YOU AGREE THAT DISPUTES BETWEEN YOU AND CIRCA 420 WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION (SECTION 19) AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Last Updated: May 1st, 2018
1. Scope of Circa 420 Services
Circa 420 is an online resource for exploring cannabis brands and locating the nearest dispensaries, delivery services, and events. The Site provides starting prices and other information including ratings and reviews provided by its users. The services are for medical patients and adult users in jurisdictions where medical and/or adult cannabis use is legally permissible. Circa 420 only provides location services and is not a merchant of cannabis products or provider of any retail pickup or delivery services.
2. PRELIMINARY DISCLAIMERS
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY CIRCA 420 ON ANY SITE, THIRD-PARTY CONTENT SERVICE, SOCIAL MEDIA CHANNEL, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION ON THIS SITE IS PROVIDED AS A RESOURCE ONLY AND IS NOT TO BE USED OR RELIED ON FOR ANY DIAGNOSTIC OR TREATMENT PURPOSES. THE INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER CONTENT CONTAINED ON THIS SITE AND SERVICES, OR WITHIN ANY CIRCA 420’S SOCIAL MEDIA PAGES OR CHANNELS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, USER CONTENT, THIRD-PARTY CONTENT, AND CIRCA 420 CONTENT OR THROUGH LINKAGES TO OTHER SITES, IS NOT A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL CARE, TREATMENT, DIAGNOSIS AND YOU SHOULD NOT USE THE INFORMATION IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR
TREATMENT, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE, SERVICES, OR CIRCA 420’S SOCIAL MEDIA AND CHANNELS. RELIANCE ON ANY INFORMATION APPEARING ON THIS SITE IS SOLELY AT YOUR OWN RISK.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 15 AND 16 OR ELSEWHERE IN THIS AGREEMENT.
You must be at least twenty-one (21) years of age or older to access and use the Site and/or Services and be located within the United States. By accessing or using the Site you represent and warrant that you are twenty-one (21) years of age or older and have the legal capacity and authority to enter into a contract.
4. Access to the Site
4.1 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. 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.
4.2 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 User 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.
4.3 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.
4.4 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, except for the limited access rights expressly set forth in Section 4.1. Circa 420 and its supplier’s reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
5. Account Registration
5.3 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 email@example.com.
5.4 Account Verification Circa 420 does not review every Account to determine if they were created by an applicable party. User Account verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Users 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.
6. Electronic Communications
Upon registration by providing your contact information in any capacity such as newsletter or signup form, you hereby consent to receive 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 firstname.lastname@example.org.
7.1 User Content
7.1.1 All text, messages, comments, postings, emails, feedback, ratings and reviews, and any form of communication and content submitted to the Site or Services, including without limitation, content you submit on Listings for the purpose of these Terms, shall be deemed “User Content”. You are solely responsible for all User Content that you make available on or through the Site. You acknowledge and agree that Circa 420 is not responsible or liable for any User 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 User Content, you may expose yourself to liability and acknowledge and agree that Circa 420 is not responsible for User Content. To promote the Circa 420 Site and to increase the exposure of the Site, User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
7.1.2 By creating any User 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 User 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 User 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 User Content. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
7.2 Proper User Conduct Policy The following sets forth the Circa 420 “Proper User Conduct Policy”:
7.2.1 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 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; is (iii) 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 (iv) 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; (v) solicits, recommends, endorses or offers to buy or sell any products and Services of third-parties; (vi) contains professional advice, including medical treatment, protected health information or healthcare, legal advice, or investment advice.
7.2.2 You agree not to use the Site or Services to: (i) create multiples usernames or send unsolicited bulk communications, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (ii) resell or redistribute your account; (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; (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; or (ix) advocate the violation of any law or regulation.
7.2.3 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.
7.2.4 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.
7.2.5 Compliance with Applicable Laws You must comply with all applicable laws and regulations, whether national, state, or provincial. 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.
