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Weedy.com and weedy apps – Commercial Terms of Use

IMPORTANT INFORMATION ABOUT THESE TERMS OF USE

These Terms of Use (“Terms”) together with the Privacy Policy, set forth the legally binding terms (“Agreement”) between you, as a user of the website located at www.weedy.com (“Site”) and associated mobile applications (“Apps”), and us, Weedy.com.

By accessing or using any of the Site/Apps, you are accepting this Agreement and you represent and warrant that you have the right, authority and capacity to enter into this Agreement. If you are accessing and/or using the Site/Apps on behalf of any company, legal entity, or other organisation, you warrant that you have the authority to bind that entity to this Agreement. If you do not have the capacity (acting on your own or another’s behalf) to enter into this Agreement, or do not accept any terms of this Agreement, you should not visit, use or otherwise access the Site/Apps.

1.

ABOUT WEEDY

The Site and/or Apps are copyrighted works belonging to us. Through the Site and/or Apps, we provide to you resources related to cannabis varieties and related products which include reviews and ratings provided by users, and directories of cannabis dispensaries, retail locations, and medical providers (each a “Customer” and “You”). The Site permits you to list details and information concerning your services, products and location (together the “Customer Listings”); and, the Site/Apps offers certain products on the Site and/or Apps (collectively, with all other services provided through the Site/Apps, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

2.

GENERAL DISCLAIMER

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM 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. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR 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.

IN PARTICULAR WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY USE OF THE SERVICES FOR FEATURING CANNABIS OR CANNABIS-RELATED PRODUCTS, INFORMATION, OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.  IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND COMPLY WITH ALL APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND RESTRICTIONS. YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.

3.

USING THE SERVICES

For the purposes of this Agreement, any reference to User has the meaning given in the Weedy.com User Terms of Terms, and is a person who accesses or uses the Services. A User Account has the meaning given in the Weedy.com User Terms and Conditions and is a free Weedy.com account belonging to a User. For all uses of a User Account, the Weedy.com User Terms and Conditions apply. These Commercial Terms specifically govern your use of the Services through a Customer Account.

3A.

ACCOUNTS

3A/1

Creating a Customer Account

In order to access and/or use certain features of the Services specific to Customers, you must upgrade your standard User Account to a Customer Account by following the steps provided on the Site. When creating a Customer or User Account you will be asked to input information about yourself and/or your business, in accordance with our Privacy Policy.

You warrant and represent that any information you provide will be true, accurate and not misleading, and you understand and acknowledge that it is your obligation to keep the information within your Customer Account up to date and accurate.

3A/2

Your obligations as a Customer using our Services

If you have registered a Customer Account, or if you are otherwise accessing and using the Services, you are a Customer for the purposes of this Agreement. We will not be liable to any Customer for any loss or damage arising from failure to comply with the following warranties and representations.

As a Customer, notwithstanding the other provisions of this Agreement, you expressly represent warrant and represent that you:

(a)
Are solely responsible for keeping any Customer Account login details secure, and agree to immediately notify us of any unauthorised use, access, or suspected use or access of any Customer Account or any other breach of Services security;
(b)
Have your registered office or principal place of business located within a State of the United States of America where marijuana usage, medicinal or otherwise, has been legalised.
(c)
Will not use the Services to sell products (and make arrangements to deliver such purchases) to a purchaser who is not resident (and has a delivery address) within a State of the United States of America where marijuana usage, medicinal or otherwise, has been legalised by the User’s State of residency;
(d)
Will not use the Services to create a Customer Listing, promote, sell and/or deliver cannabis related products to Users if you are not the holder of any and all relevant licenses and permissions as required to comply with State and Federal laws of the United States of America relating to marijuana usage and consumption, medicinal or other wise;
(e)
Will use the Services in accordance with our Permitted Uses policy described as section 3D below.
(f)
Will not use the Services (including any Customer advertisements e.g. banners), or any of our social media channels, to post or communicate any information which (i) makes any deceptive, false, or misleading assertions or statements or claims, medicinal (including statements as to any curative or therapeutic effects of cannabis consumption) or otherwise, about your products and/or services, (ii) promotes over consumption of your products and/or services, (iii) depicts a child or other person under legal age, or otherwise suggests the presence of such person, and/or (iv) is presented in a manner that will appeal to, or specifically target, any person who is under twenty-one years of age.

3A/3

Other Users

Any interaction between you and a User (including Users and other Customers) through the Services, are solely between you and the User/Customer. You agree that we 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 other party, we are under no obligation to become involved. You agree that you will not encourage any user or other person to violate this Agreement or our User Terms of Use.

