Terms & Conditions
Last updated 20 May 2020
This page (together with the documents referred to in it) are the general terms and conditions (“Terms and Conditions”) which apply to the domain https://askgrowers.com/ (the “Site”) and all sub domains of the Site (if any).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE, YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS THAT CONSTITUTE A LEGALLY BINDING AGREEMENT THAT SHALL GOVERN THE RELATIONSHIP BETWEEN YOU (“YOU” OR “USER”) AND UCORRBERT TECHNOLOGY LLC, A DELAWARE LIMITED LIABILITY COMPANY, DOING BUSINESS AS ASKGROWERS (“WE” OR “ASKGROWERS”). IF YOU DO NOT AGREE TO ALL OF THESE THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM ACCESSING OR USING THE SITE.
BY CONTINUING THE USE OF THE SITE, YOU SHALL ALSO CONFIRM THAT YOU HAVE ATTAINED AT LEAST THE AGE OF 21 (OR, IF PERMITTED BY APPLICABLE LAW, 18), AND, FOR PATIENTS OBTAINING MEDICINAL CANNABIS, ARE A QUALIFIED MEDICAL MARIJUANA PATIENT TO USE THE SITE AND/OR SERVICES OFFERED BY THE SITE WITHIN THE UNITED STATES. YOU REPRESENT THAT YOU HAD AMPLE TIME TO REVIEW AND DECIDE WHETHER TO AGREE TO THESE TERMS AND CONDITIONS.
We may revise the Terms and Conditions at any moment by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued usage of the Site will mean you accept the amendments made.
“No-Medical-Advise” Reservation and Reliance on Information Posted
The information, including but not limited to, text, graphics, images and other material contained on the Site are for informational purposes only. The purpose of this Site is to promote broad consumer understanding and knowledge of various health topics. It 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 care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
We do not recommend or endorse any specific products, physicians, products, procedures, opinions or other information that may be mentioned on this Site. Reliance on any information appearing on this Site is solely at your own risk. We may produce such information by ourselves or obtain it from the respective licensors. Because of the nature of the Internet‚ there may be circumstances in which errors occur within the information. Consequently, we make no warranty or guarantee as to the accuracy of any information on the Site and cannot accept liability for any errors or omissions within it.
Medical information changes constantly. Therefore the information on this Site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual.
We therefore accept no liability or responsibility arising from any reliance placed on such materials by any visitor to the Site, or by any third party who may be informed of any of its contents. We provide users information about services and products, and are not involved in the manufacture, sale, or distribution of cannabis.
Please note that the Site is intended for use only by persons located in the United States, in particular, for residents of states and localities with laws regulating medical or the recreational use of cannabis only, and that medical cannabis collectives and patients are established pursuant to their respective local laws.
Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledges that the interstate transportation of marijuana is a federal offense.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
By visiting our Site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms and Conditions, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Site services, including without limitation, user reviews and/or postings (if applicable). You acknowledge and agree that AskGrowers is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. AskGrowers 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 agree not to use the Site, Site services, or any of AskGrowers social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
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 may not state or imply that your User Content is in any way provided, sponsored, or endorsed by AskGrowers. You acknowledge and agree that AskGrowers is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. AskGrowers 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. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates applicable laws. AskGrowers is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to AskGrowers an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, 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 Site 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.
If you provide AskGrowers any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to AskGrowers all rights in the Feedback and agree that AskGrowers shall have the right to use such Feedback and related information in any manner it deems appropriate. AskGrowers will treat any Feedback you provide to AskGrowers as non-confidential and non-proprietary. You agree that you will not submit to AskGrowers any information or ideas that you consider to be confidential or proprietary.
Third-Party Interactions and Links
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on the Site and/or through Site services, which may include the payment and/or delivery of goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that AskGrowers shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either AskGrowers or third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that AskGrowers shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AskGrowers, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by AskGrowers. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Limitation of Liability, Disclaimer of Warranties
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS‘ AND ‘AS AVAILABLE‘ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL ASKGROWERS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless AskGrowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors and assigns from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Agreement to Arbitrate
YOU AND ASKGROWERS MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against AskGrowers, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against AskGrowers by someone else.
You and AskGrowers agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: these Terms and Conditions and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Site; content currently or previously available on or through the Site; any products or services currently or previously available on the Site; your relationship with AskGrowers; your user data; any offers; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND ASKGROWERS ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
You acknowledge and agree that you and AskGrowers are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless both you and AskGrowers otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
Arbitration Rules And Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and AskGrowers’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from this Arbitration Agreement, (2) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis, and (3) to the extent that any Disputes must therefore proceed on a class, collective, consolidated or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. In any case in which the Dispute proceeds on a class, collective, consolidated or representative basis and there is also a final judicial determination that this Arbitration Agreement is unenforceable as to a portion (but not all) of such Dispute, then such portion of the Dispute will be severed from any remaining claims and the remainder will be enforced in arbitration on an individual basis as to all other Disputes to the fullest extent possible. Except as otherwise provided herein, this “Arbitration Agreement” section will survive any termination of this Agreement.
Governing Law, Choice of Law
These Terms and Conditions, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating to these Terms and Conditions, or the negotiation, execution or performance of these Terms and Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms and Conditions or as an inducement to enter into these Terms and Conditions), shall be governed by, and enforced in accordance with, the laws of the State of California without regard to its conflict of law provisions.
In the event that either you or AskGrowers commence a court action, any such action shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you and AskGrowers both submit to personal jurisdiction there.
You and AskGrowers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
You acknowledge, understand, and accept that the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms and Conditions.
If any provision of these Terms and Conditions is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of these Terms and Conditions will remain in effort and be construed and enforced consistent with the purpose of these Terms and Conditions, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, the parties agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
All other feedback, comments, requests and other communications relating to the Site should be directed to: [email protected].