1. SCOPE: These Universal Terms of Service (hereinafter, the “Terms”) govern your relationship with Mayim Chayim, LLC dba Weedsta and its respective employees, agents, partners, affiliates, successors and assigns (collectively, “Weedsta,” “We” or “Us”), your use of any services provided to you by Weedsta (each a “Service” or, collectively, the “Services”) including without limitation the Weedsta.com website (the “Website”).
2. MODIFICATIONS: Weedsta reserves the right to, at its option and without notice to you, update, revise, supplement, and otherwise modify any Term on an as-needed basis. The most current version of the Terms will, unless otherwise designated, be available at https://weedsta.com/terms. Any such updates, revisions, supplements, modifications will be deemed effective immediately and incorporated by reference into these Terms as additional Terms (the “Additional Terms”). Weedsta encourages you to regularly check for updates, as they may involve important changes affecting your legal rights. If you do not accept and agree to every applicable Term, you are not permitted to use any Services, including without limitation the Website.
3. ACCEPTANCE: Your use of the Website or any other Service will be deemed as an affirmative act showing your binding and unconditional acceptance to these Terms. Further, conducting any of these activities after one or more Additional Terms have been adopted constitutes your binding and unconditional acceptance of those Additional Terms. Notwithstanding the foregoing, you may not accept any Terms if: (a) you are not of at least twenty-one (21) years of age; or (b) you are barred from doing so under the laws of the country, state or territory in which you reside.
4. LIMITED LICENSE: Weedsta hereby grants you a personal, worldwide, non-exclusive, non-assignable, non-sub licensable license to access and use the Services, including but not limited to the Website, in accordance with the Terms outlined herein. This license is limited solely to your use and enjoyment of the Services and no other purpose.
5. COMMERCE: Browsing the Website and setting up a basic account is free. However, certain Services incur additional fees, which will be designated at the time they are requested and may covered by Additional Terms specific to those offerings. Further, certain products are available for sale via the Website, and typically involve purchases made through third party dispensaries, each potentially having their own unique terms and conditions. You are encouraged to visit and consult each dispensary that you choose to do business with to see what additional obligations and restrictions may apply to your transaction. Weedsta cannot be responsible for issues or concerns outside of its direct control.
6. USER ACCOUNTS: An account can be setup upon registration, where you will be assigned a user identification name (“User ID”) and password for accessing your account, the Website and other Services. However, Weedsta may, at its option, refuse or cancel your register you for any reason (including, but not limited to, a breach of any Term) and without prior notice. Once an account is assigned to you, you may not sell, solicit, give, assign, license or otherwise transfer this account to another person or entity without the prior written consent of Weedsta. You agree to be responsible for (and deemed the “publisher” of) any user- generated content or communications submitted by or through your user account. You further agree that you are solely responsible for maintaining the confidentiality and security of any passwords or other access credentials associated with this account.
7. ADDITIONAL OBLIGATIONS:
8. REPRESENTATIONS AND WARRANTIES: By using any Service (including without limitation, the Website), you hereby represent and warrant that:
9. CONTENT ON THE SERVICES: Various designs, text elements, layouts, graphics, user interfaces, photographs, videos, logo designs, sounds, music, artwork and computer code found on or accessible via the Website or any other Service, including but not limited to their design, structure, selection, coordination, expression, and arrangement, are owned, controlled by or licensed to Weedsta and subject to a variety of legal protections, including without limitation copyright, trademark, trade dress, patent and contract. Nothing herein is intended to or shall convey any right or license in or to such content, except as specifically provided for herein. You acknowledge and agree that during your use of the Services, including without limitation the Website, you may be exposed to materials or information that could have factual inaccuracies or omissions, or that may be considered offensive, indecent, objectionable or inappropriate. You further agree that Weedsta shall in no way be liable or responsible for such exposure. You also understand and agree that, due to the unique nature of digital content and the Internet generally, Weedsta does not and cannot review or control the accuracy, appropriateness or completeness of such materials or information, and has no liability whatsoever arising from your exposure thereto. Additionally, from time to time Weedsta may offer information or materials that could affect your legal rights. However, these offerings are solely for educational purposes, and are not in any way intended to create an “attorney-client” or similar relationship between you and Weedsta, or between you and any particular Weedsta user. Weedsta is not a law firm, and under no circumstances will ever function as your “attorney” or legal representative. If you require legal advice, you should consult an attorney duly licensed in the specific area of law you are interested in.
