TERMS OF SERVICE
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CANNABIS CLASSIFIEDS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE UNDER SECTION 230 OF THE COMMUNICATIONS DECENCY ACT.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CANNABISCLASSIFIEDS.COM, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CANNABISCLASSIFIEDS.COM OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CANNABISCLASSIFIEDS.COM AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
We will not be liable for any loss or damage to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these TOS, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice or liability.You are responsible for content you post on CannabisClassifieds.com; you understand that once published, it may not always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CannabisClassifieds.com.You understand that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law.
You understand that CannabisClassifieds.com does not control, and is not responsible for, User Content made available through the Service, and that by using the Service, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and User Content available through the Service may contain links to other websites, which are completely independent of CannabisClassifieds.com. CannabisClassifieds.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will CannabisClassifieds.com be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the Service. You acknowledge that CannabisClassifieds.com does not pre-screen or approve User Content, but that CannabisClassifieds.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason. CannabisClassifieds.com and its licensees may publicly display advertisements and other information adjacent to or included with User Content.DMCA Notice. CannabisClassifieds.com will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via our website. CannabisClassifieds.com will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:
By Mail: Copyright Agent
13023 NE Hwy 99
Vancouver WA 98686
CannabisClassifieds.com may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to CannabisClassifieds.com is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from CannabisClassifieds.com for violating the TOS. CannabisClassifieds.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that CannabisClassifieds.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that CannabisClassifieds.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CannabisClassifieds.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
CannabisClassifieds.com, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of CannabisClassifieds.com, immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if CannabisClassifieds.com believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that CannabisClassifieds.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. You may terminate the TOS at any time by closing your account, discontinuing your use of the Service, and providing CannabisClassifieds.com with a notice of termination. In the event of any termination of the TOS, whether by you or us, the remaining portions of these TOS remain in full force and effect, including our right to use Your Content.
You agree not to, and will not assist, encourage, or enable others to use the Service to violate our Rules, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review; violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a business Profile Page and as expressly permitted by CannabisClassifieds.com; Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third-party website; Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law, including, without limitation, posting User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including, without limitation, items the sale of which is prohibited or regulated by Washington law.We may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your Profile Settings. If you have a question regarding using the Service, you may contact CannabisClassifieds.com Customer Support by sending an email to email@example.com. You acknowledge that the provision of customer support is at CannabisClassifieds.com sole discretion and that we have no obligation to provide you with customer support of any kind.
This paragrgh is specific to the use of CannabisClassifieds.com downloadable software application. You may choose to download solely for your personal use the Application onto your mobile or wireless device or platform. You may not use the Application on any mobile device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or part, found on this Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content.
We may automatically check the version of the Application on our mobile device and, if applicable, provide updates for the Application. Updates may include, but are not limited to bug fixes, patches. Enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time. We have the right to disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you. If you are accessing or using the Service through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into the TOS by this reference: To the extent that you are accessing the Service through an Apple Device, you acknowledge that the TOS are entered into between you and CannabisClassifieds.com and, that Apple, Inc. Apple is not a party to the TOS other than as third-party beneficiary as contemplated below. The license granted to you in the TOS to use the Application and the Service is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service. You acknowledge that CannabisClassifieds.com, and not Apple, is responsible for providing the Service and Content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.Notwithstanding anything to the contrary herein, and subject to the terms in the TOS, you acknowledge that, solely as between Apple and CannabisClassifieds.com.
CannabisClassifieds.com is responsible for addressing any claims you may have relating to the app, or your possession and/or use thereof, including, but not limited, to product liability claims and any claim that CannabisClassifieds.com fails to confirm to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. You agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the TOS, and that, upon your acceptance of the terms and conditions of the TOS, Apple will have the right to enforce the TOS against you as a third-party beneficiary thereof. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with CannabisClassifieds.com.
Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity. Any misrepresentation made by you and CannabisClassifieds.com use of the information that you submit to us. You will cooperate as fully required by CannabisClassifieds.com in the defense of any Claim and Losses. Notwithstanding the foregoing, CannabisClassifieds.com retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. CannabisClassifieds.com reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent.
You and CannabisClassifieds.com agree that this section satisfies the writing requirement of the Federal Arbitration Act. Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User Content, these TOS, or any Additional Terms, whether heretofore or hereafter arising or to any of CannabisClassifieds.com' actual or alleged intellectual property rights then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Your notice to us must be sent to: Cannabis Classifieds.com, 13023 NE Hwy 99, Vancouver, WA 98686. For a period of sixty days from the date of receipt of notice from the other party, CannabisClassifieds.com and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or CannabisClassifieds.com to resolve the Dispute or Excluded Dispute on terms with respect to which you and WeedMaps, in each of our sole discretion.Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. Federal and State Courts in Clark County, Washinton. Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Clark County, Washinton. Accordingly, you and CannabisClassifieds.com consent to the exclusive personal jurisdiction and venue of such courts for such matters. The TOS and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Washington.