Terms of Service Agreement
Nature’s ReLeaf, Inc.
The Websites are offered and available to users who are 21 years of age or older or who are over the age of 18 and who is a registered medical marijuana patient with the Michigan Medical Marijuana Program (MMMP). Some of the information and materials on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
This Agreement is subject to change by Nature’s ReLeaf at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Nature’s ReLeaf’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Duration of the Agreement Between You and Nature’s ReLeaf.
- Access to the Websites.
- Account Security.
- Your Use of the Websites.
- Monitoring, Enforcement and Termination.
- Your Representations and Warranties.
- Online Purchases.
- Our Content and Proprietary Rights.
- Ownership of Your Content.
- Copyright Policy and DMCA Safe Harbor.
- Repeat Infringers Policy.
- Blocking of IP Addresses.
- Your Liability for Content.
- Limitation of Our Liability.
- Indemnity by You.
- Attorney Fees.
- Jurisdiction, Choice of Law and Dispute Resolution.
- Arbitration Provision/No Class Action.
- No Third-Party Beneficiaries.
- Availability Outside the U.S.
- Entire Agreement.
- Severability and Waiver.
Duration of the Agreement Between You and Nature’s ReLeaf.
1.1 This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at email@example.com. If you resign or cancel your membership and/or subscription to Nature’s ReLeaf, to help Nature’s ReLeaf analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Nature’s ReLeaf may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Nature’s ReLeaf.
1.2 If Nature’s ReLeaf terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of Accounts shall be made in the sole discretion of Nature’s ReLeaf. Nature’s ReLeaf is not required to provide you notice prior to terminating your membership and/or subscription. Nature’s ReLeaf is not required and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Access to the Websites.
2.1 In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2.2 We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or entire Websites, to users, including Members. You are responsible for both:
- Making all arrangements necessary for you to have access to the Websites.
- Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Service and comply with them.
2.3 Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
- You have read and understand this Terms of Service; and
- You agree to this Terms of Service on behalf of the Subscribing Entity.
3.2 You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Nature’s ReLeaf of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nature’s ReLeaf will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Nature’s ReLeaf account.
3.3 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
Your Use of the Websites.
4.1 You may use the Website only for lawful purposes and in accordance with these Terms of Service (for example, under the terms of Creative Commons licenses selected by the Uploader). You agree not to use the Websites:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4.2 When using the Websites:
- You may not browse or download illegal materials.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content from the Websites (the “Content”).
- You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other Content that is created by you (“Your Content”)).
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Nature’s ReLeaf’s sole and reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Nature’s ReLeaf’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Nature’s ReLeaf employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any Nature’s ReLeaf account to any third party without the prior written approval of Nature’s ReLeaf.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Nature’s ReLeaf.
- You must not access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Nature’s ReLeaf’s servers, system or network or attempt to breach Nature’s ReLeaf’s data security or authentication procedures.
- You must not attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Nature’s ReLeaf’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
4.3 Without limitation to any other rights or remedies of Nature’s ReLeaf under these Terms of Service, Nature’s ReLeaf reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. You agree to comply with the above conditions and acknowledge and agree that Nature’s ReLeaf has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities. Use of the Websites and Service is with the permission of Nature’s ReLeaf, which may be revoked at any time, for any reason, at Nature’s ReLeaf’s sole discretion.
4.4 The Websites may contain message boards, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials, including Your Content (collectively, “User Contributions”).All User Contributions must comply with Section 3.0 of these Terms of Service.
4.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Nature’s ReLeaf, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
4.6 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.
Monitoring, Enforcement and Termination.
5.1 We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for Nature’s ReLeaf.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
- Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.
5.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS NATURE’S RELEAF FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NATURE’S RELEAF DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NATURE’S RELEAF OR LAW ENFORCEMENT AUTHORITIES.
5.3 However, we do not undertake review of material before it is posted on the Websites on through the Interactive Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Your Representations and Warranties.
6.1 You hereby represent and warrant to Nature’s ReLeaf as follows:
- Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Nature’s ReLeaf to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.
- Your Content and the availability thereof on the Websites does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
- Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
- Your Content does not and will not create any liability on the part of Nature’s ReLeaf, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Nature’s ReLeaf reserves the right to remove Your Content, suspend or terminate your access to the Websites and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Our Content and Proprietary Rights.
