Weedmaps Commercial Terms of Use

Last updated June 30, 2026

Weedmaps Commercial Terms of Use

1. Introduction

These commercial terms (the "Commercial Terms") are a binding agreement between you (“you” or “your”) and Weedmaps (as defined below) and govern your access to and use of any Weedmaps products and/or services, including but not limited to www.weedmaps.com and any of our other websites (the "Websites"), the Weedmaps mobile applications (the "Apps"), and any other products, services, and/or features we may develop or offer (together with the Websites and Apps, the “Services”). If you are located in the United States, your agreement to these Commercial Terms is with Ghost Management Group, LLC d/b/a Weedmaps, a Delaware limited liability company (“Weedmaps US”). If you are located in Canada, your agreement to these Commercial Terms is with WM Canada Holdings, Inc. d/b/a Weedmaps, a Canadian corporation formed under the Business Corporations Act (British Columbia) (“Weedmaps Canada” and collectively with Weedmaps US, including each of their respective subsidiaries and affiliates, “Weedmaps”, “us”, “we” or “our”). If you are located outside of the United States and Canada, your agreement to these Commercial Terms is with Weedmaps US, but we reserve the right, in our sole discretion, to require a separate written agreement between you and any Weedmaps affiliates. By accessing or using the Services, you agree to be bound by these Commercial Terms, the Weedmaps Privacy Policy, and any applicable Supplemental Terms (as defined below) and/or such other separate or additional terms as we may require (collectively with these Commercial Terms, the “Terms of Service”). If you do not agree to the Terms of Service, you may not access or use the Services.

PLEASE NOTE THAT SECTION 15 OF THESE COMMERCIAL TERMS GOVERNS DISPUTES BETWEEN YOU AND WEEDMAPS, REQUIRES THAT DISPUTES BE SUBMITTED TO MEDIATION AND, IF NOT SUCCESSFUL, TO BINDING INDIVIDUAL ARBITRATION, AND CONTAINS A CLASS ACTION WAIVER THAT REQUIRES YOU AND WEEDMAPS TO RESOLVE ALL DISPUTES WITH EACH OTHER NOT RESOLVED IN MEDIATION ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ THESE TERMS CAREFULLY.

2. Changes to the Terms of Service

We may make changes to the Terms of Service from time to time, including to reflect our business practices and Services more accurately, to comply with Applicable Law (as defined below), or to prevent harm or abuse, and you should check them regularly for any updates. Unless otherwise required by Applicable Law, if we make changes, we will post the revised terms with a revised “Last Updated” date, at which time the revised terms will become immediately effective. If we determine, in our sole discretion, that any changes are material, we will notify you by sending an email to the address associated with your Account (as defined below) or by otherwise providing you with reasonable notice through our Services. By continuing to access or use any Services, you agree to be bound by the updated Terms of Service.

3. Your Use of the Services

a. Eligibility

  1. You represent and warrant that you are at least the age of majority in the jurisdiction where you reside and from which you use the Weedmaps Products.
  2. If you are using the Services as or on behalf of any company or other legal entity, you represent and warrant that you are authorized to bind that company or other legal entity to the Terms of Service, and “you” or “your” will refer to that company or other legal entity.
  3. If you are using the Services as an agent of another company or legal entity, you represent and warrant that: (i) you are authorized to bind that company or legal entity to the Terms of Service; (ii) you will provide Weedmaps with written confirmation of the relationship between you and that company or legal entity, including but not limited to an acknowledgement from that company or legal entity that you are its agent and authorized to act on its behalf; (iii) all of your actions in connection with these Terms of Service are and will be in accordance with the agency relationship between you and that company or legal entity; and (iv) you will ensure that such company or legal entity will comply with, and you will be liable for, any of its obligations under these Terms of Service and any breach thereof.

b. License to Access and Use the Services

Subject to the Terms of Service and payment of all Fees (as defined below) due hereunder, Weedmaps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes. The Services are licensed, not sold, and you do not acquire any license to use the Services in excess of the scope and duration specified in the Terms of Service. The Terms of Service do not grant you or any other party the right to resell, transfer, or broker the Services to any third party, or to copy, modify, enhance or create derivative works of any of the Services. You may not utilize the Services to solicit or encourage any consumer, patient, caregiver, or other user of the Services (each, a “User”) to cease or reduce its use of the Services, or to otherwise negatively impact another User’s relationship with Weedmaps. We reserve all rights not expressly granted to you.

