Circa 420 Member Terms of Service

 

These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Circa 420 (as defined below) governing your access to and use of the Circa 420 website located at https://circa420.com (collectively, “Site”), and all associated Member services, such as Listing directories, Ratings and Reviews, articles and news, and other content and services (collectively, “User Services“). When these Terms mention “Circa 420,” “we,” “us,” or “our, it refers to the Circa 420, LLC. We do not sell any cannabis products, but do offer marketing and advertising services for dispensaries, delivery companies, cannabis brands and companies (each, a “Member and hereinafter also referred to as “you” and “your”) to list their location with details, menus, events, products and other information and services (collectively, “Member Services”) to promote their (“Member Listing”) on the Site. The Member Services and User Services are collectively referred to as the (“Services”). We are not involved in the transaction, nor do we guarantee the quality of any product or endorse any mentioned benefits that you might communicate to users of our Site. Members will be subject to the all the Site Terms located at https://www.circa420.com/terms-of-service/ as well as the additional terms, policies, and rules hereby incorporated into this Agreement.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING, BROWSING, AND/OR USING OUR SITES, CHANNELS, OR ANY OTHER PRODUCTS AND MEMBER SERVICES (COLLECTIVELY, THE “SERVICES”), YOU (“YOU” OR “USER”) HAVE READ, UNDERSTOOD AND ARE FULLY ABLE AND COMPETENT AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.CIRCA420.COM/PRIVACY/, INCORPORATED HEREIN FOR REFERENCE. EACH TIME YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS OF SERVICE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES. AS OUR BUSINESS GROWS AND WE ADD NEW FUNCTIONALITY TO THE SERVICES, WE MAY REVISE THESE TERMS PERIODICALLY. IF WE DO, WE WILL POST THE CHANGES HERE. YOUR CONTINUED USE OF THE SITE AFTER ANY CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.

 

Last Updated: May 1st, 2018

 

1. Access to the Site

1.1 License You may visit our Site and Services without further permission from Circa 420 and Circa 420 grants you a limited, personal, non-exclusive, non- commercial, revocable and non-transferable license to use the Site and Services provided through your Membership package. This license is subject to your full compliance with these Terms. The Site and Content are protected by copyright, trademarks, service marks, patents, IP rights and other proprietary rights and laws of the United States.

1.2 Modifications Circa 420 periodically schedules system downtime for maintenance and other purposes. We cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. Circa 420 may restrict the availability of the Site or certain areas or features to carry out maintenance measures that ensure the proper or improved functioning of the Site. Circa 420 may improve, enhance and modify the Site and introduce new Services from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. You are solely responsible for creating backup copies of your Content if you desire as Circa 420 has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. Circa 420 shall have no liability for the resulting unavailability of the Site or Services or unplanned system outages or any outages of web host providers or the Internet infrastructure and network external to the Site or Services. Your continued use of the Services provided, after any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, changes and/or modifications, you must stop using the provided services.

1.3 No Support or Maintenance You acknowledge and agree that Circa 420 will in no way be obligated to provide you with any technical support or maintenance in regards to the Site or Services.

1.4 Ownership Excluding any content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by Circa 420 or our suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Circa 420 and its supplier’s reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

2. Member Registration

2.1 Once you register for our Services, through the process of creating an account, you shall then have to option to submit (“Listings”) and (“Events”) on the Site and by doing so you will be considered a “Member”. Listings and Events shall only be created by Brands, Dispensaries, Delivery Services, or Event Companies. You are solely responsible and agree you have all rights, licenses, consents, and releases that are necessary when claiming a page or creating a new Account. You must provide accurate, current and complete information during the submission process and keep your information up-to-date at all times and comply with all applicable laws. You will be limited to one (1) Account unless you are given permission from Circa 420. You may not assign or otherwise transfer your Account to another party. During the account creation process, any personal information you provide is governed by our Privacy Policy.

2.2 Any employees, or third-parties claiming a page, creating a new or using an existing Account (collectively, “Agents”) represent and warrant that they have the authorization to act on behalf of an entity they claim to represent; and if such authorization is not provided by the entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.

2.3 You are responsible to safeguard the confidentiality of your Account login identification and password and may not disclose your credentials to any third-party without our express written permission. You must notify us immediately if you have any reason to believe that your account credentials have been compromised or suspect any unauthorized use of your Account. Circa 420 is not liable for any loss or damage of any kind and under any legal theory and is not responsible for and disclaim all liability for use of your Account. Circa 420 is not responsible for any unauthorized Accounts and if you believe an Account on our site is unauthorized, improper, fake, misleading, or fraudulent, please contact us at contact@circa420.com.

