Welcome to Illa Canna Weed Dispensary. By using the website
located at www.illacanna.com, the related mobile website, and the mobile
application (collectively, the “Websites”), you agree to be bound by these
Terms of Service (this “Terms of Service” or “Agreement”), whether or not you
register as a member of Illa Canna Weed Dispensary (“Member”). If you wish to
become a Member and/or make use of the service (the “Service”), please read
this Agreement. If you object to anything in this Agreement or the Illa Canna
Weed Dispensary Privacy Policy, do not use the Service.
This Agreement is subject to change by Illa Canna Weed
Dispensary at any time, effective upon posting on the relevant website. Your
continued use of the Websites and the Service following Illa Canna Weed
Dispensary posting of revised terms of any section of the Agreement will
constitute your express and binding acceptance of and consent to the revised
Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement.
This Agreement is an electronic contract that sets out the
legally binding terms of your use of the Websites and the Service. This
Agreement may be modified by Illa Canna Weed Dispensary from time to time, such
modifications to be effective upon posting by Illa Canna Weed Dispensary on the
Websites. By accessing and/or using the Websites or becoming a Member, you
accept this Agreement and agree to the terms, conditions and notices contained
or referenced herein.
Access and Retention.
In order to access and retain this electronic Agreement, you
must have access to the Internet, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program.
Commercial Use of Service. If you are using the Service
and/or accessing the Websites on behalf of a company, entity, or organization
(collectively, a "Subscribing Entity"), you represent and warrant
that:
You are an authorized representative of the Subscribing
Entity, and that you have the authority to bind the Subscribing Entity to this
Terms of Service;
You have read and understand this Terms of Service; and You
agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include,
but are not limited to, browsing or downloading illegal content, collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email, unauthorized framing of or linking to
the Websites, sharing or disclosing your username or password to any third
party or permitting any third party to access your account, attempting to
impersonate another user or person, use of the Websites in any fraudulent or
misleading manner, any automated use of the system, such as scraping the
Websites, automated scripts, spiders, robots, crawlers, data mining tools or
the like, interfering with, disrupting, or creating an undue burden on the
Websites or the networks or services connected to the Websites, and using the
Websites in a manner inconsistent with any and all applicable laws and
regulations. Illegal and/or unauthorized use of the Websites may be
investigated, and appropriate legal action may be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Websites and
Service is with the permission of Illa Canna Weed Dispensary, which may be
revoked at any time, for any reason, in Illa Canna Weed Dispensary’s sole
discretion.
Account Security. You are responsible for maintaining the
confidentiality of the username and password that you designate during the
registration process, and you are fully responsible for all activities that
occur under your username and password. You agree to (a) immediately notify
Illa Canna Weed Dispensary of any unauthorized use of your username or password
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. Illa Canna Weed Dispensary will not be liable for
any loss or damage arising from your failure to comply with this provision. You
should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information. If you share your computer with others, you may
wish to consider disabling your auto-login feature if you have it linked to
your Illa Canna Weed Dispensary account.
Your Use of the Websites
You may not browse or download illegal content.
You must not copy or capture, or attempt to copy or capture,
any content from the Websites (the “Content”) or any part of the Websites,
unless given express permission by Illa Canna Weed Dispensary.
You must not copy, republish, adapt, make available or
otherwise communicate to the public, display, perform, transfer, share,
distribute or otherwise use or exploit any Content on or from the Platform,
except (i) where such Content is created by you (such content, “Your Content”),
or (ii) as permitted under these Terms of Service, and within the parameters
set by the person or entity that uploaded the Content (the “Uploader”) (for
example, under the terms of Creative Commons licenses selected by the Uploader).
You must not use any Content (other than Your Content) in
any way that is designed to create a separate content service or that
replicates any part of the Websites’ offering.
You must not employ scraping or similar techniques to
aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ the use of bots, botnets, scripts, apps,
plugins, extensions or other automated means to register accounts, log-in, post
comments, or otherwise to act on your behalf, particularly where such activity
occurs in a multiple or repetitive fashion. You must not offer or promote the
availability of any such techniques or services to any other users of the
Websites.
You must not alter or remove, or attempt to alter or remove,
any trademark, copyright or other proprietary or legal notices contained in, or
appearing on, the Websites or any Content appearing on the Websites (other than
Your Content).
You must not, and must not permit any third party to, copy
or adapt the object code of the Websites, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or object code of
any part of the Websites, or circumvent or attempt to circumvent or copy any
copy protection mechanism or access any rights management information
pertaining to Content other than Your Content.
