40 ACRES AND A DISPENSARY TERMS AND CONDITIONS OF SERVICE
- Important Rules
- By using this website, or any Services provided on, from, or through this website, you agree to follow the Terms.
- Anything you post on the site, and your use of the site, must comply with Federal, State or local law.
- You must: (i) be at least 18 years or older to use this website. By using the website, you represent and warrant you meet this requirement. If you don’t meet this requirement you must not access or use the website.
- You represent and warrant (promise) you have an unrestricted right to transfer, and full title in, all videos or photos you post at the time of posting. Please note, posting items you don’t own is a criminal offense.
- We ask you be careful with the information you disclose in using our Services and how you engage with other users. If something makes you uncomfortable, or seems suspicious, please stop communication and contact us immediately at firstname.lastname@example.org.
We may, in our sole discretion, withdraw, modify or revise these Terms at any time, without prior notice. You agree to, from time to time, check for the most up-to-date version of Terms via 40acresandadispensary.com/termsandconditions. Regardless, you will be bound by changes as soon as they are posted. All links or guidelines referenced in these Terms are made a part of these Terms.
- The Service and Accounts
- In order to access certain Services, you may need to open an account. As a condition of using our Services, you agree to provide accurate and complete information and are responsible for activity that occurs under your account. Treat user names, passwords or any other piece of security information as confidential, and do not disclose it to any other person or entity. Your account is personal to you and you may not provide anyone else with access to this website, or its Services, using your user name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account.
- We have the right to disable any user name, password or other identifier at any time in our sole discretion, including if, in our opinion, you violate these Terms. Where an identifier is disabled we are not liable for losses suffered, including but not limited to the loss of any data, content, or otherwise. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by 40 Acres Group (defined below) as a result.
- Your email may be used to inform you of upcoming events. To cancel your free subscription, an email request must be sent to:email@example.com.
- There may be a variety of opportunities to interface and share with us. Either by sharing content with us directly, or tagging us in your social media channels. In either instance, we’ll treat these as submissions to us and have a few rules around submissions below. If you have any questions, please don’t hesitate to contact us: firstname.lastname@example.org.
- We assume the submitter of photos personally knows those in the photo(s). That is, unless the photo is taken in a public place with no privacy restrictions and the submitter is submitting the photo(s) with permission of those known persons in the photo(s).
- The submitter waives all rights to require or request royalties for submitted photo(s), submitted videos or other content. By submitting items, you hereby grant 40 Acres Group a perpetual worldwide, royalty-free license to use submissions for the purposes of advertising its Services, marketing, content generation, providing its Services to you or other users, and permit 40 Acres Group to sublicense or transfer such rights to the extent necessary for its vendors or service providers to provide their services.
- All tangible submissions will not be returned.
- Submission of interviews, photos, or videos to our website, our email or our social media platforms is not employment and does not provide the submitter any privileges to our content or publications.
- Submitters may receive author credit; however, we reserve the right to make professional editorial changes to the written material, photos and videos where we deem changes are necessary for publication (for example, to decrease potential libel and liability, time constraints, etc.) without making significant changes to the content.
- Your submissions, including photos, videos or other content must be original and your submission may not infringe upon the intellectual rights or copyrights of any persons, entities, or corporations.
- Submitter holds harmless 40 Acres Group for any negative effects the submitter may experience after publication of any submitted photo(s), life narrative(s), or broadcast of any podcast.
- We maintain the right to choose what materials or submissions to use for our publications and websites.
- Third Party Links
Our Services may contain links to third party websites not under our ownership or control. We are not responsible for the content, privacy policies, or practices of any third party websites and you relieve 40 Acres Group, from any and all liability arising from your use of a third-party website.
- Reliance on Information Posted and No Professional or Medical Advice
WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. YOUR RELIANCE IS STRICTLY AT YOUR OWN RISK. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THIRD PARTY MATERIALS ARE THE OPINIONS AND RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THEM. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY THIRD PARTIES. AND WE ARE NOT RESPONSIBLE FOR ITEMS LOST, DAMAGED OR NOT AS REPRESENTED IN A LISTING.
