Policies & Regulations


LAST UPDATED ON: January 9, 2017

PLEASE READ THIS AGREEMENT CAREFULLY AS THIS SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

Welcome to TheFarmacy.co web site or mobile applications, a copyrighted work provided by and belonging to TheFarmacy.co, Inc. ("Farmacy" or "we”, "our”, or "us”). These Terms of Use ("Terms of Use") govern your access and use of www.thefarmacy.co and any other official Farmacy web site (including mobile sites), mobile application, interactive features, widgets, and/or other online services that post a link to or reference these Terms of Use (collectively, "Sites").

BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

We reserve the right to change any of the terms and conditions or any policies or guidelines governing the Site or Services, at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

Please read these Terms and Conditions carefully before using the Site and services. If you have any questions, please refer to the Help section of the Site.

Scope

TheFarmacy.co provides cannabis related content, resources and products which may include reviews and ratings from our users, directories of cannabis dispensaries, retail locations, and medical providers, and cannabis-related news stories and other articles, original web series; and offers certain products for sale that may contain cannabis, THC or CBDs (collectively, with all other services provided through the Site, the "Services”). All content on our sites is for educational and entertainment purposes only.

You understand and fully acknowledge that marijuana is illegal under federal law. Prosecutions are, and may, be made under federal marijuana laws, and the defenses available under state medical marijuana laws provide no defense against federal laws. You further acknowledge that the CA Office of Environmental Health Hazard Assessment has added marijuana smoke to its list of chemicals known to cause cancer. Please consult with your doctor as to dosage and frequency of medication, and research marijuana laws and medicinal use. It is your responsibility to comply with all applicable law where you are located. We retain the full rights to refuse service or revoke the account of anyone for who we have any indication of failure to comply with applicable law and regulation.

All content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Sites (collectively, the "Content”) may be used solely under the following Terms of Use. Regardless of how you access or use the Sites and Services, whether via personal computers, mobile devices or otherwise, you expressly consent to the Terms of Use and conclude a legally binding contract with TheFarmacy.co. In some instances, certain features of the Sites and Services may be subject to additional and separate guidelines, rules, or terms of service which shall be set forth in connection with such features (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between the Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the Farmacy’s Privacy Policy, which you accept by using the Service.

TheFarmacy.co is not directly involved in the fulfillment and shipping of products and services between Buyers and Sellers, except as set out in the Transaction Processing section. As a result, TheFarmacy.co has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to purchase or pay for items. TheFarmacy.co cannot ensure that a Buyer or Seller will actually complete a transaction.

You agree that TheFarmacy.co is not responsible or liable for any content, which may include data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TheFarmacy.co Site. You agree to use TheFarmacy.co Site and Marketplace at your own risk. TheFarmacy.co may remove any product or content that violates our policies, or Terms and Conditions and may suspend or terminate your account for any violation.

By accessing or using the Sites or Services, you are accepting these Terms of Use and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. You may not access or use the Sites or Services or accept the Terms of Use if you do not have the capacity to enter into these Terms of Use. If you do not agree with all of the provisions of these Terms of Use, do not access and/or use the sites or services.

ACCOUNTS

In order to access or use some (or potentially all) of the features on the Sites and Services, you must first register for an account through our online registration process ("TheFarmacy.co Account”) and provide personal information as prompted by the registration form. The Sites and Services’ collection and use of your personal information are governed and disclosed in our Privacy Policy. A user must be over the age of eighteen (18) to register as a user, create a profile page or otherwise use the Sites and Services or submit personal information to us. You may delete your TheFarmacy.co Account at any time, for any reason, by following the instructions on the Sites. TheFarmacy.co may suspend or terminate your TheFarmacy.co Account in accordance with our termination policy.

You are responsible for maintaining the confidentiality of your TheFarmacy.co Account login information and are fully responsible for all activities that occur under your TheFarmacy.co Account. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration and you represent and warrant that:

(i)You will not use a username (or email address) that is already being used by someone else, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion;

(ii)You will not impersonate another person to gain access to their TheFarmacy.co Account;

(iii)You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it, continuously and promptly to keep it accurate, current, and complete;

(iv)You are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity;

(v)You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Service using your name, username, or password;

(vi)You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and

(vii)You will not sell, transfer, or assign your account or any account rights.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms of Use, any Additional Terms, or any applicable law, then we may suspend or terminate your account. TheFarmacy.co will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the above requirements, representation, and warrants.