Weedmaps may from time to time undertake maintenance on the Services, which may result in service interruptions, errors, delays, or bugs. Weedmaps is not liable to you for any such disruptions. We may contact you for information regarding service interruptions, errors, delays, or bugs in order to identify and resolve them.

c. Accounts

You will be required to create one or more account(s) in order to access and use the Services (“Account”). By creating your Account, you agree that:

  1. You will provide accurate and complete registration information and will update your registration information to ensure that it remains accurate, current, and complete at all times, including all information related to the ownership, management, and control of your business and the Licenses (as defined below), pursuant to which your business operates. You will not register a username or email address that: (a) is already in use by someone else in connection with the Services; (b) impersonates or belongs to another person or entity; (c) violates the IP Rights (as defined below), privacy rights, or other rights of any person or entity; or (d) is offensive or misleading. We may reject the use of any username, email address, or other Account-related credential for any reason, in our sole discretion.
  2. You are solely responsible for maintaining the security of your username(s), password(s), API key(s), menu embed code(s), and any other access credentials used to access your Account or the Services.
  3. You are solely responsible for all activities that occur under your Account, including actions taken by any User acting on your behalf, including your employees and agents.
  4. You will immediately notify us of any unauthorized use of your Account, username(s), passwords(s), API key(s), menu embed code(s), or any other access credentials or any other breach of security.

d. Communications and Call Monitoring

By accessing or using the Services, you consent to receiving communications from us electronically, in accordance with the Electronic Communications Policy. We may send you communications through various channels, including via email, SMS message, in-app push notifications, or by posting notices and messages on our Website(s) or through any of the Services. You may elect how you wish to receive certain communications within your account settings, and can update these settings at any time.

If you or any of your employees or agents provide Weedmaps with a mobile phone number or email address, Weedmaps may use such contact information to provide you with transactional, servicing, and Account-related messaging, including through autodialing technology or prerecorded calls or text messages. We will not contact you using autodialing technology or prerecorded calls or texts for marketing purposes unless you have provided your prior express written consent. We may share your mobile number with our service providers for the purposes outlined above. You are not required to agree to the receipt of autodialed or prerecorded calls or texts to use our Services, and you may opt out or unsubscribe by updating your account settings or replying STOP to any message. Message frequency may vary, and standard charges may apply. Neither we nor any of our service providers are liable for undelivered or delayed messages.

Weedmaps may conduct call monitoring on phone calls between you and Weedmaps, for the purposes of quality assurance and training. You hereby consent to any such monitoring by Weedmaps and its employees, including but not limited to on behalf of each and any of your representatives or authorized Users who either make telephone calls to Weedmaps or receive telephone calls from Weedmaps on your behalf.

e. Acceptable Use

When you access or use the Services, you agree that you will comply and will cause any User acting on your behalf to comply with our Acceptable Use Policy. Failure to comply with the Acceptable Use Policy is a violation of these Commercial Terms, and may result in your permanent or temporary suspension from the Services, at any time and in our sole discretion.

f. Supplemental Terms

Weedmaps offers a variety of Services, some of which are subject to additional terms (“Supplemental Terms”), which are incorporated into and made a part of the Terms of Service, including the following:

  1. The Supplemental Product Terms;
  2. The Supplemental Ad Terms;
  3. The WM Orders Data Processing Addendum;
  4. The WM Delivery Processing Addendum; and
  5. The Developer Terms of Use.

To the extent any Supplemental Terms conflict with these Commercial Terms, the Supplemental Terms will govern with respect to your use of the applicable Services to which they relate to the extent of the conflict.

4. Invoicing and Payments

a. Invoices and Pricing

The Services are generally made available as a monthly bundled software package (the “Monthly Package”). Optional add-on Services may be available for an additional charge depending on the Monthly Package you select (“Add-On Services”). You will receive one or more invoices each month with the price of your Monthly Package and any Add-On Services (the “Invoice(s)”) you request for such month (the “Total Monthly Price”). The start date for any Monthly Package and/or Add-On Services will be the first day on which Weedmaps begins to provide you with the applicable Services and will automatically renew on each monthly anniversary thereafter unless otherwise agreed upon in writing by you and Weedmaps (each, a "Service Period").

We reserve the right to adjust any aspect of your Monthly Package and/or Add-On Services, including the price or availability of any Services, in our sole discretion, at any time, provided that we will notify you at least seventy-two (72) hours before any such change goes into effect. In the event the price you pay for any Services changes, we will adjust the price you pay as of the date the change goes into effect, for which you may receive additional Invoices.

b. Payment Due; Taxes

You will pay each Invoice immediately upon receipt unless we otherwise agree in writing. Payment of the Total Monthly Price is due in advance of the month during which we provide the applicable Services. If we elect to accept a late payment, a late fee of either one and one half percent (1.5%) per month (eighteen percent (18%) annually), or the maximum interest allowed pursuant to Applicable Law will be added to the amount of the late payment, whichever is lower. The Total Monthly Price does not include any provincial, state, or local sales, goods and services, use, consumption, excise, or any other taxes, levies, or duties (“Taxes”) for which you are solely responsible.