2.3 Member Verification Circa 420 does not review every Account to determine if they were created by an applicable party. Account verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Members identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to request Users to provide a form of government identification or other information designed to help verify the identities or backgrounds. In addition, Circa 420 is not responsible for any unauthorized Account.

3. Electronic Communications

Upon registration by providing your contact information in any capacity such as newsletter or signup form, you hereby consent to receiving certain communications from us electronically. The means by which we will communicate with you include, but are not limited to email, text, push notices, or by posting notices on the Site. By using the Site or Services, you willingly and knowingly agree that all forms of communication including notices, agreements, disclosures, and contracts that we provide electronically satisfy any legal requirements that such communications be in writing. You agree that we may send you email for the purpose of advising you of changes or additions to the Site, about any of our products or Services as well as those of third- parties, or for such other purposes as we deem appropriate. If you do not want to receive communications from us in the future, you may opt-out by unsubscribing or you can email us and request the cease of communication at contact@circa420.com.

4. Payment Terms

4.1 Should you elect to use such Member services, you agree to pay the required fee as specified in the services registration and purchase pages. Circa 420 will provide the Member, through the Site, with such services which correspond to the selected certain Member packages (the “Packages”). Should you elect to use such Member Services, you agree to pay the required fee as specified in the packages and by doing so you enter into into an online marketing relationship. The start date for the Services shall be immediate unless stated otherwise. Set forth immediately upon agreement is the recurring billing and payment options that you will use to pay for the Services. If you elect not to pay any fees charged by Circa 420, Circa 420 shall have the right to cease providing those services to you. Circa 420 reserves the right to modify the pricing of these services at any time. You will receive at least 7 days’ notice (which may be given verbally or in writing) of any changes to any Package Price. If there is an increase in price for a Package, you will have the option to continue with the same Package at the new Package Price or contact your sales representative to select a new Package at your discretion. Your right to access and obligation to pay for access to that portion of the service will automatically renew, unless we terminate it, or you notify us by telephone or email member@circa420.com of your decision to terminate the service. You must cancel any such subscription before it renews in order to avoid billing of the subscription fee for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Payments of the Total Packages Price will be charged in advance of the month for which they apply. We are not responsible for any lost information, media or data resulting from discontinued Services. If we continue the relationship (and the provision of the Services hereunder), a late fee of 3% per month, or the maximum amount allowed pursuant to applicable law, whichever is higher, will apply, which will be added to the next month’s bill. If non-payment for any service is not remedied within seven (7) days after receiving notice of non-payment, then Circa 420 may revoke access to services.

4.2 Payment Options Credit Card or Debit Card: By agreeing to the Terms and Conditions of Use as well as completing the credit card or debit card authorization, you authorize the Company to automatically charge you monthly to collect the Total Monthly Packages Price and any other fees or amounts owed hereunder. Circa 420 may use third parties to process payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. Only those payment methods accepted by our third-party payment processor can be used to purchase a Package or services through the Site. You are responsible for any taxes from our fees that you may be required to pay in your area.

5. Content
5.1 Member Content

5.1.1 All text, businesses name, video, logos, audio, advertisements, messages, comments, postings, emails, images, photos, graphics, deals, address and location data, contact information, hours, feedback, reviews and any form of communication and content submitted to the Site or Services, including without limitation, any content on Listings and Events for the purpose of these Terms, shall be deemed “Member Content”. You are solely responsible for all Member Content that you make available on or through the Site. You acknowledge and agree that Circa 420 is not responsible or liable for any Member Content, including quality, safety, suitability, legality, validity, timeliness, the existence, copyright compliance, accuracy, decency, completeness, legality, nature, reliability, or any other aspect thereof. By submitting Member Content, you may expose yourself to liability and acknowledge and agree that Circa 420 is not responsible for Member Content. To promote the Circa 420 Site and to increase the exposure of the Site, Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

