Welcome to MarijuanaBreak
Last updated: November 11, 2016
The website located at www.MarijuanaBreak.com (the “Site”) is a copyrighted work belonging to Yoad Development and Technology 2014 LTD (“MarijuanaBreak”, “Us”, “Our”, and “We”). MarijuanaBreak is a medical marijuana resource. Marijuanabreak is not a medical marijuana collective or cooperative. The Marijuanabreak Website is an online community, directory, and communications platform which facilitates the exchange of information between and among (a) persons considering, seeking, or receiving medical marijuana treatments (where permissible under applicable law), (b) doctors and clinics who may treat or assist such persons, (c) providers of medical marijuana, and (d) other related suppliers or interested parties, regarding the availability and quality of medical marijuana treatments, services offered, and such persons’ experiences, opinions, and feedback regarding the foregoing. As a part of our service we provide our community with informative articles, reviews and ratings. We may also offer certain products or services for sale (collectively, with all other services provided through the Site, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
- IMPORTANT DISCLAIMERS.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY MARIJUANABREAK ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. MARIJUANABREAK 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). MARIJUANABREAK IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, OR OTHER USERS OF THE SITE OR SERVICES. MARIJUANABREAK IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS 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.
MARIJUANABREAK DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF MARIJUANABREAK’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSITUTE 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 MARIJUANABREAK-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA MARIJUANABREAK’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 MARIJUANABREAK’S SOCIAL MEDIA PAGES AND CHANNELS.
YOU UNDERSTAND THAT THE FEDERAL GOVERNMENT HAS CLASSIFIED MARIJUANA AS A SCHEDULE 1 CONTROLLED SUBSTANCE. FEDERAL LAW PROHIBITS THE MANUFACTURE, DISTRIBUTION AND POSSESSION OF MARIJUANA. FURTHERMORE, MARIJUANA HAS NOT BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR MARKETING AS A DRUG. THEREFORE THE “MANUFACTURE” OF MARIJUANA FOR MEDICAL USE IS NOT SUBJECT TO ANY STANDARDS, QUALITY CONTROL, OR OTHER OVERSIGHT. MARIJUANA MAY CONTAIN UNKNOWN QUANTITIES OF ACTIVE INGREDIENTS, IMPURITIES, CONTAMINANTS AND SUBSTANCES IN ADDITION TO THC, WHICH IS THE PRIMARY PSYCHOACTIVE CHEMICAL COMPONENT OF MARIJUANA
IF YOU BECOME A MARIJUANABREAK SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM.
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.
By accessing or using the Services, you represent and warrant that: (a) you are at least 21 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Marijuanabreak and are not using the Services for reasons that are in competition with Marijuanabreak or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
3.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you might need to register for an account with MarijuanaBreak (“MarijuanaBreak Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not create more than one MarijuanaBreak Account. You may delete your MarijuanaBreak Account at any time, for any reason, by contacting us at [email protected] MarijuanaBreak may suspend or terminate your MarijuanaBreak Account in accordance with Section 12.
3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your MarijuanaBreak Account login information and are fully responsible for all activities that occur under your MarijuanaBreak Account, including the purchase of any of our Paid Services. You agree to immediately notify MarijuanaBreak of any unauthorized use, or suspected unauthorized use of your MarijuanaBreak Account or any other breach of security. MarijuanaBreak cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
- SITE AND MOBILE APP
4.1 License. Subject to the terms of this Agreement, MarijuanaBreak 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, MarijuanaBreak grants you a non-transferable, non-exclusive, license to install and use the software MarijuanaBreak 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.
4.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; (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; and (e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
4.3 Modification. MarijuanaBreak 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 MarijuanaBreak 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.
4.4 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by MarijuanaBreak or MarijuanaBreak’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. MarijuanaBreak and its suppliers reserve all rights not granted in this Agreement.
4.5 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® (“App Platform”). You acknowledge that this Agreement is between you and MarijuanaBreak and not with the App Platform. MarijuanaBreak, 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.
- USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). You acknowledge and agree that MarijuanaBreak is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MarijuanaBreak 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. Marijuanabreak does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Marijuanabreak liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
5.2 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 MarijuanaBreak. Because you alone are responsible for your User Content (and not MarijuanaBreak), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. MarijuanaBreak is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
5.3 License. You hereby grant, and you represent and warrant that you have the right to grant, to MarijuanaBreak 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.
5.4 Feedback. If you provide MarijuanaBreak any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to MarijuanaBreak all rights in the Feedback and agree that MarijuanaBreak shall have the right to use such Feedback and related information in any manner it deems appropriate. MarijuanaBreak will treat any Feedback you provide to MarijuanaBreak as non-confidential and non-proprietary. You agree that you will not submit to MarijuanaBreak any information or ideas that you consider to be confidential or proprietary.
- ACCEPTABLE USE POLICY.
The following sets forth MarijuanaBreak’s “Acceptable Use Policy”:
6.1 General Restrictions. You agree not to use the Site, Services, or any of MarijuanaBreak’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content (a) that 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) that 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 which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
6.2 Reviews. You agree not to post reviews on the Site, Services, or any of MarijuanaBreak’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 MarijuanaBreak’s social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying 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.
6.3 Photos. Image files must exclusively feature the products they illustrate and must not include nude 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 5. You understand that Marijuanabreak has the right to modify, crop or “photoshop” any photos you submit to comply with Marijuanabreak’s policies, practices and procedures.
