The Services are not for use by those under the age of 21. If you are under the age of 21 please do not use the Services.
If you do not agree with all of the provisions of this Agreement, please do not use the Service. This Agreement is the complete and exclusive agreement between you and WGE with respect to the subject matters hereof (including the Service, Site and the Apps) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements or Terms of Service). All users shall still be subject to this Agreement.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Agreement Version Date: June 7, 2017
End User License Agreement.
- License. WGE provides search services for cannabis information. The use of the Services are governed by this Agreement. Subject to the terms of this Agreement, WGE grants you a non-transferable, non-exclusive, revocable, limited license to use the Service for your personal use. Also subject to the terms of this Agreement, WGE grants you a non-transferable, non-exclusive license to use a copy of the App downloaded solely in connection with the Service on a mobile device that you own or control (collectively the “License”).
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, Site or any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Service, Site or any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the Site or any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of the Service, Site or App shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Site content must be retained on any copies. This App is for personal/consumer use only and not for commercial purposes. By downloading and using the App and the Services, you represent that you are in compliance with the restrictions set forth in these Terms.
- Local Laws. WGE makes no representation that the Service, Site or any App is appropriate for use in locations other than the United States. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
- Modification. WGE reserves the right, at any time, to modify, suspend, or discontinue the Service, Site or App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that WGE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or App or any part thereof.
- Ownership. Apps provided to you are licensed to you and not sold. WGE (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Service, Site and all Apps. This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The WGE name, logo, and the product names associated with the Service belong to WGE (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. WGE (and its licensors, where applicable) reserve all rights not granted in this Agreement.
- User Content. Any and all content that a user uploads, distributes, or otherwise provides via the Service is known as “User Content”. You are solely responsible for your User Content. You assume all risks associated with 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 WGE. WGE 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.
- License. By uploading, distributing, or otherwise using your User Content with the Service, you automatically grant, and you represent and warrant that you have the right to grant, to WGE an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on the Service.
- Feedback. If you provide WGE any feedback or suggestions (“Feedback”), you hereby assign to WGE all rights in the Feedback and agree that WGE shall have the right to use such Feedback and related information in any manner it deems appropriate. WGE will treat any Feedback you provide to WGE as non-confidential and non-proprietary. You agree that you will not submit to WGE any information or ideas that you consider to be confidential or proprietary.
- Acceptable Use Policy. The following sets forth WGE’s “Acceptable Use Policy”:
- (a) You agree not to use the Service to upload, distribute, or otherwise use any User Content (a) that 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) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
- (b) You agree not to use the Service to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Service or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Service, Site or App.
- Enforcement. We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify any User Content at any time for any reason in our sole discretion with or without notice to you.
Term and Termination.
- This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with this Agreement.
- Notwithstanding the forgoing, if you used the Service prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use the Service (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Service, unless earlier terminated in accordance with this Agreement.
- We may (a) suspend your rights to use the Service, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, WGE reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to WGE by the copyright owner or the copyright owner’s legal agent.
- Upon termination of this Agreement, your right to use the Service will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. WGE will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 6, 7, 8, 9, and 10.
You agree to defend, indemnify and hold harmless WGE (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Service, (ii) your User Content, or (iii) your violation of this Agreement. WGE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WGE and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of WGE. WGE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Privacy and Data Collection.
- WGE’s Service, Site, and App are not intended for, or designed to attract, individuals under the age of 21 and as such, we do not intentionally gather information from individuals who are under the age of 21. Upon notification that an individual under 13 has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records.
- You agree that personal information, technical information, User Content, and any other data collected or received by WGE in connection with the Service, Site, and/or App may be transferred, stored and processed worldwide by WGE, our affiliates, or our third party data processing partners. By downloading, installing, or using the Service, Site, and/or App you consent to the processing of both technical and Personal Information worldwide.
- You access the Services via a mobile device (“Mobile Application”). To use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. WGE does not warrant that the Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. WGE hereby grants you a non-exclusive, nontransferable, revocable license to use a compiled code copy of the Mobile Application for one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that WGE may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and WGE or its third-party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. WGE reserves all rights not expressly granted under these Terms. The Mobile Application originates in the United States. You agree to comply with all United States and foreign laws related to use of the Mobile Application and the Services.
- Mobile Application from App Store by Apple. The following applies to any Mobile Application you acquire from the App Store (“App Store-Sourced Application”): You acknowledge and agree that these Terms are solely between you and WGE, not Apple, and that Apple has no responsibility for the App Store-Sourced Application or content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to WGE as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Application or your possession and/or use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to WGE as provider of the application. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, WGE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and WGE acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Application against you as a third-party beneficiary thereof.
- THE SERVICE, SITE AND APP ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WGE (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM 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. WGE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE, SITE OR APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability.
- IN NO EVENT SHALL WGE (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR WGE’S PRIVACY PRACTICES, THE SERVICE, SITE OR APP, EVEN IF WGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, SITE AND APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WGE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR WGE’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID WGE IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL WGE’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
- 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.
- Changes to this Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to WGE (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or App. Continued use of our Site or App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this policy from time to time to ensure you are aware of any changes.
- Notice. You are responsible for providing WGE with your most current e-mail address. In the event that the last e-mail address you have provided to WGE is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, WGE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Any notice provided to WGE pursuant to this Agreement should be sent to: firstname.lastname@example.org. All notices under this Agreement must be in English.
- Governing Law and Dispute Resolution.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for disputes that can be brought in small claims court, all disputes between you and the WGE, including any dispute regarding this Agreement, shall be exclusively settled through binding arbitration. Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the San Diego office of JAMS (“JAMS”) in accordance with its then-existing Comprehensive Arbitration Rules & Procedures, and sole and exclusive venue and jurisdiction is so vested and consented to by both parties. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering, or punitive, indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, costs and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. For any dispute or claim arising under this Agreement that is not a Claim or that is not arbitrable as a matter of law, each party irrevocably agrees that the federal and state courts located in San Diego, California shall have jurisdiction to settle such dispute or claim, and each party irrevocably submits to such jurisdiction and irrevocably waives any objections based on inconvenient forum.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If the arbitration in this section provision is found unenforceable or not to apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in San Diego, California.
- Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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.
Application Store Additional Terms and Conditions.
The following additional terms and conditions apply to you if you are using our App from the Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Application Store, as applicable.
- Acknowledgement. WGE and you acknowledge that this Agreement is concluded between WGE and you only, and not with a third party, and WGE, not a third party, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting third party terms applies, as applicable.
- Scope of License. The license granted to you for App is for personal use only and is limited to a non-transferable license to use App on a maximum of one (1) mobile device that you own or control and as permitted by the Usage Rules set forth in the third party App Store Terms and Conditions (the “Usage Rules”).
- Maintenance and Support. WGE is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. WGE and you acknowledge that third parties have no obligation whatsoever to furnish any maintenance and support services with respect to App. All support services will be offered in English.
- Warranty. WGE is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the Application Store, and the Application Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, third parties will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WGE’s sole responsibility.
- Product Claims. WGE and you acknowledge that WGE, not any third party, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit WGE’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights. WGE and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, WGE, not any third party, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address. WGE contact information for any end-user questions, complaints or claims with respect to App is set forth in Section 9.2.
- Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App