannabis (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your account, which shall be determined by Findcannabis; (7) knowing, willing and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by you, or by your representatives, to pay, in full, any fees owed by you in connection with the Website or any related or affiliated Service, business or website. Termination of a Registrant Profile will deny you access to our Services, delay or remove User Content that you submitted or commented on, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent you from using our Findcannabis Platform in the future. Findcannabis has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We
reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
FINDCANNABIS.COM may, at its sole discretion, allow, enable, or permit Registrants to (i) create, upload, post, receive, send, and store content, including photos, audio, videos, text, or other information on or through FINDCANNABIS.COM (“Registrant Content”); and (ii) access and view Registrant Content and any content that FINDCANNABIS.COM itself makes available, including proprietary FINDCANNABIS.COM content and any content licensed or authorized for use by FINDCANNABIS.COM from a third party.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT:
1. YOUR ACCESS TO AND USE OF THE FINDCANNABIS PLATFORM, ITSWEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINDCANNABIS AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
2. FINDCANNABISAND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS, AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5)
THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED, AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
3. ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE, OR OTHER PROGRAM.
4. NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES, OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDCANNABISOR FROM THE WEBSITES, SERVICES, OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE, OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
5. VETTING BY FINDCANNABISOF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, REVIEW, RELATED MEDIA, POSTING, OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICABLE. AS A RESULT, FINDCANNABISCANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER CONTENT OR MATERIAL POSTED VIA THE WEBSITES OR SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS’ CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE WEBSITES OR SERVICES.
Limitation Of Liability
1. FINDCANNABIS IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND NETWORK, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF FINDCANNABIS’S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT FINDCANNABISAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FINDCANNABIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS, OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR SERVICES; (3)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5) THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITES, ANY FINDCANNABIS AFFILIATED OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER FINDCANNABISOWNED OR OPERATED ENTITY. FURTHER, FINDCANNABISIS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND FINDCANNABIS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE WEBSITES OR SERVICES.
3. SOME STATES, COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to indemnify and hold Findcannabis (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of the Website, Services, Host Services or Findcannabis Platform, (ii) your User Content,
If there is a dispute between users of the Findcannabis Platform, including between Customers and Retailers, or Hosts and Guests (each, a “Dispute”), you understand and agree that Findcannabis and its affiliates (including the Websites and Services offered through the Findcannabis Pltaform) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Findcannabis (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, 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 relates directly or indirectly to, any interactions with, or
act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), 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.”
Governing Law; Venue; No Jury Trial
Limitation on Time to File Claims
The failure of Findcannabis 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of FIndcannabis. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
No Rights of Survivorship and Non-Transferability
You agree that your Findcannabis account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]