ALL INFORMATION ON THE SITE AND OTHER MATERIALS OR DIGITAL INTERACTIONS WITH OTHER USERS (“INFO”) OR INTERACTIONS WITH 40 ACRES REPRESENTATIVES ARE FOR INFORMATIONAL PURPOSES ONLY. THIS INFO (INCLUDING USER COMMENTS, SUGGESTIONS, OPINIONS, ADVICE, MESSAGES AND INFORMATION) IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PROFESSIONAL LEGAL ADVICE, PROFESSIONAL FINANCIAL ADVICE OR PROFESSIONAL CAREER ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL FINANCIAL ADVISOR FOR FINANCIAL ADVICE, THE ADVICE OF AN ATTORNEY FOR ANY LEGAL ADVICE AND THE ADVICE OF A PROFESSIONAL CAREER/BUSINESS COACH FOR CAREER/BUSINESS ADVICE.
IN COMPLETING ANY ACTIVITY, NEVER DISREGARD PROFESSIONAL MEDICAL, FINANCIAL, LEGAL OR CAREER/BUSINESS ADVICE OR DELAY SEEKING IT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. 40 ACRES DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCT, SERVICES, PROCEDURES, INCLUDING THE USERS OPINIONS, ADVICE, SUGGESTIONS, MESSAGES OR ANY INFORMATION THAT MAYBE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY 40 ACRES OR ITS USERS, EMPLOYEES, VOLUNTEERS, OTHERS APPEARING ON THE SITE AT THE INVITATION OF 40 ACRES IS SOLELY AT YOUR OWN RISK.
- Your Use of the Service—Permissions and Restrictions
You have our permission to use Services as outlined in these Terms provided that:
- You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
- You agree not to use a Service for commercial uses unless you obtain our prior written approval.
- You agree not to use, or launch, an automated system that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers.”
- You agree not to collect or harvest any personally identifiable information from the Service (e.g., account names from comments or email) or to use the Service’s Content or communication systems for solicitation purposes.
- You don’t introduce viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. And you do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which the website is stored, or any server, computer or database connected to the website.
- You don’t engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.
- Billing, Fees and Payment
- Applicable Fees: Applicable fees, such as exchange rates incurred by the bank and/or credit card company or shipping, are for your account. You are also responsible for paying taxes, duty or other customs clearing expenses. Fees relating to domestic or international shipment (sales, use, excise, import, export, etc.) must be collected by, and are the sole responsibility of, the Seller. However, at this time the customer is not to pay any additional shipping, handling or taxes above the retail price stated next to the item for sale.
- Refunds: We want to make sure you’re happy with your purchase. However, we generally will not issue refunds, or make exchanges, for product(s) once we or our agents (i.e. the supplier) delivers them to a carrier. An exception to this is where a product is damage. In the case of damage products or missing products, contact our third party supplier, Printful at the email email@example.com within 4 weeks from the date of placing the order. Where there is a product showing as delivered by the carrier, but not received, Printful considers the product delivered and will not issue a refund. Any complaints received after the timelines given above will not be eligible for a refund or replacement. In the case of either, all resolutions will be decided by Printful and/or 40 Acres in our sole (but reasonable) discretion and considered final.
- Payment: Payment for all products purchased through our Site must be by credit, debit card or PayPal. In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any products purchased, any content or data associated with your account, or anything else. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due because of your breach of these Terms.
- Payment Dispute: All information you provide in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with a Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within thirty (30) days of making the payment by contacting us at firstname.lastname@example.org. Failure to notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment.
- Taxes: As of now, your total price will be the retail price and any applicable sales tax, state and/or local sales tax based on the address from which the product is shipped, and the sales tax rate in effect at the time you purchase the product or service will be determined and handled by 40 Acres without additional fees to you.
- Promo Codes
Promotional codes/discounts are only valid on an initial order, and not with the recurring charges unless we say otherwise. Gift plans and/or e-gift cards must be redeemed within one year of purchase. Once redeemed, they cannot be cancelled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.
- This website may contain message boards, profiles, forums, bulletin boards, connected social media accounts and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit (hereinafter, “post“) listings, messages, pictures, text, or content (collectively, “Content“) on or through the website.
- You solely are responsible for the Content you post, along with the consequences of submitting and publishing Content. You represent and warrant (promise) you own all rights, consents, and permissions to post Content you submit; and if you don’t own these rights that you’ve obtained them from the legal owner.
- You hereby give 40 Acres Group an irrevocable, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform your Content in connection with this website and/or 40 Acres’ business, social media sites and other platforms. You also grant each user of the Service a non-exclusive license to access your Content.