10. SERVICE CHANGES: Weedsta reserves the right to make changes to any Service, including without limitation the Website or your user account, or to cease providing such Services (whether permanently or on an interim basis) at its option and without prior notice.
11. DATA TRANSFER: By using one or more Services, including without limitation the Website, or by conducting any business with Weedsta, you may be causing communications or information to be sent through computers and electronic networks in other locations in the United States and abroad. You agree that Weedsta is permitted to take such actions where reasonably necessary to facilitate these interactions as part of its providing Services to you.
12.ADVERTISING: Certain Services, including without limitation the Website, may include advertisements, whether from Weedsta or third parties with whom Weedsta partners. This advertising may be targeted to information found within one or more Services, whether submitted by you or by others. You consent to the placement, targeting and display of such advertising as consideration for your use of the Services. In addition, Weedsta and/or its partners, affiliates or agents may, from time to time, send you pertinent information about the Services or other offerings which may be of interest to you. You consent to receive such communications as part of using the Services, including without limitation the Website. However, you may “opt-out” of any such communications at any time by sending an email to: firstname.lastname@example.org with the words “Privacy Opt Out” in the subject line.
13. IDENTITY VERIFICATION: While using certain Services, including without limitation the Website, you may from time to time interact with third parties who are misrepresenting their identity or otherwise acting under false pretenses. You agree that Weedsta does not and cannot confirm each user’s purported identity, and is not responsible for any damage or loss resulting from these activities. You bear sole responsibility for evaluating and verifying with whom you are interacting and whether any information they may provide is accurate or trustworthy.
14. USER-GENERATED CONTENT: As a Weedsta user, you are allowed to post and/or otherwise distribute various forms of content, such as videos, literary works, images, music compositions and other items via one or more of the Services, including but not limited to the Website. You may also generate various forms of content, such as user comments, "tags," "likes," and similar items within these Services. You are solely responsible for this content (collectively referred to as "User-Generated Content") and the effects of communicating it to others.
15. PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT: Weedsta respects the legal rights of others, and we ask that our users do the same. It is Weedsta’s policy to respond to notices of alleged copyright or other forms of infringement that comply with the applicable international intellectual property laws (including, in the United States, the Digital Millennium Copyright Act). If you believe that your intellectual property rights have been infringed, please provide Weedsta with written notice of such infringement that includes the following information:
Repeat offenders will, at Weedsta’s option, have their user accounts and/or access to the Services, including without limitation the Website, removed or disabled. If Weedsta disables or removes your user account or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating same and providing any supporting documentation necessary to establish your rights. Said notice can be delivered to the agent referenced above.
16. INDEMINFICATION: Each party agrees to indemnify, defend and hold harmless the other party, along with its respective directors, officers, employees, parents, subsidiaries, affiliates, stockholders, agents and contractors, from any claim or demand, including reasonable attorneys' fees and costs of suit (“Claim” or collectively “Claims”) made by any third party due to or arising out of a violation of the indemnifying party’s breach or violation of any Term (including, without limitation, any representation or warranty) or the legal rights of another. The indemnified party shall provide prompt written notice to the indemnifying party of any such Claim immediately upon receipt thereof. Once notice is given, the indemnifying party shall have the right to assume, in its sole discretion, the exclusive defense and control of the matter or determine whether (and how) to resolve it amicably. The indemnified party shall cooperate fully with the indemnifying party’s reasonable efforts.
17. TERMINATION: If you fail (or if Weedsta suspects that you failed) to comply with the letter or spirit of any Term, or if you become insolvent, or if you initiate bankruptcy proceedings, or if Weedsta is otherwise so compelled by law or unanticipated technical or security issues, Weedsta may terminate, suspend or restrict any Term at its sole discretion and without notice to you.
