You must be 21 years of age or older to use the Site and/or Services within the United States.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY INCLUDING ALL FEATURES AND CONTENT. CONTENT POSTED BY US ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS. WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, GROWER, PROCESSOR, PRODUCER, RETAIL LOCATION, HEALTH CARE PROVIDER, OR OTHER USERS OF THE SITE OR SERVICES. WE ARE NOT OBLIGATED TO SCREEN DISPENSARIES, GROWERS, PROCESSORS, PRODUCERS, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
CANNAFIEDS DOES NOT OFFER MEDICAL ADVICE IN ANY WAY. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF OUR SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND CANNAFIEDS GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., REVIEWS, STRAIN HIGHLIGHTS, ATTRIBUTES, IMAGES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA OUR SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON OUR SOCIAL MEDIA PAGES AND CHANNELS.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site & Services
The Site and the Cannafieds services function as a cannabis or medical cannabis dispensary locator service for medical patients and adult users in jurisdictions where medical and/or adult cannabis use is legally permissible. Cannafieds provides locator services only. Cannafieds is not a merchant of cannabis or cannabis products, or provider of any retail, pickup, or delivery services in connection therewith, and does not control the participating dispensaries or other businesses featured on the Site (the “Dispensary” or “Dispensaries”) or the production of any cannabis of cannabis products, or any retail, pickup, or delivery services therewith.
Cannafieds does not in any way verify the credentials or representations of any of the Dispensaries, the information provided by the Dispensaries on the Site, the quality of their products or services, or any Dispensaries. compliance with applicable laws.
Cannafieds does not guarantee the quality of any Dispensary or any product or service offered in connection therewith or any compliance thereof with applicable laws. Additionally, a Dispensary may represent certain standards with respect to their products such as “organic” or “sustainable;” Cannafieds does not investigate or verify any such representations. Cannafieds shall not be liable or responsible for any products or services offered by the Dispensaries or any errors or misrepresentations made by them (including on the Site). You also acknowledge and agree that Cannafieds will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. Cannafieds displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not Cannafieds, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
Cannafieds Intellectual Property
Cannafieds name and logo designs are trademarks or trade dress of Cannafieds and/or its related entities in the U.S. and other countries, whether or not federal registration has been pursued (“Cannafieds’s Trademarks”). Cannafieds’ Trademarks and trade dress may not be used without permission and may not be used in connection with any product or service that is not a Cannafieds-endorsed product or service. All other trademarks not owned by Cannafieds that appear on the Site are the property of their respective owners.
We may use all user content included in or made available through the Site, such as reviews, text, graphics, photographs, logos, images, audio clips, digital downloads, and data (collectively the “Materials”) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (.Other Media.). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use the Materials for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access the Materials in connection with their use of the Site and any Other Media. Finally, you irrevocably waive and cause to be waived, against Cannafieds and its users any claims and assertions of moral rights or attribution with respect to the Materials. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of the Materials.
You acknowledge and agree that Cannafieds is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Cannafieds 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 agree not to use the Site, Services, or any of Cannafieds’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
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 hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Cannafieds. Because you alone are responsible for your User Content (and not Cannafieds), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Cannafieds is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
Digital Millennium Copyright Act:
Cannafieds respects the intellectual property rights of others. If you believe in good faith that materials hosted by Cannafieds infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to Cannafieds. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
- An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material)
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please send this written notice to our designated agent as follow: firstname.lastname@example.org
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.
Your Postings on the Site
The Site allows users to interact with other users by uploading Materials to the Site. You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Materials. When you publish or post a Materials, you hereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Materials does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- your Materials are not (in all cases as determined by Cannafieds in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, discriminatory, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Materials do not constitute, contain, install or attempt to install or promote or otherwise contain any viruses, worms, Trojan horses, malicious code, spyware, malware, or other or any other computer code or harmful or destructive content, whether on Cannafieds’s or others. computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
- your Materials do not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
- your Materials do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Cannafieds in its sole and absolute discretion.
- you should have firsthand experience with the Dispensary;
- you are not an owner or employee of the dispensary, or affiliated with any competitors of the Dispensary;
- you will not make any conclusions as to the legality of the Dispensary’s products, services, or conduct; and
User Restrictions and Prohibited Content
Term & Termination
The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Cannafieds of the content, materials, or information available on such third party websites. Cannafieds is not responsible for the content, materials, or information available on linked third party sites and does not make any warranty or representation regarding same. Nor does Cannafieds make any warranty or representation regarding, nor does it endorse, any linked third-party websites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that Cannafieds endorses, is affiliated or associated with, the linked-third-party site. If you decide to access linked third-party websites, you do so at your own risk.
In general, Cannafieds does not object to links to the Site from third-party websites. Unless Cannafieds has a written agreement with you, you may not use any Cannafieds trademarks, service marks, or trade names in or with your links. You may not present the link to the Site in any way that suggests Cannafieds has any relationship or affiliation with your website or endorses, sponsors, or recommends the information, products or services on your site unless you have a specific written agreement with Cannafieds to do so. You may link to the Site using the plain text name of the Site. Link only to the homepage of the Site. Do not, without Cannafieds’ written permission: (a) incorporate any of our content into your website (e.g., by in-lining or framing); (b) use any of Cannafieds’ trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Cannafieds or the Site in any “metatag”. Cannafieds will not tolerate links from any website that may adversely affect the name, reputation and/or goodwill of Cannafieds. Cannafieds reserves the right to terminate permission to link to the Site at any time, for any reason.
When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Site, about any of our products or services, or for such other purposes as we deem appropriate. If you do not want to receive an email from us in the future, you may opt-out by following the unsubscribe instructions contained in the email you receive.
Cannafieds reserves the right but does not have the obligation to:
- in Cannafieds’ sole and absolute discretion, remove from the Site, or otherwise disable, all files and content that are excessive in size or are in anyway burdensome to the Site’s systems; and
- otherwise manage the Site in a manner designed to protect the rights and property of Cannafieds and others and to facilitate the proper functioning of the Site.
Limitation of Liability
Your use of the Site is solely at your own risk. The Site and all content and information contained therein is offered “as is” and on an “as available” basis unless otherwise specified in writing. Cannafieds makes no representations or warranties of any kind, express or implied, as to the operation of the Site.
CANNAFIEDS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PROHIBITED UNDER THE LAW. CANNAFIEDS DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. CANNAFIEDS IS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY THIRD PARTY USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Depending upon the state in which you reside, some of the foregoing may not apply to you.
Notice for California Users
Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.