c. Payment Options

  1. Credit Card or Debit Card: You may be required to create an account with a third party payment processor, gateway, and/or service provider designated by Weedmaps (“Payment Service Provider”) to make credit or debit card payments. Your access to and use of any Payment Service Provider will be subject to the Payment Service Provider’s terms and policies. Any Payment Service Provider will be deemed a Third Party Service (as defined below). You agree to provide any Payment Service Provider with accurate, complete, and up to date information as required to make credit or debit card payments to Weedmaps, including if you elect to make credit or debit card payments to Weedmaps on a recurring basis.
  2. Check: We only accept checks from U.S. customers. Returned checks are subject to a $50 return fee. You may make payments in the form of checks in person at the following address, or you may mail checks to: 41 Discovery, Irvine CA 92618 – Attn: Weedmaps Accounts Receivable. Your payment must include an invoice number and reference the name of your Account. Weedmaps is not responsible for the allocation of any check provided without an invoice number or the name of your Account.
  3. Cash: Weedmaps does not generally accept cash payment. Cash is only accepted from certain U.S. customers with the prior written approval of your Account Manager and subject to your completion, execution, and submission to Weedmaps of a Customer Verification Form and Courier Verification Form acceptable to Weedmaps. You must deliver all cash payments in person at 41 Discovery, Irvine CA 92618 or such other office location as designated by Weedmaps.
  4. Cashier’s Checks or Money Orders: Cashier’s checks or money orders are only accepted from certain U.S. customers with the prior written approval of your Account Manager and subject to your completion, execution, and submission to Weedmaps of a Customer Verification Form and Courier Verification Form acceptable to Weedmaps. You must make payments in the form of cashier’s checks or money orders in person at or by mailing them to 41 Discovery, Irvine CA 92618 – Attn: Weedmaps Accounts. Your payment must include an invoice number and reference the name of your Account. Weedmaps is not responsible for the allocation of any cashier’s check or money order provided without an invoice number or the name of your Account. Returned cashier’s checks or money orders are subject to a $50 return fee.
  5. ACH: ACH direct debit payments are available to certain U.S. customers with the prior written approval of your Account Manager and subject to your completion, execution, and submission to Weedmaps of a Recurring ACH Payment Authorization Form acceptable to Weedmaps.

Please contact your Account Manager for further instructions on any of the payments options above.

5. Suspension; Termination

Weedmaps may modify, suspend, or terminate your access to, or discontinue the availability of, the Services or any portion of the Services at any time, including for your failure to pay any Invoice as it becomes due or any other breach by you of the Terms of Service.

To cancel your Monthly Package and any applicable and cancellable Add-On Services, you must notify the Weedmaps Billing Team by emailing cancel@weedmaps.com at least five (5) business days before the beginning of your next Service Period, unless we otherwise agree in writing. If you notify the Weedmaps Billing Team of your cancellation less than five (5) business days before the beginning of your next Service Period, your Monthly Package and any applicable and cancellable Add-On Services will renew for one additional Service Period, after which your cancellation will become effective. You will continue to have access to your Monthly Package and any applicable and cancellable Add-On Services and will be responsible for the Total Monthly Price thereof until the end of the Service Period in which your cancellation is effective. Any Add-On Services that we agree in writing are not cancellable will continue for the duration of the term we agree upon in writing. No refunds will be provided upon cancellation, including for any period between the receipt of your notice of cancellation by Weedmaps and the effective date of your cancellation.

If you cancel your Account or we terminate your access to the Services, these Commercial Terms will terminate as an agreement between you and us, but you will continue to be bound by any obligations in the Terms of Service that are understood by their nature to survive such termination, including the following provisions of these Commercial Terms: 4. Invoicing and Payments; 5. Termination; 6. Compliance with Law; 7. Representations, Warranties, and Covenants; 8. Licenses and Intellectual Property; 9. Confidential Information; 12. Additional Disclaimer; 13. Indemnity; 14. Limits on Liability; 16. Dispute Resolution and Arbitration Agreement; and 17. Other.

Upon termination of these Commercial Terms or termination of your access to the Services (1) Weedmaps may deactivate your Account(s), (2) Weedmaps may delete your data, (3) your payment obligations described in these Commercial Terms with respect to any Services provided through the termination date will continue notwithstanding such termination, and (4) you will (a) deliver to Weedmaps all data and information in your possession or reasonable control (i) that is disclosed to you or to which you have access in connection with the Services and (ii) that is processed, prepared, accessed, used, aggregated, or generated in connection with the Services (collectively, “Weedmaps Data”); and (b) permanently delete in a manner that makes it non-readable and non-retrievable (i.e., pursuant to NIST 800-88, DoD 5220-22-M) all copies of Weedmaps Data in your possession or reasonable control, except to the extent you are required to retain such information under any Applicable Law or otherwise permitted to retain any transaction-related information in connection with potential consumer or regulatory disputes or complaints in accordance with Applicable Law.

