Last updated: November 14, 2017
THE COMPANY DOES NOT ENDORSE OR RECOMMEND THE CONSUMPTION OR USE OFANY PRODUCTS/SERVICES LISTED, PROMOTED OR SOLD BY ANY VENDORS THROUGH THEPLATFORM. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANYPRODUCTS AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE(INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH) ARISING FROM OR CONNECTED WITH THE USE OF PRODUCTS PURCHASED FROM ANY VENDOR LISTED ON OUR PLATFORM. PLEASE ALWAYS CONSULT YOUR DOCTOR BEFORE USING MEDICALMARIJUANA OR SIMILAR PRODUCTS/SERVICES AND THEIR SUITABILITY FOR YOURMEDICAL CONDITION. WE MAKE NO CLAIMS REGARDING THE SHORT OR LONG-TERMHEALTH EFFECTS OF ANY PRODUCTS/SERVICES OFFERED BY VENDORS ON OUR PLATFORM.ACCORDINGLY, ANY DECISION TO PURCHASE / USE / CONSUME ANY PRODUCTS/SERVICESLISTED, OFFERED, PROMOTED THROUGH THE PLATFORM IS AT YOUR OWN RISK.
THE LAWS GOVERNING MEDICAL MARIJUANA VARY FROM ONE JURISDICTION TO ANOTHER THEREFORE IT IS IMPORTANT THAT YOU FAMILIARISE YOURSELF WITH YOUR LOCAL AND STATE LAWS. WE DO NOT ENCOURAGE TRANSPORTING MARIJUANA FROM A STATE WHERE IT IS LEGAL TO ANOTHER WHERE IT IS NOT. IT IS SOLELYYOUR RESPONSIBILITY TO ACT IN COMPLIANCE WITH YOUR LOCAL LAWS.
You have violated the terms of this Agreement;
Your conduct is harmful to the Company or any of its Users; or we cease our business operations for any reason.
1. Key Terms
Unless expressly stated otherwise, for the purposes of this agreement the following words will have the following meaning:
“Patients” - refers to people who use cannabis for medical purposes.
“Customers” - refers to people who use cannabis for recreational purposes.
“Buyers” - refers to Patients, Customers as well as other Budtree account holders who purchase any leaf and/or non-leaf products from Merchants through the Platform.
“Users” - refers to all visitors and registered Budtree account holders.
“Merchants” - refers to all registered Budtree merchant account holders who list, advertise and offer their products for sale to prospective Buyers through the Platform.
“Product” - refers to all leaf as well as non-leaf item advertised, promoted, listed, offered or sold through the Platform.
“Listing” or “Offer” - refers to any advertisement, deal or product listed, promoted or showcased by a Merchant anywhere on the Platform.
“Parties” - refers to buyer and merchants collectively.
“Merchant Profile” - refers to a Merchant’s page on the Platform that enables merchants to list, promote and sell their Products to all prospective Buyers.
“Platform Services” - include the functionality that enables Users to search products, merchants in the area, posting ads, leaving reviews, locating businesses and any other features and functionalities for communication between Users.
“Sale Agreement” - refers to an agreement governing the commercial transaction for sale and purchase or products between a Buyer and a Merchant.
2. Budtree Services
Budtree is a unique cannabis-focused online platform that enablesmedical marijuana patients, customers, buyers and businesses who are sellingleaf and non-leaf products to find each other, communicate and transact in a secure, efficient and convenient manner. Users can sign-up and create an account on the Platform and start making use of the Budtree platform services (“Services”), including but notlimited to: searching for products through the geo-localized maps and/or through themarketplace, compare brands and products, choose and order products online, pay forproducts using Budtree’s chosen payment processor, posting/reading real reviews andmore.
ANY USER WHO IS UNDER THE AGE OF TWENTY-ONE YEARS (21) OR WHO HAS PREVIOUSLYBEEN BANNED OR RESTRICTED FROM USING THE SITE IS STRICTLY PROHIBITED FROM ACCESSINGBUDTREE OR CREATING AN ACCOUNT ON THE PLATFORM.
You may only use Budtree if you are at least twenty-one (21) years of age and eligible to enter into a legally binding agreement with the Company.By proceeding to use Budtree you represent and warrant to the Company that you have the requisite capacity and authority to use the Platform. Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to acton behalf of that individual, group or entity and to bind the former to thisAgreement. You agree to use the Platform in accordance with these Terms as well any local, state, provincial, national or federal laws, ordinancesand regulations.