5.1.2 By creating any Member Content on or through the site, agree you have all rights, licenses, consents and releases that are necessary, and you hereby grant, and represent and warrant that you have the right to grant, to Circa 420 a non-exclusive, royalty-free, irrevocable, worldwide sublicense to such content to access, use, store, cache, create data based on, index, crawl, copy, modify, prepare derivative works of, incorporate into other works, distribute, publish, transmit, stream, analyze, remove, compress, integrate, transmit, broadcast, commercialize, market and otherwise use such Member Content to provide and/or promote the Site, and make available in any media or platform, including, without limitation, on any digital or print material, email newsletters and grant the these rights or licenses to any third-parties to incorporate within their own websites and media platforms. Circa 420 does not claim any ownership rights in any Member Content and you agree to irrevocably waive, and cause to be waived, against Circa 420 any claims liability, responsibility, and assertions of moral rights or attribution with respect to you or any other person or User for your use or misuse of any Member Content. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

5.1.3 Your interactions with other Members or Users are solely between you and such user. You agree that Circa 420 will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Member or User, we are under no obligation to become involved.

5.2 Listings

5.2.1 When creating a Listing through the Site you must provide complete and accurate information about your Listing and provide any other pertinent information requested by Circa 420. You are responsible for keeping your Listing information up-to-date at all times. Photographs, or videos used in your Listings must accurately reflect the quality and condition of your Listing and if you are a Dispensary You must include images of the interior space. The placement and ranking of Listings in search results on the Site may vary and depend on a variety of factors, such as User search parameters and preferences, price, hours, Ratings and Reviews.

5.2.2 Monitoring Listings Circa 420 has no obligation to monitor or screen Listings. Circa 420 however reserves the right, in its its sole discretion Circa 420, to monitor Listings and may remove, reject, terminate or suspend a Listing a listing at any time for any reason or no reason without prior notice or permission from you.

5.2.3 Deals Circa 420 is not responsible for dispute between a Member and User in regards to any promotional codes, sweepstakes, discounts, giveaways, coupons, samples and other offers listed by a Member on the Site (collectively, “Deals”). All Deals submitted by any Member are subject to the review and approval of Circa 420 in our sole and absolute discretion. Members must honor Deals as posted on the Site. Should it come to our attention that you are engaging in false advertising, bait and switch, or any other unsavory or fraudulent practice, it will be within our discretion to suspend or remove your Listing from the Site entirely.

5.2.4 Products Listing products is reserved for Cannabis Brands only and is for informational purposes only. Posting any information in regards to prices is strictly prohibited.

5.2.5 Arrangement of Listings Circa 420 reserves the right to arrange listings on search pages. Prioritization of listings is based on the Packages you have purchased as well as our internal policy on how we show Listings within the same geographic region. This often involves judgment and is entirely within our discretion. Members can purchase promotions for a listing giving it higher placement in for related categories on search pages. However, Circa 420 makes no guarantee that a promoted listing will appear for all related search terms in regards to any search query.

5.2.6 Events Listings Any Event listed must require attendees to be at least twenty-one (21) years of age. When listing an Event you must include any requirements for participation, such as the related skills, level of fitness or other requirements, and anything else they may need to know to safely participate in the Event including dress codes, special certifications or licenses, etc. You represent and warrant that you understand and comply with all laws, rules and regulations that may apply to your Event, and will obtain any required licenses, permits, or registrations prior to listing your Event.

5.3 Photographs and Videos

5.3.1 Photographs and Videos (collectively, “Media”) must not include messy or cluttered backgrounds, currency, or paraphernalia. By submitting any Media you agree you have all rights, licenses, consents and releases that are necessary. You are strictly prohibited from publishing Media that have been produced by third-party that includes their logos, branding or makes any affiliation to another third-party. You are responsible for ensuring that your Listing is accurately represented in the Media and you will stop using the Media on or through the Site if they no longer accurately represent your Listing, if you terminate your Listing or if it is suspended for any reason. Where Circa 420 is not the exclusive owner of Media, by using such Media on or through the Site, you acknowledge and agree to grant to Circa 420 a non-exclusive, royalty-free, irrevocable, worldwide sublicense and transferable license to use such Media to modify, prepare derivative works of, incorporate into other works, distribute, publish, transmit, stream, remove, integrate, broadcast, commercialize, market and otherwise use such Media to provide and/or promote the Site, and make available in any social media or platform, including, without limitation, on any digital or print material, emails, newsletters, advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Circa 420 shall not lay claim to ownership of any Media and does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any Media.

