TERMS OF SERVICE
Last Updated: May 6th, 2017
Welcome to the Cannabis Big Data website (including all related pages and portals, the “Site”), operated by Big Data Analytics, Inc. DBA Cannabis Big Data (“CBD,” “we,” “our” or “us”). Please read the following terms of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access the Site or use the services provided to you by CBD through the Site or any other means, such as mobile applications (“Service(s)”). For purposes of these Terms, “you” and “your” mean either you, individually as a natural person, or, if applicable, the entity on whose behalf you are accessing the Site or using the Services.
BY ACCESSING OR USING ANY PART OF THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SECTION B BELOW, WHICH APPLIES TO ALL USERS OF THE SITE AND SERVICES, INCLUDING CASUAL VISITORS TO THE SITE. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION A, IN ADDITION TO THE TERMS OF SECTIONS B.
SECTION A. TERMS APPLICABLE TO REGISTERED USERS OF THE SITE AND SERVICES
- Registration. If you are a natural person, you represent and warrant that you are of legal age to form a binding contract. If you are using the Site or accessing the Services on behalf of an entity, you represent and warrant that you have full power and authority to do so and to bind such entity to these Terms. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you do not meet or qualify for the requirements set forth in this paragraph, please do not register for or use the Site or Services.
- License. Subject to your compliance with these Terms, CBD grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site or Services. CBD expressly retains all ownership rights, title and interest in and to all aspects the Services and the Site and any software made available in connection therewith, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site and Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.
- Account Credentials. You will create a password and account designation upon completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CBD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CBD may require you to change or update your username or password to prevent unauthorized use of your account.
- Submissions. While CBD does not and cannot review all material on the Site, and is not responsible for its content, CBD reserves the right to remove, delete, move, or edit any Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.
- Compliance. The Colorado Medical Marijuana Code, Colorado Revised Statutes § 12-43.3-101 et al.; Colorado Retail Marijuana Code, Colorado Revised Statutes § 12-43.4-101 et al.; Code of Colorado Regulations, 1 CCR 212-1 and 1 CCR 212-2 apply to the sale and transfer of marijuana and marijuana products between the buyer and the seller and must be complied with AT ALL TIMES. Any use of the Service (including the transmission of data related to unlawful transactions) that violate state or local laws or any of these Terms may result in immediate suspension or termination of the Buyer or Seller’s subscription account(s) at CBD’s sole discretion and may be reported to the local and/or state regulatory and licensing authority as may be required by law.
- Indemnification. You shall indemnify and hold harmless CBD, its affiliates and their respective employees, agents, suppliers and service providers from and against all losses, liabilities, damages and expenses (including without limitation attorneys’ fees and court costs) resulting from any claims, demands, actions and other proceedings arising out of the contents of your Content (e.g., false or illegal data) or your use of the Site or Service in violation of third-party rights (including intellectual property and privacy) or applicable laws and regulations.
- Pricing and Payment for the Services. We typically charge an onboarding fee as well as a monthly recurring fee for subscriptions to our Services. (We might also agree to perform professional services for you pursuant to a duly executed statement of work.) Subscriptions are monthly unless otherwise specified in your order. The fees for the Services are set forth in your order. Pricing is subject to change on a going-forward basis at any time and will become effective at the beginning of the next billing cycle. Unless otherwise set forth in your order, you agree to pay CBD in advance the applicable fees for the Services provided by CBD under these Terms. CBD will bill you for all fees or, when you provide payment details directly to CBD, CBD may automatically charge you for each subsequent month of service as long as you are a subscriber. You will provide CBD with accurate and complete billing information, including legal name, address and telephone number. If such information is false or fraudulent, CBD reserves the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. CBD is not responsible for any charges or expenses (e.g., for overdrawn accounts, etc.) resulting from charges billed by CBD. All charges and fees paid are non-refundable unless otherwise agreed in advance in writing by CBD. All fees will be paid in U.S. dollars and are due as set forth on the Site or in an applicable invoice. CBD’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on CBD’s income.
