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.
The Site and/or Apps are copyrighted works belonging to us. Through the Site and/or Apps, we provide a social networking platform for cannabis industry professionals, by providing industry news relevant to business owners and professionals, and facilitation of business relationships and careers in the industry (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.
No medical advice: We do not offer medical advice, nor should any of the content of the Services be considered to be medical advice, the content of the Services is for informational and educational purposes only with no warranty or guarantee as to the accuracy or reliability of the contents of that information. Any content accessed through the Services is not intended to cover all possible uses, directions, precautions, risks or adverse effects. You should not use the Services for diagnosing or treating any medical or other condition and you should consult with a suitably qualified medical provider if you require information or advice related to a medical condition.
Your relationship with other users: We are not responsible for any relationship you may have with any other user, whether such relationship is facilitated through the Services or other wise.
No screening of users: We do not, nor are we obliged to, screen or verify any information related to any user. Specifically we do not conduct any checks as to the user’s identity, qualifications or legal authority to provide any service or operate any business, nor do we verify or conduct any checks as to the accuracy of any of user’s products or other offerings or information another user may make available to you through the Services or other wise.
No endorsement: We do not endorse any product, person, business or organisation.
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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
3.A/1 Creating a User Account
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 User Account up to date and accurate.
3.A/2 Your obligations as a user of the Services
If you have registered a User Account, or if you are otherwise accessing and using the Services, you are a User for the purposes of this Agreement. We will not be liable to any User for any loss or damage arising from failure to comply with the following warranties and representations.
As a User you warrant and represent that you:
3.A/3 Other Users.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. 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 Site or Service user, we are under no obligation to become involved.
3.A/4 Other Users.
You may delete your User Account at any time, for any reason by following the instructions available at webekind.com You expressly acknowledge and understand that we may suspend and/or terminate a User Account at any time and for any reason as described more fully under the termination section of these terms.
3.B. USER CONTENT
3.B/1 YOUR USER CONTENT
For the purposes of this Agreement, User Content means any and all information and content, including photographs and reviews, that a User submits, uploads, creates, shares or otherwise uses when using the Services, and is not limited to content within a User Account profile, or any postings or comments made by the User.
We do not maintain a back up of User Content, and you understand that User 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 User Content and you therefore assume all risks associated with using your User Content, including liability for any reliance on its accuracy, completeness or truthfulness relied upon by any other User or other third party.
You must not expressly state or otherwise imply that your User Content is endorsed, sponsored, affiliated with or otherwise be stated to be supported by us, or any third party.
You warrant that all User Content will not violate the Permitted Use Policy.
3.B/2 GRANTING US A LICENSE TO YOUR USER CONTENT
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, 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 User Content, and to grant sublicenses of the foregoing. 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.
3.B/3 SUGGESTIONS FOR SERVICES IMPROVEMENTS 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.
3.C. USER CONTENT
3.C/1 User Content Restrictions: 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 User 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 (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party, governmental, state or federal body.
3.C/2 User Content Restrictions: You agree not to post reviews within the Services that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the site with an accurate description of your personal experience. Reviews based on second-hand, non-personal experience are not allowed. In addition to the other restrictions contained under 3C 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. If you are an owner, volunteer, or employee of a dispensary you may not post reviews about your dispensary or products or about your competitors’ dispensary or products.
3.C/3 User 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 3C/1 of this Agreement.
3.C/4 User 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.
3.C/5 Our rights to monitor and amend User Content.
We do not monitor User Content, however we reserve the right to monitor and review User Content at any time
3.C/6 Our rights to suspend and terminate User Accounts for breach of section 3C
If we exercise our right under 3C/5 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 User Content, terminating your User 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 3C Permitted Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
3.D. YOUR LICENSE TO USE THE SITE AND/OR APPS (SERVICES)
3.D/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 use 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.
3.D/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.
3.D/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.
3.E. FEES AND CHARGES FOR INDIVIDUAL USERS
3.E/1 FREE ACCOUNTS: It is free to join webekind.com and create a User Account with a profile, however your free account will have limited functionalities and features including limited search functions and profile viewing abilities.
3.E/2 PAID ACCOUNTS: You can upgrade to a paid for account at any time. We offer a range of paid for account options including 3 day trials, monthly and annual subscriptions. Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD YOU SELECT (EG. 1 MONTH), AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE).
3.E/3 AUTO RENEWAL BILLING: We operate an automatic renewal billing policy. This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
3.E/4 PRICE CHANGES: We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
3.E/5 FREE ACCOUNTS FOR MILITARY: Our paid for accounts are available for free to active and veteran US military individuals with a valid military ID number and valid and active“.mil” email address.
3.E/6 BILLING DISPUTES: In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. Please note if you have made payment for our application through Apple’s iTunes service, in accordance with Apple’s developer policies, we shall not issue any refunds if you have purchased our app in this way.
3.F. FEES AND CHARGES FOR BUSINESS USERS
3.F/1 FREE ACCOUNTS: It is free to join webekind.com and create a User Account with a company profile, and it is free to post job openings, however your free account will have limited functionalities and features including limited search functions and profile viewing abilities.
3.F/2 PAID BUSINESS ACCOUNTS: You can upgrade to a paid for account at any time. We offer a range of paid for account options including 30 day, 90 day and annual subscriptions which allow for advanced features including advanced recruiting abilities and resume submission management. Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD YOU SELECT (EG. 1 MONTH), AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE).
3.F/3 FREE BUSINESS PROFILES FOR NON-PROFITS: Our paid for business accounts are available for free to non-profit organisations with a valid and active government tax ID and valid and active “.org” email address. You may be asked to provide further evidence to substantiate your non-profit claim.
3.F/4 The provisions of clauses 3.E/3, 3.E/4 and 3.E/6 also apply to all business users.
You acknowledge and agree that the availability of any App is dependent on the third party app platform from which you installed the App, e.g., the Apple App Store (“App Platform”). You acknowledge that this Agreement is between you and us, and not with the App Platform. We, not the App Platform, are solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Platform in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, refund policies 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.
5/1 GENERAL: Excluding your User 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.
5/2 COPYRIGHT POLICY We respect the intellectual property of others and as a User 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 Users 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:
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:
1906 El Camino Real, Suite 201
Menlo Park, CA 94027
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) 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.
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
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 Third Party Properties. 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.”
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 GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
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 (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 and right to access and use the Services will terminate immediately. You understand that any termination of your User Account involves deletion of your User Content 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 deletion of your User Content. Following termination of this Agreement for whatever reason, the following provisions of this Agreement will remain in effect: Sections 2, 3, 5, 6, 8 , 9 and 11.
11/1 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.
11/2 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between you and us arising out of, relating to or in connection with the Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND US AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if we make any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to us. Information on AAA and how to start arbitration can be found at www.adr.org. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in California. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of California without regard to conflict of law provisions.
11/3 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.
11/4 Contacting us:
1906 El Camino Real, Suite 201
Menlo Park, CA 94027