TheFarmacy.co may allow login to our Sites or Services through login credentials from third party social networking sites (e.g., Facebook) ("SNS”). If you log in or otherwise associate your TheFarmacy.co Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS. If you elect to share your information with these SNS, we will share information with them in accordance with your election, and the terms of these SNS will apply to the information we disclose to them.

MOBILE DEVICES

Without limiting any other provisions of the Terms of Use, this section is specific to the use of TheFarmacy.co’s downloadable software application(s) (the "App"). TheFarmacy.co grants you a non-transferable, non-exclusive, license to use the App for your personal, noncommercial use, and to install and use the App on your mobile or wireless device or platform. You may not make other use of any content available through the App without our express written consent. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, copy, reproduce, distribute, republish, disassemble, reverse compile or reverse engineer or in any way exploit, in whole or part, in any form or by any means, any of the content found on this App. You may not make any changes to any content that you are permitted to download under these Terms of Use, and by downloading the App you do not acquire any ownership rights in, the downloaded content. We may automatically check the version of the App and provide updates. Updates may include, but are not limited to bug fixes, patches, enhanced functionality, plug-ins, and new versions of the App. By installing the App, you authorize the automatic download and installation of updates and agree to download and install updates manually as requested from time to time.

TheFarmacy.co reserves the right, at any time, to modify, suspend, disable, or permanently discontinue any and all functionality of the App at any time without notice and with no liability to you or to any third party. Excluding your User Content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App are owned by TheFarmacy.co.

You acknowledge and agree that the availability of the App is dependent on the third party app platform from which you received the App, e.g., the Apple App Store® ("App Platform”). You acknowledge that these Terms of Use is between you and TheFarmacy.co and not with the App Platform. TheFarmacy.co, 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. You agree to pay all fees charged by the App Platform in connection with the App. Each App Platform may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.

USER CONTENT

You are responsible for content you post on the Sites and Services, which shall include any and all information and content that a user submits to, or uses with, or posts on the Sites or Services, including without limitation, content in the user’s profile, user reviews and/or postings, text, photos, username, graphics, or other materials ("User Content"). You acknowledge and understand that TheFarmacy.co is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, reliance on its quality or any other aspect any User Content. TheFarmacy.co 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. You assume all risks associated with User Content, or any disclosure by you of information in your User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content. You may not imply that your User Content is in any way sponsored or endorsed by TheFarmacy.co.

You understand that you may expose yourself to liability if, for example, you post for public view, User Content that contains false, intentionally misleading, or defamatory material; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. User Content does not necessarily reflect the opinion of TheFarmacy.co We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.

You are solely responsible for your User Content. You assume all risks associated with the 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 alone are responsible for your User Content. TheFarmacy.co is not obligated to backup any User Content and User Content may be deleted at any time.

As a user of the Sites and Services, TheFarmacy.co encourages certain community conduct which is expected by all users of the online communities. Your participation in the public communities is subject to all of the Terms of Use, which include; all of your User Content be original with you or you have the necessary rights to it; may not contain any visible logos, phrases, or trademarks that belong to third parties; is not plagiarized; may not contain photos, pictures, videos, or images of anyone other than you and your friends and family without their expressed consent. All of your activities on the Sites or Services must be venue appropriate, respectful of others' opinions and comments. User Content that contains cursing, harassing, stalking, personal attacks, threats, abuse, or harm to others, or is defamatory, slanderous, libelous, indecent, obscene, pornographic, or sexually explicit are prohibited. User Content may not advertise or promote a product or service or other commercial activity.