- To be clear, the license you’ve agreed to above does not transfer ownership. It allows us to do things like highlight your Content on our homepage, promote the website and its Services, repurpose part or all of the Service in other media formats and otherwise carry out business in a way that allows users to benefit from being a part of our site. However, you may revoke the rights granted above at any time in a writing sent to us at info@40acresandadispensary and/or by deleting your account. Do keep in mind, though your Content may be removed from our Services we can’t guarantee Content will be removed from the Internet.
- By connecting a Service with a third-party service, like a social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your non-identifying log-in credentials from that service.
- You may not use Interactive Services for (or post Content or other material that):
- is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
- infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
- violates applicable local, national, or international laws and regulations,
- is likely to deceive any person,
- promotes any illegal activity, or advocates, promotes or assists in any unlawful act,
- impersonates any person, or misrepresents your identity or affiliation with any person or organization,
- involves (or includes a link to) commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising, or
- gives the impression that it comes from or is endorsed by us or any other person or entity, if this is not the case.
- We may disclose information about you to a third party who claims Content you post violates their rights, including intellectual property rights or privacy rights. We may also take legal action, including without limitation referring you to law enforcement, for any illegal or unauthorized use of the website. Where there’s been an alleged or actual violation of law you understand we must cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.
- Content in General
In addition to the submission guidelines in Section 3, if you use or encounter Content from the website you agree:
- Content is provided to you AS IS and your use of Content is at your sole risk and expense. 40 Acres Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
- Not to circumvent, disable or otherwise interfere with security-related features of a Service, including features that restrict use or copying of Content or enforce limitations on use of a Service or its Content.
- We do our best to monitor user accounts, however you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Where this happens, report such activity to us immediately. Our contact information appears at the end of these Terms. Because we can’t possibly monitor every account at all times, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 40 Acres Group with respect to such contact.
If you post or send Content you agree:
- If you send creative ideas or suggestions, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may limit or modify your Content, for example by imposing a maximum number of days for a listing, the size of posts, etc.
- We reserve all rights not expressly granted in or to a Service and its Content.
- Termination of Use
Please note, use of our Services does not give users a continued right to use or have access to such Services. We want everyone to enjoy their experience, and consequently we reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others. This includes the ability to remove a post that we believe is in violation of these Terms.
- Digital Millennium Copyright Act
- If notified, as outlined in this Section, that Content infringes on another’s intellectual property rights we reserve the right to remove such Content without prior notice and without liability.
- If you are a copyright owner (or an agent of a copyright owner) and believe Content infringes your copyright(s), you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed;
- The material claimed to be infringing that is to be removed or disabled and information reasonably sufficient to permit us to locate the material;
- Contact information, such as an address, telephone number, and, if available, an email address;
- A statement that: (1) you believe in good faith the material is not authorized by the copyright owner, its agent, or the law; and (2) the information you supply in the notice is accurate, and you are authorized to act on behalf of the owner that is allegedly infringed.
Send copyright infringement notifications to email@example.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
- Warranty Disclaimer
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 40 ACRES GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. 40 ACRES GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (VI) CONSEQUENCES SUFFERED OR RESULTING FROM YOUR PURCHASE OF OUR PRODUCTS OR PARTICIPATION IN OUR EVENTS, ACTIVITIES, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, MENTAL STRESS, ILLNESS, INJURY, HARASSMENT, LOSS OF JOBS OR WAGES, OR ANY OTHER ACTIONS TAKEN OUTSIDE OF OUR WEBSITE. 40 ACRES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, ANY SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING. 40 ACRES WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT WILL 40 ACRES GROUP BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF SERVICES OR PRODUCTS, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THE FOREGOING LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 40 Acres, its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively (“40 Acres Group”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service or product; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.
- Fraud Protection. We may screen purchases or listings for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject the order or we may contact you at the phone number or email address you provided to confirm. We also reserve the right to cancel any accounts due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Trademarks and Intellectual Property
40 Acres and all related names, logos, service names, designs and slogans will be trademarks of 40 Acres or its affiliates or licensors. You may not use these marks without our written permission. All other names, logos, service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, 40 Acres and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.
- Notice for California Users
- If you are a California resident, you can request information regarding the disclosure of your personal information by 40 Acres to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to us at 10505 Town and Country Way, #19631, Houston, TX 77224.
- Under California Civil Code Section 1789.3, California Website 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 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
- Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through email@example.com.