Weedmaps Consumer Terms of Use

Last updated October 30, 2023

Weedmaps Consumer Terms of Use

1. Introduction

Welcome to Weedmaps! These Terms of Use ("Terms") are a binding agreement between you and Ghost Management Group, LLC, and govern your access to and use of our services, which include any website(s) (“Websites”), mobile application(s) (“Apps”), and any other features or mechanisms that Weedmaps provides for you to engage with us directly or with a Business that uses our services (collectively, the “Products” and/or "Services"). A “Business” is any third-party entity who lists their cannabis-related or non-cannabis-related products, services, or businesses on the Websites. By accessing or using the Services, you agree to be bound by these Terms.

These Terms INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS. Please review all Terms carefully.

Our Privacy Policy explains how we collect, use, and share information about you when you access and use our Services. You understand and acknowledge that when you use or access our Services, you consent to the collection and use of information as outlined in the Privacy Policy.

These Terms, along with any Additional Terms applicable to parts of the Services you use, our Privacy Policy, and any other policies or terms referenced in these Terms, constitute the entire agreement (“Agreement”) between you and us in connection with your access to and use of the Services.

2. Changes to Terms

We may make changes to these Terms or other terms from time to time for various reasons, including to reflect our business practices and Services more accurately, to comply with Applicable Law (as defined below), or to prevent harm or abuse. Unless otherwise required by law, if we make changes, we will post the revised Terms with an updated "Last Updated" date, at which time the revised Terms will become effective immediately. If we determine, in our sole discretion, that any changes are material, we will provide you with notice of such changes, for example, via prominent notice through our Services or by contacting you at an email address you have given us. By continuing to access or use any of our Services after changes have gone into effect, you agree to be bound by the revised Terms.

3. Your Use of the Services

a. Eligibility

The Services are intended for and are available to individuals who are at least eighteen (18) years old, or the applicable age of majority, who can willingly and knowingly enter into binding contracts under Applicable Law, and who access and use the Services for their personal use (“Consumers”). Some of the Services require you to be at least twenty-one (21) years old to access or use those services. You may be asked to verify that you are over the applicable age limit when you access or use certain of the Services, and you agree that you will not misrepresent your age. The Services are not available to minors, previously suspended users, or to any individuals who are otherwise ineligible to use or access the Services. You agree that you will not invite any person to use or access the Services who is not eligible under these Terms, or facilitate access to or use of the Services for someone who does not meet the minimum legal age described above.

If you are accessing or using the Services on behalf of a business, you expressly acknowledge and agree that your access and/or use is subject to the Weedmaps Commercial Terms of Use and any applicable Additional Terms. This is true even if you use your personal Account (as defined below) to access or use the Services.

b. Electronic Communications

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 but not limited to 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 provide us with your mobile number, you agree that we may contact you using autodialing technology or prerecorded calls or text messages to provide account and order-related messages. We will not contact you using autodialed 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, including with Businesses to facilitate your orders. 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 phone carriers are liable for undelivered or delayed messages.

c. Acceptable Use

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

d. User Accounts

i. Account Requirements. You may be required to create a user account for yourself to access or use some of the Weedmaps Services (a “Personal Account” or “Account”). By creating an Account, you agree that:

  1. You are the age of majority in the jurisdiction where you reside, and you are able to enter into binding legal contracts with Weedmaps.

  2. You have not previously been suspended or permanently banned from using our Website or Services, or if you have previously been suspended, it was a temporary suspension that has now been removed.

  3. You will not register a username or email address that: (a) is already in use by someone else; (b) impersonates or belongs to another person or entity; (c) violates the intellectual property or other right of any person or entity; or (e) 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.

  4. You will provide accurate, current, and complete registration information about yourself, and update it whenever necessary to keep it accurate, current, and complete at all times.

  5. You will not create more than one Account, unless we specifically authorize you to do so in writing.

  6. You are responsible for keeping your username, password, and any other methods used to access your Account, the Website, or the Services secure and confidential, and must not allow any third party to use or access your Account in any way.

  7. You will immediately notify us of any unauthorized use of your username, password, or Account, or any other breach of security.