6. Compliance with Law; Export Control

The Services and/or materials provided in connection with the Services are not appropriate or available for use in every location. If you choose to use the Services, you do so on your own initiative, and you must comply with all applicable federal, state, provincial, and local laws, statutes, ordinances, rules, and regulations (“Applicable Law”). Upon your acceptance of the Terms of Service and for so long as you maintain an Account or use any Services, you represent, warrant, and covenant that you are not (1) located or organized in, or a national or resident of, any country or territory that is, or becomes subject to, an embargo or sanction by the United States or Canada or is designated by the U.S. or Canadian government as a state sponsor of terrorism, including Cuba, Iran, North Korea, Syria, Crimea, the so-called Donetsk People’s Republic, and the so-called Luhansk People’s Republic regions of Ukraine (the, “Embargoed Countries”), or acting on behalf of any person located or resident in an Embargoed Country, or (2) a person or entity identified on, or 50% or more owned or controlled, directly or indirectly, by, or acting on behalf of, any person identified on any U.S., EU, UK, Canadian, or other applicable prohibited party list, including the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, and Sectoral Sanctions Identifications List, which are administered by the Office of Foreign Assets Control of the U.S. Treasury Department, and the Entity List, Denied Party List, and Unverified List, which are administered by the Bureau of Industry and Security of the U.S. Commerce Department. You also may not access or use the Services if you are prohibited from receiving products, services, or software from us under Applicable Law.

7. Representations, Warranties, and Covenants

For so long as you maintain an Account or use the Services, you represent, warrant, and covenant that (a) you have the authority, power and right to enter into, agree to, and perform your obligations under the Terms of Service, (b) if you are acting on behalf of a legal entity, it is duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it was organized, (c) the Terms of Service applicable to you constitute a valid and binding obligation enforceable against you in accordance with its terms, and the performance by you of your obligations under the Terms of Service will not violate any other agreement to which you are a party, (d) all information you transmit, submit, or provide to us or otherwise publish on our Websites or through the Services, including the Business Content (as defined below) is and will be true, correct, and complete and, if at any time any such information becomes incorrect, false, misleading, or incomplete, then you will immediately correct such information, (e) you comply and will comply with all Applicable Law and you will not take any action that is likely to result in Weedmaps breaching any Applicable Law, (f) you will at all times maintain valid and active licenses, authorizations, permits and registrations required for any sale, transportation, distribution, dispensation, and/or delivery of cannabis or cannabis-related products and any other commercial cannabis activities performed by you in all jurisdictions in which you conduct such cannabis activities (each a “License” and collectively, “Licenses”) and you will notify us of any change in the status of your Licenses, including any License revocation or expiration, immediately upon learning thereof; (g) you will provide all Licenses and/or any related documentation to Weedmaps immediately upon request; (h) you will promptly respond to any third party complaints, including any User complaints, in a professional manner and will act in accordance with the terms of the Terms of Service (i) you will not sell and will promptly remove all listings for any product subject to recall; (j) if you are located in the United States, you further represent, warrant, and covenant that you will not engage in any activity deemed a federal enforcement priority under the James Cole August 2013 Guidance Regarding Law Enforcement (the “Cole Memo”) notwithstanding its 2018 rescission, or any new cannabis guidance that may be issued by the Attorney General of the United States; and (k) you do not and will not: (i) distribute or participate in the distribution of marijuana to minors, (ii) participate in revenue from the sale of marijuana going to criminal enterprises, gangs, and cartels, (iii) divert marijuana from provinces and territories where it is legal under Canadian law in some form to other jurisdictions, (iv) participate in any Cannabis Act-authorized marijuana activity that is being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity, (v) use violence or the use of firearms in the cultivation and distribution of marijuana, (vi) commit or endorse drugged driving or otherwise exacerbate other adverse public health consequences associated with marijuana use, (vii) grow, produce, sell or distribute marijuana in violation of the Cannabis Act or any other Applicable Law, or (viii) otherwise violate the Cannabis Act or any other rules or regulations promulgated thereunder.

8. Licenses and Intellectual Property

a. Content

The Services may contain information, text, images, audio, video, graphics, reviews, location data, and other forms of data, communication, and/or other media (“Content”).

You or any person or entity on your behalf, including by your point-of-sale service providers, loyalty service providers, and/or any other service providers may provide, submit, or transmit your Content through the Services (“Business Content”), which may not include any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person (“Personal Information”). You will not provide, submit, or transmit Personal Information to Weedmaps or allow any person or entity acting on your behalf to do so except for (i) any Personal Information of your principals and/or employees if required in connection with the contractual relationship between us, and (ii) if you use WM Orders or WM Store for business or commercial purposes, to the extent expressly permitted by the WM Orders Supplemental Terms or WM Store Supplemental Terms, as applicable.

b. License to the Business Content

As between you and Weedmaps, you retain ownership of the Business Content, and you may remove any Business Content from the Services at any time. You hereby grant Weedmaps a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable right and license to use, host, display, publish, reproduce, distribute, transmit, edit, modify, adapt, and create any derivative works, including aggregated and/or deidentified data sets, catalogs, and compilations, of the Business Content in any media in connection with our provision, development, and promotion of Weedmaps and/or the Services, and Weedmaps will exclusively own all such derivative works. We may employ manual or automated curation tools to improve the Services.