IF YOU ARE UNDER THE AGE OF TWENTY-ONE (21) YEARS, YOU ARE STRICTLYPROHIBITED FROM ACCESSING OUR SITE OR PROVIDING ANY PERSONAL INFORMATION TO US. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PEOPLE UNDER THE AGE OF TWENTY-ONE (21).
b. Account Set-up and Safety
Users are not required to sign-up at www.budtree.com to browse through the Platform but they must register with the Platform to buy or sell Products through the Platform. You agree to provide us with current and accurateinformation when registering an account on the Platform. You agree to keepyour Budtree username and password strictly confidential and not to share this information with any other third party. You will be solely responsiblefor any activity under your account regardless of whether you authorized suchuse or not. You also agree that you will never use another User's account for any purposes whatsoever or allow another person to use your account. We will never contact you to request your personal information or password and it is your responsibility to immediately notify us of any such suspicious activity or unauthorized use of your account at www.budtree.com.
You hereby release us from any liability, claim or action arisingout of or associated with any loss of data, claim or damage arising out of such security breach. You understand that your decision to use the Platform is entirely at your own risk.
You can also link your third party social media accounts such as Facebook to your Budtree Account (“Your Social Account”). Please note that by linking your social accounts, you are authorizing us to access and displaycertain publicly visible information from Your Social Account on your Budtreeaccount.
The Company reserves the right to introduce any new paid features and functionalities without giving any notice to you.All Buyer payments will be processed by our preferred payment processor as outlined in Secure Payment Processing provision below.
We reserve the right to immediately suspend or terminate your access to the Platform if we discover that you have provided inaccurate,fraudulent or incomplete information to us during your account registration process or upon violation of any terms of this Agreement.
We may access your account and the information that you have provided us,for support, maintenance or for any security-related or business reasons thatwe in our sole discretion deem fit.
c. Account Termination
You may delete your Budtree account at any time by accessing the account settings on [INSERT WHERE ON THE SYSTEM CAN USERS DELETE THEIR ACCOUNT]. Please take note that all your data stored on your Budtree account will be permanently removed upon deletion of your account. It is solely your responsibility to ensure that you save all data that you wish to access at a later stage. You will not be able to reactivate your account at a later stage after you have deleted it.
The Company reserves the right to terminate this Agreement and your access to the Platform Services at any time without giving any notice to you, if we find that:
If you have been banned from using the Platform or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
Creating a new account with different sign-up information;
Try to acquire access to another User’s account;
Try to gain access to the Platform through any other unauthorized mechanism
d. Secure Payment Processing
Budtree offers Buyers and merchants a convenient and secure paymentoption to transact online through their VariPay account. To get started,Buyers can easily download the VariPay app through the Apple Store orGoogle Play (“App Store”). Buyers will be required to provide the requested information to VariPay and once all relevant information has been providedand VariPay approves Buyers’ account they can easily top up their digitalcash balance through any one of the options offered by VariPay.
VariPay currently offers Buyers ACH debit, Paypal, ApplePay, AndroidPay. VariPay App enables Buyers to pay verified merchant accountholders in-store as well as upon delivery of ordered product.
e. Accessing Products
Buyers decide how they want to access the products.Where the Merchants offer shipping service, the Buyer can choose to have the product delivered to them and an amount equal to the priceof the ordered product will be kept on hold in their VariPay account.Buyers can confirm the receipt of order and release payment to the Merchantaccount. In the event the Merchants don’t offer the delivery service, the Buyer can just as easily reserve the product through Budtree and anamount equal to the price of their order will be put on hold in theirVariPay account, once the Buyer goes to the Merchant store to pick up the product they can confirm the transaction and the funds are released to the Merchant’s VariPay account.
Please note that the Company only enables a connection betweenthe Buyers and the Merchants. The Company is not responsible for the shipping and delivery of the Product purchased by the Buyer. We do not have any control over the quality, delivery, timing, failure to deliver the product by the Merchants. It is solely your responsibility to review the Merchant’s Terms and Conditions to view their shipping and collection policy as well as their cancellation and refund policy before ordering any product and the Company will not be held liable for yourfailure to review such Merchant terms.
Unless explicitly stated otherwise, our responsibility islimited to facilitating the availability of the Platform Service.
3. User Conduct and Obligations As a Budtree User you agree that:
You have read, understood and agreed to abide by all the terms of this Agreement;
You will always act in compliance with your local laws and/or regulation when using the Platform.
You will promptly and efficiently perform all your obligations towards other Users and towards the Platform under this Agreement;
If you purchase any product through the Platform, you will ensure that you are aware of any laws that apply to you as a Buyer of Products.
