Last Updated: February 20th, 2020
WeedWeek offers certain digital products, including the website located at https://www.weedweek.com/ (the “Site”), and the content, features, and services offered through the Site (collectively, the “Services”). These Terms govern both your use of the Site and its Services, and any purchase you make on or through the Site.
PLEASE CAREFULLY READ These terms. by ACCESSING OR USING THE SITE or any services, MAKING A PURCHASE on or through the site, or by clicking a box that states that you accept or agree to these terms, YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY These terms. IF YOU DO NOT AGREE TO these terms, or do not meet the qualifications included in these terms, weedweek IS NOT WILLING TO PROVIDE YOU WITH SERVICES OR USE OF THE SITE, and YOU MUST NOT ACCESS OR USE THE SITE or services.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS MEANS, WITH LIMITED EXCEPTIONS, THAT: 1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
By ACCESSing OR USing THE SITE or any services, YOU ACKNOWLEDGE that you meet the qualifications included in these terms and AGREE TO BE BOUND BY these terms
Terms used in these Terms have the definitions given in these Terms or, if not defined in these Terms, have their plain English meaning as commonly interpreted in the United States.
These Terms is entered into as of the date you first access or use the Site (the “Effective Date”) and will continue until terminated as set forth herein.
WeedWeek reserves the right, at any time, to modify the Site or any of the Services, as well as these Terms, with or without notice to you, by making those modifications available on the Site. WeedWeek will inform you of the presence of any changes to these Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting. You may terminate these Terms as set forth below if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Site or Services following such notice. WeedWeek will note the effective date of the latest version of these Terms at the beginning of these Terms.
- To the Site and Services. Subject to your compliance with these Terms, WeedWeek will permit you to access and use the Site and the Services solely for lawful purposes and only in accordance with these Terms.
- To Content. You may be provided with access to a variety of content through the Site, including, but not limited to, marketing, materials, text, audio, video, photographs, illustrations, graphics, and other media (the “Content”). All Content available through the Site is owned by WeedWeek or its third party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. WeedWeek does not warrant the reliability or accuracy of any Content distributed by or accessed through the Site, and shall not be responsible or liable for any errors or omissions in any Content, or for any decisions based upon any Content available on the Site. Any reliance upon such Content is at your sole risk. Subject to your compliance with these Terms, you may access the Content solely for your own personal and noncommercial purposes. You will not, and will not permit any third party to: (1) alter, modify, reproduce (except as expressly provided herein), or create derivative works of any Content; (2) publish, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (3) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content.
The Site, Services, Content, databases, software, hardware and other technology used by or on behalf of WeedWeek to operate the Site and Services, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of WeekWeek or its third party providers. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that violates our or any third party’s intellectual property or other proprietary or legal rights; (3) use the Technology in any manner that could damage, disable, overburden or impair the Technology; (4) use automated scripts to collect information from or otherwise interact with the Technology; (5) alter, modify, reproduce, create derivative works of the Technology; (6) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (7) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (8) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; or (9) interfere with the operation or hosting of the Technology.
WeedWeek and its third party service providers retain all rights, title and interest, including, without limitation, all IPR (as defined below), in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Site. The WeedWeek name, logo and all product and service names associated with the Site are trademarks of WeedWeek and its licensors and third party providers and you are granted no right or license to use them. For purposes of these Terms, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
WeedWeek may from time to time charge a fee for certain Services offered through the Site. The fees for the Services will be set forth in an order form setting forth the details of the Services you have ordered (“Order Form”). All Fees are subject to change without notice. The fee charged for a Service will be the fee in effect at the time the order is placed. The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature (collectively, “Tax”). You shall pay all Tax associated with your purchases hereunder, excluding taxes on WeedWeek’s net income. You agree to pay WeedWeek the amounts set forth in each Order Form (“Fees”). If you specify a credit card or direct withdrawal from a bank account as an applicable payment mechanism under the Order Form, you hereby grant WeedWeek the right to charge the credit card or debit the bank account provided to WeedWeek for all Fees. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, and (iii) charges incurred by you will be honored by your bank or credit card company. All Fees will be non-refundable once paid to WeedWeek.
Termination and Suspension
These Terms may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms. Upon termination of these Terms for any reason: (1) all rights granted to you under these Terms will terminate; and (2) you will immediately cease all use of and access to the Site and all Services. Termination does not relive you of any payment obligations related to purchased Services and these Terms will continue to apply to all Service purchased prior to termination. Any section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination. Without limiting WeedWeek’s right to terminate these Terms, WeedWeek may, in its sole discretion, suspend your access to all or part of the Services for any reason, including, without limitation, breach of these Terms.
