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Terms and Conditions
The following terms and conditions apply to your use of the website found at www.potsave.com (referred to as the "Site"), an original creation owned by PotSave, LLC. (referred to as "PotSave," "Us," "Our," and/or "We"), in conjunction with its affiliated entities, subsidiaries, parent company, and other associated firms. Through the PotSave.com platform, PotSave offers in-person product assessment and ordering services, accessible via the website, mobile applications, and software. These resources encompass content concerning various strains of cannabis and related products, inclusive of reviews and ratings contributed by users, catalogs of cannabis dispensaries and medical practitioners, and articles discussing cannabis-related news and topics (collectively termed the "Services," alongside all other offerings provided by PotSave). Additional directives, terms, or regulations could pertain to specific attributes of the Site or Services and will be made available on the Site or Services related to said attributes. All such extra terms, directives, and regulations are incorporated by reference into this Accord. Any references made to "user," "you," and "your" designate your status as a user of our Site and/or Services.
THESE CONDITIONS OF USAGE (referred to as the "Agreement") detail the legally binding conditions for your engagement with the Site and Services. Upon entry or utilization of the Site or Services, you are agreeing to the stipulations set forth in this Agreement and confirming that you possess the rightful capacity, authorization, and ability to undertake this Agreement. The Site or Services shall not be accessible or usable by you, nor shall this Agreement be accepted, in the event that you lack the requisite capacity to enter into this Agreement. If you find yourself in disagreement with any of the provisions outlined in this Agreement, kindly refrain from accessing and/or employing the Site or Services. In cases where the Site or Services are utilized on behalf of a corporation, entity, or organization, you confirm and warrant that you hold the position of an authorized representative for such corporation, entity, or organization and are duly empowered to establish this Agreement on its behalf.
Your thorough perusal of these terms is advised, given their inclusion of an arbitration agreement and other crucial details pertaining to your legal entitlements, remedies, and responsibilities. The arbitration agreement necessitates (with limited exemptions) that you subject any claims directed toward us to conclusive, binding arbitration. Furthermore, it stipulates that (1) you are solely authorized to institute claims against the company as an individual entity, and not in the capacity of a plaintiff or participant in any class-action or collective legal proceeding, and (2) you possess the privilege to solely pursue relief (including, but not restricted to, financial, injunctive, and declaratory relief) in an individual capacity.
1. VITAL NOTICES.
All material found on the Site and Services serves solely for informative purposes. Any content published by PotSave on websites, kiosks, mobile apps, social media platforms, third-party content providers, or advertisements is strictly intended for informational purposes. PotSave does not endorse, and holds no responsibility for the accuracy or reliability of, any opinion, advice, statement, or other information presented on the Site or Services, including User Content and Third-Party Materials (as defined below). PotSave does not assume responsibility for your interactions with dispensaries, retail establishments, healthcare providers, third parties, or other users of the Site or Services. The obligation to assess dispensaries, retail locations, healthcare providers, or their offerings, content, or promotions to determine their legal qualifications or authorizations to provide services, as well as the accuracy of their offerings or other details they provide, does not fall upon PotSave.
THE AFOREMENTIONED DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT CONSTRAIN THE MORE COMPREHENSIVE DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE WITHIN THIS AGREEMENT.
2. QUALIFICATION AND ACCOUNTS.
2.1 Meeting Requirements. To engage with the Site and/or Services within the United States, you must either be 21 years of age or a duly authorized medical marijuana patient.
2.2 Establishing an Account. To access specific features of the Site (e.g., utilizing the Services), you are obliged to create a PotSave Account by registering with PotSave. During the registration process, you will provide requested information about yourself. By doing so, you assert and assure that: (a) the registration details furnished are accurate and truthful; and (b) you will uphold the accuracy of this information consistently. It is prohibited to establish more than one PotSave Account. PotSave retains the right to suspend or terminate your PotSave Account as outlined in Sections 6.4 and 11.
