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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
Copyright Infringement Notification
Attn: Legal Dept.
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.
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.