Representations and Warranties
You represent and warrant to WeedWeek that: (1) you have the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on you; and (3) you have the legal right and authority to perform your obligations under these Terms. You acknowledge that the Site, Services and Content are not specifically designed to facilitate compliance with any specific law. Your use of the Site, Services and Content in compliance with specific law applicable to you is your sole responsibility. You represent, warrant and covenant that your use of and access to the Site, Services and Content will not violate applicable laws and will not cause WeedWeek to violate applicable laws.
No Warranties; Disclaimer
THE SITE, including all services and CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WeedWeek and its providers DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY services or CONTENT. WHERE POSSIBLE, WeedWeek and its providers EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE AND OTHER SUBJECT MATTER OF THESE TERMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WeedWeek, ITS EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
You agree to indemnify, defend, and hold harmless WeedWeek and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, customers, providers, licensees, and successors in interest from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation by a third party arising out of or related to: (1) your access to or use of the Site, including any Services or Content; (2) your negligence, fraud, bad faith or willful misconduct; (3) your violation of the rights of any other person or entity; or (4) your breach of any representation, warranty, or other provision of these Terms. WeedWeek will provide you with notice of any such claim or allegation, and WeedWeek will have the right to participate in the defense of any such claim at its expense.
Limitation on Liability
You expressly agree that your access to and use of the site, SERVICES, AND CONTENT is at your sole risk. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WeedWeek (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 13, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY Providers ) will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, punitive, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), related to or resulting from THE USE OF THE SITE, Services, OR content, EVEN IF WeedWeek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, or damages arising from reliance upon any information obtained through the Site. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF these terms AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
- Agreement to Arbitrate. Except as otherwise provided in Section 15.2, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including the formation, validity, binding effect, interpretation, performance, breach or termination, of these Terms and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 15.2, if any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the rules of the American Arbitration Association then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by WeedWeek in Los Angeles, California, U.S.A. The arbitrator will apply the law set forth in Section 15.3 to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS.
You may choose to reject the agreement to arbitrate provision by providing us with written notice of your intention do so within thirty (30) days of the Effective Data of these Terms. Such notice must be sent to WeedWeek at: [1800 N New Hampshire Ave. #103, Los Angeles, CA 90027]. If you opt out of the agreement to arbitrate, all other parts of these Terms, including this Disputes Section, will continue to apply to you.
- Exceptions to Arbitration. The following claims are excluded from the arbitration agreement set forth in Section 15.1: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
- Governing Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of California (U.S.A.) as such laws apply to contracts between California residents performed entirely within California, without regard to the conflict of laws provisions thereof. Subject to Section 15.1, each party will bring any action or proceeding arising from or relating to these Terms exclusively in the Superior Court in and for Los Angeles County, California (U.S.A.), and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by WeedWeek.
Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to WeedWeek by [1800 N New Hampshire Ave. #103; email@example.com]. WeedWeek may provide you with any notices required or allowed under these Terms by: (1) sending you an email to any email address you provide, or (2) by posting on the Site. Notices provided to WeedWeek will be deemed given when actually received by WeedWeek. Notice provided to you sent by email will be effective when we send the email, and notice provided by posting will be effective upon posting.
WeedWeek respects the intellectual property rights of others. We endeavor to promptly respond to any claim that the Site or anything on the Site infringes the copyright of any person. We will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under intellectual property law when we believe an infringement has taken place. To notify WeedWeek of a possible infringement, notices should be sent to:
By mail: 1800 N New Hampshire Ave. #103 Los Angeles, CA 90027
By e-mail: firstname.lastname@example.org
Your notice should include a detailed description of the alleged infringement that will enable WeedWeek to make a reasonable determination. If WeedWeek has notified you that you may be infringing, you may provide us with a counter notice (using the contact information above) containing sufficient information for us to make a reasonable determination. Please note that you may be held accountable for damages (including attorney’s fees) for misrepresenting infringement.
Third Party Content and Links
The Site may contain links to other sites and resources provided by third parties. WeedWeek has no control over such sites or resources and is not responsible for any content on any linked site or linked resource. If you access a third party site you do so entirely at your own risk and subject to the terms and conditions of use for such websites.