2.3 Account Deactivation You retain the prerogative to terminate your PotSave Account at your discretion, for any reason, by sending an email to support@PotSave.com. The email should include your PotSave Account Username and the request to deactivate your account
2.4 Account Duties. Safeguarding the confidentiality of your PotSave Account login credentials falls within your purview, and you are fully accountable for any activities transpiring under your PotSave Account. In the event of any unauthorized use or suspected unauthorized use of your PotSave Account or any breach of security, you are obligated to promptly notify PotSave. PotSave cannot and shall not be held accountable for any losses or damages stemming from your failure to adhere to the aforementioned requisites.
2.5 Engagement with Social Networking Services. As an alternative, you may have the option to log in to the Site or Service using your login credentials from specific social networking sites (e.g., Facebook and Twitter) ("SNS"), effectively connecting your PotSave Account. If you opt to connect your PotSave Account with your SNS credentials, certain information about you may be conveyed to us from the SNS, according to the stipulations (e.g., terms of use and privacy policy) of the SNS ("SNS Terms"). Should you opt to share your information with these SNS, we shall share information with them in line with your election. The SNS Terms applicable to the respective SNS will regulate the information we share with them.
3. SITE AND MOBILE APPLICATION
3.1 Authorization Subject to the provisions of this Agreement, PotSave extends to you a non-transferable, non-exclusive authorization to use the Site and Services for your personal, non-commercial utilization. Subject to the terms of this Agreement, PotSave grants you a non-transferable, non-exclusive license to install and employ the software designed by PotSave for mobile devices ("Mobile App"), solely in the format of executable object code, exclusively on your personal handheld mobile device and for your individual, non-commercial usage. In the context of this Agreement, the term "Services" also encompasses the Mobile App
3.2 Specified Limitations. The rights conferred upon you within this Agreement are bound by the ensuing limitations: (a) you shall not sell, license, rent, distribute, assign, lease, host, transfer, or otherwise exploit the Site or Services for commercial purposes; (b) no portion of the Site or Services shall be modified, deconstructed, reverse engineered, or transformed into derivative works; (c) you shall not access the Site or Services to develop a comparable or competing service; and (d) unless expressly stipulated herein, no segment of the Site or Services may be duplicated, distributed, posted, republished, downloaded, displayed, transmitted, or shared in any format or by any means. Any future updates, enhancements, or augmentations to the Site or Services shall be subject to the stipulations of this Agreement. All copyright and proprietary notifications pertaining to the content within any Site or Services must remain intact on all copies thereof.
3.3 Adjustments. PotSave reserves the prerogative to amend, suspend, or terminate the Site or Services, or any section thereof, at any juncture, with or without prior notification. You hereby acknowledge that PotSave shall not be held liable to you or any third party for any modifications, suspensions, or discontinuations of the Site or Services, or any constituent part.
3.4 Proprietorship. With the exception of User Content, you recognize that all intellectual property rights associated with the Site and Services are owned by PotSave or its licensors. The provision of the Site and Services does not engender any rights, title, or interest in or to such intellectual property rights to you or any third party. All rights not explicitly conferred within this Agreement are retained by PotSave and its suppliers.
4. CORRESPONDENCE
4.1 Text Messaging. Upon using the Services or Software, you hereby consent to PotSave and its representatives sending you text (SMS) messages to the phone number you have provided. These messages may encompass operational communications regarding your usage of the Services, as well as promotional or marketing messages. These messages could originate from PotSave, its affiliated entities, and necessary third-party service providers. They might include, though not limited to: communications pertinent to the operation of your User account or utilization of the Services, notifications concerning new and existing features on PotSave, communications related to promotions organized by us or our third-party collaborators, and updates regarding PotSave and industry developments. Standard text messaging fees, as established by your cellular service provider, shall be applicable to text messages transmitted by us. Your consent to receive promotional text messages is not contingent upon the purchase of any goods or services proffered by PotSave. Should you alter or deactivate your phone number as initially provided to PotSave, you are required to update your account information in order to prevent inadvertent correspondence with any individual who subsequently obtains your former number. You hereby relinquish your right to pursue any claims arising under the Telephone Consumer Protection Act ("TCPA") with respect to texts, calls, or prerecorded messages originating from automatic telephone dialing systems. If such a claim under the TCPA is deemed un-waivable, you acknowledge that your use of the Services or access to the Site entails agreement that any un-waivable TCPA-related claim will be resolved through individual arbitration, excluding class or representative proceedings, as outlined in Paragraph 13.