18. DISCLAIMER OF WARRANTIES: THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, ALONG WITH ANY MATERIALS OR INFORMATION OBTAINED FROM WEEDSTA, ARE TO BE CONSIDERED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR PROMISE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEEDSTA MAKES NO REPRESENTATION, WARRANTY, CONDITION OR PROMISE THAT ANY SERVICES, MATERIALS OR INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT ANY USE BY YOU OR ANYONE ELSE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WHILE WEEDSTA MAKES EVERY EFFORT TO ENSURE THE ACCURACY AND RELIABILITY OF ITS CONTENT, IT BEARS NO RESPONSIBILTY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY INACCURACIES, ERRORS OR OMISSIONS OR OBJECTIONABLE CONTENT CONTAINED THEREIN. WEEDSTA ALSO DOES NOT AND CANNOT GUARANTEE THAT ANY MATERIALS PROVIDED WILL BE FREE OF VIRUSES, SPYWARE, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
19. LIMITATION OF LIABILITY: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES INCLUDING WITHOUT LIMITATION THE WEBSITE. IN NO EVENT WILL WEEDSTA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH A DISPUTE REGARDING ANY TERMS, EVEN IF WEEDSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, INTERFERENCE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND/OR INVASION OF PRIVACY), STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING THE ABOVE, SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, WEEDSTA’S LIABILITY SHALL NONETHELESS BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
20. PRIVACY: Weedsta is committed to protecting your privacy. Please visit http://www.Weedsta.com/privacy to learn about the practices Weedsta follows with respect to the information you provide.
Governing Law, Disputes: The validity, construction and/or interpretation of any Term shall be governed by the laws of the State of California, excluding its conflicts of law rules. Any dispute shall be resolved by a sole arbitrator in Los Angeles, California under the rules of JAMS Endispute (http://www.jamsadr.com). Both parties acknowledge that they have been advised by counsel or had sufficient opportunity to do so, and willingly submit to arbitration and relinquish their rights to a trial by jury. Notwithstanding the foregoing, either party may seek provisional or other emergency relief, or may obtain judgment on any arbitration award in the competent courts of the State of California, located in the County of Los Angeles, and both you and Weedsta irrevocably submit to personal jurisdiction and venue for such purposes. If it becomes necessary for Weedsta to take legal action to enforce any Term or any right obtained or obligation incurred thereunder, you agree to reimburse Weedsta for its reasonable attorneys’ fees and costs.
Remedies: Unless otherwise specified, each and every remedy shall be cumulative and shall be in addition to every other remedy, and the election of any one or more of such remedies shall not constitute a waiver of the right to pursue any other available remedies.
Headings: Any headings and subheadings are inserted for convenience only, and shall have no effect on or over the meaning or construction of any Term. No Implied Waivers or Amendments: A waiver must be expressly stated in writing to have any effect. Further, no Term may be amended or altered unless in writing.
Entire Agreement: These Terms collectively represent the entire agreement and understanding between you and Weedsta and supersede any other agreement or understanding (written, oral or implied) that you and Weedsta may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
Force Majeure: Neither you nor Weedsta will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
Severability: Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
Notices: Both you and Weedsta may give notice to one another as follows: (i) electronic mail transmission; (ii) first class mail or certified mail, postage prepaid; (iii) or express courier, cost prepaid. Unless otherwise specified, if such notice is sent to Weedsta it should be directed to: 23371 Mulholland Dr, Suite 390 Woodland Hills, CA 91364
Assignment/Sublicensing: These Terms, and any rights and licenses granted hereunder, may not be transferred, assigned or sublicensed by you without Weedsta’s express written consent. On the other hand, Weedsta may assign, sublicense or otherwise transfer these Terms or any individual Term, at its option, without restriction and without prior notice to you.
