Weedmaps Listing & Placement Services Supplemental Terms
Last updated December 4, 2020
By maintaining a business listing on Weedmaps.com, you agree to (I) the following terms (the “Listing and Placement Services Supplemental Terms”) and (II) the Weedmaps Commercial Terms available at https://weedmaps.com/legal/commercial-terms (including any other terms or policies referenced therein, the "Commericial Terms", and when referred to collectively with these Listing and Placement Services Supplemental Terms, the “Listing Applicable Terms”). Capitalized terms used but not defined herein have the meaning set forth in the Commercial Terms.
Listing Services - General
Weedmaps and you each desire to enter into an on-line information listing relationship pursuant to which Weedmaps will provide you, through the Site, with such listing, Promotion, and premium placement services of Weedmaps (the “Listing Services”) as are included in your Monthly Package (as defined in the Commercial Terms) and any Add-On Services (as defined in the Commercial Terms) you request, as applicable.
Premium Placement Listing Services
To the extent such Monthly Packages or Add-On Services include premium placement Listing Services, your Invoice will include the geographic region (the “Region”) in which your listing or Promotion will be listed on the Site and your listing or Promotion position as of the time of such Monthly Package purchase relative to other similar businesses or Promotions listed in that Region under the default listing order view (as such listing or Promotion position may be adjusted pursuant to these Listing and Placement Services Supplemental Terms, the “Listing Services Position”).
In certain markets Listing Services Positions may be offered free-of-charge for a certain period of time as determined by Weedmaps. With respect to such unpaid Listing Services Positions, Weedmaps reserves the right to set and re-prioritize listings or Promotions at any time or the algorithms we utilize to order such listings or Promotions. With respect to such listings or Promotions, Listing Services Position is based on internal policies on how we show Listing Services Position for unpaid listings or Promotions within the same geographic region and may include algorithms accounting for factors such as number of listing followers, user reviews and frequency of menu updates. This often involves judgment and is also affected by the mapping technology we use. The method in which we implement listing or Promotions priority with respect to unpaid Listings Services Positions is entirely within our discretion and we may change such methodology or associated ordering algorithms in our sole discretion.
Changes in Listing Services Position
We reserve the right to change your Listing Services Position at any time, provided that you will receive at least 72 hours' prior written notice (such notice to be provided via email) prior to any such change.
Responsibility for Your Content
Content you provide to us for posting or otherwise in connection with the Listing Services, whether uploaded to the Site or otherwise provided, will be treated as User Content as set forth in the Commercial Terms. We have no responsibility or liability for information we post to the Site about you based on your instructions (“Business Instructions”) or otherwise. It is your responsibility to confirm that Business Instructions are executed as requested and that anyone who contacts us with Business Instructions is authorized to do so. You further acknowledge and agree that you are solely responsible for the creation and development of all such information provided to us that is posted to the Site about you or your business based on the Business Instructions. All Promotions to be posted on the Site may be subject to review and approval by automated screening or audit by Weedmaps’ moderation personnel or vendors. You must honor Promotions as posted on the Site. Engaging in false advertising, bait and switch, or any other illegal, unsavory or fraudulent practice constitute material breaches of these Listing and Placement Services Supplemental Terms.
Reviews are an important feature of the Site and we take them very seriously. We allow consumers to post reviews about the various businesses (including you) on the Site. The Site may employ automated software to help it showcase the most relevant and reliable reviews. We have no responsibility for any effects reviews (positive or negative) have on your business.
You cannot, directly or indirectly, remove, alter or reorder the reviews (positive or negative) on the Site. You may call reviews to our attention which you believe violate our review policies by contacting your Weedmaps sales or customer service representative. Reviews can only be removed if the review is in clear violation of Weedmaps’ review policy, as determined by Weedmaps in our sole discretion. If we determine that the review does not clearly violate our review policy, then the review will not be removed. Review of premium listings and non-premium listings are treated identically and objectively using the same guidelines and terms.
Review “padding” occurs when a business or its employees (or other people within its influence) submit a review of the business. Review padding or submitting reviews by someone who is not actually your customer is a material breach of these Listing and Placement Services Supplemental Terms.
You acknowledge and agree that employees of Weedmaps may monitor any of your phone calls with Weedmaps from time to time for quality assurance and training purposes, and you hereby consent to any such call monitoring by Weedmaps and any of its employees. You further agree to obtain the consent for such call monitoring by Weedmaps and its employees from each of your representatives that either makes telephone calls to Weedmaps or receives telephone calls on your behalf.
Prohibition of Resale or Transfer of Listings
You are prohibited from reselling, transferring, or “brokering” Listing Services to another person or party. If you undergo a change in ownership or cease operations, you must notify Weedmaps within 15 days and apply for assignment of the Listing Services to the new owner.
Dispute Resolution; Arbitration; Class Action Waiver
For the avoidance of doubt, the dispute resolution and arbitration provisions of the Commercial Terms apply to these Listing and Placement Services Supplemental Terms. BY SUBMITTING AN APPLICATION TO USE LISTING SERVICES OR BY USING LISTING SERVICES, YOU (I) AGREE TO MANDATORY INDIVIDUAL ARBITRATION REGARDING DISPUTES, (II) WAIVE ANY RIGHT TO TRIAL BY JURY, AND (III) WAIVE ANY 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, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Term; Termination and Suspension
The applicability of these Listing and Placement Services Supplemental Terms shall commence on the date you submit your assent to the Listing Applicable Terms and request Services and continue until Listing Services to you are terminated by Weedmaps or you in accordance with these Listing and Placement Services Supplemental Terms.
Weedmaps may modify, suspend or terminate access to, or discontinue the availability of, the Site or Listing Services at any time.
You can terminate the Listing Services with notice to us at least five (5) days prior to the due date of your Total Monthly Packages Price.
Upon any termination hereunder (I) Weedmaps may deactivate your account(s), (II) Weedmaps may delete your data (including any content and pictures), and (III) you shall be responsible for payment of the Total Monthly Packages Price through the effective date of the termination. We are not responsible for any lost information, media or data resulting from discontinued Listing Services. If we suspend or terminate the Listing Services without cause, we will provide you with a pro-rata refund of your Total Monthly Packages Price. You will not receive a refund if we terminate the Listing Services for cause or if you terminate the Listing Services, even if you cancel in the middle of a billing cycle.
Except as otherwise provided herein, once payment has been cleared, no refunds will be processed regardless of the basis. You also agree no refunds or credits will be processed if you are expelled or suspended from the Site for review policy violations.
If we or you terminate the Listing Services, these Listing and Placement Services Supplemental Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: Term; Termination and Suspension and Dispute Resolution, Arbitration; Class Action Waiver.