4.2 Opting Out. By affixing your signature to this agreement, you signify your assent to receive text messages until such time as you opt-out. At your discretion, you may opt out of receiving promotional text messages from PotSave at any juncture by responding with the word "STOP"to a promotional text message from PotSave. You also retain the option to cease all text message receipt from PotSave by either deleting your account or responding with "STOP" to any text message originating from PotSave. It is noteworthy that opting out of all text messages from PotSave may restrict your access to certain Services unless you agree to receive operational text messages. While PotSave processes your opt-out request, you may continue to receive text messages for a brief period. Furthermore, you may receive messages confirming receipt of your opt-out request. Your signature on this agreement signifies your relinquishment of any rights pertaining to TCPA-related claims regarding messages sent to you during the pendency of your opt-out request. If any TCPA-related claim is deemed un-waivable, you concur that your use of the Services or interaction with the Site constitutes acceptance that any such un-waivable TCPA-related claim will be resolved through individual arbitration, excluding class or representative proceedings, as outlined in Paragraph 13.
4.3 Reinstating Consent. You hold the authority to reestablish your consent to receive text messages from PotSave at any time by responding with the word "START" to a text message from PotSave.
4.4 Push Notifications. Upon installing our Mobile App on your mobile device, you assent to receive push notifications, which denote messages an app sends to your mobile device even when the Mobile App is not in use. You may disable notifications by accessing the "settings" page on your mobile device.
4.5 Email. You hereby acknowledge that we may forward emails to you concerning our products and services, as well as those provided by third parties. You reserve the right to opt out of promotional emails by following the instructions to unsubscribe provided in a promotional email.
5. USER-GENERATED CONTENT
5.1 User-Generated Content. The term "User-Generated Content" encompasses any and all information and content submitted by a user to, or employed with, the Site or Services. This includes, but is not restricted to, content within the user's profile and user reviews or postings. You concede and acknowledge that PotSave holds no responsibility for any User-Generated Content, including its accuracy, completeness, timeliness, legality, validity, compliance with copyright regulations, decency, quality, or any other aspect. PotSave shall not assume liability or responsibility, whether to you or any other individual or user, for your utilization or misappropriation of any User-Generated Content.
5.2 User-Generated Content – Restrictions Your agreement not to employ the Site, Services, or any of PotSave's social media platforms or channels for the gathering, uploading, transmission, display, or dissemination of any User-Generated Content that: (a) infringes upon any third-party rights, encompassing but not restricted to copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contravenes the law, is harassing, abusive, tortious, threatening, harmful, invasive of privacy, vulgar, defamatory, false, intentionally deceptive, trade libelous, pornographic, obscene, egregiously offensive (e.g., content promoting racism, bigotry, hatred, or physical harm against any individual or group), or constitutes objectionable material in any manner or form; or (c) breaches any law, regulation, or obligations or constraints imposed by a third party
5.3 User-Generated Content – Your Liabilities. Sole responsibility for your User-Generated Content rests with you. You assume all risks associated with employing your User-Generated Content, including reliance on its accuracy, completeness, usefulness by others, or any exposure of your User-Generated Content that renders you or any third party personally identifiable. By affixing your signature to this agreement, you hereby affirm and warrant that your User-Generated Content adheres to the Acceptable Use Policy (as delineated below). You are prohibited from asserting or implying that your User-Generated Content is endorsed, sponsored, or provided by PotSave in any manner. You acknowledge and agree that PotSave shall not be held accountable for any User-Generated Content, including its accuracy, completeness, timeliness, legality, decency, quality, or any other aspect. PotSave shall not assume liability or responsibility, whether to you or any other individual or user, for your utilization or misappropriation of any User-Generated Content. As the exclusive overseer of your User-Generated Content (and not PotSave), you could expose yourself to legal repercussions should your User-Generated Content contravene the Acceptable Use Policy or other applicable laws. PotSave is under no obligation to retain backups of any User-Generated Content, and User-Generated Content could be deleted at any point. If desired, you are solely responsible for generating backup copies of your User-Generated Content.
