Last updated February 13, 2023
THESE TERMS SET FORTH LEGALLY BINDING TERMS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO AGREE TO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU ARE NOT ABLE TO FORM A BINDING CONTRACT WITH LEAFWELL OR OTHERWISE DO NOT HAVE THE CAPACITY TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THESE TERMS.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THEY CONTAIN A MANDATORY INDIVIDUAL AGREEMENT TO ARBITRATE AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13 AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LEAFWELL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. IMPORTANT DISCLAIMERS.
LEAFWELL’S SERVICES INCLUDE THE PROVISION OF TECHNOLOGY AND MANAGEMENT SERVICES TO INDEPENDENTLY OWNED AND OPERATED MEDICAL PRACTICES WHICH PROVIDE SERVICES TO THEIR PATIENTS THROUGH THE SERVICES. ALL CLINICAL TREATMENT PROVIDED THROUGH THE SERVICES IS PROVIDED BY PHYSICIANS OF INDEPENDENTLY OWNED AND OPERATED MEDICAL PRACTICES. LEAFWELL DOES NOT PROVIDE ANY HEALTHCARE PROVIDER SERVICES.
LEAFWELL DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SERVICES, OR WITHIN ANY OF LEAFWELL’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. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND LEAFWELL-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SERVICES AND PROVIDED VIA LEAFWELL’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES, OR ON LEAFWELL’S SOCIAL MEDIA PAGES OR CHANNELS.
ALL INFORMATION AND CONTENT CONTAINED OR OTHERWISE MADE AVAILABLE ON SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. LEAFWELL DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). LEAFWELL IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SERVICES. LEAFWELL IS NOT OBLIGATED TO 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 THEY PROVIDE.
ACKNOWLEDGMENT FEDERAL LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEAFWELL IS FOR RESIDENTS OF STATES WITH LAWS REGULATING MEDICAL OR THE RECREATIONAL USE OF CANNABIS ONLY AND THAT MEDICAL CANNABIS COLLECTIVES AND PATIENTS ARE ESTABLISHED PURSUANT TO THEIR RESPECTIVE STATE 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. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MEDICAL USE IS NOT RECOGNIZED AS A VALID DEFENSE UNDER FEDERAL LAWS REGARDING MARIJUANA. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE INTERSTATE TRANSPORTATION OF MARIJUANA IS A FEDERAL OFFENSE.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THESE TERMS.
2. Eligibility and Accounts.
2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the Services within the United States.
2.2 Account Creation. In order to use certain features of the Services, you must register for an account with Leafwell (“LeafwellAccount“) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one Leafwell Account. Leafwell may suspend or terminate your Leafwell Account in accordance with Sections 3.3, 6.4 and 11.
2.3 Account Deletion. You may delete your Leafwell Account at any time, for any reason, by sending an email to email@example.com which includes your Leafwell Account username and your request to delete your account.
2.4 Account Responsibilities. You may never use another User’s Leafwell Account without permission. You are responsible for maintaining the confidentiality of your Leafwell Account login information and are fully responsible for all activities that occur under your Leafwell Account. You agree to immediately notify Leafwell of any unauthorized use, or suspected unauthorized use, of your Leafwell Account or any other breach of security. Leafwell cannot and will not be liable for, and expressly disclaims any responsibility for, any loss or damage arising from your failure to comply with the above requirements.
3. ACCESS TO SERVICES
3.1 License. Subject to these Terms, Leafwell grants you a limited, non-transferable, non-exclusive, and freely revocable license to use the Services for your personal, noncommercial use. Subject to the these Terms, Leafwell grants you a non-transferable, non-exclusive license to install and use the software Leafwell makes available for mobile devices (“MobileApp“), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in these Terms, the term “Services” includes the Mobile App.
3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
3.3 Modification. Leafwell reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Leafwell will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the Services are owned by Leafwell or Leafwell’s suppliers. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Leafwell and its suppliers reserve all rights not granted in these Terms.
3.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“AppPlatform“). You acknowledge that these Terms are between you and Leafwell and not with the App Platform. Leafwell, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of these Terms and will have the right to enforce these Terms. See Accessing and Downloading the Application from Apple® in Section 15.5 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
4. COMMUNICATIONS CONSENT
4.1 Text Messaging [Consent]. By subscribing to the Leafwell SMS/text messaging service, you expressly consent and agree that Leafwell and those acting on its behalf may send you text (SMS) messages through your wireless provider at the phone number you provided us, even if your mobile number is registered on any state or federal Do Not Call list. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Leafwell, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your Leafwell Account or use of the Services, updates concerning new and existing features on Leafwell, communications concerning promotions run by us or our third-party partners, and news concerning Leafwell and industry developments. We do not charge for the service, but you are responsible for all charges and fees associated with calls and text messaging imposed by your wireless provider. Text messaging charges applied by your cell phone carrier will apply to text messages we send. Message frequency varies.
