1.Introduction
Welcome to the WeedNearby website! These Terms of Use (referred to as “Terms”) establish a legally binding agreement between Weednearby Management Group, LLC or its affiliated entity that owns or controls the relevant website or provides the services you are accessing or using (“WeedNearby,” “us,” “we,” or “our”) and you, including your successors, heirs, and the corporate entity you represent (“you” or “your”).
Please note that Section 13 of these Terms governs disputes between us and includes an arbitration clause and class action waiver. It requires you and WeedNearby to resolve any disputes individually through final and binding arbitration. We urge you to read these terms carefully.
Certain areas of the websites and services may have additional terms, conditions, policies, rules, and guidelines (“Additional Terms”) that govern your access and use of those specific websites and services. The Additional Terms will be posted on the applicable website or service and may be modified periodically. In the event of a conflict between these Terms and any Additional Terms for a specific website or service, the applicable Additional Terms shall govern and take precedence.
We also encourage you to review WeedNearby’ Privacy Policy, which governs the collection and use of your personal information. Your access or use of the websites and services implies your consent to the collection and use of your information as described in the Privacy Policy, including the transfer of information to the United States or other countries for storage, processing, and use by WeedNearby.
2. Acceptance of the Terms, Additional Terms, and Privacy Policy
By accessing, using, or downloading any of the WeedNearby websites or services, you explicitly acknowledge and agree to be bound by these Terms, the Additional Terms, and the Privacy Policy. Your acceptance of these terms is a requirement to access and use the websites and services. If you do not accept and agree to these terms, you may not access or use the websites and services or create a user account. Violation of these terms may result in the suspension, discontinuation, or alteration of your account or access to the services and websites, at our sole discretion.
3. Changes to the Terms, Additional Terms, and Privacy Statement
We may make changes to these Terms, the Additional Terms, or the Privacy Policy from time to time. When we make material changes, we will make reasonable efforts to notify you through email, push notifications, in-app notifications, or prominent notices on our websites. Your continued use of the websites or services after such changes indicates your acknowledgement of the changes and your agreement to be bound by the updated terms and conditions.
4. Eligibility
The websites and services are intended for individuals who are at least eighteen (18) years old and can enter into legally binding contracts. Certain websites and services may require you to be at least twenty-one (21) years old. It is your responsibility to comply with the age requirements specified for each website or service. The websites and services are not available to minors or suspended members or users. If you are using the websites or services on behalf of a business, you represent that you have the authority to bind the business to these terms and any related agreements. If you lack such authority, you will be held individually liable for your actions under your user ID.
6. Disclaimers and Acknowledgments
WeedNearby Is A Technology Platform
You acknowledge that WeedNearby is a technology platform and not a cannabis retailer, cultivator, or brand. WeedNearby does not provide delivery of cannabis or process payments for cannabis. The responsibility for ensuring that products or services offered by retailers listed on the websites are safe, legal, and compliant lies solely with the retailers. WeedNearby is not liable for any products, services, or reviews posted on the websites by retailers or users.
Acknowledgment of U.S. Federal Law
You acknowledge that marijuana (cannabis) is listed as a Schedule I substance under the United States Controlled Substances Act. Under federal law, manufacturing, distributing, dispensing, or possessing marijuana is illegal, and individuals can face arrest and prosecution. Medical use is not recognized as a valid defense under federal marijuana laws. You also acknowledge that interstate transportation of marijuana is a federal offense.
Acknowledgment of State Law
You acknowledge that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence unless all participants are acting within the scope of applicable laws.
Acknowledgment of the Laws of Your Location
While the websites and services may be accessed from various locations, you must abide by the laws of the state, city, county, municipality, province, or jurisdiction in which you are located while using the websites and services.
Health Information
You acknowledge that any statements regarding cannabis products on the websites have not been evaluated by the U.S. Food and Drug Administration (FDA). The products available on the websites are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition. The information provided on the websites is for educational purposes only, and you should consult a physician before using any products if you have any medical conditions.
7. Copyright Infringement
WeedNearby complies with the Digital Millennium Copyright Act (DMCA) and responds to claims of copyright infringement. If you believe your copyrighted material is being infringed upon, you may submit a DMCA Notice of Alleged Infringement to WeedNearby. Misrepresentation of material facts in the notice may subject you to liability.
8. Delivery and Pick-Up Orders
WM Orders and WM Store
WeedNearby provides the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up through third-party vendors via WM Orders and WM Store. WeedNearby is not a merchant of cannabis-related products or a provider of delivery services. WeedNearby does not guarantee the quality, authenticity, or legality of products or services offered by retailers on the websites.
9. Review/Feedback Policy
WeedNearby allows users to leave reviews and comments, but certain behaviors are not acceptable. WeedNearby retains the right to remove content that violates the Review Policies posted on the websites. Users are responsible for abiding by the Review Policies.
10. Disclaimer Of Warranties
WeedNearby and its affiliates provide the websites and services on an “as is,” “with all faults,” and “as available” basis. They disclaim all warranties, and WeedNearby does not guarantee the accuracy, reliability, or quality of the websites and services.
11. Choice Of Law; Venue
These Terms are governed by the laws of the State of California, and any disputes shall be brought in state or federal court in Orange County, California.
12. Entire Agreement
These Terms, together with the Additional Terms and Privacy Policy, constitute the entire agreement between you and WeedNearby regarding the websites and services.
13. No Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person other than you and WeedNearby.
14. Support Or Maintenance
WeedNearby is not obligated to provide support or maintenance for the websites and services.
15. United States Export & Foreign Assets Control Regulations
The materials on the websites and services may not be appropriate or available in certain locations. It is your responsibility to comply with applicable laws regarding access to and use of the websites and services.
16. No Right Of Survivorship And Non-Transferability
Your WeedNearby account is non-transferable, and your rights terminate upon your death.
17. Contact Us
For questions about the WeedNearby websites or services, you can contact our Customer Service department via email at [email protected] or by contact us page