5.3.2 Circa 420 may offer Members the option of having professionals create Media for their Listing, which are made available to the Member to include in their Listings. Circa 420 in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Media outside of the Site solely for your personal and non-commercial use. If a Member makes an onsite appointment, regarding, but not limited to, Media, marketing, or consulting, and cancels or reschedules less than 24 hours in advance, Member shall be required to pay a $200 cancellation fee to compensate for time and travel of the Circa 420 employees or contractors. Circa 420 shall have the right to subcontract any of the Services it agrees to provide hereunder to a third party (each, a “Subcontractor”). If a Member elects to have Media created, the Listing will include a blue checkmark on the profile. However, Circa 420 reserves the right in its sole discretion to assign a blue checkmark for Brands, Delivery Services, and Event Listings. Blue checkmarks on Listings are only intended to indicate a completion of a verification process, and are therefore not an endorsement by Circa 420.

5.4 Member Use and Conduct Policy. The following sets forth the Circa 420 “Member Use and Conduct Policy”:

5.4.1 General Restrictions You will not post, upload, publish, submit or transmit content on the Site or Services, or any Circa 420’s Social media pages or channels to distribute content that: (i) is false or misleading (directly or by omission or failure to update information), deceptive, or defamatory; (ii) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, results in the violation or obligations or restrictions imposed by a third-party, violates the legal rights including the rights of publicity and privacy, promotes violence or actions that are threatening to any other person or could endanger the health or safety of any person; (iii) appears confusingly similar to any other product or Listing, misrepresents or falsely implies an association with another company, includes forged captions, titles, descriptions, or contains content or products that you do not personally have any right to offer pursuant to any law or in accordance with any contractual fiduciary relationship; is (iv) unlawful, threatening, exploitive or otherwise harms minors, abusive, tortious, deceptive, related to alcohol, related to tobacco, related to any dating service, related to any lotteries or gambling, related to pharmaceutical or nutritional supplements, is damaging to your competitors or other Users on the Site, trade libelous, lewd, obscene, violent, lascivious, libelous or slanderous, an annoyance, embarrassing to another person, inflammatory or otherwise objectionable, indecent, pornographic or sexually explicit, vulgar, offensive, harassing, hateful or includes hate speech, obscene, racist or contains bigotry, discriminating based on race, sex, religion, nationality, disability, sexual orientation or age; or (v) violates the Terms or any other Circa 420 policy or otherwise may be harmful or objectionable to Circa 420, its Members, third-parties, or property; (vi) solicits, recommends, endorses or offers to buy or sell any products and Services of third-parties; (vii) contains professional advice, including medical treatment, protected health information or healthcare, legal advice, or investment advice.

5.4.2 You agree not to use the Site or Services to: (i) create multiples usernames or send unsolicited bulk communications; (ii) resell or redistribute the Services or Listings; (iii) submit any unsolicited or unauthorized advertising such as spam, solicitations, or promotional materials. (iv) represent that the use of cannabis has curative or therapeutic effects; (v) promote over-consumption of your products and/or services; (vi) appeal to persons under twenty-one (21) years of age; (vii) depict or otherwise suggests the presence a child or any person under twenty-one (21) years of age. (viii) constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or advocate violate the violation of any applicable law or regulation, regulation or rule, promotes illegal activity; or (ix) advocate the violation of any law or regulation.

5.4.3 Using the Site or any Services of Circa 420 to promote or market other applications, websites, utilities or other services which provide advertising, marketing, apps or websites which list dispensary or delivery menus on behalf of third parties, delivery services or other services on behalf of any person or legal entity other than the Member company is strictly prohibited. This includes, but is not limited to, listing any photography, videos, or menus supplied by any other third party.

5.4.4 Technological Restrictions You agree not to use the Site or Services to: (i) disable, interfere with, disrupt, harass, impair, overburden, or damage the Site or Services or Users interaction and enjoyment of the Site or Services; (ii) reverse engineer, modify, reuse, distribute, or use to create derivative works, repost, transmit, mimic functionality or warnings from any operating system or mobile application; (iii) attempt to or impersonate another person or company user or or gain unauthorized access to the Site or Services, or attempt to obtain the accounts and passwords of other users, or other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (iv) authorize or use any third party to generate fraudulent impressions, clicks or search requests; (v) transmit, upload, send or distribute any viruses, Trojan horses, malicious code, spyware, malware, adware, logic bombs, keystroke loggers, worms, or any software which alters or is malicious or technologically harmful; (vi) (vii) harvest, collect, gather or assemble information or data regarding other Customers or End Users, including e- mail addresses, without their consent; (viii) use software or automatic devices or scripts on the Site to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data including any code designed to collect information about or monitor the activities on another party or any portion of the Site or Services.