You understand that you do not have to sign up for this program in order to make any purchases. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Leafwell. If you change or deactivate the phone number you provided to Leafwell, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
4.2 Opt-Out. You may opt out of receiving promotional text messages from Leafwell at any time by replying STOP to a promotional text message from Leafwell. You may opt-out of receiving all text messages from Leafwell at any time by deleting your account or by replying STOP to any text message from Leafwell. NOTE: if you opt-out of receiving all text messages from Leafwell, you will not be able to use certain Services without agreeing to receive operational text messages. You may receive text messages confirming the receipt of your opt-out request.
4.3 Opting Back In. You may opt back into receiving text messages from Leafwell at any time by replying START to a text message from Leafwell.
4.4 Push Notifications. When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
4.5 Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. By providing Leafwell your email address, you consent to our using that email address to send you notices related to the Services, including any notices required by applicable laws, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages notifying you of changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
5. USER CONTENT; USAGE DATA
5.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Services, including without limitation, content in the User’s profile, User reviews and/or postings. You acknowledge and agree that Leafwell is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafwell does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content.
5.2 User Content – Restrictions. You agree not to use the Services, or any of Leafwell’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) 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; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Leafwell. You acknowledge and agree that Leafwell is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafwell does not assume and will not have any liability or responsibility to you or any other person or User for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Leafwell), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Leafwell is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Leafwell an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
5.5 Feedback. If you provide Leafwell any feedback or suggestions regarding the Services (“Feedback“), you hereby assign to Leafwell all rights in the Feedback and agree that Leafwell shall have the right to use such Feedback and related information in any manner it deems appropriate. Leafwell will treat any Feedback you provide to Leafwell as non-confidential and non-proprietary. You agree that you will not submit to Leafwell any information or ideas that you consider to be confidential or proprietary.
5.6 Usage Data. Leafwell may collect, maintain, process, and use, or you may provide to Leafwell, diagnostic, technical, usage, and related information, including information about your computers, mobile devices, systems, and software (collectively, “UsageData“). You agree that all Usage Data is owned solely and exclusively by Leafwell, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to Leafwell all rights, title, and interest in and to the same. Accordingly, Leafwell may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Services; (b) to develop and improve the Services; (c) to monitor your usage of the Services; (d) for research and analytics and for Leafwell’s other business purposes; and (e) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Services may contain technological measures designed to prevent unauthorized or illegal use of the Services. You acknowledge and agree that Leafwell may use these and other lawful measures to verify your compliance with the terms of these Terms and to enforce Leafwell’s rights, including all intellectual property rights, in and to the Services.
6. ACCEPTABLE USE POLICY.
The following sets forth Leafwell’s “Acceptable Use Policy”:
6.1 Reviews. You agree not to post reviews on Services or any of Leafwell’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other Users with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Services or any of Leafwell’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about any dispensary employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the dispensary, (f) contain references to dispensaries or competitors other than the product or dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a dispensary you may not post reviews about your dispensary or products or about your competitors’ dispensary or products.
6.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.
6.3 Technological Restrictions. In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another User or Leafwell or gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another User’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Leafwell Account in accordance with these Terms, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person.
You agree to indemnify and hold Leafwell (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or 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 (i) your use or misuse of the Services, (ii) your User Content, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations. Leafwell reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Leafwell. Leafwell will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE.
8.1 Third-Party Interactions. During use of the 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 Service. In particular, Leafwell 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. The Leafwell 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 Service.
8.2 Third-Party Materials. The 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 each menu (collectively, “Third–PartyMaterials“). You acknowledge and agree that Leafwell is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Leafwell 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.
8.3 Deals. The Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals“). Deals constitute “Third–PartyMaterials” under these Terms. Leafwell displays these Deals on the Services as a form of advertisement for the listing dispensary (the “Offeror“) only. All Deals are offered 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 additional terms, conditions, or restrictions are expressly included on the Services. The Offeror, and not Leafwell, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; 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 a Deal or not.
8.4 Other Users. Each User of the 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 Users (including dispensaries) are solely between you and such User. You agree that Leafwell 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 User, we are under no obligation to become involved.
8.5 Release. You hereby release and forever discharge Leafwell (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 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 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 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.”
THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LEAFWELL (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAFWELL (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEAFWELL’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (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 LEAFWELL IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
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.
11. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Leafwell Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Leafwell Account and right to access and use the Services will terminate immediately. You understand that any termination of your Leafwell Account involves deletion of your User Content associated therewith from our Services and live databases. Leafwell will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Leafwell Account or deletion of your User Content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3.2-3.4, 4–14.
12. COPYRIGHT POLICY.
Leafwell respects the intellectual property of others and asks that Users of our Services do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
12.1 Your physical or electronic signature;
12.2 Identification of the copyrighted work(s) that you claim to have been infringed;
12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;
12.4 Sufficient information to permit us to locate such material;
12.5 Your address, telephone number, and e-mail address;
12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Leafwell is:
9100 South Dadeland Blvd, Suite 1701
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE; GOVERNING LAW.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEAFWELL.
This section (this “ArbitrationAgreement“) applies to and governs any dispute, controversy, or claim between you and Leafwell that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Leafwell, directly or indirectly, as a consumer (each, a “Claim,” and, collectively, “Claims“). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
For any Claim, you agree to first contact us to attempt to resolve the Claim with us informally in accordance with Section 13.2 below. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve and exclusively settle such Claim through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA“) for commercial arbitration before a single arbitrator. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in the Section below is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This Arbitration Agreement is subject to the Federal Arbitration Act (“FAA“). If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you reside or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms to the contrary, we agree that if Leafwell makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Leafwell. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the State of Delaware. You hereby accept the exclusive jurisdiction of such court for this purpose.
Nothing in this Arbitration Agreement will be deemed as: preventing Leafwell from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
13.1 Class Action/Jury Trial Waiver. REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND LEAFWELL AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND LEAFWELL FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LEAFWELL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
13.2 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice“). The Notice to us should be sent to the address identified in Section 15.6 below.
13.3 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.4 Opt-out; Future Changes to Arbitration Agreement. If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing Leafwell at email@example.com with your full legal name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brough. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the email address set forth in this Section or the address identified in Section 15.6 below) while you are a User of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the email address set forth in this Section or address provided in Section 15.6 below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
13.5. Governing Law. You agree that: (a) the Service will be deemed solely based in the State of Delaware; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles.
We are confident that you will be extremely satisfied with our services. However, we understand that things happen. In the unlikely event that your specific circumstances indicate that a refund may need to be issued to you, please contact us via email at firstname.lastname@example.org. We handle refund requests on a case-by-case basis, with the ultimate goal of providing you with the highest standard of service, but we cannot offer refunds in every situation.
For example, the following situations do not qualify for a refund:
- If you fail to complete your State Registration within the shorter of: (a) the time required by the State you are registering for or (b) 120 days.
- Mistakes or errors made by you during the application process.
- If services provided by Leafwell were completed, but you need your recommendation or certificate to be revoked or retracted, we can complete this process, but refunds will not be issued.
- Other circumstances, on a case-by-case basis.
Please note that we only offer refunds onto the original payment method used for the service fees.
15.1 No Support or Maintenance. You acknowledge and agree that Leafwell will have no obligation to provide you with any support or maintenance in connection with the Services.
15.3 Copyright/Trademark Information. All title, including but not limited to Copyright © 2016, Leafwell, Inc., all rights reserved, are owned by Arida Holdings, Inc. Leafwell®; the Leafwell logo; the Leafwell green, purple and rusty maroon colors used in combination; the Leafwell green, purple, and rusty maroon colors used for hybrid, indica, and sativa cannabis strains; and the Leafwell tile designs (collectively, the “Marks“) are trademarks of Arida Holdings, Inc. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple“). Google Play™ is a trademark of Google, LLC. You acknowledge and agree that You are not permitted to use Leafwell’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, Leafwell Inc., Apple, or the owners of such third-party marks.
15.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
- You acknowledge and agree that (i) these Terms are concluded between you and Leafwell only, and not Apple, and (ii) that Leafwell, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in these Terms to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
- In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Leafwell and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Leafwell.
- You and Leafwell acknowledge that, as between Leafwell and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Leafwell acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Leafwell and Apple, Leafwell, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Leafwell acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
- You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
15.5 Miscellaneous. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Leafwell of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Leafwell. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Leafwell’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
15.6 Leafwell Contact Information:
9100 South Dadeland Blvd, Suite 1701
800 660 9085
15.7 California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Attribution: Alpha Stock Images – http://alphastockimages.com/
Original Author: Nick Youngson – http://www.nyphotographic.com/
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