You grant to TheFarmacy.co an irrevocable, nonexclusive, royalty-free and fully paid, transferable, sub-licensable, worldwide license to use, reproduce, adapt, edit, modify, publish, distribute, create derivative works from, promote, exhibit, and publicly display any and all User Content that you post to Sites and Services in any and all media or distribution method, now known or later conceived or developed. TheFarmacy.co does not claim ownership of any User Content that you post to Sites and Services. You also agrees that TheFarmacy.co is free to use perpetually and irrevocably any ideas, concepts, details, or techniques contained in any User Content when using the Sites or Services, for any purposes whatsoever, including, without limitation, publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it ,developing, manufacturing and marketing products or services using such User Content or creating assets, articles, or advertisement based on User Content without obligation, remuneration or attribution of any kind to user or anyone else. You hereby irrevocably grant TheFarmacy.co worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate your User Content for any purpose and in any manner whatsoever, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Except as prohibited by law, user waives any moral rights user may have in any User Content, even if such User Content is altered or changed in a manner not agreeable to user.

By sending TheFarmacy.co any ideas, feedback, documents, proposals or suggestions ("Feedback”), you agree that your Feedback does not contain the confidential or proprietary information of third parties, that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and you grant to TheFarmacy.co an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to all rights in and to the Feedback and agree that TheFarmacy.co shall have the right to use such Feedback and related information in any manner it deems appropriate. TheFarmacy.co will treat any Feedback you provide to TheFarmacy.co as non-confidential and non-proprietary. You agree that you will not submit to TheFarmacy.co any information or ideas that you consider to be confidential or proprietary. TheFarmacy.co does not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas you post on or send to us via the Sites and Services are deemed User Content and licensed to us. Our receipt of your Unsolicited Ideas is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas.

THIRD PARTY MATERIALS

The Sites, Services, and User Content may contain features and functionality, or include or make available third-party content that is independent of TheFarmacy.co (including data, information, articles applications or other products, services and/or materials) or contain links to third party web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole (collectively, "Third Party Materials”). You acknowledge and agree that TheFarmacy.co is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Your interactions with organizations and/or individuals found on or through the Sites and Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. TheFarmacy.co does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials or for any loss or damage of any sort incurred as the result of any dealings with any such third party. 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. If there is a dispute between you and any third party, you understand and agree that TheFarmacy.co is under no obligation to become involved and you hereby release TheFarmacy.co, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

TheFarmacy.co may make available coupons, promotional codes, giveaways, samples, and other offers from merchants and dispensaries (collectively, "Deals”) that constitute "Third Party Materials” under these Terms of Use. All Deals are offered directly by the applicable third party, and may be subject to additional terms, conditions, or restrictions of the third party or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Sites or Services. The third party, and not TheFarmacy.co, is solely responsible for the redemption of the Deal, the compliance of all aspects of the Deal with applicable law, all goods and services it provides to you in connection with the Deal, and any 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. You hereby release and forever discharge TheFarmacy.co (and our officers, employees, agents, successors, and assigns) from 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 any Sites or Services 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.”

ACCEPTABLE USE POLICY

In your use of the Site, Services, or any of TheFarmacy.co's social media pages or channels that collects, uploads, transmits, displays, or distributes any User Content, you agree to TheFarmacy.co’s "Acceptable Use Policy” as follows:

(i)not to violate 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;

(ii)not to use any material or content 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;

(iii)not to violate any law, regulation, or obligations or restrictions imposed by any third party;

(iv)not to assist, encourage, or enable others to use the Sties and Services to violate our rules, violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(v)not to post reviews on the Sites or Services that are not based upon your personal experience or are otherwise designed to provide other users an accurate description of your personal experience;

(vi)not to use material or reviews that contain personally identifying information about any dispensary employees or unrelated personal grievances with any dispensary employees;

(vii)not to promote a business or other commercial venture or event, or otherwise use the Sites and Services for commercial purposes, except in connection with a business profile page and as expressly permitted by TheFarmacy.co;

(viii) not to send bulk emails, surveys, or other mass messages;

(ix)not to engage in keyword spamming, or otherwise attempt to manipulate the Sites and Services’ search results or any third-party website;

(x)not to solicit personal information from minors, or submit or transmit pornography;

(xi)not to violate any applicable law, that advertises any illegal service or the sale of any items which are prohibited or restricted by any applicable law, including, without limitation;

(xii)not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites, Services, or Content (other than your User Content);

(xiii) not to use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Sites, Services, or any Content;

(xiv) not to reverse engineer any portion of the Sites or Services;

(xv)not to remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Sites or Services;

(xvi) not to record, process, or mine information about other users;

(xvii) not to access, retrieve or index any portion of the Sites or Services for purposes of constructing or populating a searchable database of business reviews;