  8. You are solely responsible for all activities that occur under your Account, whether or not you authorized the activity.

ii. Reporting. If you believe that an Account listed on any of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to help@weedmaps.com. Weedmaps does not, however, review each Account to determine if it was created by an appropriate party. In addition, Weedmaps is not responsible for any unauthorized Account that may appear on the Services.

iii. Account Preferences. We may offer you the ability to set preferences relating to your Account, but changes to your settings may not become effective immediately or may contain errors, and options may change from time to time. Except as required by law, Weedmaps assumes no responsibility or liability for any issues or problems that you encounter with preference settings available in your User Account.

e. Your Commitments Regarding the Use of Our Services

When you access or use our Services, including when you transmit an order through WM Orders or WM Store (as defined below), you represent and agree with the following:

i. If required when transmitting an order, you will upload a valid, unexpired, government-issued identification card to your Account.

ii. If required when ordering medical cannabis, you will upload or otherwise provide an applicable, valid and unexpired, medical cannabis recommendation or other data as required in the jurisdiction where your order is transmitted.

iii. Your placement of any order does not violate any applicable state or local law, including any legal limitations on the transmission or placement of orders through WM Orders or WM Store.

iv. Upon pick-up or delivery of an order, you agree to comply with any legal requirements regarding the presentation of your valid and unexpired government-issued identification and/or medical cannabis recommendation, and you understand that failure to comply may result in the Business or other service provider refusing to sell or release cannabis products to you. Any dispute regarding the sale of cannabis products or fulfillment of an order placed by you to a Business must be resolved between you and the Business.

4. The Services We Provide

a. Weedmaps is Only a Technology Platform

Weedmaps is solely a technology platform. Weedmaps is not a licensee, cannabis retailer, cultivator, or cannabis brand and does not provide delivery of any cannabis, process payments for cannabis, or cultivate, manufacture, package, label, test, or sell cannabis. Businesses are solely responsible for ensuring that their products, services, or businesses are offered in a safe, legal, and compliant manner. Weedmaps has no responsibility or liability for any products or services offered by any Business, or for any reviews or statements posted on the Websites regarding any products or services offered by any Business.

b. Orders

As part of our Services, we may provide you with the ability to transmit orders for cannabis-related products and to arrange for delivery or pick-up of such products through Businesses and/or third-party vendors. When this functionality is offered via our Websites or Apps, it is called WM Orders. When offered via a Business's own website or a wm store web domain, this is called WM Store. These elements of the Services serve as a communications medium enabling you to transmit orders to participating Businesses. Weedmaps is not a party to any transaction that results from orders transmitted through these Services, and Weedmaps is neither the seller of any products, nor a provider of any pick-up or delivery services connected to orders transmitted through the Services. Weedmaps does not control production or fulfillment of any order transmitted through our Services.

If you use WM Store to interact with or place an order with a Business from their own website or storefront, you understand that the Business and Weedmaps may both receive any information that you provide while using WM Store. You understand and agree that the Business may process your information subject to its own terms and/or privacy policy.

Weedmaps is not responsible for verifying the credentials or representations of any Businesses, or the authenticity or quality of any products or services offered by Businesses. You understand and acknowledge that Businesses are solely responsible for all aspects of their business operations, including licensing, marketing, selling, pricing, fulfillment of orders, quality and authenticity of products, and the provision of services such as pick-up or delivery. Weedmaps makes no representation or warranty regarding whether a Business holds any applicable license or other credential for its business, whether representations made by a Business are true and accurate, or whether a Business complies with any Applicable Law.

c. Promotions

As part of our Services, we may display or otherwise make available certain deals, promotions, coupons, promotional codes, giveaways, samples, or other offers (“Promotions”), which are offered or made available by listed Businesses or other third parties. We display these Promotions as a form of advertisement for the Business only. All Promotions are made directly by the Business, and not by us. Promotions may be subject to additional terms, conditions, exclusions, or restrictions as set by the Business, or under Applicable Law. The Business offering the Promotion, and not Weedmaps, is solely responsible for (i) administering, honoring and redeeming Promotions made available via our Services; (ii) compliance with Applicable Law (including Promotion availability and content, advertisement, redemption, and the terms, conditions, exclusions and restrictions related to any Promotion); and (iii) all underlying goods and services that may be provided to you in connection with a Promotion.

Should any dispute, issue, complaint, injury or other claim, without limitation, arise in connection with a Promotion, you must resolve it directly with the Business that offered the Promotion, and not with us.

d. Reviews

You may post reviews about Business Listings, Weedmaps’ Products and/or Services, and/or the products and/or services that you order via Listings (“Reviews”). We are not liable for the content of any Reviews. You will not, directly or indirectly, remove, alter, or reorder the Reviews. You may flag reviews to us which you believe violate our Review policies by clicking the “Report” button under each review. Reviews may only be removed by us and within our sole and exclusive discretion. You may only submit reviews regarding your own experience(s) with Listings, Weedmaps’ Products and/or Services, or the products and/or services that you have purchased, in accordance with the Acceptable Use Policy.

e. Our Right to Terminate Your Account and Pursue Violations

We may, in our sole discretion and at any time, immediately suspend or terminate your Account(s), for example, for a violation of these Terms of Use. We may also limit or prohibit your access to the Services, and any affiliated applications, functions, or tools.