7.2.6 Monitoring, Suspension, and Termination Circa 420 has no obligation to monitor or screen User Content and is not responsible for the content or any content linked to or from such User Content. However, Circa 420 reserves the right in its sole discretion, without prior notice to: (i) monitor or screen, edit, cause User Content not to be posted, published, uploaded or distributed, and remove User Content, or terminate, remove, disable access, suspend, or ban an Account or User 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 User Content and/or access to any of our Services.
8. Ratings and Reviews
8.1 Users can leave a public review (“Review”) and submit a star rating (“Rating”). Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Circa 420. Ratings and Reviews are not verified by Circa 420 for accuracy and may be incorrect or misleading. Any review on our Site is provided without any guarantees, conditions, or warranties as to it’s accuracy. The reviews on this Site are solely the opinion of the individual reviewer who wrote the review. You should do your own thorough research and evaluation of any Listings or products reviewed on the the Site and make your own well informed decision. 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.
8.2 Ratings and Reviews must be fair, truthful and factual. They must be based on your personal experience and must not provide 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.
8.3 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. 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.
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.
10. Copyright Infringement
Circa 420 respects the rights of intellectual property owners. If Circa 420 is notified by a copyright holder that any Content infringes a copyright, Circa 420 may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Circa 420 with a request to restore the removed content. If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent:
Circa 420 LLC
Attn: Copyright Manager
8424 A183 SANTA MONICA BLVD West Hollywood, CA 90069
Notice of Claimed Infringement must include at a minimum the following information:
policy will achieve such result in all circumstances. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http:// www.copyright.gov for details. All other inquiries sent to Circa 420’s DMCA agent will not be answered.
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.
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.”
13. Third Party Content
13.1 Third-Party Sites The Site may contain links to advertisements or third-party websites or resources. Circa 420 is in no way responsible for any Third-Party Sites, services, content, or products. Links to such sites are not an endorsement by Circa 420 and business dealings related to these sites are solely between the user and Third-Party Sites. We do not monitor or review the content of Third-party Sites that are linked from our Site. Opinions expressed or content appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Third-Party Sites may be subject to different Terms and privacy practices. Please be aware that we are not responsible for the privacy practices, Terms or content of these sites. Circa 420 will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. Circa 420 makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Sites accessible via hyperlink or websites linking to or from our Site. Such sites are not under the control of Circa 420 and we are not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Circa 420 may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Circa 420 of any site or any information contained therein.
13.2 Third-Party Information The Site or Services may display, include, or make available third-party content including User Content, Listings, Ratings and Reviews, Events, Deals, descriptions, site links, social accounts, menus, pricing, brand information, location, hours, images, videos, and Third-Party Products (collectively, “Third-Party Information”). Circa 420 makes no claim and and does not guarantee the existence, quality, safety, suitability, legality, validity, timeliness, copyright compliance, accuracy, decency, completeness, legality, nature, reliability, or any other aspect thereof, of any Listings or any and all Third-Party Information or the performance or conduct of any User or Third-Party. Blue checkmarks on Listings are only intended to indicate a completion of a verification process, and are therefore not an endorsement by Circa 420. In addition, Third-Party Information may claim certain standards regarding their products and Circa 420 does not verify any such representations. Third-Party Information is not under the control of Circa 420 and any such description, opinions or any other information mentioned by a User or Third-Party is not an endorsement, certification or guarantee by Circa 420, including whether the Listing is trustworthy, safe or suitable. Circa 420 is not responsible and will not have any liability or responsibility to you or any other person or user for any Third-Party Information and any provided links are supplied as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Circa 420 of any site or any information contained therein. You should always exercise due diligence and care when making whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third- Party Information.