You irrevocably waive, and cause to be waived, against Weedmaps, its affiliates, Users, and licensees and each of their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns, any claims and assertions of moral rights or attribution and/or infringement of 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 (“IP Rights”) with respect to the Business Content.

You represent, warrant, and covenant that:

  1. You have all the necessary rights, power, and authority, including any necessary licenses, consents, and/or permissions, required to grant the rights to the Business Content granted in these Commercial Terms, including to display, distribute, and deliver your Business Content within the Services;

  2. The Business Content and its submission to, transmission through, and availability on the Services does not and will not violate or infringe upon any Applicable Law and/or any third party right, including any IP Rights or any other right;

  3. The Business Content and its submission to, transmission through, and availability on the Services complies and will at all times comply with the Acceptable Use Policy;

  4. You are solely responsible for the Business Content, and you may incur liability arising from or related to the Business Content;

  5. Weedmaps is under no obligation to post any Business Content that you submit to, transmit through, or otherwise make available on the Services; and

  6. Weedmaps may, in its sole discretion, monitor, edit, screen, and/or remove the Business Content and any other Content that you may create, submit or transmit at any time and for any reason, but is under no obligation to do so.

c. Weedmaps’ Ownership of Weedmaps Content

We own the Content that we create and own or otherwise license the Content that we make available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilations, computer code, products, software, data, aggregate User review ratings, and all other elements and components of the Services, except for any User Content (as defined below), including Business Content, and Third Party Materials (as defined below). We own the IP Rights and any other proprietary rights throughout the world associated with the Weedmaps Content and Services, which are protected by IP Rights and Applicable Law. The IP Rights owned by Weedmaps includes all metadata or compilation data generated from the Services, including data using or derived from User Content, and any pricing, sales and inventory data input into the Services (the “Weedmaps Metadata”). You may not use or exploit any of the Weedmaps Content, the Services, or any of the IP Rights of Weedmaps, in any way, unless authorized by us in writing. Except as otherwise set forth herein, we do not grant you any express or implied rights relating to the Weedmaps Content or the Services, and all such rights are retained by us.

d. Disclaimer Regarding User Content

By using the Services, you acknowledge and agree that you may encounter Content of other Users submitted to, transmitted through, or otherwise made available on the Services (“User Content”) that may: (i) contain material that is false, misleading or defamatory; (ii) violate any third party right, including any IP Right or; (iii) contain material that is offensive and/or unlawful, including illegal hate speech or pornography or; (iv) exploit or otherwise harm minors; or (v) violate or advocate the violation of any law or regulation. Weedmaps does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. By using the Services, you understand and agree that Weedmaps is not the creator or developer of any information provided by other Users, including User Content, and Weedmaps is not responsible and will have no liability for any information provided by any User, including User Content and Business Content.

e. Third Party Materials

The Service may contain links to websites, mobile applications, and other online services operated by third parties (“Third Party Services” or “Third Party Materials”). In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of or representation that we are affiliated with any third party. We do not control Third Party Services, and we are not responsible for their actions. Your access to Third Party Services is within your sole discretion and at your own risk. We encourage you to read the privacy policies of any Third Party Services you use and make whatever investigation you feel necessary or appropriate before using them.

Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.

Some portions of the Weedmaps Products implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.

f. Copyright Infringement

If you repeatedly infringe upon or are charged with infringing upon the copyright or other IP Rights of another, we may disable your Account and/or your access to the Services or certain portion(s) of the Services in our sole discretion.

We will respond appropriately to claims and reports of copyright infringement taking place on or through the Services in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”) as applicable.

If you are a copyright owner or an authorized representative of a copyright owner, please report any alleged copyright infringements taking place on or through the Services by submitting a DMCA Notice of Alleged Infringement (“Notice”) including the following information:

  1. Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by the Notice, please provide a comprehensive list of the copyrighted works you claim have been infringed.

  2. Identify the infringing activity, including the material that you claim is infringing upon the copyrighted work, and the location of the infringing activity (typically by providing the URL of the relevant area or section of the Website(s) or Services).

  3. Provide your mailing address, telephone number, and email address.

  4. Include both of the following statements in the body of the Notice:

    a. “I hereby state that I have a good faith belief that the alleged infringing use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

    b. “I hereby state that the information in this Notice is accurate, and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright that is allegedly infringed.”

  5. Provide your full legal name and your electronic or physical signature.

  6. Deliver this Notice, with all above items completed, to Weedmaps: Ghost Management Group, LLC, Attn: Legal Department, 41 Discovery, Irvine, CA 92618, DMCA@weedmaps.com.

Upon receipt of a properly completed and delivered Notice, we will take any action we deem appropriate in our sole discretion, subject to our obligations under the DMCA, including removal of the infringing activity from the Services. Please note that, pursuant to 17 U.S.C. § 512(f), any knowing material misrepresentation could subject the complaining party to liability for any damages, costs, and attorney’s fees incurred by Weedmaps as a result of the Notice and allegation of copyright infringement.