You must not use the Websites to upload, post, store,
transmit, display, copy, distribute, promote, make available or otherwise
communicate to the public:
You must not commit or engage in, or encourage, induce,
solicit or promote, any conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to the Websites, or
any Content on the Websites, although this will not prevent you from including
links from Your Content to any legitimate online download store from where any
item of Your Content may be purchased.
You must not deliberately impersonate any person or entity
or otherwise misrepresent your affiliation with a person or entity, for
example, by registering an account in the name of another person or company, or
sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise
harass another user, or any Illa Canna Weed Dispensary employee. If we feel
that your behavior towards any of our employees is at any time threatening or
offensive, we reserve the right to immediately terminate your membership and
you will not be entitled to any refund of unused subscription fees.
You must not sell or transfer, or offer to sell or transfer,
any Illa Canna Weed Dispensary account to any third party without the prior
written approval of Illa Canna Weed Dispensary.
You must not collect or attempt to collect personal data, or
any other kind of information about other users, including without limitation,
through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or
circumvent any data security measures employed by Illa Canna Weed Dispensary or
any Uploader; access or attempt to access data or materials which are not
intended for your use; log into, or attempt to log into, a server or account
which you are not authorized to access; attempt to scan or test the
vulnerability of Illa Canna Weed Dispensary's servers, system or network or
attempt to breach Illa Canna Weed Dispensary's data security or authentication procedures;
attempt to interfere with the Websites or the Services by any means including,
without limitation, hacking Illa Canna Weed Dispensary's servers or systems,
submitting a virus, overloading, mail-bombing or crashing. Without limitation
to any other rights or remedies of Illa Canna Weed Dispensary under these Terms
of Service, Illa Canna Weed Dispensary reserves the right to investigate any
situation that appears to involve any of the above, and may report such matters
to, and cooperate with, appropriate law enforcement authorities in prosecuting
any users who have participated in any such violations.
You agree to comply with the above conditions, and
acknowledge and agree that Illa Canna Weed Dispensary has the right, in its
sole discretion, to terminate your account or take such other action as we see
fit if you breach any of the above conditions or any of the other terms of
these Terms of Service. This may include taking court action and/or reporting
offending users to the relevant authorities.
Representations and Warranties. You hereby represent and
warrant to Illa Canna Weed Dispensary as follows:
Your Content, and each and every part thereof, is an
original work by you, or you have obtained all rights, licenses, consents and
permissions necessary in order to use, and (if and where relevant) to authorize
Illa Canna Weed Dispensary to use, Your Content pursuant to these Terms of
Service, including, without limitation, the right to upload, reproduce, store,
transmit, distribute, share, publicly display, publicly perform, make available
and otherwise communicate to the public Your Content, and each and every part
thereof, on, through or via the Websites, any and all Services and any third
party services.
Your Content and the availability thereof on the Platform
does not and will not infringe or violate the rights of any third party,
including, without limitation, any intellectual property rights, performers’
rights, rights of privacy or publicity, or rights in confidential information.
You have obtained any and all necessary consents,
permissions and/or releases from any and all persons appearing in Your Content
in order to include their name, voice, performance or likeness in Your Content
and to publish the same on the Websites and via any third party services.
Your Content, including any comments that you may post on
the Websites, is not and will not be unlawful, offensive, abusive, libelous,
defamatory, obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, will not promote violence, terrorism, or illegal acts, or
incite hatred on grounds of race, gender, religion or sexual orientation.
Your Content does not and will not create any liability on
the part of Illa Canna Weed Dispensary, its subsidiaries, affiliates,
successors, and assigns, and their respective employees, agents, directors,
officers and/or shareholders.
Illa Canna Weed Dispensary reserves the right to remove Your
Content, suspend or terminate your access to the Platform and/or pursue all
legal remedies if we believe that any of Your Content breaches any of the
foregoing representations or warranties, or otherwise infringes another
person’s rights or violates any law, rule or regulation.
Term.