5.4 Licensing. You hereby bestow upon PotSave an irreversible, non-exclusive, royalty-free, and fully paid global license to reproduce, distribute, publicly display and perform, produce derivative works from, incorporate into other works, and otherwise employ your User-Generated Content. This license extends solely for the purpose of including your User-Generated Content within the Site and Services. You confirm that you possess the requisite rights to grant this license to PotSave, and you hereby disclaim any claims or demands for moral rights or attribution in connection with your User-Generated Content.
5.5 Feedback. In the event you provide PotSave with any feedback or recommendations regarding the Site or Services ("Feedback"), you thereby assign all rights pertaining to the Feedback to PotSave and grant PotSave the prerogative to employ such Feedback and correlated information in a manner deemed suitable. PotSave will treat any Feedback you offer to PotSave as non-confidential and not subject to proprietary rights. By appending your signature to this agreement, you affirm that you shall not submit any confidential or proprietary information or concepts to PotSave.
6. ACCEPTABLE USE POLICY
The "Acceptable Use Policy" of PotSave is detailed as follows:
6.1 Reviews. Leaving a review on PotSave necessitates a valid account and email address. Before publishing a review, email address verification linked to your PotSave account is required. You commit to refrain from posting reviews on the Site, Services, or any of PotSave's social media pages or channels that are not grounded in your personal experience or intended for any purpose other than providing fellow users on the Site with an accurate portrayal of your personal encounter. Reviews based on secondhand or non-personal experience are prohibited. Furthermore, reviews posted on the Site, Services, or any of PotSave's social media pages or channels must not: (a) be written entirely in capital letters; (b) involve plagiarism; (c) contain spam, advertisements, or links to external websites; (d) feature defamatory content regarding Dispensary employees or any other individuals; (e) include explicit or excessively detailed descriptions of an individual's physical appearance, or engage in lewd personal attacks against a specific individual or group affiliated with the Dispensary; (f) reference Dispensaries or competitors other than the product or Dispensary being reviewed; or (g) encompass unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary, you are prohibited from posting reviews about your own Dispensary or products, as well as reviews about your competitors' Dispensaries or products. Dispensary owners are responsible for moderating and enforcing the Acceptable Use Policy for all reviews posted on their Dispensary page.
6.2 Photos. Image files must solely focus on the products they depict and should not include body parts, cluttered backgrounds, product packaging, currency, paraphernalia, brand names, or any objects other than the featured product. Images must be clear and devoid of blurriness, fuzziness, or flash reflections. Products should be centered in the image. Images must provide an accurate representation of the product in question. Images cannot contain pornography or other graphic content and must adhere to the guidelines stipulated in this Section 6.
6.3 Technological Restrictions. Additionally, you pledge not to employ the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or software designed to harm or modify a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any form of unsolicited messages, whether commercial or otherwise; (c) gather, accumulate, or assemble information or data about other users, including email addresses, without their consent; (d) disrupt, interfere with, or create an undue load on servers or networks linked to the Site or Services, or breach the regulations, policies, or procedures of such networks; (e) attempt to impersonate another user, PotSave, or gain unauthorized access to the Site or Services, other computer systems, or networks associated with the Site or Services, through methods like password mining; (f) engage in harassment or disruption of another user's use and enjoyment of the Site or Services; or (g) introduce software, automated agents, or scripts to the Site or Services with the aim of generating multiple accounts, automated searches, requests, and queries, or extracting, scraping, or mining data from the Site or Services
6.4 Monitoring, Suspension, and Termination. We retain the right (without obligation) to examine any User Content (including image files and reviews), investigate, and/or take suitable action at our sole discretion (including modifying or removing your User Content, terminating your PotSave Account per Section 11, and/or reporting you to law enforcement) if we have reasonable grounds to suspect you have breached the Acceptable Use Policy or any other provision of this Agreement, or otherwise generated liability for us or any other party.