3A/4

Deleting a Customer Account

You may delete your Customer Account at any time, for any reason by following the instructions available via feedback@weedy.com. You expressly acknowledge and understand that we may suspend and/or terminate a Customer Account at any time and for any reason as described more fully under the termination section of these terms.

3A/5

Your Account may be accessed by you via our sister platform mjwellness.com and any and all content uploaded by you, including your profile and account information, will be active on our sister site.

3B.

PAYMENTS & PAID FOR SERVICES

3B/1

Packages and Add Ons

You may wish to select one of the following packages upon creation of your Customer Account, or at any time thereafter:

(a)
Free Account;
(b)
Basic or Pro Account (together “Paid For Accounts”)

Additionally you may wish to purchased selected Add-Ons for your Customer Account and/or Customer Listing.

You can upgrade your Customer Account at any time by following the instructions within your account or by contacting us.

3B/2

Automatic Billing

Any Paid For Account and or Add Ons with recurring fees will continue to be billed to you monthly, on a recurring, automatic renewal basis, until you cancel your Paid For Account or Add Ons.

3B/3

Price Changes

We reserve the right to amend the Package and Add On pricing at any time. We will notify you by emailing you at the last e-mail address you have provided to us (“Price Change Notice”). Any price change, as described in the Price Change Notice, will be deemed to take effect 30 calendar days following our Price Change Notice being issued. These changes will be effective immediately for new Customers of our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

3B/4

Payment terms

When selecting a Paid For Account and/or Add Ons, you agree to be bound by the then-current Package fees as display on the Site, or otherwise quoted by us to you.

YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT WE WILL AUTOMATICALLY BILL YOUR PAYMENT METHOD EACH MONTH UNTIL YOU CANCEL THE PACKAGE OR ADD-ON, OR UNTIL YOUR CUSTOMER ACCOUNT IS OTHERWISE TERMINATED BY US.

ALL PAYMENTS ARE NON-REFUNDABLE.

Any Package or Add On charges are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.

Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email or other method, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then we (a) may provide any priority Services you have ordered to another paying Customer (e.g., any ad space that you have reserved), (b) may permanently revoke any existing offers related to pricing or discounts, and/or (c) may terminate the applicable Service and/or your Customer Account at our discretion.

3C.

CUSTOMER CONTENT

3C/1

Your Customer Content

For the purposes of this Agreement, “Customer Content” means any and all information and content, including advertisements, Customer Listings information, photographs, videos, and any other information or content uploaded by you to the Services).

We do not maintain a back up of Customer Content, and you understand that Customer Content may be deleted at any time and for any reason, within or out with our control.

You are solely responsible and liable for your Customer Content and you therefore assume all risks associated with using your Customer Content, including liability for any reliance on its accuracy, completeness or truthfulness relied upon by any other Customer, User or other third party.

You must not expressly state or otherwise imply that your Customer Content is endorsed, sponsored, affiliated with or otherwise be stated to be supported by us, or any third party. Your Customer Content must not include any unproven or misleading claims, medicinal or otherwise.

You warrant that all Customer Content will not violate the Permitted Use Policy.

3C/2

Granting us a license to your Customer Content

You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, 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 Customer Content (including any content protected by any registered or unregistered intellectual property rights including trade marks), and to grant sublicenses of the foregoing, for our own or the commercial purposes of others. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Content. You expressly understand and agree that we may continue to publicly display, or cause to be publicly displayed and distributed throughout the Services, any or all of your Customer Content following the termination of this Agreement.

3C/3

Suggestions for Services improvements or developments

If you provide us with any feedback or suggestions regarding the Site or Services (“Ideas”), you hereby assign to us all rights in the Ideas and agree that we shall have the right to use such Ideas and related information in any manner we deem appropriate. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. We will not treat any Ideas as confidential or proprietary unless, when providing us with the Ideas, you expressly tell us so.

3D.

PERMITTED USE POLICY

3D/1

Restrictions on Customer Content: You agree not to use the Site/Apps/Services, or any of our social media pages or channels to collect, upload, transmit, display, or distribute any Customer Content (a) that 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 whether registered or unregistered; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, 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 which is harmful to minors in any way; or which is an attempt to attack or damage the reputation of any competitor (whether such competitor is another Customer or unrelated third party) or; is (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party, governmental, state or federal body.

3D/2

Compliance with Applicable Laws: You may not use the Services to post or communicate any information in contravention of any applicable laws or regulations.  All the Customer Content you post on the site must comply with all applicable laws, whether national, state, or provincial, including, without limitation, those regulating the advertising of cannabis or cannabis-related products.