5.4.5 Compliance with Applicable Laws You must comply with all applicable laws and regulations, whether national, state or provincial, including, without limitation, those regulating the advertising of cannabis or cannabis-related products and provision of any Deals. Communication of any information in contravention of any applicable laws or regulations is strictly prohibited. You are strictly prohibited from submitting content that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPPA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from submitting content with any “sensitive information,” for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership. None of the foregoing shall obligate Circa 420 to actively screen the content you submit.

5.4.6 Monitoring and Termination Circa 420 has no obligation to monitor or screen Member Content and is not responsible for the content or any content linked to or from such Member Content. However, Circa 420 reserves the right in its sole discretion, without prior notice to: (i) monitor or screen, edit, cause Member Content not to be posted, published, uploaded or distributed, and remove Member Content, or terminate, remove, disable access, suspend, or ban an Account or Member Content at any time and for any reason or no reason and we are not responsible for any delay or failure in removing such content; (ii) disclose your identity or other information about you to any third-party who claims that content posted by you violates their rights, including their intellectual property rights or their right to privacy; (iii) take appropriate legal action, including without limitation, report you to law enforcement authorities for any illegal or unauthorized use of the Site. In addition, you herein agree that any and all terminations, suspensions, and or limitations of access to the Site or Services shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account or deletion of your Member Content and/or access to any of our Services.

5.5 Ratings and Reviews

5.5.1 Members can leave a public review (“Review”) and submit a star rating (“Rating”). Circa 420 shall not lay claim to ownership of any Ratings and Reviews submitted by any Account and does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any Ratings and Reviews and will not be liable for any indirect or consequential loss or damage incurred by you in connection our Site or Services, including, but not limited to loss of income, profits, data or goodwill.

5.5.2 Ratings and Reviews must be fair, truthful and factual. They must be based on your personal experience and must not for providing anything other than an accurate description of your personal experience. Reviews based on secondhand knowledge are strictly prohibited. If you are an owner, employee or in anyway affiliated with a Listing you may not post any Ratings and Reviews on your Listings or products, or competitors Listings or products.

5.5.3 You are strictly prohibited from manipulating the Ratings and Reviews system in any manner, disparaging or lewd personal attacks against an individual or group associated with the Listing, any personally identifying information about any person, sexual descriptions of physical appearance, offering incentives or instructing a third- party write a positive or negative Review about another Listings, unrelated personal grievances, plagiarism, trolling or repeatedly targeting Listings, spam or advertisements, ALL CAPS descriptions, links to external websites, or reference any other Listing or competitor, referencing your Listing in review, contain references to products or other Listings other than the product or Listing being reviewed. You are prohibited from engaging in any form of extortion including, but not limited to, threatening to use Ratings and Reviews in an attempt to receive refunds, compensation, or reciprocal positive review. Submitting false reviews or comments is not allowed and any evidence that indicates you or someone affiliated with your service are submitting false reviews can result in expulsion or suspension from our Site. Reviews or comments (positive or negative) will not be removed at the request of a Member. Reviews or comments can only be removed if the review is in clear violation of our review policy. If there is no evidence of a review or comment violation then the review or comment will not be removed.

6. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty- free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

7. Indemnification

You agree to release, defend (at Circa 420’s option), indemnify, and hold Circa 420 and its affiliates or assigns of itself and subsidiaries, and their officers, directors, employees and agents, suppliers, affiliates, independent contractors, agents and successors harmless from and against any claims, liabilities, judgements, damages, losses, penalties, fines, complaints, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms or our Policies; (ii) your improper use of the Site or Services; (iii) your interaction with any User, Listing, participation in an Event, including

without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or participation; (iv) any content a Member or User of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of the site or your violation of any such rights or licenses of another person; (v) your breach of any laws or regulations. Circa 420 will use reasonable efforts to notify you of any such action, claim or proceeding, upon becoming aware of it. Circa 420 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Circa 420.

8. Release

You hereby release and forever discharge Circa 420 (and our officers, employees, agents, successors, assigns, affiliates, subsidiaries, and independent contractors) 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), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users, Third-Party Site or Services, Third-Party Information, or Third-Party Communications.