9. Confidential Information

We may provide you with or otherwise disclose non-public information concerning Weedmaps, including information that should reasonably be understood by you, because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, to be confidential or proprietary to Weedmaps, whether or not we identify such information as being confidential or proprietary (collectively, “Confidential Information”). Confidential Information includes but is not limited to (a) all pricing and/or invoice information, including but not limited to the price of any Services, your Total Monthly Price, your listing and/or advertising positions or placements, and any terms and conditions contained therein; and (b) any username(s), passwords(s), API key(s), menu embed code(s), or any other access credentials provided to you by Weedmaps or any of our affiliates. Confidential Information does not include any information that: (i) was publicly known at the time of our communication thereof to you; (ii) becomes publicly known through no action or fault of yours; (iii) was in your possession free of any obligation of confidentiality at the time of our communication thereof; (iv) is developed by you independently of, and without reference to, any of our Confidential Information; or (v) is rightfully obtained by you from third parties authorized to make such disclosure without restriction.

During the period you use the Services and for three (3) years following the last day any Confidential Information is disclosed to you, you: (a) will not use any Confidential Information other than to the extent necessary to exercise your rights or perform your obligations under and in accordance with the Terms of Service and (b) keep confidential and not publish or otherwise disclose to any third party any Confidential Information, except if: (i) the disclosure or use of Confidential Information is expressly permitted by the Terms of Service or (ii) the Confidential Information is required to be disclosed pursuant to Applicable Law or in response to a valid order of a court of competent jurisdiction or other governmental or regulatory body, provided that before making any such disclosure, you must first give us written notice and a reasonable opportunity to obtain a protective order, and you will reasonably cooperate with us to limit disclosure of Confidential Information.

10. Advertising or Publicity

You will not use Weedmaps’ or its affiliates’ names, trademarks or logos for advertising or any other similar purpose, including in any brochures, advertisements, press releases, testimonials, websites, or client or vendor reference lists or other implied or expressed endorsements, without our prior written approval, which may be withheld and withdrawn in our sole discretion. You agree not to purport to be endorsed or affiliated with us without our prior written approval, which may be withheld in our sole discretion.

11. Subcontractors

We have the right to provide any of the Services to you through any third party.

12. Additional Disclaimer

IN ADDITION TO THE EXPRESS DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, WEEDMAPS SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR GUARANTEES AS TO UPTIME, CAPACITY, OR FUNCTIONALITY OF THE SERVICES, OR FOR THE PERFORMANCE, QUALITY AND RESULTS OF THE SERVICES. YOU ARE NOT ENTITLED TO ANY DAMAGES, OFFSETS OR REDUCTIONS IN FEES AS A RESULT OF ANY DOWNTIME, INTERRUPTION, FAILURE, OR DISCONTINUATION OF THE WEBSITES OR THE SERVICES PROVIDED BY WEEDMAPS OR ITS AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS.

13. Indemnity

You agree to indemnify, defend, and hold Weedmaps and its affiliates and each of their respective subsidiaries, owners, shareholders, partners, members, directors, managers, officers, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns (collectively, the “Weedmaps Parties”) harmless from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including but not limited to attorneys’ and other legal fees and court costs), known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to: (i) your use or misuse of the Services; (ii) your Business Content including any use or misuse of any IP Rights of any third party, or your failure to obtain any necessary licenses to conduct your business on the Websites or use any of the Services; (iii) your breach or violation of the Terms of Service; (iv) your violation of Applicable Laws; (v) your products or services or the provision thereof to any Users or your other customers, and any dispute between one or more Users and yourself; (vi) any death or personal injury of any person on your premises or otherwise in connection with the use of your products or services; (vii) the negligence or willful misconduct of you or any of your owners, shareholders, partners, members, directors, managers, officers, employees, consultants, contractors, agents, subcontractors, attorneys or other legal representatives, representatives, licensees, and licensors (“Personnel”), including any illegal, unauthorized, misleading or fraudulent activity thereof; (viii) any Taxes attributable to your use of the Services other than taxes with respect to the net income of Weedmaps; or (ix) any taxes charged to Users for your products or services.

Weedmaps will notify you of any claim for which Weedmaps seeks indemnification hereunder; provided, that the failure to provide such notice will not relieve you of your obligation to provide indemnification hereunder. Weedmaps reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder; provided, that Weedmaps may elect to require you to assume control of the defense of and settlement of any such claim at your sole cost and expense.

You agree to cooperate with our defense of such claims. In the event Weedmaps elects to require you to assume control of such claim, you will employ counsel acceptable to Weedmaps, and you will not settle any claim without Weedmaps’ prior written consent.

You agree that any breach of the Terms of Service by any of your Personnel or any person that such Personnel directs will be deemed to be a breach of the Terms of Service by you.