13.3 Third-Party Products The Site or Services might exhibit Third-Party Products on Brand Listing pages for informational purposes. Circa 420 is not responsible for compliance of all aspects of the Third-Party Products with applicable law. Furthermore, Circa 420 is not responsible or liable for any loss or damage, injuries, illnesses, claims, or liabilities and costs it may cause you to suffer, directly or indirectly, full or in part, or of any sort incurred as the result of any such products as the result of any such Third-Party Products on our Site. Third-Party Products constitute “Third-Party Information” under these terms.
13.4 Third-Party Deals Circa 420 may contain advertisements and promotions from third parties on our Site or may otherwise provide information including coupons, promotional codes, giveaways, samplings, and other offers from Listings (collectively, “Deals”) on our Site. Your business dealings or participation in Deals with such third- parties, and any terms, conditions, warranties or representations associated with such Deals, are solely between you and such Third-Party. Circa 420 is not responsible or liable for: (i) deliverance of the Deal; (ii) compliance of all aspects of the Deal with applicable law; (iii) any goods or services it contributes to you in affiliation with the Deal; (iv) any loss or damage, injuries, illnesses, claims, or liabilities and costs it may cause you to suffer, directly or indirectly, full or in part, or of any sort incurred as the result of any such Deals on our Site. Deals constitute “Third-Party Information” under these terms.
13.5 Third-Party Communications During use of the Service, you may enter into correspondence with, submit a request for quote (pricing and availability), purchase goods and/or services from, follow a vendor or user, or participate in promotions of advertisers or third-party service providers, or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Circa 420 shall have no liability, obligation or responsibility for any such correspondence, purchase, request for quote (pricing and availability), or promotions between you and any such third party. You agree that it is your responsibility to take judicious provisions in all actions and communications with any third party you interact with through the Service. Circa 420 does not endorse any sites on the Internet that are linked through the Service. Circa 420 provides these links to you only as a matter of convenience, and in no event shall Circa 420 or its licensors be responsible for any content, products, or other materials on or available from such third-party sites.
YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
14. 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.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
– IF YOU CHOOSE TO USE THE SITE OR 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.
YOUR PARTICIPATION IN AN EVENT. YOU ARE SOLELY RESPONSIBLE FOR THE PARTICIPATION IN ANY EVENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS CIRCA 420 FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO YOU DURING THE EVENT OR IN ANY WAY RELATED TO YOUR SERVICE.
– THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. LIMITATION OF LIABILITY
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 at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. 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 email@example.com.
18. Choice of Law, Mandatory Arbitration and Venue
18.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and Circa 420 agree to the jurisdiction of the federal or state courts of Los Angeles County, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration.
18.2 Statute of Limitations
Any cause of action or claim you may have arising out of or relating to the Site or Services, or relating to these Terms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
18.3 Arbitration Agreement
18.3.1 Pre-Arbitration Dispute Resolution We are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly with satisfaction by emailing us at contact@circa420.
18.3.2 Dispute Resolution and Arbitration You and Circa 420 agree that any dispute, claim, or controversy between you and Circa 420 arising in connection with or relating in any way to these Agreements or to your relationship with Circa 420 as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Circa 420 further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
18.3.3 No Class Or Representative Proceedings: Class Action Waiver YOU AND CIRCA 420 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Circa 420 agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
18.3.4 Arbitration rules This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Circa 420 makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Circa 420. Either you or we may start arbitration proceedings. Any arbitration between you and Circa 420 will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Circa 420 agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Circa 420 can also help put you in touch with the AAA.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 18.1 shall govern any claim in court arising out of or related to the Agreements.
19. General Provisions
19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 The current Terms supersede and replace any and all prior Terms of Service for any of the Site or Services.
19.6 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.
19.7 The section titles in these Terms are for convenience only and have no legal or contractual effect.
19.8 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.
19.9 The word “including” means “including without limitation.”
If you have any questions concerning the Circa 420 Site and 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.
Please report any and all violations of this TOS to Circa 420 as follows:
8424 A183 Santa Monica Blvd
West Hollywood, California 90046