Survival: Following termination of these Terms and/or your commercial relationship with Weedsta generally, any Term logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Weedsta to enforce any rights obtained or obligations incurred hereunder. For purposes of clarity, and without limitation, the license granted to Weedsta and its users in Section 4, the indemnity provisions found in Section 18, and each provision of this Section 24 would logically extend beyond such termination.
Third-Party Beneficiaries: No Term is meant or intended to benefit any third party.
Electronic Signatures: THESE TERMS ARE TRANSACTIONS AFFECTING INTERSTATE COMMERCE SUBJECT TO THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OF 2000 (“eSIGN”) AND YOU INTEND THAT THIS LAW APPLY TO THE FULLEST EXTENT POSSIBLE. WEEDSTA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE OR CHANGE THE BASIS UPON WHICH IT PROVIDES ELECTRONIC COMMUNICATIONS TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AN ELECTRONIC SIGNATURE WILL BE THE PREDOMINANT MEANS BY WHICH YOU EXPRESS YOUR ASSENT IN INTERACTING WITH WEEDSTA. THERE IS NO SPECIFIC FORMAT FOR THIS ELECTRONIC SIGNATURE, SO LONG AS WEEDSTA CAN BE REASONABLY CERTAIN THAT THE SIGNATURE IS ATTRIBUTABLE TO YOU AND ADEQUATELY EXPRESSES YOUR ASSET TO BE LEGALLY BOUND BY CONTRACT. FOR PURPOSES OF CLARITY, THESE ELECTRONIC COMMUNICATIONS WOULD INCLUDE, WITHOUT LIMITATION:
ALL ELECTRONIC COMMUNICATIONS PROVIDED TO YOU WILL BE PROVIDED EITHER: (1) VIA E-MAIL; (2) BY ACCESS TO AN INTERNET WEB SITE THAT WEEDSTA WILL DESIGNATE AT THE TIME THE INFORMATION IS MADE AVAILABLE; (3) OR BY REQUESTING YOU DOWNLOAD AN ELECTRONIC DATA FILE CONTAINING THE COMMUNICATION. REGARDLESS OF THE MEANS USED, YOU AGREE THAT SUCH COMMUNICATION WILL BE DEEMED TO BE “IN WRITING.” IN ORDER TO ACCESS AND VIEW THE COMMUNICATIONS YOU WILL TYPICALLY NEED, AT MINIMUM:
PLEASE BE ADVISED THAT PAPER COPIES MAY NOT BE AVAILABLE FOR THE MAJORITY OF COMMUNICATIONS BETWEEN YOU AND WEEDSTA.
Other laws: These Terms incorporate by reference the Copyright Act of 1976, as amended, but in no way include or are subject to the Uniform Computer Information Transactions Act (“UCITA”) as adopted by any state.
Language: You agree that all Terms will be written in English.
California Civil Code Section 1789.3 Compliance: Californians have rights to certain information on providers of “electronic commercial services” pursuant to Civil Code Section 1789.3 and California Business and Professions Code Section 17538. The mailing address, telephone number and contact email address for Weedsta is listed in the “Notice” paragraph of this Section. Currently, there are no fees or charges imposed by Weedsta for simply viewing the Weedsta.com website. However, there are costs for certain Services which are levied via separate subscription or transaction fees, as well as any applicable taxes or governmental fees. Please see the appropriate Service-specific Terms for clarification on such fees. If you wish to resolve a complaint about a particular transaction, please contact Weedsta directly via any of the means listed above. Further, if you wish to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, their address is: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, U.S.A., and their telephone number is (800) 952-5210.
Void Where Prohibited: Weedsta is located in Los Angeles, California, in the United States of America. While certain Services, including without limitation the Website, may be accessible in other countries throughout the world, not all Services can or will be available or appropriate for use in other non-U.S. locations. Weedsta may, at its option and without notice to you, restrict access to any Service or limit same to certain geographic areas. If you choose to utilize the Services from anywhere so limited or restricted, or from anywhere outside the United States generally, you do so at your own risk and you bear sole responsibility for complying with all applicable laws or regulations.
Last Revision Date: August 16, 2016