USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE LEAVE THIS SITE IMMEDIATELY.
1. AGE VERIFICATION
To visit, participate in any activities and/or place an order on our Site you must be at least 21 years of age (or 18 years of age with a valid Medical Marijuana Identification Card or physician’s recommendation). Individuals under the age of 18 (or 21 for applicable Services) are prohibited from creating a Member Account, accessing the Site or Services, and ordering Products.
2. PRODUCT DISCLAIMER AND SAFETY ACKNOWLEDGMENT
On our Site, we may provide information about Products. Our Site may collect information about a user’s experiences and preferences related to the consumption of cannabis products. Cannabis is a Schedule 1 controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation, and distribution thereof, or conspiring with or assisting other to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical cannabis use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. Do not operate vehicles or machinery while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult a physician or other health care professional prior to using cannabis. You and any other user of any Product on the Site are solely responsible for the use of such Product and the consequences of such use. Any illegal use or resale of any Products listed on the Site could subject you to fines, penalties, and/or imprisonment under state and federal law.
3. RESTRICTED LOCATIONS
We do not sell Products which qualify as THC-regulated cannabis material outside of jurisdictions where such activities are legally allowed. We comply with all regulations required by law applicable to our Products. We do not ship THC-containing cannabis Products. Please visit a licensed cannabis retailer to purchase THC-containing Products. Please check back frequently as these restrictions are subject to change.
Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. INTELLECTUAL PROPERTY
We or our licensors or partners own the intellectual property rights in the Content and materials displayed on the Site. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, Content or design elements obtained from the Site, including code and software (“Material”).
You may use the Site (including such Content and Material) for not-for-profit, non-commercial use, but you may not use it for commercial purposes. We reserve the right to revoke your right to use the Site Content and Material for any reason upon notice. If you receive such a notice from us, you agree to discontinue such use of the Site.
No right, title, or interest in any materials or software is transferred to you as a result of use of this Site.
COPYRIGHTS Certain content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works, is protected by U.S. Copyright Law and you agree that you will not reprint, republish, or distribute any portion of the Content without expressed written permission to do so.
5. DMCA POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
This Site respects the intellectual property rights of others. If you believe in good faith that materials hosted by the Site infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Designated Agent (as identified below), with the following information:
- An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your address, telephone number, and email address;
- A statement that the you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of email notice to our designated agent:
DESIGNATED AGENT FOR DMCA NOTICES AND PROCESS (THE “DMCA AGENT”): EVIDENCE Attn: EVIDENCE DMCA Support EMAIL: firstname.lastname@example.org
You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
FILING A DMCA COUNTER-NOTIFICATION. If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
REPEAT INFRINGER POLICY. Pursuant to Section 512 of the DMCA, it is our policy to terminate the Member Account or other account/access of any repeat copyright infringer in appropriate circumstances.
6. USE OF THE SITE
- is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights;
- violates export or re-export control laws and regulations;
- advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
- distributes advertising or promotional content;
- compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
- provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States Federal Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
- decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
- accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
- reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission.
You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.
You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Site or its operations.
Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written electronic request to email@example.com. Decisions to grant or deny permission are within our sole discretion.
7. SITE CONTENT DISCLAIMER
Our Site may also contain facts, views, opinions and statements of third parties, visitors and other organizations. The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site. The Site and its Content do not constitute endorsements or guarantees by the Site of any featured venue or the Products or services available from such venues.
Content on the Site is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content is at your own risk. We reserve the right to modify the Content without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension, or discontinuance of the Site, Services, or Products.
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend, or clarify information on the Site or related to the provision of any Product, Service, or any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.
8. YOUR SUBMISSION OF PERSONAL INFORMATION TO THE SITE
To participate in activities on our Site, we may request that you submit certain personally identifiable information about yourself, including, for example, your name and personal contact information (“personal information”). We may also gather certain types of non-personally identifiable information about your visit to protect the security of our members or our Site or to make our Content more enjoyable for all our visitors.
9. ELECTRONIC SITE COMMUNICATIONS
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, once you sign up for email notices with the Site, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. By providing your email address, you agree that we may send you emails concerning our Site and Services, as well as information related to third parties. You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.
If you provide us with your cell phone number and opt-in to our text service, you agree and consent to receive certain text messages from us regarding the Site, Products, and Services. These text messages may relate to the Site’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt-out of receiving text messages by replying “STOP” to any text message sent by us. After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction with require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
10. REGISTRATION AND MEMBER ACCOUNTS
In order to register to use certain features of the Site, you may also be required to complete a registration process to obtain a member account (“Member Account”) through our Site or in one of our retail stores. In order to obtain a Member Account, you may be asked to provide your name, phone number, email address, mailing address, date of birth, interests, and certain other information. You will then be given the option to create a profile, in response to which, you may, but are not required to, provide additional information about yourself (“User Information”). You must provide complete and accurate information during the registration process and you have an obligation to update this information if and when it changes.
By registering with the Site, you agree to receive periodic electronic correspondence from us regarding your Member Account, the Site, our partners and/or any of our Services. You may opt in to receive additional communications from us or our partners.
In creating a Member Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration. You agree to notify us immediately of any unauthorized use of your account, username, or password.
11. USER CONTENT
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. EVIDENCE is not responsible for inaccurate information provided by visitors to the Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are and shall remain solely responsible for any User Content you make.
12. THIRD PARTY LINKS
Our Site may contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, their parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated, or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.
In general, we do not object to links to the Site from third party websites. You may link to the Site using the plain text name of the Site and only link to the home page of the Site. Do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the EVIDENCE Trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying EVIDENCE, The EVIDENCE Trademarks, or the Site in any “meta tag.”
13. LEGAL COMPLIANCE
14. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND BASED UPON OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING ANY PURCHASES MADE.
We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATION, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
Notwithstanding anything to the contrary contained herein, Company and its affiliates’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount paid, if any, by you to Company for the Products or Services during the period of one (1) month prior to any cause of action arising, and (b) five dollars ($5).
15.VIOLATIONS AND INDEMNIFICATION
NOTICE FOR CALIFORNIA USERS.Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
16.CHOICE OF LAW AND FORUM
17. DISPUTE RESOLUTION
This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without giving effect to the choice-of-law rules of that State. Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by California law consistent with the California Arbitration Act.
You agree to attempt in good faith to settle any controversy that may arise between us. In the event we are unable to settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in the State of California in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law.
YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRSENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE, PRODUCTS, OR SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
You consent to personal and subject matter jurisdiction in the State of California and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.
18. SECURITY MEASURES
20. CONTACT INFORMATION