14. Limits on Liability

You expressly acknowledge, understand, and agree that the Weedmaps Parties are not responsible for and you forever release them from any claims, costs, or damages, known or unknown, arising out of or in any way connected with (a) any technical disruptions, computer malfunctions, computer viruses, modifications to the Services, the use of or the inability to use the Services, the cost to procure substitute goods and services, unauthorized access to or alteration of your transmissions or data, including your Business Content, the failure of any network or the Services to process any order or offer, or any other event beyond Weedmaps’ reasonable control, or (b) the actions, services, content, or data of any third party, including Users or other clients of Weedmaps, or interactions between you and any such third party.

TO THE FULLEST EXTENT PERMITTED BY LAW, WEEDMAPS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR (I) ANY LOSS OF USE, LOST DATA, LOST PROFITS, OR INTERRUPTION OF BUSINESS OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, EVEN IF WE WERE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; (II) TORT DAMAGES UNLESS RESULTING FROM OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; OR (III) EQUITABLE REMEDIES OR INJUNCTIVE RELIEF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO OUR PROVISION OF THE SERVICES OR PERFORMANCE OR NONPERFORMANCE OF ANY OF OUR OBLIGATIONS IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE ALLEGED LIABILITY.

15. Prohibited Activities; LIQUIDATED DAMAGES

YOU ARE PROHIBITED FROM USING THE SERVICES TO (A) MARKET, PROMOTE OR OTHERWISE LIST ON THE WEBSITES ANY THIRD PARTY WEBSITE, MOBILE APPLICATION OR OTHER BUSINESS OR SERVICE WHICH PROVIDES DISPENSARY, CANNABIS RETAILER, DELIVERY SERVICE, OR BRAND LISTING SERVICES OR OTHER MARKETING OR ADVERTISING SERVICES WHICH ARE OTHERWISE SIMILAR TO ANY OF THE SERVICES OR (B) MARKET, PROMOTE OR OTHERWISE LIST ON THE WEBSITES ANY THIRD PARTY BUSINESS WHICH IS NOT YOUR BUSINESS (THE “PROHIBITED SERVICES”), PROVIDED THAT NOTHING HEREIN IS INTENDED TO PROHIBIT YOU FROM LISTING YOUR OWN WEBSITE OR SOCIAL MEDIA ACCOUNTS ON THE SITE. YOU AGREE THAT IT WOULD BE DIFFICULT TO ESTIMATE THE AMOUNT OF WEEDMAPS’ DAMAGES IN THE EVENT THAT YOU BREACH THIS SECTION 15. YOU AGREE THAT IF YOU BREACH THIS SECTION 15, WEEDMAPS WILL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) PER MONTH IN WHICH SUCH BREACH OCCURS OR CONTINUES TO OCCUR. THE PARTIES AGREE THAT THESE DAMAGES ARE FAIR AND REASONABLE IN LIGHT OF THE SUBSTANTIAL ECONOMIC HARM TO WEEDMAPS AND LOSS OF BUSINESS IF YOU BREACH THIS SECTION 15, AND YOU AGREE THAT YOU WILL NOT CHALLENGE THE AMOUNT OF SUCH DAMAGES OR CONTEND SUCH DAMAGES ARE A PENALTY PROVISION UNDER STATE, PROVINCIAL, OR FEDERAL LAW. THE PARTIES AGREE THIS AMOUNT IS A GENUINE ESTIMATE OF THE DAMAGES SUFFERED BY WEEDMAPS IN THE EVENT OF A BREACH OF THIS SECTION 15 AND THE PAYMENT OF THESE LIQUIDATED DAMAGES WILL BE WITHOUT PREJUDICE TO WEEDMAPS’ RIGHT TO REMOVE THE PROHIBITED SERVICES FROM THE SITE.

16. Dispute Resolution and Arbitration Agreement

THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND WEEDMAPS ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO MEDIATION FOLLOWED BY BINDING INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT LIMITS CERTAIN RIGHTS INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN CLASS OR OTHER COLLECTIVE ACTIONS.

a. Overview of Dispute Resolution Process

Weedmaps is committed to participating in a mutually beneficial dispute resolution process. In the unlikely event of a dispute, these Terms are designed to provide for expedited and efficient resolution through mediation and if necessary followed by binding arbitration, both administered by the American Arbitration Association (“AAA”).

b. Agreement to Arbitrate

You and Weedmaps (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to the Terms of Service, including the applicability, breach, termination, validity, enforcement, or interpretation thereof, or the use of the Services (collectively, “Disputes”) will be subject to preliminary mediation and if that is not successful, settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide the issue.

c. Exceptions to Arbitration Agreement

The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s IP Rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions will not be deemed a waiver of either Party's right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

d. Arbitration and Mediation Rules

The Arbitration Agreement will be governed by the U.S. Federal Arbitration Act. Arbitration and mediation proceedings will be administered by the AAA in accordance with the AAA Commercial Arbitration Rules and Mediation Procedures and/or other AAA rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

e. Jury Trial Waiver

THE PARTIES ACKNOWLEDGE AND AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AS TO ALL ARBITRABLE DISPUTES.

