TERMS OF SERVICE AND USE FOR DISPENSARY GENIE
- AGREEMENT AND GENERAL TERMS OF USE
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- a. These Terms of Service and Use (the “Terms”) constitute the agreement between Dispensary Genie (“Dispensary Genie,“ “we,” “us,” or “our”) and you as a user who accesses, subscribes to access, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web site known as www.dispensarygenie.com (including any sub-domains) (collectively the “Site”) and any related products and services purchased from the Site or us. Our provision of the Site and related products and services, are collectively called the “Services.”
- b. This Site may collect personal information from you. By using these Services and/or agreeing to these Terms, you consent to the collection, storage, and processing of your data.
- c. This Site and our Services are intended for general audiences over the age of 21 years old and only for residents of states and localities with laws permitting medical or the recreational use of cannabis. We do not knowingly collect information from children under the age of 21 years old. IF YOU ARE NOT AT LEAST 21 YEARS OLD OR DO NOT RESIDE IN A STATE THAT PERMITS MEDICAL OR RECREATIONAL USE OF MARIJUANA, DO NOT USE THE SERVICES OR THIS SITE.
- d. You must agree to abide by all of the provisions of these Terms in order to remain an authorized user of the Site and your continued use of the Site constitutes your agreement to abide by these Terms. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of these Terms. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name, username and/or password.
- e. We reserve the right, in our sole discretion, to change any or all of the provisions of these Terms at any time. We will notify you of any material changes by posting them on the Site or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you unless we advise otherwise. Your use of the Site after notice of changes to these Terms will be deemed your acceptance of the changes. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to your use of the Services.
- f. IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES, AS APPLICABLE. YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
- USER ACTIVITIES AND INFORMATION ON THE SITE; LINKS
- 2.1 IMPORTANT DISCLAIMERS ALL INFORMATION ON THE SITE AND FROM THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY DISPENSARY GENIE ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. DISPENSARY GENIE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR FROM THE SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS. DISPENSARY GENIE IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR FROM THE SERVICES. DISPENSARY GENIE IS NOT OBLIGATED TO AND DOES NOT SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THAT THEY PROVIDE.
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- a. NO MEDICAL ADVICE DISPENSARY GENIE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND FROM THE SERVICES, OR WITHIN ANY OF DISPENSARY GENIE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS OR ADVERSE EFFECTS. THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA DISPENSARY GENIE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT WITH A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE AN QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, FROM THE SERVICES, OR ON DISPENSARY GENIE’S SOCIAL MEDIA PAGES AND CHANNELS.
- b. ACKNOWLEDGMENT OF FEDERAL LAW You expressly acknowledge and agree that the Site and Services are only for residents of states and localities with laws permitting and regulating medical or the recreational use of cannabis and that dispensaries, medical cannabis collectives and patients are established pursuant to their respective laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.
- c. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTION 4 OF THIS AGREEMENT.
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- 2.2 You will use the Site, Services and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. 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 Websites or Services.
- 2.3 In order to access or use some of the Site or Services, you may be required to first register and create an individual profile for yourself or a business (“User Profile”). By creating a User Profile, you agree that:
- a. 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, incomplete, or otherwise violates these Terms, Dispensary Genie may, in its sole discretion, suspend or terminate your account and refuse you any and all current or future access to or use of the Site and Services (or any portion thereof).
- b. You will not upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
- c. You will not allow any third-party to access your account and are solely responsible for all activities that occur under your User Profile.
- d. You represent and warrant that any material or information that you make available through the Site (through a User Profile or otherwise), including, for example, any postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
- e. By making any material or information available through the Site, you automatically grant to Dispensary Genie a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
- 2.4 We have no obligation to, do not, and cannot, review every item of material or information that you and users other than yourself make available through the Site, and we are not responsible for any content of this material or information. However, we reserve the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, we reserve the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
- 2.5 We reserve the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
- RIGHTS IN SITE CONTENT AND THE SITE
- 3.1 All content provided on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, created, and/or licensed by Dispensary Genie. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Dispensary Genie. Any and all trademarks appearing on the Site are the property of Dispensary Genie or their respective owners.
- 3.2 Subject to these Terms, Dispensary Genie grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use.
- 3.3 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with Dispensary Genie. You may download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Dispensary Genie and/or the copyright owner. You will not make any changes to any content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
- THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; OTHER USERS
- a. Third-Party Interactions. During your use of the Site or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Site and/or Services. In particular, Dispensary Genie is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. Dispensary Genie shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Site and/or the Services.
- b. Third Party Materials. The Site and/or Services might display, include, or make available 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 parties such as Deals and dispensary Menus, including pricing, product names, and product descriptions (collectively, “Third-Party Materials”). You acknowledge and agree that Dispensary Genie is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Dispensary Genie 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 Third-Party Materials, 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 Materials.
- c. Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Services users (including Dispensaries) are solely between you and such user. You agree that Dispensary Genie 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 Site or Service user, we are under no obligation to become involved.
- d. Release. In consideration of your use of the Site and Services, you hereby release and forever discharge Dispensary Genie (and our officers, employees, agents, successors, and assigns) 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 claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, 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 Site or Service users, Third-Party Interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a non-California resident, you hereby agree that the release above applies to all claims, including claims you did not know existed at the time you signed this Agreement.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- 5.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER DISPENSARY GENIE, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
- 5.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DISPENSARY GENIE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MATERIALS ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY, RELIABLE, OR ARE FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES. DISPENSARY GENIE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL CODE. DISPENSARY GENIE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOU, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
- 5.3 TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, GROSS NEGLIGENCE, WILL DISPENSARY GENIE (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DISPENSARY GENIE (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
- 5.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISPENSARY GENIE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS SITE OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DISPENSARY GENIE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
- 5.5 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- INDEMNIFICATION. You agree to defend, indemnify and hold harmless Dispensary Genie (and any of its parents, subsidiaries, affiliates, owners, shareholders, members, officers, directors, managers, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of or relating to your use of the Site and/or the Services or your breach of any provision of these Terms. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
- NOTICES BETWEEN US. You will contact us by submitting your message via email to dispensarygenie@gmail.com. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.
- TERMINATION. We may terminate these Terms and your use of the Site and/or Services at any time. We also have the right to immediately terminate your use of the Site and/or Services in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
- LAW GOVERNING PERFORMANCE AND DISPUTES. These Terms and any disputes arising under, concerning, or relating to the Terms, the Site and/or the Services shall be governed exclusively by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws principles. All disputes between you and the Dispensary Genie arising out of, relating to, or in connection with the Site, the Services and/or these Terms shall be brought exclusively in a court of competent jurisdiction in the Commonwealth of Massachusetts and You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Commonwealth of Massachusetts and/or the United States District Court for the District of Massachusetts for such purposes.
- CLASS ACTION WAIVER. You and Dispensary Genie waive any right to assert any claims against each other as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (a) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in these Terms); and (b) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in ay any recovery secured through class or representative action.
- GENERAL TERMS. These Terms and any posted rules on the Site constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Dispensary Genie of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Dispensary Genie and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.