(xviii) not to reformat or frame any portion of the Sites or Services;

(xix) not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on TheFarmacy.co’s technology infrastructure or otherwise make excessive traffic demands of the Sites and Services;

(xx)not to attempt to gain unauthorized access to the Sites and Services, user accounts, computer systems or networks connected to the Sites and Services through hacking, password mining or any other means;

(xxi) not to use the Sites and Services or any Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

(xxii) not to use any device, software or routine that interferes with the proper working of the Sites and Services, or otherwise attempt to interfere with the proper working of the Sites and Services;

(xxiii) not to use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Sites, Services, or Content.

DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SITES AND SERVICES ARE PROVIDED "AS-IS”, "WITH ALL FAULTS" AND "AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UNLESS PROHIBITED BY LAW, THEFARMACY.CO MAKES NO WARRANTY THAT THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

It is with the express understanding that TheFarmacy.co may not monitor, control, or vet user content. Content posted by TheFarmacy.co on any Sites or Services is for informational purposes only. Thefarmacy.co does not endorse, and is not responsible for the accuracy or reliability of, any opinion, advice, statement, or other information made on the Sites or Services, including user content and third party materials. TheFarmacy.co is not responsible for your relationship with any dispensary, retail location, health care provider, or other users of the Sites or Services. TheFarmacy.co is not obligated to screen merchants, health care providers, or their products and services to determine whether they are qualified or authorized by law to provide their services or to determine the accuracy of the information they provide.

Any information accessed through the Sites and Services, or within any of TheFarmacy.co’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. The information on the Sites and Services and provided by TheFarmacy.co’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.

ThFarmacy.co does not make any representations, warranties, or guarantees with respect to any of the merchandise, products, and/or services featured, mentioned, described, given away, sold, or otherwise available on or through the Sites and Services. All transactions for merchandise, products, and/or services, shall solely be between the user and the third party seller, distributor, or manufacturer. If you purchase, order, or obtain merchandise, products and/or services on or through the website or service, please note that TheFarmacy.co has no control over, and assumes no responsibility for, the quality, quantity, size, character, fitness for a particular purpose, specifications, features, functionality, safety, or legality of such merchandise, products and/or services, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such merchandise, products and/or services.

The foregoing disclaimers shall not limit the more general disclaimers elsewhere in this agreement.

LIMITATION ON LIABILITY

YOUR USE OF THE SITES AND SERVICE IS 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. THEFARMACY.CO MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITES AND SERVICES, ITS SAFETY OR SECURITY, OR THE CONTENT. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEFARMACY.CO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT MIGHT ARISE FROM YOUR USE OF THE SITES OR SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEFARMACY.CO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE Terms of Use (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50). 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.

INDEMNITY

You agree to, and you hereby, defend, indemnify, and hold TheFarmacy.co (and its officers, employees, and agents) harmless from and against any and all losses, damages, investigations, liabilities, claims, actions, judgments, awards, penalties, fines, settlements, interest, costs and expenses (including reasonably attorneys’ fees) that directly or indirectly arising from or relating to any claim, suit, action, demand, pre proceeding made or brought against TheFarmacy.co by any third party due to or arising out of (i) your use or misuse of the Sites or Services, (ii) your User Content, (iii) your breach or alleged breach of the Terms of Use or any additional terms; or (iv) your violation of applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental authorities in connection with your use of the Sites and Services. You will cooperate as fully required by TheFarmacy.co in the defense of any Claim and Losses. Notwithstanding the foregoing, TheFarmacy.co retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. TheFarmacy.co reserves the right, at your expense, to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of TheFarmacy.co. TheFarmacy.co will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERMINATION

TheFarmacy.co in its sole discretion, has 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, which includes the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Sites and Services (or any part thereof), immediately and without notice, and remove and discard any User Content within the Sites and Services, for any reason, without limitation, if TheFarmacy.co believes you have acted inconsistently with the letter or spirit of the Terms of Use. Upon termination, your TheFarmacy.co Account and right to access and use the Sites and Services will terminate immediately. You understand that any termination of your TheFarmacy.co Account involves deletion of your User Content associated therewith from our Sites, Services, and live databases. TheFarmacy.co will not have any liability whatsoever to you for any termination of these Terms of Use, including the deletion of your User Content. You may terminate the Terms of Use at any time by closing your account, discontinuing your use of the Service, and providing TheFarmacy.co with a notice of termination. In the event of any termination of the Terms of Use, whether by you or us, the remaining portions of these Terms of Use remain in full force and effect, including our right to use Your Content.