This Agreement will remain in full force and effect while
you use the Websites and/or Service. You may terminate your membership and/or
subscription at any time by contacting us at info@illacanna.com. If you resign
or cancel your membership and/or subscription to Illa Canna Weed Dispensary, to
help Illa Canna Weed Dispensary analyze and improve the Service, you may be
asked to provide a reason for your resignation/cancellation. Illa Canna Weed
Dispensary may terminate your membership and/or subscription for any reason by
sending notice to you at the email address you provide in your application for
membership, or such other email address as you may later provide to Illa Canna
Weed Dispensary. If Illa Canna Weed Dispensary terminates your membership in
the Service because you have breached this Agreement, you will not be entitled
to any refund of unused subscription fees. All decisions regarding the
termination of accounts shall be made in the sole discretion of Illa Canna Weed
Dispensary. Illa Canna Weed Dispensary is not required to provide you notice
prior to terminating your membership and/or subscription. Illa Canna Weed
Dispensary is not required, and may be prohibited, from disclosing a reason for
the termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
such termination.
Modifications to Service. Illa Canna Weed Dispensary
reserves the right at any time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that Illa Canna Weed Dispensary shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses. In order to protect the integrity
of the Services, Illa Canna Weed Dispensary reserves the right at any time in
its sole discretion to block Members from certain IP addresses from accessing
the Websites.
Content.
Proprietary Rights. Illa Canna Weed Dispensary retains all
proprietary rights in the Websites and the Service. The Websites contains the
copyrighted material, trademarks, and other proprietary information of Illa
Canna Weed Dispensary, and its licensors. Except where we have given you
express written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information. All
content on Illa Canna Weed Dispensary is proprietary. Except where otherwise specified
in this Agreement, all Content is copyrighted material of Illa Canna Weed
Dispensary and for Illa Canna Weed Dispensary's Members' use only. Distribution
of Content to others is strictly prohibited. You agree that Illa Canna Weed
Dispensary would be irreparably harmed by any violation or threatened violation
of this section and that, therefore, Illa Canna Weed Dispensary shall be
entitled to an injunction prohibiting you from any violation or threatened
violation of this section, without posting bond, in addition to any other right
or remedy it may have.
We may provide links to third party websites, and some of
the content appearing on Illa Canna Weed Dispensary may be supplied by third
parties. Illa Canna Weed Dispensary has no responsibility for these third party
websites nor for their content, which is subject to and governed by the Terms
of Service and/or privacy policies, if any, of the applicable third party
content providers.
Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or
the Service (“Your Content”) shall become the property of Illa Canna Weed
Dispensary.
However, with respect to Your Content, Illa Canna Weed
Dispensary grants you a worldwide, royalty-free and non-exclusive license(s) to
use, distribute, reproduce, and publicly display such content, except with
regard to commercial or for-profit use account.
Any Content other than Your Content is the property of the
relevant Uploader, and is or may be subject to copyright, trademark rights or
other intellectual property or proprietary rights. Such Content may not be
downloaded, reproduced, distributed, transmitted, re-uploaded, republished,
displayed, sold, licensed, made available or otherwise communicated to the
public or exploited for any purposes except via the features of the Websites
from time to time and within the parameters set by the Uploader on the Service
or with the express written consent of the Uploader. Where you repost another
user's Content, or include another user's Content in a set, you acquire no
ownership rights whatsoever in that Content. Subject to the rights expressly
granted in this section, all rights in Content are reserved to the relevant
Uploader.
Restrictions on Use of Materials.
You acknowledge that Illa Canna Weed Dispensary contains
images, text, and other content (collectively, “Intellectual Property”) that is
protected by copyrights, patents, trademarks, trade secrets and/or other
proprietary rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereafter developed. All Intellectual
Property is copyrighted under the United States copyright laws (and, if
applicable, similar foreign laws), and Illa Canna Weed Dispensary owns a copyright
in the selection, coordination, arrangement and enhancement of such
Intellectual Property. All trademarks appearing on this Websites are trademarks
of their respective owners. You may not modify, publish, transmit, distribute,
perform, participate in the transfer or sale, create derivative works of, or in
any way exploit, any of the Intellectual Property, in whole or in part. When
Intellectual Property is downloaded to your computer, you do not obtain any
ownership interest in such Intellectual Property. Modification of the
Intellectual Property or use of the Intellectual Property for any other
purpose, including, but not limited to, use of any Intellectual Property in
printed form or on any other website or networked computer environment is strictly
prohibited unless you receive our prior written consent.
Copyright Policy.