If we terminate your User Account(s), we may deny you access to our Services; remove Content that you submitted; and/or remove any special status associated with your account(s). We may take technical and/or legal steps to prevent you from using our Services in the future. We have the right to investigate and prosecute violations of this Agreement and any other agreements between you and Weedmaps to the fullest extent of the law.

f. Acknowledgement of Laws

By accessing or using our Services, you represent and warrant that your use complies with all applicable federal, state, provincial, and local laws, statutes, ordinances, rules, and regulations of any jurisdiction throughout the world (“Applicable Law”).

i. U.S. Federal Law. Weedmaps operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, 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 acknowledge and understand that the interstate transportation of marijuana is a federal offense.

ii. U.S. State Law. You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence or in the state where you are located, unless all participants are acting completely within the scope of the state’s applicable laws.

iii. The Laws of Your Location. While the Websites and Services may be accessed from various locations, Weedmaps only accepts listings from Businesses located in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Service Area”). You must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to access or use the Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while accessing or using the Services. Weedmaps reserves the right to determine or change its Service Area in its sole discretion at any time.

iv. Health Information. You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available through the Services have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products available on the Websites are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to provide medical advice or offer a cure to any health or medical condition nor to provide a substitute for the advice provided by a physician or other healthcare professional. If you are pregnant, nursing, taking medication, or have a medical condition, please seek the advice of your healthcare practitioner before using any products seen on the Websites.

5. Content & Licensing

a. Content

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

“Your Content” means any Content that you create with, submit to, or transmit through the Services or in connection with your use of the Services or your Account. As between you and us, you retain any ownership rights in Your Content that is created with, submitted to, transmitted through or otherwise provided or made available through the Services. When any such Content is created, submitted or transmitted by another user of our Services, we call that “User Content”.

“Weedmaps Content” means any Content that we create or that is otherwise owned by us or licensed to us that we make available in connection with the Services.

“Third Party Content” means Content that originates from parties other than Weedmaps or users of the Services, which is made available in connection with the Services and is not otherwise owned by us.

b. License Grant

You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, modify, edit, display, host, distribute, perform, store, transmit, employ manual or automated curation of, and prepare derivative works of, Your Content, including any personal information provided in connection with Your Content, for internal purposes and to improve our Products and Services. We may use Your Content in aggregated and/or deidentified data sets, catalogs, and compilations, and shall exclusively own all derivative works. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

c. Your Commitments Regarding Content

i. When you create, submit or transmit Content, you represent and warrant that:

  1. You have all rights and authority required to use and authorize the use of Your Content as described in this section.

  2. Your Content and your use of the Services to create, submit or transmit Content complies at all times with the Acceptable Use Policy.

  3. You are solely responsible for anything you submit to or transmit through the Services. You may expose yourself to liability if you submit or transmit Content without the necessary rights, or in violation of any Applicable Law or the rights of another party.

  4. You understand that we have no obligation to post or maintain any Content that you submit to the Services.

ii. We do 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 owner of any Content other than Weedmaps Content, and we are not liable for any information provided by entities other than Weedmaps. You understand that, through your use of the Services, you may encounter User Content that does not comply with the Acceptable Use Policy, and/or that violates or advocates the violation of Applicable Law.

iii. You understand that, while we are under no obligation to do so, we may, in our sole discretion, monitor, edit, screen, or remove Your Content at any time and for any reason, including but not limited to: violating any provision of these Terms or the Acceptable Use Policy, or because you (or Your Content) create or are likely to create a risk of liability for us.

d. Third Party Content

The Services may display, include, or make available Third Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Promotions. Third Party Content is provided solely as a convenience to you, and you access and use Third Party Content at your own risk. Third Party Content may be subject to the applicable third party’s terms of use, including privacy and data collection and use policies. You acknowledge and agree that we are not responsible and will have no liability for any Third Party Content.

Some portions of the Services 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.

6. Copyright Infringement

It is our policy, subject to the circumstances and in our sole and absolute discretion, to disable, eliminate access to, and/or terminate any Account that repeatedly infringes upon or is repeatedly charged with infringing upon the copyright interests of another.

