Terms and Conditions
Last Updated: January 8, 2017
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and House Of Medz, and its subsidiaries and affiliates (the “Company”). In order to use the Service) and the associated App you must agree to the Terms and Conditions (“Terms”) that are set out below. By accessing, downloading any services supplied to you by the Company (the “Service”), through thewww.houseofmedz.comwebsite (the “Site”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time.
1. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Company Content” means Content that Company makes available through the Service or App, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or App.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or App.
“Collective Content” means, collectively, Company Content and User Content.
2. FEDERAL LAW
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. Client further acknowledges that medical uses are not recognized as a valid defense under federal laws regarding marijuana. Client also acknowledges that the interstate transportation of marijuana is a federal offense.
The Company grants a license to you, to use the Site/App upon the condition that you accept the Terms contained in this Agreement. By signing up with or by using theSite/App, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, the Company shall not license theSite/App to you.
TheSite/App, provides the communication structure to enable a connection between Users and third party Dispensaries who provide medical cannabis or cooperative membership opportunities and members-only delivery services for medical marijuana.
These terms and conditions outline the rules and regulations for the use of the website.
4. GENERAL TERMS
By using the App or Service, you represent and warrant that you are at least 18 years old. By using the App or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or App is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the App or Service you agree to comply with all applicable laws from your home nation, country, state and city in which you are present while using the App or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct App for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the App for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or App with an incompatible or unauthorized device.
By using the App or the Service, you agree that:
User expressly acknowledges thatthe Siteis for residents 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.
ACKNOWLEDGMENT OF THE LAWS OF USERS STATE OF RESIDENCY.
The Company has its principal place of business in the state of Michigan. the Service is currently available in all the states that medical and recreational marijuana is allowed in.
In all events, you must abide by and follow the laws of the state in which you are a resident. User expressly acknowledges and assumes full responsibility for cooperating with the laws of the state of user’s residency.
THE COMPANY IS NOT A MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE (“DISPENSARY”) AND DOES NOT ITSELF PROVIDE MEDICAL CANNABIS DELIVERY SERVICES TO MEDICAL CANNABIS PATIENTS. THE COMPANY DOES NOT PROVIDE OR SELL MEDICAL CANNABIS AND IS NOT A MEDICAL CANNABIS DELIVERY SERVICE PROVIDER. IT IS THE SOLE RESPONSIBILITY OF THE THIRD-PARTY DISPENSARY TO OFFER STATE LAW COMPLIANT SERVICES, WHICH MAY BE LOCATED, SCHEDULED, AND COORDINATED THROUGH USE OF THE APP OR SERVICE.THE SITEOFFERS PRE-VERIFICATION OF USERS AND PROVIDES USERS’ INFORMATION TO DISPENSARIES, AND A METHOD TO CONTACT A DISPENSARY TO OBTAIN DELIVERY SERVICES FROM THE DISPENSARY. THE COMPANY DOES NOT AND DOES NOT INTEND TO PROVIDE DELIVERY SERVICES OR ACT IN ANY WAY AS A DELIVERY SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DELIVERY SERVICES PROVIDED TO YOU BY THIRD PARTY DISPENSARIES
6. REPRESENTATIONS AND WARRANTIES
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your State; c) attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site/App. By using the App or Service, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age or other restrictions, you must abide by such age limits or other restrictions and you must not use the App and Service. Without limiting the foregoing, the Service and App is not available to children (persons under the age of 18).
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Site/App, on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any Site/App, accessed through or downloaded from the Apple App Store, Android Market, Amazon App Store, BlackBerry App World, Samsung Apps Store, Nokia OVI store, and Windows marketplace for Mobile (“App Store Sourced App”), you will use the App Store Sourced App as permitted by the “Usage Rules” set forth in the App Store Sourced App Terms of Service. Company reserves all rights in and to the Site/App, not expressly granted to you under this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, App or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or App. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or App or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that the Company may verify your medical recommendation and may share your identification, your medical recommendation and the results of the medical recommendation verification with any Dispensary with that you join or transact with through the Company.
By becoming a User, you expressly consent and agree to accept and receive communications from us and/or Dispensaries that you transact with, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of theSite/App, or Services, updates concerning new and existing features of theSite/App, communications concerning promotions run by us or third party Dispensaries, and news concerning the Company and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using theSite/App, or the Service. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of theSite/App, or the Service.
9. FEE AND REFUND POLICY
Any fees that the Company may charge you for the Site/App, or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Site/App, or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing – Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Any such promotions shall be made subject to its particular terms, and unless expressly provided otherwise shall expire ninety (90) days following the date of the promotion offer. The Company may change the fees for our Service or Site/App, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service or Site/App.
10.INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the App and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the App or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the App and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
11.THIRD PARTY INTERACTIONS
During use of the App and 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 App or Service. In particular, Company is not a party to any transaction that a User may enter into with a Dispensary or third party payment processor. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or App, and in no event, shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the App and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third party advertising and marketing supplied through the App or Service and other mechanisms to subsidize the App or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the App or Service on an anonymous basis as part of a customer profile or similar report or analysis. 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.
12.LIMITATION OF LIABILITY
IN NO EVENT, SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APP , INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APP , ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APP , EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY DELIVERY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING DELIVERY SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY DELIVERY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY DELIVERY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY DELIVERY SERVICE PROVIDERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH THE COMPANY MAY OFFER DELIVERY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APP OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APP OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF STERLING HIGHTS, MICHIGAN(OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE DELIVERY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APP IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APP AND THE SERVICE, YOU MAY BE EXPOSED TO A DELIVERY SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APP AND THE SERVICE AT YOUR OWN RISK.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced App, you represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or App (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the county of Macomb, In the state of Michigan. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service or App. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
This User Agreement constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company.