TERMS AND CONDITIONS OF USE
The website located at https://www.janeandmary.com/ (the “Site”) is a copyrighted work belonging to JANEANDMARY ENTERPRISES, LLC (“JANEANDMARY ENTERPRISES, LLC,” “us,”, “our,” and/or “we”), and its affiliates, subsidiaries, parent company, and other related companies.
JANEANDMARY ENTERPRISES, LLC provides websites, including www.janeandmary.com and related sub-domains, mobile and/or software applications that host content, including articles and user submitted content, related to cannabis varieties and related products, including tetrahydrocannabinol (THC) oil, and the use of such products in recipes for edible and other consumable goods, which recipes include instructions, and may include reviews and ratings provided by users (collectively, with all other services provided by JANEANDMARY ENTERPRISES, LLC, the “Services”).
Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
References to “user,” “you” and “your” refer to you, a user of the Site and/or Services.
THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) TO THE EXTENT ALLOWABLE BY LAW, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. IMPORTANT SPECIFIC DISCLAIMERS.
1.1 Nature and Use of Content. All information contained on the Site and provided as part of the Services is for informational purposes only. Content posted by JANEANDMARY ENTERPRISES, LLC on any website, mobile application, social media channel, third-party content service, or advertisement is for informational purposes only. JANEANDMARY ENTERPRISES, LLC does not endorse, and is not responsible for the accuracy or reliability of, any opinion, advice, statement, recipe, or other information made on the Site or as provided as part of the Services, including user content and third-party materials (each as defined below). JANEANDMARY ENTERPRISES, LLC is not responsible for your relationship with any physical or virtual cannabis product dispensary or retail location from which you may purchase or receive Products, or any third-party, or other users of the Site or Services. JANEANDMARY ENTERPRISES, LLC is not obligated to screen cannabis product dispensaries, retail locations, or their menus, content, or deals to determine whether they are qualified or authorized by law to provide their third party services or to determine the accuracy of their menus or other information they provide.
1.2 No Medical Advice. JANEANDMARY ENTERPRISES, LLC does not offer medical advice. Any information accessed or provided through the Site and Services, or within any of JANEANDMARY ENTERPRISES, LLC’s social media pages or channels, is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects related to or arising from the use of cannabis or cannabis-related products. Such information includes third-party materials, user content, and JANEANDMARY ENTERPRISES, LLC-generated content derived from user content. The information on the Site and provided in conjunction with the Services and provided via JANEANDMARY ENTERPRISES, LLC’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult a qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on JANEANDMARY ENTERPRISES, LLC’s social media pages and channels.
1.3 Acknowledgement of Federal Law. User expressly acknowledges that JANEANDMARY ENTERPRISES, LLC is for residents of states and localities with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective local laws. 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. User further acknowledges that medical use or recreational use are not recognized as a valid defenses under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN ARTICLES 9 AND 10 (BELOW) OR ELSEWHERE IN THIS AGREEMENT.
2. ELIGIBILITY AND ACCOUNTS.
2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services within the United States.
2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with JANEANDMARY ENTERPRISES, LLC (“JANEANDMARY ENTERPRISES, LLCAccount”) 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 JANEANDMARY ENTERPRISES, LLC Account. JANEANDMARY ENTERPRISES, LLC may suspend or terminate your JANEANDMARY ENTERPRISES, LLCAccount in accordance with Section 6.4 and Article 11.
2.3 Account Deletion. You may delete your JANEANDMARY ENTERPRISES, LLCAccount at any time, for any reason, by sending an email to firstname.lastname@example.org which includes your JANEANDMARY ENTERPRISES, LLCAccount Username and your request to delete your JANEANDMARY ENTERPRISES, LLCAccount.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your JANEANDMARY ENTERPRISES, LLCAccount login information and are fully responsible for all activities that occur under your JANEANDMARY ENTERPRISES, LLCAccount. You agree to immediately notify JANEANDMARY ENTERPRISES, LLC of any unauthorized use, or suspected unauthorized use, of yourJANEANDMARY ENTERPRISES, LLC Account or any other breach of security. JANEANDMARY ENTERPRISES, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. SITE AND MOBILE APP.
