Terms of Use
Last updated January 19, 2020
This website contains information, links, images, and videos of cannabis related material. If you are under the age of 21, if such material offends you, or if it’s illegal to view such material in your community please do not continue. Read and comply with the following conditions before you continue: I am at least 21 years of age a resident of a recreational cannabis state including but not limited to Colorado, Oregon, Alaska, Washington, Illinois, Florida and/or am a current medical marijuana patient in the state I reside. The cannabis related material I am viewing is for my own personal use, and I will not expose minors to the material. I am solely responsible for any false disclosures or legal ramifications of viewing, reading, or downloading any material from this site. CanniGrow, LLC., nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. I agree that by entering this website, I am subjecting myself and any business entity of which I have any legal or equitable interest to the personal jurisdiction of the State of Colorado should any dispute arise at any time between CanniGrow and myself and/or such business entity. This warning page constitutes a legal agreement between CanniGrow, LLC., and you and/or any business in which you have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction it shall not affect the enforce-ability of the other portions of the agreement.
The website located at https://cannigrow.com (the “Site”) is a copyrighted work belonging to CanniGrow, LLC. (“CanniGrow,” “Us,”“Our,”and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. CanniGrow provides software applications that host content related to cannabis, cannabis cultivation, and related products which include reviews and ratings provided by its users, directories of cannabis dispensaries and medical providers, and cannabis-related news stories and other articles (collectively, with all other services provided by CanniGrow, 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 our Site and/or Services.
these terms 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) 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.
IMPORTANT DISCLAIMERS
All information contained on the site and services is for informational purposes only. Content posted by CanniGrow on any website, social media channel, third-party content service, or advertisement is for informational purposes only. CanniGrow does not endorse, and is not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on the site or services, including user content and third-party materials (each as defined below).
CanniGrow does not offer medical advice. any information accessed through the site and services, or within any of CanniGrow 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. Such information includes, without limitation, third-party materials, user content, and CanniGrow generated content derived from user content. The information on the site and services and provided via CanniGrow 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 CanniGrow social media pages and channels
ACKNOWLEDGEMENT OF FEDERAL LAW: User expressly acknowledges that CanniGrow 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. 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 elsewhere in this agreement.
ELIGIBILITY AND ACCOUNTS
Eligibility
You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services.
License
Subject to the terms of this Agreement, CanniGrow 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, CanniGrow grants you a non-transferable, non-exclusive license to install and use the software
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.
Modification
CanniGrow 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 CanniGrow 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.
Ownership
Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by CanniGrow. 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. CanniGrow and its suppliers reserve all rights not granted in this Agreement.
COMMUNICATIONS
Text Messaging
By using the Services or Software, you agree and consent to CanniGrow 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 CanniGrow, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on CanniGrow, communications concerning promotions run by us or our third-party partners, and news concerning CanniGrow 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 CanniGrow. If you change or deactivate the phone number you provided to CanniGrow, you must update your 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 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 Paragraph 13.
Opt-Out
By signing this agreement, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from CanniGrow at any time by replying STOP to a promotional text message from CanniGrow. You may opt-out of receiving all text messages from CanniGrow at any time by deleting your account or by replying STOP to any text message from CanniGrow. NOTE: if you opt-out of receiving all text messages from CanniGrow, 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 CanniGrow 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 Paragraph 13.
Opting Back In
You may opt back into receiving text messages from CanniGrow at any time by replying START to a text message from CanniGrow.
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.
USER CONTENT
User Content
Any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that CanniGrow is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CanniGrow 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.
Restrictions
You agree not to use the Site, Services, or any of CanniGrow’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.
Your Responsibilities
You are solely responsible for your User Content. 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 CanniGrow. You acknowledge and agree that CanniGrow is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. CanniGrow 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 CanniGrow), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. CanniGrow 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.
License
You hereby grant, and you represent and warrant that you have the right to grant, to CanniGrow 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.
Feedback
If you provide CanniGrow any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to CanniGrow all rights in the Feedback and agree that CanniGrow shall have the right to use such Feedback and related information in any manner it deems appropriate. CanniGrow will treat any Feedback you provide to CanniGrow as non-confidential and non-proprietary. You agree that you will not submit to CanniGrow any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY
The following sets forth CanniGrow’s “Acceptable Use Policy”:
Reviews
You must have a valid account and email address to leave a review on CanniGrow. Prior to posting a review, you will need to verify your email address associated with your CanniGrow account. You agree not to post reviews on the Site, Services, or any of CanniGrow’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 CanniGrow’s social media pages.
Indemnity
You agree to indemnify and hold CanniGrow (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. CanniGrow 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 CanniGrow. CanniGrow will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
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. In particular, CanniGrow 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. CanniGrow shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
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 and dispensary Menus, including pricing, product names, and product descriptions each Menu (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that CanniGrow is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CanniGrow 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.
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 we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding 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. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that CanniGrow 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.
Release
In consideration of your use of the Site and Services, you hereby release and forever discharge CanniGrow (and our officers, employees, 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.
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, cannigrow (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
limitation on liability
to the fullest extent permitted by applicable law, in no event shall cannigrow (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, cannigrow (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 cannigrow 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.
term and termination
Subject to this Section, 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 CanniGrow Account) 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 CanniGrow Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your CanniGrow Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. CanniGrow will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your CanniGrow Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect.
copyright policy
CanniGrow 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:
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our services that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and e-mail address;
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
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.
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 CanniGrow 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. You and CanniGrow 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 Denver, Colorado. 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 CanniGrow 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 CanniGrow. 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 Denver, Colorado. 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 Colorado without regard to conflict of law provisions.
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 at contact@cannigrow.com. Any communication to us regarding any dispute you have must be sent within ninety 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 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 address identified in Section 14.6 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.
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.
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 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).
GENERAL
No Support or Maintenance
You acknowledge and agree that CanniGrow will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
Changes to Terms of Use
We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Miscellaneous
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by CanniGrow 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” 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. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and CanniGrow. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CanniGrow’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.
CanniGrow Contact Information:
CanniGrow, LLC. Email: contact@cannigrow.com