Last Modified: January 1, 2019.
The website located at www.MJ.com (the “Site”) is provided by MJ Pro Holdings, LLC, or its parents, subsidiaries or affiliated companies (collectively, “MJ,” “us,” “our,” and/or “we”). MJ provides websites, including the Site, and related sub-domains, mobile and/or software applications that host content related to cannabis, business and entertainment varieties and related products which include an e-commerce marketplace, reviews and ratings provided by its business affiliates, users, entertainers, influencers, directories of cannabis dispensaries and medical providers, and cannabis-related news stories and other articles (collectively, with all other services provided through the Site and our other products, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which may or 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 “you” and “your” refer to you, a user of our Site and/or Services.
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 US ON AN INDIVIDUAL BASIS, NOT AS 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 DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY MJ ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. MJ 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). MJ IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. MJ IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
MJ DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF MJ’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. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND MJ-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA MJ’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER 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 MJ’S SOCIAL MEDIA PAGES AND CHANNELS.
ACKNOWLEDGEMENT OF FEDERAL LAW: You hereby expressly acknowledge that: (a) MJ is for residents with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective State laws; (b) marijuana is included on Schedule 1 under the United States Controlled Substances Act (21 U.S.C. § 801 et seq.) (“CSA”); (c) 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; (d) medical use is not recognized as a valid defense under federal laws regarding marijuana; (e) the interstate transportation of marijuana is a federal offense; and (f) the decriminalization of the possession, use, distribution and/or sale of marijuana as provided under applicable laws and regulations of any State does not provide a legal defense to a violation of federal law, including any civil or criminal violation of the CSA.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 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 or be an Approved Business Vendor/Affiliate. By using the Site or Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or Services.
2.2 Account Creation. In order to use and obtain access to certain features of the Site and/or Services, you must register for an account with MJ (“MJ Account”) and provide certain information about yourself as prompted by the Site registration form, including, without limitation, your name and email address. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) will maintain the accuracy of such information at all times to keep such information truthful, accurate and up to date. You may not create more than one MJ Account. MJ may suspend or terminate your MJ Account in accordance with Sections 6.4 and 11.
2.3 Account Deletion. You may delete your MJ Account at any time, for any reason, by sending an email to info@MJ.com which includes your MJ Account Username and your request to delete your account.
2.4 Account Responsibilities. You are responsible for maintaining and taking precautionary steps to protect the security and confidentiality of your MJ Account and MJ Account login information and any devices on which you access, visit, install, download and/or use the Services and agree to treat as confidential and not to disclose your Account or MJ Account login information to any third party. MJ will not be held responsible for any loss, left, abuse, misuse or damage of or from your MJ Account arising from your failure to maintain the security and confidentiality, whether intentional or accidental, whether active or passive, of your MJ Account, MJ Account login information and/or devices. You are fully responsible for all transactions and activities undertaken via your device or your MJ Account (including by a third party), whether authorized by you or not. If you learn of or suspect unauthorized use of your MJ Account or any other breach of security, you agree to immediately notify MJ and cooperate with us, as we may request, in the course of such investigation.
2.6 Accessing the Services. The Services are designed to be accessible on multiple types of devices and operating systems. We make no representation or warranty of any kind whatsoever that the Services will be compatible with your device(s), communication services or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with your device.
3. SITE AND MOBILE APP
3.1 License. Subject to the terms of this Agreement, MJ grants you a non-transferable, non-exclusive license to use the Site and Services solely for your personal, noncommercial use strictly in accordance with this Agreement, applicable law and all other agreements, including any agreements that apply to and/or that you may have entered into in connection with the Services. Subject to the terms of this Agreement, MJ grants you a non-transferable, non-exclusive license to install and use the software MJ makes 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.
3.2 Certain Restrictions on Use. 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 or any Services-related software; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer or make any attempt to access the source code to create derivative works of any part of the Site or Services or Services-related software; (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 or Services-related software 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. You agree to comply with all applicable laws, regulations and usage rules governing the access, visitation, download, installation and other use of the Services. You agree to comply with any and all of our and the applicable Source(s)’ policies, rules, terms and conditions. The term “Source” means the direct and indirect third party or affiliated licensors, vendors, service providers, subcontractors and any other sources of the Services. You agree to not access, visit, download, install or otherwise use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (x) any of our services or products, (y) any other party’s use and enjoyment of any of our services or products, or (z) any services or products of any third parties.