3.1 License. Subject to the terms of this Agreement, JANEANDMARY ENTERPRISES, LLC 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, JANEANDMARY ENTERPRISES, LLC grants you a non-transferable, non-exclusive license to install and use the software JANEANDMARY ENTERPRISES, LLC may, in its sole discretion, make 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, when and if a Mobile App is developed by JANEANDMARY ENTERPRISES, LLC.
3.2 Certain 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 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.
3.3 Modification. JANEANDMARY ENTERPRISES, LLC 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 JANEANDMARY ENTERPRISES, LLC 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.
3.4 Ownership. Excluding User Content (defined in Section 5.1 below), you acknowledge that all the intellectual property rights in the Site and Services are owned by JANEANDMARY ENTERPRISES, LLC or JANEANDMARY ENTERPRISES, LLC’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. JANEANDMARY ENTERPRISES, LLC and its suppliers reserve all rights not granted in this Agreement.
3.5 App Platforms. 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 JANEANDMARY ENTERPRISES, LLC and not with the App Platform. JANEANDMARY ENTERPRISES, LLC, 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, if any. 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.
4.1 Text Messaging. By using the Services and the Site, you agree and consent to JANEANDMARY ENTERPRISES, LLC and those acting on its behalf sending 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 JANEANDMARY ENTERPRISES, LLC, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your JANEANDMARY ENTERPRISES, LLCAccount or use of the Services, updates concerning new and existing features on JANEANDMARY ENTERPRISES, LLC, communications concerning promotions run by us or our third-party partners, and news concerning JANEANDMARY ENTERPRISES, LLC 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 purchase of any goods or services offered by JANEANDMARY ENTERPRISES, LLC. If you change or deactivate the phone number you provided to JANEANDMARY ENTERPRISES, LLC, you must update your JANEANDMARY ENTERPRISES, LLC 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 and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed unwaivable, you agree that by using the Services or accessing the Site, you are agreeing that any such unwaivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Article 13 below.
4.2 Opt-Out. By using accessing the Site and/or using the Services, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from JANEANDMARY ENTERPRISES, LLC at any time by replying STOP to a promotional text message from JANEANDMARY ENTERPRISES, LLC. You may opt-out of receiving all text messages from JANEANDMARY ENTERPRISES, LLC at any time by deleting your JANEANDMARY ENTERPRISES, LLCAccount or by replying STOP to any text message from JANEANDMARY ENTERPRISES, LLC. NOTE: if you opt-out of receiving all text messages from JANEANDMARY ENTERPRISES, LLC, 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 JANEANDMARY ENTERPRISES, LLC processes your request, and you may also receive text messages confirming the receipt of your opt-out request. By signing this agreement, you are waiving your right to pursue any claims arising under the TCPA related to any messages sent to you while the opt-out request is pending. To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Article 13 below.
4.3 Opting Back In. You may opt back into receiving text messages from JANEANDMARY ENTERPRISES, LLC at any time by replying START to a text message from JANEANDMARY ENTERPRISES, LLC, or following other directions as may be provided to you by JANEANDMARY ENTERPRISES, LLC.
4.4 Push Notifications. When you install our Mobile App, if applicable, 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.
4.5 Email. 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.
5. USER CONTENT.
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including content in the user’s profile, user reviews and/or postings. You acknowledge and agree that JANEANDMARY ENTERPRISES, LLC is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. JANEANDMARY ENTERPRISES, LLC 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.
5.2 Restrictions on User Content. You agree not to use the Site, Services, or any of JANEANDMARY ENTERPRISES, LLC’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.
5.3 Your Responsibilities. You are solely responsible for any User Content you upload to the Site or Mobile App. 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 JANEANDMARY ENTERPRISES, LLC. You acknowledge and agree that JANEANDMARY ENTERPRISES, LLC is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. JANEANDMARY ENTERPRISES, LLC 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 JANEANDMARY ENTERPRISES, LLC), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. JANEANDMARY ENTERPRISES, LLC 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.
5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to JANEANDMARY ENTERPRISES, LLC 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.
5.5 Feedback. If you provide JANEANDMARY ENTERPRISES, LLC any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to JANEANDMARY ENTERPRISES, LLC all rights in the Feedback and agree that JANEANDMARY ENTERPRISES, LLC shall have the right to use such Feedback and related information in any manner it deems appropriate. JANEANDMARY ENTERPRISES, LLC will treat any Feedback you provide to JANEANDMARY ENTERPRISES, LLC as non-confidential and non-proprietary. You agree that you will not submit to JANEANDMARY ENTERPRISES, LLC any information or ideas that you consider to be confidential or proprietary.
