ACCEPTANCE OF TERMS
Hello! And welcome to our WheresWeedo.com site (hereinafter referred to as Where’s Weedo)! These Terms of Service (“TOS”) govern your use of this website; by using this website, you accept these TOS in full. If you disagree with these TOS or any part of these TOS, you must not use this website and must immediately discontinue the use of Where’s Weedo. The subsequent terminology applies to these TOS, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing Where’s Weedo and accepting the Company’s TOS. “The Company”, “Ourselves”, “We” and “Us” refers to our Company (Where’s Weedo, LLC). “Party”, “Parties” or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
Where’s Weedo offers an assortment of online resources including forums, classified ads, news, and email services, (referred to hereafter as “the Service”) and are subject to the following TOS. By using the Service in any manner, you are agreeing to comply with the TOS. In addition, when using certain Where’s Weedo services, you agree to abide by any applicable posted guidelines for all Where’s Weedo services, which may change from time to time without notice. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these TOS at any time. Such modifications shall become effective immediately upon the posting thereof. Feel free to review this agreement on a regular basis to keep yourself aware of any changes.
Your acceptance of these TOS is an express condition of, and governs your access to and use of, Where’s Weedo’s (a) websites, portals, mobile applications, channels, and software, including Where’s Weedo, and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). If you do not accept and agree to these TOS, you may not access or use any of the Websites or Services or create an account or user profile.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You agree that Where’s Weedo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
USING THE SERVICE; USER ACCOUNTS
The Websites and Services are available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law, or be a qualified medical marijuana patient to use the Site and/or Services within the United States.
In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process with Where’s Weedo (“Where’s Weedo Account”) and provide certain information about yourself as prompted by the Site 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 Where’s Weedo Account.
You may delete your Where’s Weedo Account at any time, for any reason, by sending an email to firstname.lastname@example.org which includes your Where’s Weedo Account Username and your request to delete your account.
You are responsible for maintaining the confidentiality of your Where’s Weedo Account login information and are fully responsible for all activities that occur under your Where’s Weedo Account. You agree to immediately notify Where’s Weedo of any unauthorized use, or suspected unauthorized use, of your Where’s Weedo Account or any other breach of security. Where’s Weedo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Our Service account may permit you to create a profile for an individual or business (each a “Profile Page”), which may not include any form of prohibited User Content, as outlined in Section 5(F). Without limiting the foregoing, Profile Pages may not include User Content that you are attempting to sell through the Service, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile material.
Profile Pages may only be set up by an authorized representative of the individual that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.
SITE AND MOBILE APP
Subject to the terms of this Agreement, Where’s Weedo grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. Subject to the terms of this Agreement, Where’s Weedo grants you a non-transferable, non-exclusive license to install and use the software Where’s Weedo makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
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 Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or 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 Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
Where’s Weedo reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Where’s Weedo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Where’s Weedo or Where’s Weedo’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Where’s Weedo and its suppliers reserve all rights not granted in this Agreement.
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 (“App Platform”). You acknowledge that this Agreement is between you and Where’s Weedo and not with the App Platform. Where’s Weedo, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, 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 this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® in Section 14.5 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
By using the Services or Software, you agree that Where’s Weedo and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Where’s Weedo, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on Where’s Weedo, communications concerning promotions run by us or our third-party partners, and news concerning Where’s Weedo and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Where’s Weedo. If you change or deactivate the phone number you provided to Where’s Weedo, 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.
You may opt out of receiving promotional text messages from Where’s Weedo at any time by replying STOP to a promotional text message from Where’s Weedo. You may opt-out of receiving all text messages from Where’s Weedo at any time by deleting your account or by replying STOP to any text message from Where’s Weedo. NOTE: if you opt-out of receiving all text messages from Where’s Weedo, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while the Where’s Weedo processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
You may opt back into receiving text messages from Where’s Weedo at any time by replying START to a text message from Where’s Weedo.
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.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Where’s Weedo is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Where’s Weedo 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.
You agree not to use the Site, Services, or any of Where’s Weedo’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.
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 Where’s Weedo. You acknowledge and agree that Where’s Weedo is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Where’s Weedo 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 Where’s Weedo), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Where’s Weedo 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.
You hereby grant, and you represent and warrant that you have the right to grant, to Where’s Weedo 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 Site and 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.