You will not post any content on the Platform that may be potentially or actually harmful to the Company or any User;
You will not post any content or information that is false, inaccurate, misleading or deceptive in nature;
You will not infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
You will not use the Platform to conduct any unlawful or illegal activity;
You will not post any content that may be deemed defamatory, libellous, threatening or harassing;
You will not post fraudulent / fake reviews on the Platform that are not based on your personal experience.
You will not post crass advertisements, identical copies of the same content (or almost similar content), content with misleading descriptions, titles or links to manipulate other Users or in any way violating our terms.
You will not post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
You will not cause harm or subvert the function of the Platform by introducing any viruses or other computer programming routines thatmay damage, modify, delete or interfere with any system, data or information stored on the Platform;
You will immediately notify us of any change in your account information or any issues that you encounter during your use of thePlatform;
In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
You will not collect any information about other Users (including names, email addresses) for any purpose;
You will not reformat or frame any portion of the Platform without express written consent of the Company;
You will not create User accounts by automated means or under false or fraudulent pretences;
You will not submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
You will not transmit any viruses, defects, trojan horses or other items of a destructive nature;
You will not copy or store any content offered on the Platform for other than your own use;
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
You will not disclose the personal information of any other User on the Platform;
You will respect other Users on the Platform. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others. In short, be kind to others;
You will help us monitor unhealthy User behaviour by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime;
You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal or unethical.
You will not engage in predatory behaviour including stalking, harassment, bullying or any similar dangerous behaviour towards any other Platform User.
4. User Generated Content
User Generated Content (“Content”) refers to all content uploaded, posted, showcased or listed on the Platform by registered Budtree Users including but not limited to advertisements, product information, profileinformation, ratings and reviews.
We neither claim ownership of User Generated Content nor review / monitor such Content. By posting, submitting or contributing Content to the Platform,you expressly grant us irrevocable, royalty-free and fully paid, worldwide, nonexclusive license to use, distribute, reproduce, modify, adapt, publish, display or share the Content that you uploaded, posted or publicly shared on the Platform to deliver the Platform service, for the promotion of the Platform or any other purposes that we in our sole discretion deems fit. You hereby waive any claims to future compensation arising from the Company’s use of your UserGenerated Content as outlined in this Agreement.
All Platform Users understand that all User Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any copyrights, trademarks or other intellectual property rights violations by any User or for any errors, omissions or inaccuraciesin any User Generated Content. The Company cannot guarantee the identity of any other User on the Platform or the protection of any content that becomes publicly available because of a User posting / listing / sharing any User Generated Content on the Platform or other third-party websites.
Your use of any User Generated Content is solely at your own risk.Please note that the Company does not endorse or recommend any UserGenerated Content and you hereby expressly release the Company from anyliability arising out of or associated with your use of any User Generated Content.
5. Agreement between Users
The Platform enables merchant account holders to post advertisements, list products and offer deals to Buyers. All such offers form part of User Generated Content and solely the responsibility of the Merchant from whomsuch content originated. Buyers understand that all such offers may be subjectto additional Merchant terms and conditions. To the extent that such additionalterms do not conflict with the terms and conditions in this Agreement and donot expand Company’s obligations or restrict Company’s rights under this Agreement,the Buyer will be bound by the Merchant’s terms and conditions for any transactionentered through the Platform. It is solely the responsibility of the Buyer to review any additional Merchant terms and conditions before placing any order through the Platform. Both parties agree that the Company is not a party to any offers and deals made through the platform and will not be responsible for any obligations arising from the agreement between the Buyers and Merchants.
6. Intellectual Property
Unless expressly stated otherwise, all content available on the Platformincluding without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) is owned by and/orlicensed to the Company by our licensors and subject to trademark, copyright andother intellectual property laws and international conventions. All Company Contentis provided to you for your personal and non-commercial use only. Any act of copying,selling, reproducing, republishing, modifying, distributing and creating derivativework of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights andlicences to use. You understand that any use of Company Content on any website,system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a limited, non-exclusive, non-transferable license to use the Platform in accordance with this Agreement.
We reserve the right to prosecute any violations of this provision fully permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability..
7. Copyright Protection
We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, re-publish, distribute or in any way access ormake available any content that is protected by copyright laws without the express permission to use such content from the authorized person.You may not use any copyrighted material on the Platform for any purposeother than for which you have full rights. If we find that our User hasviolated a copyright of another person or entity, we reserve the right toimmediately terminate such User’s access to our Platform and take any otherappropriate remedial actions that we in our sole discretion deem fit.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization,please contact us via email stated below and provide us with the following information:
Identification of the material or content that is claimed
to be infringing your copyrighted works;
Your contact information including your name, phone number
and email address;
A statement by you setting out that you are either the
owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyrighted work.