6. ACCEPTABLE USE POLICY. The following sets forth JANEANDMARY ENTERPRISES, LLC’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid JANEANDMARY ENTERPRISES, LLCAccount and email address to leave a review on JANEANDMARY ENTERPRISES, LLC. Prior to posting a review, you will need to verify your email address associated with your JANEANDMARY ENTERPRISES, LLCAccount. You agree not to post reviews on the Site, Services, or any of JANEANDMARY ENTERPRISES, LLC’s social media pages or channels 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 secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of JANEANDMARY ENTERPRISES, LLC’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging 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 cannabis or cannabis product dispensary or retail store, you may not post reviews about your dispensary, store or products or about your competitors’ dispensary, store or products.
6.2 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 contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Article 6.
6.3 Restrictions. In addition to the foregoing, you agree not to use the Site or 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 Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or JANEANDMARY ENTERPRISES, LLC or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your JANEANDMARY ENTERPRISES, LLCAccount in accordance with Article 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
7. INDEMNITY. You agree to indemnify, defend and hold JANEANDMARY ENTERPRISES, LLC (and its owners, officers, employees, contractors, representatives, 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 User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. JANEANDMARY ENTERPRISES, LLC 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 JANEANDMARY ENTERPRISES, LLC. JANEANDMARY ENTERPRISES, LLC will use reasonable efforts 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. 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. By accessing the Site and using the Services, you acknowledge that JANEANDMARY ENTERPRISES, LLC 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. JANEANDMARY ENTERPRISES, LLC shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party (collectively, “Third-Party Interactions”). 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.
8.2 Third-Party Materials. 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 (defined in Section 8.3 below) and dispensary or retail location menus, including pricing, product names, and product descriptions each menu (collectively, “Third-Party Materials”). You acknowledge and agree that JANEANDMARY ENTERPRISES, LLC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. JANEANDMARY ENTERPRISES, LLC 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.
8.3 Deals. The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from dispensaries and/or retail locations (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. JANEANDMARY ENTERPRISES, LLC 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 JANEANDMARY ENTERPRISES, LLC, 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.
8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and Third-Party Materials. Because JANEANDMARY ENTERPRISES, LLC does not control User Content and/or Third-Party Materials, you acknowledge and agree that JANEANDMARY ENTERPRISES, LLC is not responsible for any User Content and/or Third-Party Materials, JANEANDMARY ENTERPRISES, LLC makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and JANEANDMARY ENTERPRISES, LLC assumes no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Service users (including dispensaries or retail locations) are solely between you and such user. You agree that JANEANDMARY ENTERPRISES, LLC 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.
8.5 Release. In consideration of your use of the Site and Services, you hereby release and forever discharge JANEANDMARY ENTERPRISES, LLC (and its owners, officers, employees, contractors, representatives, 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 claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, 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 OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a non-California resident, you hereby agree that the release above applies to all claims, including claims you did not know existed at the time you signed this Agreement.
9. GENERAL DISCLAIMERS. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. WITHOUT LIMITING THE FOREGOING, JANEANDMARY ENTERPRISES, LLC (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 THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JANEANDMARY ENTERPRISES, LLC 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 AN AGENT OF JANEANDMARY ENTERPRISES, LLC HAS 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, JANEANDMARY ENTERPRISES, LLC’S 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 JANEANDMARY ENTERPRISES, LLC 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. NOTWITHSTANDING THE FORGOING, IT IS THE INTENT OF JANEANDMARY ENTERPRISES, LLC AND YOU THAT THE BROADEST LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES APPLY IN ALL INSTANCES, TO THE EXTENT ALLOWABLE BY LAW.
11. TERM AND TERMINATION. Subject to this Article, this Agreement 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 (including your JANEANDMARY ENTERPRISES, LLCAccount) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your JANEANDMARY ENTERPRISES, LLCAccount and right to access and use the Site and Services will terminate immediately. You understand that any termination of your JANEANDMARY ENTERPRISES, LLCAccount involves deletion of your User Content associated therewith from our Site, Services, and live databases. JANEANDMARY ENTERPRISES, LLC will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your JANEANDMARY ENTERPRISES, LLCAccount or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will survive and remain in full force and effect: Sections 3.2 through 3.4, and Articles 4 through 14, inclusive.