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

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”) as described below. Upon receipt of a properly completed and delivered Notice, we will take those actions we deem appropriate in our sole discretion, subject to our obligations under the DMCA, including removal of the infringing activity from the Services.

DMCA Notice of Alleged Infringement

  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 (i.e. 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].

    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.

7. Disputes, Indemnification, and Release

If there is a dispute between any users of the Services, including between Consumers and Businesses or other advertisers, you understand and agree that we and our affiliates are under no obligation to become involved in such a dispute.

You agree to indemnify and hold Weedmaps and its affiliates (and their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to attorneys’ 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 Content; (iii) your breach or violation of these Terms, any applicable Additional Terms, or the Privacy Policy; or (iv) your violation of applicable laws or regulations.

We will use reasonable efforts to notify you of any such claim for which we seek indemnification hereunder once we have become aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. We reserve 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 party that you agree to indemnify, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

You hereby release and forever discharge Weedmaps and its affiliates (and their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to use of the Services and in connection with any interactions with, or act or omission of, other Websites, Services, or Third Party Content.

8. Dispute Resolution

THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND WEEDMAPS ARE RESOLVED, AND REQUIRES THAT DISPUTES BE SUBMITTED TO 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.

Overview of Dispute Resolution Process

Weedmaps is committed to participating in a consumer-friendly dispute resolution process, In the unlikely event of a dispute, these Terms are designed to provide for expedited and efficient resolution through binding arbitration administered by the American Arbitration Association (“AAA”).

Agreement to Arbitrate

You and Weedmaps (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms – including the applicability, breach, termination, validity, enforcement, or interpretation thereof – or the use of the Services (collectively, “Disputes”) will be 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.

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, misappropriate, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or Weedmaps’ right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.

Arbitration Rules

The Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration 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.

Jury Trial Waiver

The Parties acknowledge and agree to waive the right to a jury trial as to all arbitrable Disputes.

No Class Actions or Representative Proceedings

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. Unless the Parties both otherwise agree in writing, the arbitrator 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 or the “class-wide 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 paragraph 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.

Survival Past Termination

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

9. Disclaimer of Warranties

You expressly acknowledge, understand, and agree that:

  1. To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, is assumed by you and remains with you.

  2. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. Weedmaps and its affiliates and each of their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and quality of service, or any other potential or actual warranty of any kind.

  3. Weedmaps and its affiliates and each of their respective owners, shareholders, directors, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns make no guarantee or warranty that: (a) the Services will satisfy your needs and requirements or will be compatible with your equipment; (b) the Services, and all affiliated websites, features, services, communications, and applications, will be comprehensive, uninterrupted, timely, secure, or error-free, or be free from loss, destruction, corruption, online attack, viruses, worms, or other invasive, harmful, or corrupted or other related intrusions; (c) the information, data, or results realized or obtained from your use of the Services will be accurate, up to date, satisfactory or reliable or fit or useful for any specific purpose; (d) the quality or value of any properties, services, products, information, or other materials purchased or obtained by you through the Websites and Services will meet your expectations; (e) that any offer made or message sent will be successfully transmitted, received, and processed; and (f) any errors in the guidelines, software, or protocols will be corrected or resolved.

  4. Weedmaps is unable to guarantee consistent, continuous, or secure access to its websites, applications, services, programs, content, and network, and operation of the Websites and Services may be interfered with or delayed by numerous potential factors outside of Weedmaps’ control.

  5. Any product or program downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible and fully liable for any damage to your computer system or mobile device, loss of data, or any other loss or damage that results from the download or use of any such product, material, application, feature, or other program.

  6. All content, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Weedmaps or from the Websites, Services, or relevant social media pages is intended for informational and educational purposes only. Such information is not intended to be legal advice and/or medical advice, diagnosis, or treatment. You should consult an attorney for legal advice regarding your individual situation and/or a doctor or other qualified healthcare provider if you have any questions about any medical conditions.

  7. No information, including medical or legal information, strategy, guidelines, or related content, whether oral or written, obtained by you from Weedmaps or from the Websites, Services, or relevant social media pages shall create any warranty, guarantee, or strategy not expressly stated in these Terms.

  8. Weedmaps cannot and does not control any User Content and, as such, does not guarantee the accuracy, integrity, quality, safety, legality, morality, and/or authenticity of such content, the truth or accuracy of users’ content, the ability of listings to confirm product availability or pricing, or the ability of users to confirm experiences from using or purchasing specific products discussed or sold on the Websites or Services.