7. INDEMNITY
You agree to indemnify and safeguard PotSave (and its officers, employees, and agents) from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and/or expenses (including reasonable attorney fees) stemming from or related to any claim or demand made by a third party due to or arising from (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement, or (iv) your violation of pertinent laws or regulations. PotSave reserves the right, at your expense, to assume sole control and defense of any matter for which you are obligated to indemnify us, and you agree to cooperate with our defense of such claims. You pledge not to settle any matter without prior written consent from PotSave. Reasonable efforts will be made by PotSave to notify you of any such claim, action, or proceeding upon becoming aware of it.
8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE
8.1 Third-Party Interactions While using the Site or Service, you may engage in correspondence with, procure goods and/or services from, or partake in promotions offered by third-party service providers, advertisers, or sponsors who present their goods and/or services through the Service. It is emphasized that PotSave is not a party to any transaction that you may engage in with a third party. Such activities and any accompanying terms, conditions, warranties, or representations are exclusively between you and the relevant third party. PotSave assumes no liability, obligation, or responsibility for such correspondence, purchase, transaction, or promotion between you and any third party. You acknowledge that it is your responsibility to exercise reasonable precautions in all dealings and interactions with any third party you interact with through the Service.
8.2 Third-Party Materials. The Site or Services may showcase, incorporate, or provide access to 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 (referred to as "Third-Party Materials"). You recognize and accept that PotSave bears no responsibility for Third-Party Materials, including their accuracy, completeness, timeliness, validity, compliance with copyright regulations, legality, decency, quality, or any other aspect. PotSave disclaims any and all liability or responsibility to you or any other individual or user for any Third-Party Materials. Third-Party Materials and links to them are presented solely for your convenience, and you access and use them entirely at your own risk. Upon linking to Third-Party Materials, the applicable third party's terms and policies, including privacy and data collection practices, come into effect. It is advisable to conduct due diligence before engaging in any transaction related to such Third-Party Materials.
8.3 Deals. The Site or Services may feature, include, or provide access to coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively referred to as "Deals"). Deals are considered "Third-Party Materials"as per this Agreement. PotSave displays these Deals on the Site and Services solely for advertising purposes on behalf of the listed dispensary (the "Offeror"). All Deals are provided directly by the relevant Offeror and may be subject to additional terms, conditions, or restrictions imposed by the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are explicitly stated on the Site or Services. The Offeror, and not PotSave, is solely accountable for: (a) redeeming the Deal; (b) compliance with all aspects of the Deal in line with applicable law (including advertising, redemption, and related terms, conditions, and restrictions); (c) all goods and services provided to you in connection with the Deal; and (d) any injuries, illnesses, damages, claims, liabilities, and costs that you may suffer, directly or indirectly, in whole or in part, whether related to the use or redemption of a Deal or not.
8.4 Other Users Every user of the Site or Services bears full responsibility for their User Content and Third-Party Materials. As we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not accountable for any User Content and/or Third-Party Materials. We do not guarantee 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. Interactions with other Site or Service users (including Dispensaries) are solely between you and the respective user. You acknowledge that PotSave will not be liable for any loss or damage resulting from such interactions. Should a dispute arise between you and any Site or Service user, we are not obligated to intervene.
8.5 Release. In consideration of your use of the Site and Services, you hereby release and forever discharge PotSave (including our officers, employees, agents, successors, and assigns) from, and waive and relinquish any rights related to, all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature (including claims involving privacy, receipt of text messages, personal injuries, death, and property damage), whether known or unknown, directly or indirectly arising from or related to any interactions with, or actions or omissions 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you are not a California resident, you agree that the aforementioned release applies to all claims, including those of which you were unaware at the time of signing this Agreement.
9. DISCLAIMERS:
10. LIMITATION ON LIABILITY:
11. TERM AND TERMINATION:
12. COPYRIGHT POLICY:
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER:
14. GENERAL:
Please note that this is a summarized overview of the remaining sections. If you need further details or have specific questions about any part of the Terms of Use, feel free to ask!:
PotSave Contact Information:
PotSave
[street address]
Sacramento, CA [zip code]
Email: support@PotSave.com
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