Contact us: firstname.lastname@example.org
The Company reserves the right to introduce any new features and functionality, modify existing features, amend any provision ofthis Agreement as well as the right to discontinue the Platform service in our sole discretion. Any changes in features and functionality of services will become effective from the date of implementation.
Where we make any amendments to this Agreement, we will notifyyou by updating the last updated date on the top of this Agreement.Please take the time to review these terms regularly to familiariseyourself of any material changes. You release the Company of any liability arising from your failure to review such modified Terms.
If you would like to share your feedback, comments and suggestions with us, please submit your feedback to email address given below. By sending in your suggestions,ideas and feedback you represent and warrant to the Company that you have full rights to submit such information and that you are not violating any intellectual property rights of another individual or entity. When you send us your ideas, suggestion, comments or feedback, you are agreeing to grant all legal rights to the Company, to use, disclose and/or otherwise exploit your submission, in whole or in part, without any restriction or compensation to you. You understand that you will be waiving all claims now and in future to any monetary compensation against theCompany.
ALL INFORMATION AVAILABLE ON BUDTREE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO DIAGNOSE OR REPLACE EXPERT MEDICALADVICE OR TREATMENT PROVIDED BY A LICENSED HEALTHCARE PROFESSIONAL.
THE COMPANY DOES NOT ENDORSE OR RECOMMEND THE CONSUMPTION OR USE OFANY PRODUCTS LISTED, PROMOTED OR SOLD THROUGH THE PLATFORM. WE DO NOT WARRANT,GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS AND WE WILL NOT BE HELDRESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH) ARISING FROM OR CONNECTED WITH THE USE OF PRODUCTS PURCHASEDTHROUGH THE PLATFORM. WE MAKE NO CLAIMS REGARDING THE SHORT OR LONG-TERM HEALTHEFFECTS OF ANY PRODUCTS LISTED/ADVERTISED ON THE PLATFORM. ACCORDINGLY, ANY DECISION TO PURCHASE / USE / CONSUME ANY PRODUCTS SOLD THROUGH THE PLATFORM IS AT YOUR OWN RISK.
THE COMPANY DOES NOT SELL ANY LEAF OR NON-LEAF PRODUCTS LISTED ON THE PLATFORM AND WE DO NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY PRODUCTS LISTED, ADVERTISED OR SOLD BY MERCHANTS THROUGH THE PLATFORM. WE DO NOT ACT AS AN AGENT ON BEHALF OF THE BUYEROR THE MERCHANT. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALLLIABILITY ARISING FROM YOUR USE OF THE PLATFORM.
WE ARE NOT QUALIFIED MEDICAL PROFESSIONAL AND THE COMPANY DOES NOT OFFER ANY HEALTH GUIDANCE. ANY CONTENT OR INFORMATION INCLUDING ANY, ADVICE,RECOMMENDATION OR CLAIM POSTED ON OUR PLATFORM BY OTHER USERS IS THE OPINION OF SUCH USER AND NOT THE OPINION OF THE COMPANY. YOU SHOULD ALWAYS CONSULTWITH A LICENSED MEDICAL PROFESSIONAL BEFORE USING CANNABIS FOR MEDICAL TREATMENT.
PLEASE TAKE NOTE THAT WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCERELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ONYOUR BEHALF, BASED ON THE INFORMATION, PRODUCTS OR OTHER MATERIALAVAILABLE ON OUR PLATFORM.
PLEASE NOTE THAT OUR ACCEPTANCE OR PLACEMENT OF ANY ADVERTISEMENT ON THE PLATFORM, DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH ADVERTISED PRODUCT OR SERVICE. WE DO NOT WARRANT,GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE. THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENT OR TRANSACTION BETWEEN ANY ADVERTISER AND BUYER.
The Company may, in its sole discretion create and offer promotional codesthat are redeemable for credit in your account and can only be used towards purchasing products offered through the Platform. You understand and accept that the Company uses promo codes to increase its marketing reach and therefore promo codes can only be used once per User. Please note that additional terms and conditions may apply to use of promo codes and by using a promo code, you agree to be bound by those additional terms and conditions. Promo codes may expire upon the date specified in the promotionand may not be redeemed for cash or transferred to another account. The Company reserves the right to withhold or deduct any credits or benefits in your accountwhich are obtained from the use of promo codes if we are of the view that there to have been an abuse, fraud or any other illegal activity on your part.
