Terms of Service
Use of and access to the Site and/or Services is void where prohibited by law. By using the Site and/or Services, you represent and warrant that (a) any and all information you submit is truthful and accurate; (b) you are 21 years of age or older, and (c) your use of the Site and/or Services does not violate any applicable law or regulation or any obligation.
- Important Disclaimers. COMPANY IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER OR SELLER, DISPENSARY, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. COMPANY IS NOT PROVIDING ANY MEDICAL ADVICE, AND NONE SHOULD BE INFERRED, FROM ANY IDEAS, SUGGESTIONS, TESTIMONIALS OR OTHER INFORMATION SET FORTH ON THE SITE AND SERVICES OR IN OTHER COMPANY MATERIALS PROVIDED ON THE SITE, OVER THE PHONE OR IN EMAIL CORRESPONDENCE OR IN THE COMPANY’S MARKETING MATERIALS OR ON ITS SOCIAL MEDIA PAGES. THE COMPANY MAKES NO REPRESENTATIONS THAT THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE AND SERVICES OR ANY THIRD PARTY WILL BE AVAILABLE OR APPROPRIATE IN EVERY JURISDICTION IN WHICH THE SITE AND SERVICES MAY BE ACCESSED. TO THE BEST OF THE COMPANY’S KNOWLEDGE, IT OPERATES LEGALLY; HOWEVER, IT IS IMPOSSIBLE FOR THE COMPANY TO BE AWARE OF THE LAWS AND REGULATIONS OF ALL LOCAL JURISDICTIONS (E.G. MUNICIPALITIES, COUNTIES ETC.). THE COMPANY IS NOT RESPONSIBLE FOR ANY POTENTIAL LEGAL MATTERS THAT MAY ARISE DUE TO SUCH LOCAL REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS GOVERNING OBTAINING AND USING YOUR MEDICAL CARD. IT IS YOUR RESPONSIBILITY AS THE USER, NOT THE COMPANY’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LAWS REGARDING THE POSSESSION AND USE OF THE MEDICAL CARD. FOR THE AVOIDANCE OF DOUBT, THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTION 8 OR ELSEWHERE IN THESE TERMS.
- Proprietary Rights. Any and all trademarks, service marks, product names, and trade names of the Company appearing on or through the Site and the Services and all content included in or made available through the Site and the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are exclusively owned by the Company or its affiliates. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Site and the Services without the owner’s prior written consent. The Company retains sole and exclusive ownership of all rights, title and interests in the Site and the Services and all intellectual property rights relating thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. Neither the Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law.
- Third-Party Interactions and Materials. Company 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 Company 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.
- Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) Your Details, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Disclaimer. THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE 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 RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
- Term and Termination. Subject to this Section 10, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms.
- General. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or 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. 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. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Company of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Company. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees. Any claim relating to the Site or the Services or these Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.