Illa Canna Weed Dispensary prohibits the submission or
posting of any information that infringes or violates the copyright rights
and/or other intellectual property rights (including rights of privacy and
publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2)
or for any other claim of copyright infringement, you hereby agree that
notifications of claimed copyright infringement be sent by certified mail to:
1051 S Broadway, Los Angeles, CA 90015
If you believe that your intellectual property right (or
such a right that you are responsible for enforcing) is infringed by any
content on the Site, please write to Illa Canna Weed Dispensary at the address
shown above, giving a written statement that contains:
identification of the copyrighted work and/or intellectual
property right claimed to have been infringed;
your name, address, and daytime telephone number, and an
e-mail address if available;
a statement that you have a good faith belief that the use
of the copyrighted work and/or exercise of the intellectual property right is
not authorized by the owner, its agent, or the law;
a statement that the information in the notification is
accurate, and, under penalty of perjury, that the signatory is authorized to
act on behalf of the owner of the right that is allegedly infringed; and
the signature of the intellectual property right owner or
someone authorized on the owner’s behalf to assert infringement of the right.
Illa Canna Weed Dispensary will process any notice of
alleged infringement which it receives and will take appropriate action as
required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or
other applicable copyright law. U.S. law provides significant penalties for
submitting such a statement falsely. Under appropriate circumstances, persons
who repeatedly submit infringing or unlawful material will be prohibited from
posting further submissions.
Liability for Content.
You hereby acknowledge and agree that Illa Canna Weed
Dispensary (i) stores Content and other information at the direction, request
and with the authorization of its users, (ii) acts merely as a passive conduit
and/or host for the uploading, storage and distribution of such Content, and
(iii) plays no active role and gives no assistance in the presentation or use
of the Content. You are solely responsible for all of Your Content that you
upload, post or distribute to, on or through the Websites, and to the extent
permissible by law, Illa Canna Weed Dispensary excludes all liability with
respect to all Content (including Your Content) and the activities of its users
with respect thereto.
You hereby acknowledge and agree that Illa Canna Weed
Dispensary cannot and does not review the Content created or uploaded by its
users, and neither Illa Canna Weed Dispensary nor its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers and shareholders
has any obligation, and does not undertake or assume any duty, to monitor the
Websites for Content that is inappropriate, that does or might infringe any
third party rights, or has otherwise been uploaded in breach of these Terms of
Service or applicable law.
Illa Canna Weed Dispensary and its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers and shareholders
hereby exclude, to the fullest extent permitted by law, any and all liability
which may arise from any Content uploaded to the Websites by users, including,
but not limited to, any claims for infringement of intellectual property
rights, rights of privacy or publicity rights, any claims relating to
publication of defamatory, pornographic, obscene or offensive material, or any
claims relating to the completeness, accuracy, currency or reliability of any
information provided by users of the Websites. By using the Websites, you
irrevocably waive the right to assert any claim with respect to any of the
foregoing against Illa Canna Weed Dispensary or any of its subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers or
shareholders.
Repeat Infringers.
Illa Canna Weed Dispensary will suspend or terminate your
access to the Websites if Illa Canna Weed Dispensary determines, in its sole
and reasonable discretion, that you have repeatedly breached these Terms of
Service.
If we receive a valid notification from a third party in
accordance with our reporting processes or applicable law that any of Your
Content infringes the copyright or other rights of such third party, or if we
believe that your behavior is inappropriate and violates our Terms of Service,
we will send you a written warning to this effect.
Any user that receives more than two of these warnings is
liable to have their access to the Websites terminated forthwith.
We will also suspend or terminate your account without
warning if ordered to do so by a court, and/or in other appropriate
circumstances, as determined by Illa Canna Weed Dispensary at its sole
discretion.
Please note that we do not offer refunds to Members whose
accounts are terminated as a result of repeated infringement of these Terms of
Service.
Limitation of Liability.
In no event shall Illa Canna Weed Dispensary be liable for
any damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or relating to
the Websites or Service, or use thereof. Nothing contained in this Websites or
in any written or oral communications from Illa Canna Weed Dispensary or its
employees or agents shall be construed to make any promise, covenant, or
guaranty, all of which are explicitly disclaimed hereby, contrary to the statements
and disclaimers contained in this paragraph.
