If you download the Application, you further agree not to:
3. Information Regarding Cannabis Products.
3.1. Compliance with Laws. Marijuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marijuana and products containing marijuana, the manufacture, sale, and possession of marijuana paraphernalia, and advertising the sale of marijuana, marijuana products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marijuana in your jurisdiction. All Weeddasher products are intended for personal use only in the jurisdiction in which they are sold and are not intended for resale or interstate transport.
3.2. Assumption of Risk. You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Site or Application have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither such products nor the ingredients in any of such products have been approved or endorsed by the FDA or any other regulatory agency. The products available on the Site and Application are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Site or Application. Do not operate vehicles or dangerous equipment while under the influence of cannabis.
4. Ownership. The Offerings (including the Content) are owned by Weeddasher and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or any Application are registered and unregistered marks of Weeddasher. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and Weeddasher, Weeddasher is and shall remain the sole owner of the Offerings and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
5. Account Registration and Security. Access to and use of certain Offerings requires you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Weeddasher of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
6. Delivery and Pick-Up Orders. As one of its Services, Weeddasher may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products from Weeddasher’s retail location. Weeddasher does not in any way guarantee the quality of any cannabis-related product, or any pick-up or delivery service in connection therewith. If an identification card is required by Weeddasher in connection with an order you place, you will upload a valid, unexpired government-issued identification card. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age. If you do not comply ith these terms, you agree that cannabis products may not be released to you, and you may forfeit the cost of such products.
All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.
7. User Content.
7.1. User Content and Restrictions. The Offerings may enable users to submit, upload, post, share, display, or transmit to the Site or Application (hereinafter, “post”) reviews and comments with respect to the Offerings (collectively, “User Content”). You may not post any User Content that:
7.2. Rights You Grant to Us. You hereby grant to Weeddasher an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Offerings for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Weeddasher that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
7.3. No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Weeddasher is not responsible for, and does not endorse, any User Content.
7.4. No Obligation to Prescreen, Monitor or Use. Weeddasher does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Offerings. However, Weeddasher retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Offerings. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
8. Electronic Communications. The communications between you and Weeddasher via the Offerings use electronic means. For contractual purposes, you consent to receive communications from us in 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 be in writing.
12. Change and Suspension.
12.1. Changes to the Offerings. Weeddasher reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Offerings or any portion thereof (including any Content) at any time. You agree that Weeddasher will not be liable to you or to any third party for any such change, suspension, or discontinuance.
13. Disclaimer; Limitation of Liability.
13.1. Disclaimer of Warranties. THE OFFERINGS, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WEEDDASHER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WEEDDASHER NOR ANY PERSON ASSOCIATED WITH WEEDDASHER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE OFFERINGS, THE APPLICATION OR ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE AND APPLICATION. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS;
13.2. WITHOUT LIMITING THE FOREGOING, NEITHER WEEDDASHER NOR ANYONE ASSOCIATED WITH WEEDDASHER REPRESENTS OR WARRANTS THAT THE OFFERINGS, THE APPLICATION OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE OFFERINGS, THE APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS, THE APPLICATION OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
13.4. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 13 may not apply to you.
15. Third Party Materials. The Offerings may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Weeddasher is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Weeddasher does not assume and will not have any liability to you or any other person or entity 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 at entirely at your own risk and subject to such third parties’ terms and conditions.
17. U.S. Export Controls. The Application may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any country outside the United States.
18. ARBITRATION AGREEMENT. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
18.2. Prohibition of Class Actions and Non-Individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, C LASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF ANDONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of Section 18, other than subsection 18.7, will be null and void and neither of us will be entitled to arbitrate our dispute.
18.3. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Weeddasher requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18.4. Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Weeddasher, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is equesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 18.6 ) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address: American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043 Alternatively, the Demand may be filed with the AAA online using AAA WebFile: https://www.adr.org. Any Demand to Weeddasher should be addressed to: ________________________________________________________________.
18.5. Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 18. If the value of the relief sought is $1,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees. Any request for payment of filing, administration, and arbitrator fees by Weeddasher should be submitted by mail to the AAA along with our Demand and Weeddasher will make arrangements to pay all such necessary fees directly to the AAA. In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by Weeddasher on your behalf that you otherwise would be obligated to pay under the AAA Rules.
18.6. OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 18, YOU MUST NOTIFY WEEDDASHER IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO WEEDDASHER AT THE ADDRESS SET FORTH IN SUBSECTION 18.3. YOUR WRITTEN NOTIFICATION TO WEEDDASHER MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND WEEDDASHER ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH WEEDDASHER THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 18, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING SECTION 18.7, BELOW.
18.7. Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 18 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Weeddasher prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Weeddasher. We will notify you of amendments to the arbitration provisions of this Section 18 by posting the amended terms on the Site, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may cancel your Offerings, close your account and delete the Application from your Mobile Device within the 30-day period and you will not be bound by the amended terms.
18.8. JURY TRIAL AND CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WEEDDASHER EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
19.1. Geographic Restrictions. Weeddasher is based in the State of New Mexico in the United States. We make no claims that the Offerings or the Content are accessible or appropriate outside of the United States. Access to and use of the Offerings may not be legal by certain persons or in certain countries. If you access the Offerings from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.