12. App Store Users
If you download the Budtree App on your mobile device, you agree to be bound by this provision. You acknowledge and acceptthat this Agreement is concluded between you and the Company only. You understand that Apple, Inc and Google, Inc are not a party toyour agreement with the Company (Apple, Inc and Google, Inc are hereinafter collectively referred to as ‘App Store Company’). Budtree mobile app is licensed to you by the Company under thisAgreement and not by the App Store Company. You understand and accept that App Store Company is not under any obligation to offer anymaintenance or support services with respect to Budtree. To themaximum extent permitted by applicable law, App Store Company does not offer any warranties of any nature whatsoever in relation to Budtree. You understand and accept that all claims arising outof or related to this Agreement or the Platform must be broughtagainst the Company and not against the App Store Company.App Store Company will not be responsible for any investigation, defense, settlement and discharge of any claim that, Budtree or your use of the Budtree infringes any third-party’s intellectualproperty. By using Budtree you represent and warrant to the Company that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Governmentlist of prohibited or restricted parties. You acknowledge and agree that App Store Company and its subsidiaries are third party beneficiariesof this Agreement and App Store Company will have the right to enforcethis Agreement against you as a third-party beneficiary.
13. User Verification
The Company only requests Buyers to verify their age before they access the Platform, but we do not request any proof of identity and we are unable to confirm that they are who they claim to be. The Company will not assume any responsibility forany information provided by Buyers through the Platform. Shouldthe Merchants require any additional proof of identity from theBuyer, it is for them to request such information from the Buyers.Furthermore, we do not offer any assurances or warranties to the Buyer that any identity proof that they deliver to the Merchantswill not be misused.
Although we take reasonable steps to vet Merchant account holders on Budtree, we cannot guarantee that information provided by Merchants about themselves and their products is accurate, lawful or free from any misrepresentation.Buyers are advised to exercise caution and use your own best judgement wheninteracting with other Users.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WILL BERESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS,INJURY, ILLNESS OR DAMAGE ARISING RELATING TO YOUR USE OF THE PLATFORM ORSALE AND PURCHASE OF ANY ITEMS OFFERED THROUGH THE PLATFORM.
14. Link to third-party websites
15. International Customs Duties and Charges
Buyers understand that international deliveries may incur importduties and taxes imposed by the customs department of your country. Unless expressly stated otherwise by the Merchant in their shipping policy,all such duties and taxes will be borne by Buyers and the Company and Merchantswill not be liable for any additional charges that Buyers may be required to pay to their local authorities. Buyers are advised to familiarise themselveswith all applicable laws and regulations to ensure that they follow their local laws before ordering any Product through the Platform.
You agree to release, defend, indemnify, and hold harmless theCompany and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities,damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your access to the Platform,
(ii) the violation of these Terms by you, or
(iii) the infringement by you, or any third party using your
account / Username or password, of any intellectual property or other right of
any person or entity.
17. Disclaimer of Warranties
ALL PLATFORM SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NORWARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE,ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TOWARRANTIES OF FITNESS FOR A PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGHCOURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORMSERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
18. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OFOR ASSOCIATED WITH THE USE OF PLATFORM SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWREGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCEOR ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY PLEASE CEASE TO USE BUDTREE IMMEDIATELY AND UNINSTALL OUR APP FROM YOUR MOBILE DEVICE.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PLATFORM SERVICES IN LOCATIONS OTHER THAN CANADA AND USA.
19. Governing Law
This Commercial agreement shall be governed and construed by the laws of the State of California without giving effect to any principlesof conflict of laws. Both parties agree to bring any action or claim arisingout of or related to this Commercial Agreement in the state or federal court located in Orange County, California.
20. California Civil Code Section 1542 Waiver
You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with theuse of the Platform. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does notknow or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
21. No Class Action
Neither the Company nor the User shall bring any actionagainst the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM,AND AGREE TO BE BOUND BY THESE TERMS.
22. Entire Agreement
which is incorporated herein by reference constitutes the entire understanding between you and the Company.
The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion and without notice to the User. Users may not assign or otherwise transfer any of their rightsunder these Terms to any other party without the express written consent of the Company.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limitedto the minimum extent necessary and such limitation will not impact the validityand enforceability of the remainder of this Agreement.
25. Force Majeure
Neither the Company nor the User will be held liable for failure toperform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster),war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer,internet or telephone service.