3.3 Modification. MJ 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 MJ 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, you acknowledge that all the intellectual property rights in the Site and Services are owned by MJ or MJ’s licensors or licensees. 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 or the Services. MJ and its suppliers reserve all rights not granted in this Agreement. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Services or any of our intellectual property in any manner, including (without limitation) electronic, print or other media now known or hereafter developed, without our written consent.
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 MJ and not with the App Platform. MJ, 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. 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. See Accessing and Downloading the Application from Apple® in Section 14.4 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
4.1 Text Messaging. By using the Services or Services-related software, you agree that MJ and those acting on its behalf may send 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 MJ, 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 MJ, communications concerning promotions run by us or our third-party partners, and news concerning MJ 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 any purchase or service offered by MJ. If you change or deactivate the phone number you provided to MJ, 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.
4.2 Opt-Out. You may opt out of receiving promotional text messages from MJ at any time by replying STOP to a promotional text message from MJ. You may opt-out of receiving all text messages from MJ at any time by deleting your account or by replying STOP to any text message from MJ. NOTE: if you opt-out of receiving all text messages from MJ, 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 the MJ processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
4.3 Opting Back In. You may opt back into receiving text messages from MJ at any time by replying START to a text message from MJ.
4.4 Push Notifications. When you install our Mobile App 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 submitted using an MJ Account or 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 MJ is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. MJ 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 User Content – Restrictions. You agree not to use the Site, Services, or any of MJ’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 User Content – 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 MJ. You acknowledge and agree that MJ is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. MJ 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 MJ), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or any applicable laws or regulations. MJ 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 MJ 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 MJ any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to MJ all rights in the Feedback and agree that MJ shall have the right to use such Feedback and related information in any manner it deems appropriate. MJ will treat any Feedback you provide to MJ as non-confidential and non-proprietary. You agree that you will not submit to MJ any information or ideas that you consider to be confidential or proprietary.
6. ACCEPTABLE USE POLICY. The following sets forth MJ’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid MJ User or Vendor Account and email address to leave a review on MJ. Prior to posting a review, you will need to verify your email address associated with your MJ Account. You agree not to post reviews on the Site, Services, or any of MJ’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 MJ’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 dispensary you may not post reviews about your dispensary or products or about your competitors’ dispensary 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 Section 6.
6.3 Technological Restrictions. In addition, you agree not to use the Site or Services in any unauthorized way whatsoever, including, without limitation, to: (a) upload, transmit, or distribute any computer viruses, worms, trojan horses 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 MJ 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; (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; or (h) use the Services for any commercial use.
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 at any time, without notice, in our sole discretion (including, without limitation, removing or modifying your User Content, terminating your MJ Account in accordance with Section 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, as a User or Vendor, agree to indemnify and hold MJ (and its affiliates and its and their officers, directors, employees, and agents) harmless from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including, without limitation, reasonable legal and other professional fees and costs) directly or indirectly arising from or relating to any claim or demand due to or arising out of (a) your access to or use or misuse of the Site, Services, MJ Account, or any links on the Site or Mobile App, (b) your User Content (including, without limitation, any and all information or content submitted by you or using your MJ Account), (c) your violation of this Agreement and/or any rules that we may issue from time to time, (d) your violation of any applicable laws or regulations or the rights of any third party, (e) your violation of any of our or our Sources’ requirements or restrictions. MJ 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 in such event you agree to fully cooperate with us in asserting any and all available defenses. You agree not to settle any matter without the prior written consent of MJ. MJ 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. In particular, MJ 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. MJ 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.
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 (as defined below) and dispensary Menus, including pricing, product names, and product descriptions each Menu (as defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that MJ is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MJ 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 listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. MJ 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 MJ, 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; (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; and (e) any and all taxes, fees and other costs incidental to and arising from any Deals you may receive as a result of utilizing the Services.