f. Seat of Arbitration; Language

The seat or place of any arbitration and mediation proceedings will be in Orange County, California. Arbitration and mediation proceedings will be conducted and any award will be rendered in the English language.

g. No Class Actions, Representative Proceedings, or Mass Arbitations

THE PARTIES ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO PARTICIPATE IN ANY MASS ARBITRATIONS. Unless the Parties both otherwise agree in writing, the arbitrator/mediator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver, the “class-wide arbitration” waiver, or the “mass arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute, and the Dispute must proceed in court. If the “collective action” or “private attorney general action” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement, and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Before either Party may file an arbitration claim, the Parties agree to first mediate any claims between them with the AAA. Any Party refusing to mediate will not prevent the other Party from pursuing their claims in arbitration. The Parties will share the cost of mediation equally. Nothing herein will be construed to prevent any Party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving Party’s right to compel arbitration of any dispute. The Parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

h. Survival Past Termination

Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.

17. Miscellaneous

a. Entire Agreement

The Terms of Service and any other agreements between you and Weedmaps with respect to the Services make up the entire agreement between the Parties regarding your access or use of the Services for any business or commercial purpose, and supersede any prior agreements, whether oral or written. No statements or promises from us or any other party have been relied upon with respect to your agreement to be bound by the Terms of Service, except as expressly set forth therein.

b. Severability

If any portion of the Terms of Service is found to be unenforceable, then the unenforceable part will be given effect to the greatest extent possible and to the extent not possible, that portion will be severed and the remaining portions of the Terms of Service will remain in full force and effect.

c. Waiver; Amendment

If Weedmaps fails to enforce any of the Terms of Service, it will not be considered a waiver. Any delay or omission by Weedmaps in the exercise of its rights hereunder will not impair those rights nor will it constitute a renunciation or waiver of those rights. All rights, remedies, undertakings, obligations and agreements contained herein will be cumulative, and will not limit any other right, remedy, undertaking, obligation, or agreement of Weedmaps. Any amendment to or waiver of the Terms of Service must be made in writing and signed by us, provided however, that the Terms of Service may be updated by us as otherwise provided herein.

d. Audit

You will provide us with access to your records, facilities, and premises to audit, inspect, examine and otherwise verify your compliance with the Terms of Service. If any such audit, inspection or examination reveals that you are not in compliance with any of your obligations under the Terms of Service, you will promptly remedy such noncompliance, subject to Weedmaps’ written approval, and pay our reasonable costs associated with the audit, inspection or examination.

e. Assignment

You are prohibited from transferring or assigning any of your rights or obligations under the Terms of Service to anyone else without our consent , and any purported transfer or assignment in violation of this restriction will be void. If you undergo any change in ownership, whether by sale or transfer of assets or equity, by merger or amalgamation or otherwise and/or cease operations, you must notify Weedmaps within fifteen (15) days and apply for assignment of your use of the Services to the new owner, if applicable. The decision to allow such assignment will be in Weedmaps sole discretion, which may be withheld for any reason whatsoever. No assignment of Listing Services will be permitted or become effective until all outstanding Invoices are paid in full. All of our rights and obligations under the Terms of Service are freely assignable by us to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms of Service will be binding upon and inure to the benefit of the permitted successors and assigns of the Parties.

f. No Third Party Beneficiaries

Except as expressly set out herein, including in Section 13, the Terms of Service do not confer any rights or benefits to any third party.

g. Law; Venue

The Terms of Service and any matters arising out of or related to the Terms of Service will be governed by California law, without regard to its conflicts of law principles. Judicial proceedings that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal courts in Orange County, California, unless we both agree to an alternative venue. The Parties consent to venue and personal jurisdiction in Orange County, California. Without prejudice to the foregoing, you agree that, in its sole discretion, Weedmaps may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim. The Parties agree that the 1980 UN Convention on Contracts for the International Sale of Goods will not apply.

h. Relationship of the Parties

Neither your consent to these Terms of Service nor your use of any Services will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Weedmaps and you.

i. Interpretation

Unless the context otherwise requires: (a) the words “hereof,” “herein,” and “hereunder” and words of similar import, when used in these Commercial Terms, will refer to these Commercial Terms as a whole and not to any particular provision of these Commercial Terms; (b) terms defined in the singular will have a comparable meaning when used in the plural, and vice versa; (c) the terms “Dollars” and “$” mean United States Dollars; (d) wherever the words “include,” “includes,” or “including” is used in these Commercial Terms, they will be deemed to be followed by the words “without limitation”; and (e) references herein to any gender shall include each other gender.

j. Notice

All notices from you or your representatives to us must be in writing and will be deemed given when received via First Class Mail or overnight delivery to Ghost Management Group, LLC, 41 Discovery, Irvine CA 92618, Attention: Legal Department or via email when sent to legal@weedmaps.com.