Effective Date: Oct 1, 2024
Welcome to WeedVader! These Terms of Service (“Terms”) govern your access to and use of our websites, mobile applications, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
By using the Services, you affirm that you are at least 21 years old (or the legal age for cannabis consumption in your jurisdiction) and that you have the legal capacity to enter into these Terms.
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website or through the Services. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices.
To access certain features of the Services, you may need to create an account. You agree to provide accurate and complete information when creating your account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
You are solely responsible for any content you submit, post, or otherwise make available through the Services (“Your Content”). By submitting Your Content, you grant WeedVader a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, distribute, and display such content. You represent and warrant that you own or have the necessary rights to Your Content and that Your Content does not infringe or violate the rights of any third party.
It is our policy, subject to the circumstances and in our sole and absolute discretion, to disable, eliminate access to, and/or terminate any Account that repeatedly infringes upon or is repeatedly charged with infringing upon the copyright interests of another. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond appropriately to claims and reports of copyright infringement taking place on or through the Services. If you are a copyright owner or an authorized representative of a copyright owner, please report any alleged copyright infringements taking place on or through the Services by submitting a DMCA Notice of Alleged Infringement (“Notice”) as described below. Upon receipt of a properly completed and delivered Notice, we will take those actions we deem appropriate in our sole discretion, subject to our obligations under the DMCA, including removal of the infringing activity from the Services.
DMCA Notice of Alleged InfringementIdentify the copyrighted work that you claim has been infringed, or if multiple works are covered by the Notice, please provide a comprehensive list of the copyrighted works you claim have been infringed.
Identify the infringing activity (i.e., the material that you claim is infringing upon the copyrighted work) and the location of the infringing activity (typically by providing the URL of the relevant area or section of the Website(s) or Services).
Provide your mailing address, telephone number, and email address.
Include both of the following statements in the body of the Notice: a. “I hereby state that I have a good faith belief that the alleged infringing use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. b. I hereby state that the information in this Notice is accurate, and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all above items completed, to WeedVader.
Please note that, pursuant to 17 U.S.C. § 512(f), any knowing material misrepresentation could subject the complaining party to liability for any damages, costs, and attorney’s fees incurred by WeedVader as a result of the Notice and allegation of copyright infringement.
If there is a dispute between any users of the Services, including between Consumers and Businesses or other advertisers, you understand and agree that we and our affiliates are under no obligation to become involved in such a dispute.
You agree to indemnify and hold WeedVader and its affiliates (and their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to attorneys’ fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Services; (ii) Your Content; (iii) your breach or violation of these Terms, any applicable Additional Terms, or the Privacy Policy; or (iv) your violation of applicable laws or regulations.
We will use reasonable efforts to notify you of any such claim for which we seek indemnification hereunder once we have become aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. We reserve the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other party that you agree to indemnify, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.
You hereby release and forever discharge WeedVader and its affiliates (and their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, 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 personal injuries, death, and property damage), arising out of or relating to use of the Services and in connection with any interactions with, or act or omission of, other Websites, Services, or Third Party Content.
THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND WEEDVADER ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.
WeedVader is committed to participating in a consumer-friendly dispute resolution process. In the unlikely event of a dispute, these Terms are designed to provide for expedited and efficient resolution through binding arbitration administered by the American Arbitration Association (“AAA”).
You and WeedVader (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms – including the applicability, breach, termination, validity, enforcement, or interpretation thereof – or the use of the Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide the issue.
The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or WeedVader’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
The Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879.
The Parties acknowledge and agree to waive the right to a jury trial as to all arbitrable Disputes.
The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as