COPYRIGHT POLICY

TheFarmacy.co respects the intellectual property of others and asks that users of our Sites and Services do the same. In connection with our Sites and Services, we have adopted and implemented a policy respecting copyright law that applies to all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, ringtones, wallpapers, games, contests, widgets, artwork, logos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Sites and Services, and the compilation, assembly, and arrangement of the materials of the Sites and Services and any and all copyrightable material (including source and object code); trademarks, logos, trade names, trade dress, service marks, and trade identities (all of the foregoing, collectively "Content"). Infringement of any such copyright and trademark laws provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users who are repeat infringers of intellectual property rights, including copyrights. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by TheFarmacy.co, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any materials not expressly granted to you under these Terms of Use are hereby reserved for TheFarmacy.co and/or its parent, members, managers, subsidiaries affiliates or its licensors. Content on the Sites and Services may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of TheFarmacy.co, unless and except as is expressly provided in these Terms of Use. Any other use of the Content or trademarks of TheFarmacy.co without the prior written authorization of TheFarmacy.co is strictly prohibited. If you believe the copyright or trademark of Content is unlawfully being infringing upon on the Sites or Services, and wish to have the allegedly infringing material removed, please provide us with written notification of such infringement(s) identifying the copyrighted works you believe are being infringed upon, along with your name, address, telephone number, and e-mail address. Send such written notification to:

Copyright Infringement Notification

Attn: Legal Dept.

TheFarmacy.co

ADDRESS

Phone: xxx-xxx-xxxx

Email: copyright@TheFarmacy.co

DISPUTE RESOLUTION

All disputes between you and TheFarmacy.co arising out of, relating to, or in connection with the Sites or Services shall be resolved according to the following procedures:

(i)You and TheFarmacy.co agree to initially try to resolve any dispute, controversy, allegation, or claim, by each sending a written notice providing a reasonable description of the dispute, along with a proposed resolution. Our notice will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this section. Your notice must be sent to: NAME & ADDRESS (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, TheFarmacy.co and you will engage in a best efforts dialogue in order to attempt to resolve the dispute on mutually agreeable terms.

(ii)In the event a resolution cannot be reached as set forth in paragraph (i) above, it is agreed that any and all disputes arising between you and TheFarmacy.co must be resolved by final and binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA”) for commercial arbitration. YOU AND THEFARMACY.CO AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if TheFarmacy.co 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 TheFarmacy.co. California or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and TheFarmacy.co regarding these Terms of Use and the Sites and Services.

CLAIMS

You agree that any claim that may arise from TheFarmacy.co’s Sites and Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Any dispute between you and TheFarmacy.co will be governed by the Terms of Use and the laws of the State of California and any applicable laws of the United States, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

GENERAL TERMS

You acknowledge and agree that TheFarmacy.co may establish limits concerning use of the Sites and Services, and will have no obligation or responsibility to provide you with any support or maintenance in connection with the Sites or Services, or liability for the deletion or failure to store any Content maintained or transmitted by the Sites or Services. These Terms of Use are subject to occasional revision. Any changes will be posted on our Sites and will be effective thirty (30) calendar days following our posting. Continued use of our Sites or Services following notice of such changes shall indicate your acknowledgement and agreement of such changes and to be bound by the revised terms and conditions.

TheFarmacy.co grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Sites and Services, provided that the links and the content on your website do not suggest any affiliation with TheFarmacy.co or cause any other confusion, and the links and the content on your website do not portray TheFarmacy.co or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to TheFarmacy.co We reserve the right to suspend or prohibit linking to the Sites or Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.

These Terms of Use constitutes the entire agreement between you and TheFarmacy.co regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by TheFarmacy.co of any right or power hereunder preclude further exercise of that or any other right hereunder. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions 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 TheFarmacy.co. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TheFarmacy.co’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms of Use shall be binding upon assignees.

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