3D/3

Providing third party links or recommendations/referrals within your Customer Content: You may not upload or otherwise post any information to your Customer Account (including, but not limited to, your Customer Listing) that refers or links to any third-party web sites or services for aggregated cannabis dispensaries, retail locations, and/or medical provider listings.

3D/4

Reviews: You agree not to post reviews on the Site (using your Customer Account, another Customer Account, or any other User account) that are not based on your own genuine personal experience. Reviews must not be (a) about your own business or practice or a competitor’s business or practice or (b) your products or competing products. Reviews based on second-hand, non-personal experience are not allowed. In addition to the other restrictions contained under 3D of this Agreement, reviews posted by users must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying 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

3D/5

Customer Content that contains 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 pixelated. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise comply with 3D/1 of this Agreement.

3D/6

Customer Technical 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 us, or any third party, 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.

3D/7

Our rights to monitor and amend Customer Content.

We do not monitor Customer Content, however we reserve the right to monitor and review Customer Content at any time

3D/8

Our rights to suspend and terminate Customer Accounts for breach of section 3D:

If we exercise our right under 3D/7 and are dissatisfied or other wise concerned with our findings, we are fully entitled to investigate, and/or take appropriate action against you in our sole discretion including removing or modifying your Customer Content, terminating your Customer Account in accordance, and/or reporting you to law enforcement authorities, if we in our sole discretion suspect that you have violated the provisions of this section 3D Permitted Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

3E.

YOUR LICENSE TO USE THE SITE AND/OR APPS (SERVICES)

3E/1

Grant of License to you: Subject to the terms of this Agreement, we grant to you a non-transferable, non-exclusive, license to use the Services for your regulated business use only and where any such license relates to our Apps, your license is granted to use our Apps in executable object code format only, solely on your own handheld mobile device and for your regulated business use only.

3E/2

Your License Restrictions: The rights granted to you in this Agreement 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 the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.

3E/3

Our Rights to modify or discontinue the Services: We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

4.

Intellectual property and proprietary rights

4/1

GENERAL: Excluding your Customer Content you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Services are owned by us, or the licensor if any of these rights are used under license by us. 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. We reserve all rights in this regard, whether stated expressly within this Agreement or other wise.

4/2

COPYRIGHT POLICY: We respect the intellectual property of others and as a User or Customer of our Services you should do the same. In connection with our Services, 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 Customers of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that a User 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:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • 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
  • 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 us is:
Laura Archbold
feedback@weedy.com

5.

Indemnity

You agree to indemnify and hold us (and our officers, employees, agents and representatives) harmless for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (i) (i) your use of the Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. We reserve 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 our prior written consen. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6.

Third party properties

The Services might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Properties”). Such Third Party Properties are not under our control and we are not responsible for any Third Party Properties or the contents thereof. We do not not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Properties. You access and use all Third Party Properties at your own risk. When you access or use a Third Party Property, 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 Properties.

7.

Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, 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 Site or Service Users or Customers or Third Party Properties

8.

Limitation on liability

IN NO EVENT SHALL WE (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 THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND 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, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR ANY PACKAGES AND ADD-ONS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

9.

Term and termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your User Account or Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your User Account or customer Account and right to access and use the Services will terminate immediately. You understand that any termination of your User Account or Customer Account involves deletion of your User Content or Customer Account associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Account or Customer Account or deletion of your User Content or Customer Content. Following termination of this Agreement for whatever reason, the following provisions of this Agreement will remain in effect: Sections 2, 3, 4, 5, 7, 8, 10.

10.

General

10/A

Right to amend these Commercial Terms:

Our rights to amend these Terms: We reserve the right to amend these Terms, or any term of our Agreement, at any time and for any reason. If we make a substantial change, we may notify you by emailing you at the last e-mail address you have provided to us and/or prominently displaying a notice regarding any change within our Site (“Change Notice”). Any substantial changes will be deemed to take effect 14 calendar days following our Change Notice being issued. These changes will be effective immediately for new users of our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10/B

Notice:

For contractual purposes, you (1) consent to receive communications from us in an electronic form (e.g. email); and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

10/C

Choice of Law; Venue.

The Agreement is made under and shall be governed by and construed in accordance with the laws of California, USA without giving effect to any principles that provide for the application of the law of another jurisdiction. Any action at law or in equity will be commenced in a federal or state court located in the California and you and we consent to the venue and jurisdiction of such courts.

10/D

Entire Agreement:

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.