8.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Nature’s ReLeaf, its licensors, or other users that have uploaded such material (“Uploaders”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Websites or the Content for your own personal, non-commercial use or, if a Subscribing Entity, printing or downloading for a reasonable commercial use consistent with, and subject to, the Subscribing Entity’s relationship with Nature’s ReLeaf.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use or if a Subscribing Entity, printing or downloading for a reasonable commercial use consistent with, and subject to, the Subscribing Entity’s relationship with Nature’s ReLeaf, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
8.3 You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
8.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
8.5 If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
8.6 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Service, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Nature’s ReLeaf. Any use of the Websites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
8.7 Nature’s ReLeaf’s name, and the Nature’s ReLeaf’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Nature’s ReLeaf or its affiliates or licensors. You must not use such marks without the prior written permission of the Nature’s ReLeaf. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
8.8 The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
8.9 The Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nature’s ReLeaf, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Nature’s ReLeaf. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Ownership of Your Content.
9.1 You agree that Your Content shall become the property of Nature’s ReLeaf. This shall have no effect on Sections 10 (Copyright Policy), 14 (Limitation of Liability), and 15 (Indemnity by You) of this Agreement. However, with respect to Your Content, Nature’s ReLeaf grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account. Any Content other than Your Content is the property of the relevant Uploader and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights.
9.2 If you believe that any Content or User Contributions violate your copyright, please see our Copyright Policy in Section 10 below for instructions on sending us a notice of copyright infringement. It is the policy of Nature’s ReLeaf to terminate the user accounts of repeat infringers.
Copyright Policy and DMCA Safe Harbor.
10.1 Nature’s ReLeaf prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Nature’s ReLeaf has a policy that includes the removal of any infringing materials from the Websites and for the termination, in appropriate circumstances, of users who are repeat infringers.
10.2 If you believe any Content accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
10.3 Our designated copyright agent to receive DMCA Notices is:
Nature’s ReLeaf, Inc.
35 W Huron St, Suite 200, Pontiac, MI 48342
10.4 If you fail to comply with all of the above requirements of your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers Policy.
11.1 Nature’s ReLeaf will suspend or terminate your access to the Websites if Nature’s ReLeaf determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Nature’s ReLeaf at its sole discretion. Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.
Blocking of IP Addresses.
12.1 In order to protect the integrity of the Websites and Services, Nature’s ReLeaf reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
Your Liability for Content.
13.1 You hereby acknowledge and agree that Nature’s ReLeaf:
- stores Content and other information at the direction, request and with the authorization of its users,
- acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
- plays no active role and gives no assistance in the presentation or use of the Content.
13.2 You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, Nature’s ReLeaf excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that Nature’s ReLeaf cannot and does not review the Content created or uploaded by its users, and neither Nature’s ReLeaf nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
13.3 Nature’s ReLeaf and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Nature’s ReLeaf or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
Limitation of Our Liability.
14.1 In no event shall Nature’s ReLeaf be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Nature’s ReLeaf or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph. The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nature’s ReLeaf makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack.
14.2 You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL NATURE’S RELEAF, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF NATURE’S RELEAF HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NATURE’S RELEAF HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF NATURE’S RELEAF HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
14.3 In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Nature’s ReLeaf and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Nature’s ReLeaf during the six months prior to notice to Nature’s ReLeaf of the dispute for which the remedy is sought.
Indemnity by You.
15.1 You agree to indemnify and hold Nature’s ReLeaf, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to: your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above; any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content; any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of Nature’s ReLeaf.
16.1 In the event that Nature’s ReLeaf is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Nature’s ReLeaf’s attorneys’ fees and costs.
Jurisdiction, Choice of Law and Dispute Resolution.
17.1 If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Michigan, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Michigan with the same force and effect as if such service had been made within the State of Michigan. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action.
18.1 Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Michigan. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Michigan.
No Third-Party Beneficiaries.
19.1 You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Availability Outside the U.S.
20.1 We provide the Websites for use only by persons located in the U.S. state of Michigan. We make no claims that the Websites or any of its content are accessible or appropriate outside of Michigan. Access to the Websites and the Services may not be legal by certain persons or in certain other U.S. states or countries. If you access the Websites or utilize the Services, you do so on your own initiative and are responsible for compliance with local laws.
21.1 This Agreement contains the entire agreement between you and Nature’s ReLeaf regarding the use of the Websites and/or the Service.
Severability and Waiver.
22.1 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Nature’s ReLeaf’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Nature’s ReLeaf’s ability to enforce such term at any point in the future.
23.1 The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
By continuing to use this website and/or services YOU AGREE TO HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.