Website Terms of Service

Last Materially Updated: November 9th, 2020

Terms

Please read these Website Terms of Service carefully. By accessing this Website, (including, the websites of http://cultive.com and its affiliates operating in the United States, which collectively are referred to as “us” we” “our” or “Cultive,” with all such websites collectively being referred to as “this Website”), you agree to be bound by these Website Terms of Service. These Terms of Service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our Website located at http://cultive.com and any other online and mobile websites, blogs and interactive applications operated by Cultive (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). Cultive may amend these Website Terms of Service, from time to time without notice to you by posting the most recent version on this Website. Please access and review these Website Terms of Service regularly. If you find any of the terms or conditions of these Website Terms of Service unacceptable to you at any time, please discontinue your use of this Website. By continuing to access this Website after the date of any amendments to these Website Terms of Use, you agree to be bound by the amended Website Terms of Service.

Certain sections or pages on this Website may contain separate terms, conditions, disclosures or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers will govern for those sections or pages. These Website Terms of Service are in addition to those that apply to any accounts or services you may have with Cultive.

Restrictions on Use

The information provided on this Website and any other holding interest of Cultive, is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for your own personal information and visual representation without the written consent of Cultive. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access any web pages or assets contained in the Website, Website Content or Service for any purpose.

Eligibility

The Site is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Site or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Site and Services are not available to minors.

Use of Website

You agree that you will not engage in any activities related to this Website that are contrary to applicable law, regulations or the terms of any agreements you may have with Cultive, its vendors, or other third parties in connection with your use of this Website. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. Further, you agree not to misuse this Website or its contents. If you need accommodations in order to use this Website, please contact our customer service staff by sending an e-mail to the e-mail address, located at “Contact Us” on this Website.

Cultive grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Cultive.

Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Use of Information Included on this Website

All information provided on this Website is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to Cultive may affect the applicability of any statement or comment made on the Website to your particular circumstances.

Disclaimer of Warranty and Limitation of Liability

CULTIVE AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.

SUCH INFORMATION OR TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

CULTIVE AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE OF PERFORMANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE CULTIVE OR ITS AFFILIATES CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.

Indemnification

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR CULTIVE’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CULTIVE’S DEFENSE OF ANY CLAIM. CULTIVE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF CULTIVE.

Submissions

All information submitted to Cultive via this Website shall be deemed the property of Cultive. Cultive will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides to Cultive through this Website. Cultive shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by Cultive executing a confidentiality agreement or as otherwise required by law.

Available Only Where Permitted by Law

The products and services described on this Website are only offered in jurisdictions where they may be legally offered for sale. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.

Hyperlinks are Not Endorsements

Links to other websites or references to other products, services or publications do not imply the endorsement or approval of such websites, products, services or publications by Cultive. Third party websites reached through links from this Website may also have privacy and security policies different from Cultive and may provide less security. Cultive is not responsible for the collection, use, or security of information by companies outside of Cultive that may be linked to this Website. If you choose to access any software available through links from this Website, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software. Please review the privacy and security policies of websites reached through links from this Website.

There are some areas of the Website that implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.

Copyrights, Trademarks, & Restrictions

The Website and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Website are owned by or licensed by Cultive or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.

Except as expressly permitted in writing by Cultive, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Cultive or such third party that may own the Material or intellectual property displayed on the Site.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, SCRAPING, SELLING, POST, REVERSE ENGINEER,OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Cultive will aggressively enforce its rights to the fullest extent of the law. Cultive may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

All information at this Website is protected under the copyright laws of the United States and other countries. In addition, certain information may have been copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: Cultive operates the Website in the United States. Cultive makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforceability

In the event any part of this Website is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Website shall remain in full force and effect.

Governing Law

Use of this Website shall be governed by applicable United States of America federal and state laws.