You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Intellectual Property

Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Circa 420. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual

property rights. Circa 420 and its supplier’s reserve all rights not granted in this Agreement. Unless otherwise indicated, our Site and all content and other materials on our Site, including, without limitation, the name, the Circa 420 logo and all designs, slogans, text, graphics, photographs, videos, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Circa 420 or its licensors or users, and are protected by U.S. and international copyright laws.

10. DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • –  IF YOU CHOOSE TO USE THE SITE OR MEMBER SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SITE AND COLLECTIVE CONTENT IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CIRCA 420 NOR ANY OF CIRCA 420 EMPLOYEES, MANAGERS, AFFILIATES, OFFICERS, CONTRACTORS, CONSULTANTS AND AGENTS (COLLECTIVELY, THE “CIRCA 420 PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, AS TO SERVICES AND ALL CONTENT, WHETHER USER, THIRD-PARTY OR CIRCA 420 CONTENT, AND THE SECURITY OF COMMUNICATION WITH SERVICES. THE CIRCA 420 PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETION, NON-INFRINGEMENT, TITLE, CUSTOM, RELIABILITY, LEGALITY OR SAFETY. WE MAKE NO WARRANTY THAT THE SITE AND SERVICES: (I) WILL SATISFY YOUR NEEDS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (II) WILL BE RELIABLE, ACCURATE OR FREE FROM COMPUTER VIRUS OR OTHER HARMFUL CODE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
  • –  IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR

GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL CIRCA 420 PARTIES BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT, OPINIONS, OR ANY THIRD PARTY CONTENT. UNLESS PROHIBITED BY LAW, CIRCA 420 SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (III) LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT; (IV) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, OTHER PERSONS, OR THIRD-PARTIES WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SITE. (IV) ANY VIOLATION OF LAW, RULE OR REGULATION; (V) MEMBER CONTENT (VI) ANY BREACH OF REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS IN THIS AGREEMENT; OR (VII) ANY DEATH OR PERSONAL INJURY OF ANY CIRCA 420 PARTIES ON THE PREMISES OF THE MEMBERS LISTING. CIRCA 420 PARTIES LIABILITY TO YOU FOR ANY DAMAGES WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID CIRCA 420 IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

12. Term and Termination

Subject to this section, these Terms will remain in full force and effect while you use the Site or Services. We may suspend or terminate your rights to use the Site or Services at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms or for non-payment of Membership packages. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Circa 420 will not have any liability whatsoever to you for any termination of your rights under these Terms. As a User of the Site, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to contact@circa420.com.

13. Governing Law; Arbitration

Any dispute relating to this agreement will be governed by California law and resolved by binding arbitration administered by and in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California, or in small claims court in Los Angeles, California, if the matter is within small claims court jurisdiction. Both parties waive their right to trial by judge or jury and pretrial discovery. Each party further agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

14. General Provisions

14.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Circa 420 and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Circa 420 and you in relation to the access to and use of Site.

14.2 No joint venture, partnership, employment, or agency relationship exists between you and Circa 420 as a result of this Agreement or your use of the Circa 420 Platform.

14.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than other than you, as a user of the Site and Services, and Circa 420.

14.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

14.5 The current Terms supersede and replace any and all prior Terms of Service for any of the Site or Services.

14.6 Circa 420’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision, or any other provision of these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

14.7 The section titles in these Terms are for convenience only and have no legal or contractual effect.

14.8 Member Accounts are prohibited from reselling or transferring a listing to another party. If Member Account undergoes a change in ownership, the Member must notify Circa 420 within 30 days and make arrangements for the Listing to be transferred to the new owner. If a Member engages in reselling or “brokering” of a Listing, Circa 420 reserves the right to suspend or terminate the Services and related listings. Member Accounts are non-transferable and any rights to your contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

14.9 The word “including” means “including without limitation.”

If you have any questions concerning the Circa 420 Site and Member Services or the Agreements, please contact Circa 420 by visiting the Contact Us section of our website.

If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to Circa 420 LCC, Attn: General Counsel, 8424 A183 Santa Monica Blvd, West Hollywood, California 90046, USA with your email address and a request for the Agreements.

VIOLATIONS
Please report any and all violations of this TOS to Circa 420 as follows:

Mailing Address:
Circa 420
8424 A183 Santa Monica Blvd 
 West Hollywood, California 90046

Email: contact@circa420.com