10. Limitation of Liability

You expressly acknowledge, understand, and agree that:

  1. Weedmaps and its affiliates and each of their respective owners, directors, shareholders, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns shall bear no liability whatsoever, whether in contract, warranty, tort (including negligence), product liability, or any other legal theory for any costs or damages of any kind resulting from technical disruptions, computer malfunctions, computer viruses, third-party modifications to the Services, or any other event beyond Weedmaps’ reasonable control.

  2. Weedmaps and its affiliates and each of their respective owners, directors, shareholders, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns shall not be liable to you (or any third party you represent) for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, or other damages, including, but not limited to, computer damage or system failure, damages for loss of opportunity, reputation, profits, goodwill, use, valuation, tax benefit, data, or other intangible losses (even if Weedmaps has been advised of the possibility of such damages) arising out of or related to: (a) these Terms, the Additional Terms, and the Privacy Policy; (b) the use of or the inability to use the Services; (c) the cost to procure substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages, e-mails, reviews, postings, comments, or other communications received, or transactions entered into via the Services; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the Websites; (f) the failure of the network or the Websites to timely process an offer; or (g) any other matter relating to the Services.

  3. Weedmaps and its affiliates and each of their respective owners, directors, shareholders, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns are not a party to any transactions made between Businesses and Consumers. Weedmaps and its affiliates and each of their respective owners, directors, shareholders, managers, officers, partners, employees, consultants, contractors, agents, licensees, licensors, successors, and assigns shall not be liable for any defaults, costs, the contents of any documents, or interactions between or among users, including users, listings, physicians, and all related parties.

  4. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE AMOUNT OF OUR TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE ADDITIONAL TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE WEBSITES OR SERVICES (OR RELATED TO OUR PROVISION OF SERVICES OR PERFORMANCE OR NONPERFORMANCE OF OUR OBLIGATIONS) IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $100.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Weedmaps. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.

11. Other Terms That May Apply to You

Some parts of the Services have additional terms, policies, guidelines, or rules that may govern your access to and use of those products, website(s), app(s), features or services, as applicable (each and collectively, the "Additional Terms"). Additional Terms will be posted or presented to you via a link on the applicable part of the Services, and may be modified from time to time. If there is any conflict between these Terms and any Additional Terms, the relevant Additional Terms will govern with respect to your use of that product or service. If you access or use the Services for any commercial or business purpose, including creating or maintaining a business listing page, advertising, or selling goods or services, you hereby expressly agree to the Weedmaps Commercial Terms of Use.

12. Choice of Law; Venue

Except as otherwise provided in Section 8, these Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of the State of California without regard to its conflict of law provisions. Judicial proceedings that are excluded from the Arbitration Agreement in Section 8 must be brought in state or federal court in Orange County, California, unless you and we both agree to some other location. You and we both consent to venue and personal jurisdiction in Orange County, California.

13. Export Control and Foreign Asset Control Regulations

We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all Applicable Laws. You represent and warrant that you are not (i) located or organized in, or a national or resident of, any country or territory that is, or becomes subject to, an embargo by the United States or is designated by the U.S. government as a state sponsor of terrorism (such jurisdictions currently being Cuba, Iran, North Korea, Syria, and the Crimea, the so-called Donetsk People’s Republic, and the so-called Luhansk People’s Republic regions of Ukraine) (collectively, “Embargoed Countries”) or acting on behalf of any person located or resident in an Embargoed Country, or (ii) 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, or other applicable prohibited party list (including, without limitation, 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.

14. Miscellaneous

These Terms, together with the Privacy Policy and any other Additional Terms that apply to you, form the entire agreement between you and us with respect to your access to and use of the Services. Our failure to enforce or exercise any provision of or right within these Terms will not constitute a waiver of such provision or right. Except as otherwise provided in Section 8, if any part of these Terms is deemed to be unenforceable or invalid, that part will be given effect to the greatest extent possible, and the remaining parts will be given full force and effect. You may not transfer or assign any rights or obligations under these Terms without our express written consent. We may freely assign or transfer our rights under these Terms. These Terms do not create or confer any third-party beneficiary rights or remedies. We have no obligation to provide you with any support or maintenance in connection with the Services. Section titles in these Terms are for convenience only and have no legal effect.

15. Contact Us

For questions about any of the Services we provide, please feel free to contact our Customer Service department at help@weedmaps.com or call 1-833-660-0420 to speak to a representative.