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 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 MJ 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. You hereby release and forever discharge MJ (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 personal injuries, death, and property damage), 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 DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
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, MJ (AND OUR AFFILIATES AND ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES) 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; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL OR DISABLING CODE; (D)WILL BE COMPLETE, LEGAL, OR SAFE; OR (E) WILL DELIVER FULL FUNCTIONALITY, ACCURACY OR RELIABILITY OF CONTENT OR INFORMATION. MJ HAS NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER PARTIES EXPERIENCE CONCERNING USE OF THE SERVICES OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. NEITHER US NOR OUR AFFILIATES OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES HAVE ANY DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY CONTENT DISPLAYED IN OR AVAILABLE THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, THE PRECEDING LIMITATIONS IN THIS SECTION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND MJ’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (NOR OUR AFFILIATES OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES) 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, OUR (AND OUR AFFILIATES’ AND ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS’ OR SOURCES’) 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 MJ IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION.
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. IN THOSE JURISDICTIONS, THE PRECEDING LIMITATIONS IN THIS SECTION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND MJ’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
12. COPYRIGHT POLICY. MJ 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 us in the manner and at the address set forth below in this Section 12:
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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to:
MJ Pro Holdings, LLC
PO Box 2957
Ponte Vedra, FL 32004
Please include “Copyright Notice” in the subject line.
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except as provided in Section 13.4 subject to Section 13.1, all disputes between you and MJ arising out of, relating to or in connection with the Site or Services (each, a “Dispute”) shall be, to the extent not in conflict with this Agreement, exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND MJ AGREE THAT, EXCEPT AS PROVIDED IN HEREIN, EACH PARTY IS HEREBY WAIVING ANY AND ALL RIGHTS TO A JURY TRIAL AS TO ANY DISPUTE. YOU AND MJ 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-action waiver in the prior sentence is deemed invalid or unenforceable for any reason or that an arbitration may proceed on a class basis, then this arbitration provision shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate the underlying Dispute. This arbitration agreement is subject 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 MJ makes any future change to this dispute resolution provision, it will not apply to any individual Dispute(s) that you had already provided notice of to MJ. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section 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 Clark County, Nevada, USA. You hereby accept the exclusive jurisdiction of such court for this purpose, and hereby waive, for all purposes, your right to challenge personal jurisdiction in any such court. This Agreement and any other applicable policies, rules, terms or conditions that we may issue from time to time, and the relationship between you and us, shall be governed by and interpreted solely and exclusively in accordance with the laws of the State of Nevada without regard to conflict of law provisions. Your use of the Services may also be subject to other local, state, national or international laws.
13.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to initiate arbitration to the respective party’s mailing address (“Notice of Dispute”). MJ may deliver the Notice of Dispute to the address maintained by MJ in its records. The Notice of Dispute to us shall be sent to the address identified in Section 14.6 below. The Notice of Dispute shall include the mailing address, e-mail address and telephone number of the initiating party; the name, mailing address, e-mail address and telephone number of the initiating party’s legal counsel, if any; and a statement setting forth the details and nature of the Dispute, the relief sought and an estimate of the amount involved.
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.
13.4 Binding Arbitration Exceptions. Notwithstanding anything in this Agreement to the contrary, you acknowledge and agree that (a) an action may be brought in small claims court; (b) certain disputes may be subject to the jurisdiction of government authorities; (c) MJ may bring an action in any federal or state courts to protect intellectual property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (d) you shall not challenge or dispute any matter subject to the discretion, decisions or determination of MJ, as provided for in this Agreement.
14.1 No Support or Maintenance. You acknowledge and agree that MJ will have no obligation to provide you with any support or maintenance in connection with the Site or Services except as required for Vendor onboarding and set up.
14.3 Copyright/Trademark Information. Copyright © 2018, MJ Pro Holdings, LLC. All rights reserved. MJ®; the MJ logo(s); the MJ colors used in combination; the MJ colors used for products, podcasts, and delivery management links; and the MJ tile designs (collectively, the “Marks”) are trademarks of MJ Pro Holdings, LLC. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”). Google Play™ is a trademark of Google, LLC. You acknowledge and agree that You are not permitted to use MJ Marks or any third-party marks displayed on our site without prior written consent from, respectively, MJ Pro Holdings, LLC, Apple, or the owners of such third-party marks.
14.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and MJ only, and not Apple, and (ii) that MJ, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between MJ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MJ.
(d) You and MJ acknowledge that, as between MJ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and MJ acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between MJ and Apple, MJ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and MJ acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
14.6 MJ.com Contact Information.
If you have any questions regarding the Services, you may email us at info@MJ.com.