Acceptance of Terms
The following terms and conditions (these “Terms”) govern your access to and use of the Clubcartridges.com website (the “Site”), including various services and content (the “Services”) provided through the Site. For purposes of these Terms, references to the “Company,” “we,” “our,” and “us” mean the owner and operator of the Site.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.
Changes and Additional Terms
We may modify these Terms from time to time in our sole discretion. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time. Please check this page frequently so you are aware of any changes. In addition, when using particular Services, you are subject to any posted guidelines, rules, or additional terms applicable to those Services. All such guidelines, rules, or additional terms are hereby incorporated by reference into these Terms.
License Grant and Restrictions
The Site and Services are owned by the Company, its licensors, or other providers, and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. We hereby grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Site and Services, solely for your own personal, non-commercial use, subject to these Terms. All rights not expressly granted to you in these Terms are reserved by the Company or its licensors.
Except as expressly authorized by the Company or its licensors, you will not (i) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site in any way; (ii) copy, modify, republish, distribute, or make derivative works based upon the Site; (iii) “frame” or “mirror” the Site on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Site or its Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Site, or (c) copy any ideas, features, functions, or graphics of the Site.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of the Company or its licensors. You are not permitted to use the Marks without the prior written consent of the Company or its licensors.
Accessing the Site and Services
You may only access the Site if you are at least 21 years of age or a valid medical marijuana patient. To access some Services, such as community updates, you may be asked to provide your email address or other information. It is a condition of your use of the Site and Services that all information you provide is complete, current, and accurate.
You may use the Site and Services only for lawful purposes and in accordance with these Terms, and you agree not to:
- Use the Site or Services for any activity that infringes the rights of any party, violates contractual or fiduciary relationships, or is otherwise unlawful.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by the Company, may harm the Company or Site users or expose them to liability.
- Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs of a destructive or otherwise malicious nature.
- Use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or Services.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
Monitoring and Enforcement
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site or Services for any or no reason, including without limitation, any violation of these Terms.
You agree not to pursue the Company for claims resulting from the Company’s or law enforcement’s actions relating to the termination or suspension of your access to the Site or Services or any law enforcement investigations.
Linking to the Site
You may link to the Site’s homepage or other pages, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without our express written consent.
Changes to the Site
We may update the content on this Site from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update it.
Information about You
The owner of this Site is based in the United States. The Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We do not guarantee or warrant that the Site or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
Governing Law and Jurisdiction
By accessing the Site, you agree that all matters relating to your access to, or use of, the Site will be governed by the laws of the State of Washington, without regard to the conflicts of laws or principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in King County, Washington.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.