12. COPYRIGHT POLICY. &M respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and 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 Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and 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:
12.1 Your physical or electronic signature;
12.2 Identification of the copyrighted work(s) that you claim to have been infringed;
12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;
12.4 Sufficient information to permit us to locate such material;
12.5 Your address, telephone number, and e-mail address;
12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
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 JANEANDMARY ENTERPRISES, LLC is:
URS AGENTS, LLC
36 South 18th Avenue, Suite D
Brighton, CO 80601
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
13.1 Agreement to Arbitrate/Venue. All disputes between you and JANEANDMARY ENTERPRISES, LLC arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration and not in court. This agreement to arbitrate applies to any claim brought under the laws of any state or national government, including claims under the Telephone Consumer Protection Act of 1991, the Federal Trade Commission Act, the Consumer Product Safety Act, or any other federal, state or local law or ordinance. There is no judge or jury in arbitration and you are agreeing to waive your right to pursue claims in court to the greatest extent permitted by law. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. AS ALLOWABLE BY LAW, YOU AND JANEANDMARY ENTERPRISES, LLC 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 this Agreement to the contrary, if the class and representative-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration, and any class or representative-action claims shall proceed in a court of competent jurisdiction in Fresno County, California. This arbitration agreement is entered into and enforceable pursuant to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if JANEANDMARY ENTERPRISES, LLC makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) about which you had already provided notice to JANEANDMARY ENTERPRISES, LLC. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If any portion of this Article 13 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 Fresno County, California. You hereby accept the exclusive jurisdiction of such court for this purpose. To the extent enforceability of this Agreement requires reference to any state law, the Parties agree such reference shall be to the laws of the State of Washington without regard to conflict of law provisions.
13.2 Pre-Arbitration Dispute Resolution. Prior to resorting to formal dispute resolution procedures, you hereby agree to try to resolve disputes amicably and efficiently by emailing customer support email@example.com Any communication to us regarding any dispute you have must be sent within ninety (90) calendar days of the date of the event giving rise to the dispute. You agree that engaging in this pre-arbitration dispute resolution procedure is a prerequisite to initiating a complaint in arbitration or any other form. If pre-arbitration dispute resolution efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) within ninety (90) calendar days of the date on which the parties agree that the pre-arbitration dispute resolution has failed. The Notice to us should be sent to the Notice Address identified in Section 14.5 below. You hereby agree that failure to follow any of the steps outlined in this paragraph operates as a waiver of your right to pursue your claims in arbitration or any other forum.
13.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section 14.5 below. By rejecting any future change, you are agreeing that you will individually arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14.1 No Support or Maintenance. You acknowledge and agree that JANEANDMARY ENTERPRISES, LLC will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 Copyright/Trademark Information. Copyright © 2023, Jane&Mary. All rights reserved. Jane&Mary®; the Jane&Mary logo; the light green used in relation to the Jane&Mary logo and the ampersand symbol found between the words “Jane” and “Mary”; and the Jane&Mary tile designs utilized on the Site (collectively, the “Marks”) are trademarks of JANEANDMARY ENTERPRISES, LLC. You acknowledge and agree that you are not permitted to use the Marks or any third-party marks that may be displayed on the Site without prior written consent from, respectively, JANEANDMARY ENTERPRISES, LLC or owners of such third-party marks.
14.5 Notice Address. Any notice required or permitted under this Agreement shall be given and served either by personal delivery to JANEANDMARY ENTERPRISES, LLC, or by registered or certified mail, postage and charges prepaid to 653 West Fallbrook Avenue, Suite 101, Fresno, CA 93711. Any notice is deemed given on the date on which it is personally delivered, or, if mailed, one day after the date it is deposited in a regularly maintained receptacle for the deposit of U.S. mail, addressed and sent in the manner set forth above.
14.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. JANEANDMARY ENTERPRISES, LLC’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by JANEANDMARY ENTERPRISES, LLC of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” or “includes” means “including without limitation” or “includes without limitation”, respectively. 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. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and JANEANDMARY ENTERPRISES, LLC. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without JANEANDMARY ENTERPRISES, LLC’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 this Agreement shall be binding upon assignees.
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