- Subscription Cancellations. You have the right to terminate your account at any time by sending a cancellation request to [email protected] Subject to earlier termination as provided below, CBD may terminate your subscription and this agreement at any time by providing 30 days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, CBD may also terminate this agreement upon 30 days’ notice (or ten (10) days in the case of nonpayment), if you breach any of these Terms. CBD reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). All of the Customer Data and Content on the Service (if any) may be permanently deleted by CBD upon any termination of your account in its sole discretion. If CBD terminates your account without cause and you have signed up for a fee-bearing service, CBD will refund the pro-rated, unearned portion of any amount that you have prepaid to CBD for such Service. However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this agreement.
- Third Party Content and Software and Linking. Although we may make software, hyperlinks, third party Content and other products of third-party companies available to you, your use of such third party Content or products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such Content or products, and the agreement for your use will be between you and such third party, unless otherwise expressly set forth on the Site. CBD makes no warranty with regard to the Content, products or website of any other entity. CBD has no control over the Content or availability of any third-party Content, software or website. In particular, (a) CBD makes no warranty that any third-party Content, software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) CBD notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
- Monitoring of Content. You acknowledge, consent and agree that CBD may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CBD, its users or the public.
- Suspension and Termination of Access. CBD reserves the right to suspend or terminate your account and use of the Site or Services, at any time, without notice, for the following reasons: (a) breach of these Terms, including policies or guidelines set forth by CBD; (b) conduct that CBD believes is harmful to other users of the Services or the business of CBD or other third parties; or (c) CBD discontinues the Services (temporarily or permanently) to its customers.
- Disclaimer of Warranty. THE SERVICES AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, CBD MAKES NO WARRANTY THAT THE SITE, CONTENT OR THE SERVICES WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. CBD MAKES NO WARRANTY REGARDING ANY CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY CBD, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, CBD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CBD OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SECTION B. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE
- Availability. CBD uses reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of CBD. CBD will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of CBD. You agree that CBD shall not be liable to you for any modification, suspension or discontinuance of the Site or Service. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and acknowledge that such access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements (if any). In addition, you must provide and are responsible for all equipment necessary to access the Site.
- Trademarks. All brand, product and service names used in the Services which identify CBD are proprietary marks of CBD. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of CBD or any third party with respect to any such image, logo or name.
- External Links. From time to time CBD may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. CBD does not endorse or take responsibility for the content on other website or the availability of other website and you agree that CBD is not liable for any loss or damage that you may suffer by using other websites.
- Rules of Conduct.
- The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not distribute any submission that: (a) contains any threatening, harassing, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law; (b) contains any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; (c) contains any material sent from an anonymous or false address; or (d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site.
- We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Under no circumstances shall CBD be liable for the acts or omissions of any user.
- IP Protection of Content on Site. The information, Content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that CBD is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights, except as may be expressly set forth on the Site. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. CBD has the absolute right to terminate your account or exclude you from the Site if you use our Services to violate the intellectual property rights or other rights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
- Limitations of Liability.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CBD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF CBD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, CONTENT OR THE SERVICES, FROM ANY CHANGES TO THE SITE, CONTENT OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND CBD IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE SITE OR THE SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
- IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL CBD HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF CBD TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IT IS THE INTENTION OF YOU AND CBD THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
- Applicable Law and Exclusive Jurisdiction. Any question, claim or controversy arising out of or related to these Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Each party hereby irrevocably submits to the exclusive jurisdiction of the state courts seated in Denver, Colorado for the resolution of any such question, claim or controversy.
- Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and CBD as a result of these Terms or use of the Site or the Services.
- Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
- Force Majeure. Each party will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, Internet or telecommunication disruptions, failure of licensors or suppliers, material shortages or any other cause which is beyond its reasonable control.
- Entire Agreement; Waiver and Severability. These Terms constitute the entire agreement between you and CBD and govern your use of the Site and the Services, superseding any prior agreements between you and CBD. The failure of CBD to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision of these Terms which shall remain in full force and effect. In the case of inconsistencies between these Terms and any other information presented to you regarding the Services (e.g., promotional materials and mailers), these Terms will always govern and take precedence. CBD rejects the inclusion of any terms contained in any purchase order or other such ordering document provided by you, and such terms shall be deemed null and void.
- Amendment of Terms. We reserve the right to make changes to our site, policies and these Conditions of Use from time to time without notice. Your continued use of the Site or Services constitutes acceptance of and the intent to be bound by any amendments, additions, or modifications to these Terms.
Contact. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: [email protected]
By Postal Mail: 507 N Wahsatch Ave, Colorado Springs, CO 80903