You agree to abide by all applicable federal, state and local laws and understand You will be legally bound by the terms and conditions of these Terms. You confirm and acknowledge that Bellwether will not be held liable at any time for any liability resulting from the use of the Websites or Services.
You confirm that You are twenty-one (21) years of age or older, and are fully able to enter into the terms and conditions set forth here. If You do not meet the Age Requirement, You are not permitted to use the Websites or the Services.
You understand that the current Terms are subject to changes made by Bellwether at any time, and You agree to be bound by all changes, modifications and revisions. You fully understand that it is Your sole obligation to review the Terms periodically to account for changes that have been made as any and all future changes and additions will be considered binding.
In order to access the Websites and Services, You must be at least twenty-one (21) years old. You may be asked to verify that You are over the applicable age limit during Your use of the Websites or Services and You hereby agree that You shall not misrepresent Your age or status. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party You invite to participate in any of the Services or related functions with You is also of legal age or status as described above.
Through the Websites, we promote or provide information related to cannabis-containing beverages and related items (“Products”). You acknowledge that our Websites, Products, and Service are only for residents of the State of California who are at least 21 years of age. You acknowledge and represent to us that you are familiar with and assume full responsibility for cooperating with all laws regarding the use, possession, and consumption of medical or recreational cannabis of the State of California and your local municipality. You are responsible for ensuring that your use of the Website, Products, and Services is compliant with all applicable laws and regulations. You acknowledge that cannabis is included on Schedule I under the United States Controlled Substances Act. Under the federal laws of the United States of America use, possession, consumption, and interstate transportation of cannabis is illegal under federal law, and individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies.
Keep all cannabis-containing products out of reach of children and animals. Intoxicating effects of cannabis-containing products may be delayed up to two (2) hours. Use of cannabis-containing products while pregnant or breastfeeding may be harmful. Consumption of cannabis-containing products impairs your ability to drive and operate machinery, please use extreme caution
In order to access or use some of the Websites or Services, You may need to first register and create an individual account for Yourself for such Websites or Services (each an "Account”)
By creating an Account, You agree that:
Your Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Bellwether may offer You the ability to set preferences relating to Your Account, but changes to Your settings may not become effective immediately or be error free, and options may change from time-to-time. Bellwether assumes no responsibility or liability for any issues, problems, or content on Your Account.
Accounts may only be set up by an authorized representative of the individual that is the subject of the Account. Bellwether does not review each Account to determine if it was created by an appropriate party. In addition, Bellwether is not responsible for any unauthorized Account that may appear on the Services. If You believe that an Account listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to email@example.com
“User Content” means any and all information and content that a user submits to, or uses with, the Websites or Services, including without limitation, content in Your Account profile, reviews or postings. You acknowledge and agree that Bellwether is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Bellwether does not assume and will not have any liability or responsibility to You or any other person or user for Your use or misuse of any 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 Terms. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Bellwether. Because You alone are responsible for Your User Content (and not Bellwether), You may expose Yourself to liability if, for example, your User Content violates the Terms. Bellwether is not obligated to backup any User Content and User Content may be deleted at any time.
You hereby grant, and You represent and warrant that you have the right to grant, to Bellwether an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Websites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The Websites or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, as well as materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Bellwether is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Bellwether does not assume and will not have any liability or responsibility to You or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk. When You link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Websites or Services might display, include, or make available coupons, promotional codes, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Bellwether displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Bellwether, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to You in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
If there is a dispute between users of the Websites or Services, including between You and any Third Party featured on our Websites or Services, (each, a “Dispute”), You understand and agree that Bellwether and its affiliates (including the Websites and the Services) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Bellwether (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish Your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed.
If You are a California resident or resident of a state with a similar applicable law, You hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in Your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.
Bellwether Technologies, Inc., or its parent companies or subsidiaries, owns the Websites, Services, and all content thereon, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites, but excluding Third-Party Material. Any and all intellectual property rights on Bellwether’s Websites or Services are protected by US and International copyright, patent, trademark and other relevant laws protecting intellectual property and proprietary rights. You may not reproduce, copy, or download any content from Bellwether’s Websites or Services without the express written authorization to first do so. Commercial use without prior consent is prohibited. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Websites or Services.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Bellwether is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bellwether of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Some portions of the Websites may implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services may implement Google Maps API. By using Google Maps API, You agree to be bound by Google’s Terms of Service.
You agree to abide by all applicable federal, state and local laws and regulations in connection with the use of the Websites and Services. You also agree that you will NOT:
You fully understand, acknowledge and agree that Bellwether may, under certain circumstances and without prior notice, immediately terminate Your Bellwether Account, User Profile and access to the Websites, Services and any other related or affiliated applications, functions and tools. Cause for Account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by Bellwether (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your Account, which shall be determined by Bellwether; (7) knowing, willing and/or negligent engagement by You in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by You, or by Your representatives, to pay, in full, any fees owed by You in connection with the Websites or any related or affiliated Service, business or website. Termination of a User Profile will deny You access to our Services, delay or remove User Content that You submitted or commented on, remove any special status associated with Your Account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent You from using our Websites and Services in the future. Bellwether has the right to investigate and prosecute violations of any of the above to the fullest extent of the law
BELLWETHER MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ OR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
BELLWETHER AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT:
The failure of Bellwether to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bellwether.
These Terms do not and are not intended to confer any rights or remedies upon any person other than You and Bellwether.
You acknowledge and agree that Bellwether will have no obligation to provide You with any support or maintenance in connection with the Websites or Services.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
The Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Bellwether without restriction.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the Bellwether Websites or any of the Services we provide, please feel free to contact us at: firstname.lastname@example.org.