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 IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING THAT 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, AND (3) YOU WAIVE ANY RIGHT TO HAVE A DISPUTE WITH US DECIDED BY A JURY.
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4. COMMUNICATIONS.
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 litigated 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 litigated on an individual, not class or representative, basis, as set forth in Article 13 below.
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13. JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
13.1 Dispute Resolution/Venue.
All disputes between you and JANEANDMARY ENTERPRISES, LLC arising out of, relating to or in connection with the Site or Services shall be construed and governed in accordance with the laws of the State of California, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction. For any disputes you may have with us, you and we agree to submit to the exclusive jurisdiction of the Superior Court of Fresno County, California, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of California, Fresno Division. You and we agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as waive any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms & Conditions. This paragraph will be interpreted as broadly as applicable law permits.
13.2 Pre Dispute Resolution.
If you have a dispute concerning any aspect of these Terms and Conditions, the Site, and/or the Services, you agree to first contact customer support on our Sites or by completing a customer support ticket. If Customer Support doesn’t resolve your dispute to your satisfaction, you agree to start a formal dispute proceeding by completing a Dispute Form. Completing a Dispute Form will elevate your dispute and we will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of your Dispute Form. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don’t accept it, or we can’t otherwise satisfactorily resolve your dispute, you agree to submit your dispute for resolution to the state and federal courts in and for Fresno, California as provided in this Section 13.
13.3 Class Action Waiver.
To the maximum extent permitted by applicable
law, you and we agree to only bring disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or stipulate that a court may do so without the express consent of all parties to these Terms & Conditions and all other actions. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in state or federal court as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
If all or any provision of this Section 13 is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed and the rest of these Terms & Conditions shall remain in effect and be construed as if any severed provision had not been included