If you provide Where’s Weedo any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Where’s Weedo all rights in the Feedback and agree that Where’s Weedo shall have the right to use such Feedback and related information in any manner it deems appropriate. Where’s Weedo will treat any Feedback you provide to Where’s Weedo as non-confidential and non-proprietary. You agree that you will not submit to Where’s Weedo any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.wheresweedo.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.wheresweedo.com’s express written consent.
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.wheresweedo.com.
If there is a dispute between users of the Websites or Services, including between Customers and Retailers (each, a “Dispute”), you understand and agree that Where’s Weedo and its affiliates (including the Websites and the Services, including WW Orders) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Where’s Weedo (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) 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 Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), 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.”
THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE
During use of the Site or Service, 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, Where’s Weedo 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 Where’s Weedo 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.
The Site or 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 (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that Where’s Weedo is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Where’s Weedo 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.
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. Where’s Weedo displays these Deals on the Site and 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 Site or Services. The Offeror, and not Where’s Weedo, 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.
Each user of the Site or 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 Site or Service users (including Dispensaries) are solely between you and such user. You agree that Where’s Weedo 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 Site or Service user, we are under no obligation to become involved.
You hereby release and forever discharge Where’s Weedo (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 Site or Service 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.”
LIMITATION ON LIABILITY
WHERE’S WEEDO IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND NETWORK, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF WHERE’S WEEDO’ CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT WHERE’S WEEDO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WHERE’S WEEDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS, OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5) THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITES, ANY WHERE’S WEEDO AFFILIATED OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER WHERE’S WEEDO OWNED OR OPERATED ENTITY. FURTHER, WHERE’S WEEDO IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND WHERE’S WEEDO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE WEBSITES OR SERVICES.
SOME STATES, COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TERM AND TERMINATION
You agree that Where’s Weedo in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Where’s Weedo believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Where’s Weedo 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 Where’s Weedo 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.
The Service contains a variety of: (i) materials and other items relating to Where’s Weedo and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyright-able material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Where’s Weedo (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
The Service (including past, present, and future versions) and the Content are owned or controlled by Where’s Weedo and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Where’s Weedo or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Where’s Weedo owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
In using the Service, you must respect the intellectual property and other rights of Where’s Weedo and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Where’s Weedo respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 6 below.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
Certain portions of this Section 18 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Where’s Weedo agree that we intend that this Section 18 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 18 can only be amended by mutual agreement.
First – 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 (collectively, “Dispute”), or to any of Where’s Weedo’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 18(D)), 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. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 18(A). Your notice to us must be sent to: Where’s Weedo. For a period of sixty (60) days from the date of receipt of notice from the other party, Where’s Weedo 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 Where’s Weedo to resolve the Dispute or Excluded Dispute on terms with respect to which you and Where’s Weedo, in each of our sole discretion, are not comfortable.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 18(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 18(A); (b) filing for arbitration with the AAA as set forth in Section 18(B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
The foregoing provisions of this Section 18 will not apply to any legal action taken by Where’s Weedo to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Content and/or Where’s Weedo’ intellectual property rights (including such Where’s Weedo may claim that may be in dispute), Where’s Weedo’ operations, and/or Where’s Weedo’ products or services.
YOU AND WHERESWEEDO.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. 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. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 18(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 18(F). Notwithstanding any other provision of this Section 18, any and all issues relating to the scope, interpretation and enforce-ability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
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 Johnson County, Wyoming. Accordingly, you and Where’s Weedo consent to the exclusive personal jurisdiction and venue of such courts for such matters.
The TOS constitute the entire agreement between you and Where’s Weedo and govern your use of the Service, superseding any prior agreements between you and Where’s Weedo.
Where’s Weedo reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of the TOS and any Additional Terms, (iii) investigate any information obtained by Where’s Weedo in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of the TOS and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Where’s Weedo under the TOS or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Where’s Weedo all rights granted to you under the TOS or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of the TOS and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Where’s Weedo in the TOS, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
The failure of Where’s Weedo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the TOS by email, regular mail or communications through the Service.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The TOS contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the TOS.
Any failure on Where’s Weedo, LLC’ part to exercise or enforce any right or provision of the TOS does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the TOS is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable.
The TOS, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Where’s Weedo, LLC’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate the TOS and be void.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If any provision of the TOS is deemed unlawful, invalid, or unenforceable, by a judicial court for any reason, then that provision shall be deemed severed from the TOS, and the remainder of the terms shall continue in full force and effect.