The content and functionality on the Websites and the
services provided by employees of the Websites are offered “as is” without
warranty of any kind, either express or implied, including, without limitation,
implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement. Illa Canna Weed Dispensary makes no warranties, express
or implied, as to the ownership, accuracy, completeness or adequacy of the
Websites’ content or that the functionality of the Websites will be uninterrupted
or error-free or free from virus or third party attack. You hereby acknowledge
that your use of the Websites and the Service is at your sole risk. UNDER NO
CIRCUMSTANCES SHALL Illa Canna Weed Dispensary, ITS OFFICERS, OWNERS, EMPLOYEES
OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY
TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING
WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES,
EVEN IF Illa Canna Weed Dispensary HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN
NO EVENT WILL Illa Canna Weed Dispensary HAVE ANY LIABILITY, CONTINGENT OR
OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE
SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF
GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT;
WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT
ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES,
EVEN IF Illa Canna Weed Dispensary HAS BEEN ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE,
INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are
deemed to be unenforceable, to the greatest extent permitted by law, you agree
that the entire aggregate liability of Illa Canna Weed Dispensary and sole
remedy available to any Member in any case in any way arising out of or
relating to the Agreement, Websites or the Service shall be limited to monetary
damages that in the aggregate may not exceed the greater of $500.00 or the sum
of any amount paid by the Member or user to Illa Canna Weed Dispensary during
the six months prior to notice to Illa Canna Weed Dispensary of the dispute for
which the remedy is sought.
Indemnity by You.
You agree to indemnify and hold Illa Canna Weed Dispensary,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, arising out of or related to:
Attorney Fees.
In the event that Illa Canna Weed Dispensary is successful
in whole or in part in any action or proceeding related to or arising from this
Agreement, you shall be responsible for Illa Canna Weed Dispensary's attorneys'
fees and costs.
Parental or Guardian Permission.
In the event that Illa Canna Weed Dispensary is successful
in whole or in part in any action or proceeding related to or arising from this
Agreement, you shall be responsible for Illa Canna Weed Dispensary's attorneys'
fees and costs.
Privacy.
Use of the Websites and/or the Service is also governed by
our Privacy Policy, located at https://illacanna.com/privacy
Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Websites and/or
the Service, by using the Websites and/or Service, you expressly agree that any
such dispute shall be governed by the laws of the State of California, without
regard to its conflict of law provisions, and you expressly agree and consent
to the exclusive jurisdiction and venue of the state and federal courts of the
State of New York, for the resolution of any such dispute. Acceptance of the
terms and conditions of this Agreement constitutes your consent to be sued in
such courts and to accept service of process outside the State of California
with the same force and effect as if such service had been made within the
State of California. You hereby agree to accept service of process for any
action hereunder by certified mail return receipt requested which service shall
have the same force and effect as though service had been effected by personal
service in the applicable jurisdiction. If any part of these terms is unlawful,
void, or unenforceable, that part will be deemed severable and will not affect
the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the
Websites and/or Service, you agree that any and all disputes, claims and causes
of action (collectively, “Claim”) arising out of or connected with the Websites
and/or Service, shall be resolved individually, without resort to any form of
class action, exclusively by binding arbitration under the rules of the
American Arbitration Association for full and final settlement of such Claim,
and judgment on the award rendered in the arbitration may be entered in any
court having jurisdiction thereof. Such arbitration shall be held in accordance
with the Rules for Expedited Procedures under the Commercial Arbitration Rules
of the American Arbitration Association or other mutually agreeable
organization, before a single arbitrator (with knowledge and expertise of
copyright law if the claim is all or partially for copyright infringement),
selected by agreement of both parties or by an independent mediator (with
knowledge and expertise of copyright law if the claim is all or partially for
copyright infringement) if the parties are unable to agree. The parties shall
split the arbitration and/or mediator costs. An award rendered by the
arbitrator(s) may be entered and confirmed by the courts of the State of California,
County of San Francisco. The parties agree that any post-arbitration action
seeking to enforce an arbitration award or action seeking equitable or
injunctive relief shall be brought exclusively in the courts of the State of
California, County of San Francisco.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in
this Agreement, there shall be no third party beneficiaries to this Agreement.
Availability Outside the U.S.
If you access Illa Canna Weed Dispensary from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. If you access the Websites from outside of
the United States, you acknowledge that any personal information you provide
will be processed in the United States and other geographies as selected by us
in our sole discretion, and you hereby consent to the collection and processing
of your personal information in a manner consistent with this Agreement and the
Privacy Policy.
Entire Agreement.
This Agreement contains the entire agreement between you and
Illa Canna Weed Dispensary regarding the use of the Websites and/or the
Service.
Severability; Waiver.
If any provision of this Agreement is found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term.
In addition, Illa Canna Weed Dispensary’s failure to enforce any term of this
Agreement shall not be deemed as a waiver of such term or otherwise affect Illa
Canna Weed Dispensary’s ability to enforce such term at any point in the
future.
Headings.
The section headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or
interpretation of this Agreement.
Please contact us with any questions regarding this
agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
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