6.4 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or MarijuanaBreak or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
6.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your MarijuanaBreak Account in accordance with Section 12, 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.
You agree to indemnify and hold MarijuanaBreak (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and 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. MarijuanaBreak reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of MarijuanaBreak. MarijuanaBreak will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE
8.1 Third Party Materials. The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that MarijuanaBreak is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MarijuanaBreak 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.
8.2 Deals. The Site, Services or communications might display, include or make available coupons, promotional codes, giveaways, services, samples, and other offers from listed dispensaries, medical providers, third party physicians or medical practices (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. MarijuanaBreak 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 MarijuanaBreak, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not. From time to time, we may also offer free trials or other promotions (a “Promotion”). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES.
8.3 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that MarijuanaBreak 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.
8.4 Release.You hereby release and forever discharge MarijuanaBreak (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 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, MARIJUANABREAK (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 MARIJUANABREAK (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, MARIJUANABREAK’S (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 MARIJUANABREAK 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.
- PAID SERVICES
11.1 General. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services or virtual coins (as described below), you authorize Marijuanabreak and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Marijuanabreak’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 11).
Marijuanabreak may also sell various online products/services through different pages on the site . You agree to pay the applicable fees for these products plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees). Products that are sold on the site are subject to our Return Policy:
- Ebooks and Online Courses – Any claims for misprinted/damaged/defective items or if you are not satisfied with the product, you are required submit your request for a refund within 14 days after the product has been received. All products should be returned to Marijuanabreak within 14 and you will be entitled to receive a full refund.
- Third Party 420 Evaluations – You understand that marijuanabreak acts as an intermediate between you and the medical doctor who is providing you your 420 evaluation. It is the sole responsibility of you and the provider to comply with all applicable laws and regulations. Any fees that marijuanabreak may charge you for the application or service are due immediately and are non-refundable. This non-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or services either planned, accidental or intential or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing. Marijuanabreak , at its sole discretion may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for our service or application, as we deem necessary for our business.
- Physical Products – If for any reason you are unhappy with your purchase and want to return your item please send it in its original packaging, unused, within 14 days for a refund. Please ensure that you include your name, address and telephone number or e-mail when returning goods. When returning goods please retain your proof of postage as we cannot be responsible for any goods lost in transit without proof of sending. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. Approved refunds will be made to you within 14 days of receipt of the returned goods, as long as they are undamaged and unused. Shipping charges are non-refundable.
- Damaged Products – If an item within your order is damaged upon arrival DO NOT USE THE DAMAGED ITEM OR TRY TO FIX THEM. Please email us at [email protected] Please include your order number and a clear picture of the damaged item with the support request or the email. Shipping charges are non-refundable.
- All Products – We accept no responsibility for shipments confiscated by customs. Contact your local customs office for further information regarding the product you intend to buy if you are uncertain.
11.2 Payment Method. Marijuanabreak may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers. You authorize Marijuanabreak to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
11.3 Marijuanabreak’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
11.4 Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 11(4) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
11.5 Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, UNLESS REQUIRED BY APPLICABLE LAW.
11.5 Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Marijuanabreak. You agree to promptly notify Marijuanabreak if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
11.6 Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Marijuanabreak will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that Marijuanabreak may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Marijuanabreak will inform you of any additional charges that are accumulated.
11.7 Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, Marijuanabreak shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways.
Marijuanabreak reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- 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 MarijuanaBreak 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 MarijuanaBreak Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your MarijuanaBreak Account on any of its services involves deletion of your User Content associated therewith from our Site, Services, and live databases. MarijuanaBreak will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your MarijuanaBreak Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1,3,7,9,10,13,14.6
- COPYRIGHT POLICY
MarijuanaBreak 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 please contact us at [email protected]
14.1 No Support or Maintenance. You acknowledge and agree that MarijuanaBreak will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 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 MarijuanaBreak 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. 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 MARIJUANABREAK 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, however, neither you nor we are entitled to arbitration. 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 MarijuanaBreak makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to MarijuanaBreak. 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 Tel-Aviv, Israel. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Tel-Aviv without regard to conflict of law provisions.
14.4 Copyright/Trademark Information. Copyright © 2016, Yoad Development and Technology 2014 LTD. All rights reserved. MarijuanaBreak®; the MarijuanaBreak logo; the MarijuanaBreak colors used in combination; the MarijuanaBreak tile designs (collectively, the “Marks”) and any other trade name or slogan contained in the Services are trademarks or service marks of Marijuanabreak are trademarks of Yoad Development and Technology 2014 LTD. You acknowledge and agree that You are not permitted to use MarijuanaBreak’s Marks or any third party marks displayed on our site without prior written consent from, respectively, MarijuanaBreak, or the owners of such third party marks.
14.5 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes Store® or the App Store (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and MarijuanaBreak only, and not Apple, and (ii) that MarijuanaBreak, 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 MarijuanaBreak 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 MarijuanaBreak.
(d) You and MarijuanaBreak acknowledge that, as between MarijuanaBreak 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 MarijuanaBreak 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 MarijuanaBreak and Apple, MarijuanaBreak, 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 MarijuanaBreak 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 the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
14.6 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 MarijuanaBreak 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 MarijuanaBreak. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MarijuanaBreak’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.
14.7 Language of the Agreement. The language of this Agreement is English. Where Marijuanabreak has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Marijuanabreak. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
Email: [email protected]
Branch Address: Chadwell Heath Lane, Romford, United Kingdom
©2016 Yoad Development and Technology 2014 LTD. All Rights Reserved.