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2.Changes to the Agreements
3.2 Discount Codes and other Limited Offers
4.License and assignment
5.Third Party Applications
6.User generated content
9.Illegal Marijuana Sales
11.Technology limitations and modifications
13.Payments, cancellations and cooling off
14.Term and termination
19.Choice of law, mandatory arbitration and venue
20.Local Country chart
We’re pleased to make our Service available to you. The Grassmatch Service is essentially a service to connect State Legal Medical Marijuana Patients and Caregivers together using the internet.
In order to use the Grassmatch Service, you need to (a) be 18 or older (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be a resident in a state where Medical Marijuana has been legalized. You also warrant that any registration information that you submit to Grassmatch is true, accurate and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the Grassmatch Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
Here’s some information about all the ways you can use Grassmatch.
Grassmatch account holders may access the Grassmatch Service by any of our several Subscriptions:
Free Patient Profiles: Medical Marijuana Patients are given completely free accounts on Grassmatch. Neither monthly billing nor credit card information is collected.
Caregiver Profiles: Caregivers pay for their listings on the Grassmatch Service, except for free trial offers.
If you have purchased a code sold by or on behalf of Grassmatch for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Grassmatch (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the state where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Caregiver Service and/or Caregiver Mobile Service for a specified period for a reduced fee (a “Trial”). Grassmatch reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
We’ll require you to provide your payment details to start the Trial. This is to ensure against abuse of our trial system and also for the protection of Grassmatch Patients. For free trials, your credit card will not be billed until the end of such trials. For reduced fee trials, we will bill your credit card monthly at the discounted rate specified for the time specified in the offer information. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want to be charged the regular rate for Grassmatch’s Caregiver Service, you must either delete your profile or change your profile to indicate that you are no longer seeking patients. By indicating that you are no longer seeking patients, you will be unable to contact and search for patients using Grassmatch. But you will be able to seek Caregivers if you also have a Caregiver profile (I.E. you signed up as both a patient and a caregiver). By deactivating billing in this manner, you can save your account information for later.
The Grassmatch Service and the content provided through it are the property of Grassmatch or Grassmatch's licensors, and we grant you a limited, non-exclusive, revocable license to make use of the Grassmatch Service., based on the Subscription or Trial, you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or Grassmatch.
The Grassmatch software applications are licensed, not sold, to you, and Grassmatch retains ownership of all copies of the Grassmatch software applications even after installation on your Devices. Grassmatch may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party.
All Grassmatch trademarks, service marks, trade names, logos, domain names, and any other features of the Grassmatch brand are the sole property of Grassmatch. This License does not grant you any rights to use the Grassmatch trademarks, service marks, trade names, logos, domain names, or any other features of the Grassmatch brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Grassmatch Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the Grassmatch Service are licensed to you either under these Terms, or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and on our website.
Grassmatch users may post, upload and/or contribute (“post”) content to the Service, including pictures and text (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by Grassmatch or any entity or individual without express written consent from such individual or entity. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Grassmatch. This license lasts until you terminate your Grassmatch account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Grassmatch Service, except that, where applicable under Local law, you agree to waive your right to be identified as the author of any User Content on the Grassmatch Service and your right to object to derogatory treatment of such User Content.
Grassmatch does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Grassmatch’s sole discretion, violates these Agreements. Grassmatch may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Grassmatch is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at firstname.lastname@example.org.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Grassmatch Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to a Free Service, and (c) to allow our business partners to do the same.
You grant Grassmatch a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Grassmatch Service.
These Terms are not intended to grant rights to anyone except you and Grassmatch, and in no event shall these Terms create any third party beneficiary rights. Any failure by Grassmatch to enforce these Terms or any provision thereof shall not waive Grassmatch’s right to do so.
We’ve established a few ground rules for you to follow when using the Service, to make sure Grassmatch stays safe for everyone. Please follow these rules and encourage other users to do the same.
Grassmatch respects individual personal information and rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Grassmatch Services or content delivered to you via the Grassmatch Services, or otherwise any making use of the Grassmatch Service which is not expressly permitted under these Terms; (b) using the Grassmatch service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Grassmatch Services or any part thereof; (d) circumventing any technology used by Grassmatch, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Grassmatch; (g) artificially manipulating search results or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Grassmatch Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Grassmatch and other users of the Grassmatch Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of State Marijuana Laws, privacy rights or proprietary rights of Grassmatch or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Grassmatch inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services except those related to the sales and purchases of Medical Marijuana; (k) interferes with the Grassmatch Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Grassmatch’s computer systems or network, or breaches any of Grassmatch’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Grassmatch. You agree that Grassmatch may also reclaim your username for any reason.
Please be thoughtful about what you make public on Grassmatch. The Grassmatch Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Grassmatch or across the web, so please use Grassmatch carefully and manage your account settings regularly. Grassmatch has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Grassmatch is not an illicit Marijuana Site. Grassmatch is designed to connect legal Medical Marijuana Caregivers and Patients together. You agree not to use the Grassmatch to facilitate individual sales of Marijuana from one party to another under penalty of all applicable laws. You alone are responsible for ensuring that your profile and your interactions other Grassmatch members does not violate city, county, state, federal laws, and any other applicable laws.
Grassmatch takes every possible precaution to ensure you remain anonymous on the Grassmatch Site. However, the service itself can be used to upload personal information and images that can potentially be linked to your identity. There are several rules you should employ to greatly increase your chances of remaining anonymous:
Choose a unique user name for the Grassmatch Service; do not use any user name or any variant of a user name that you’ve used in the past.
Do not cross post photographs on other sites. In other words, if you upload an image to Grassmatch – do not upload it to Facebook or any other website.
Delete any photographs posted to Grassmatch from your camera, computer, and cloud storage after posting those photographs.
Do not post photographs showing your face, or any other personally identifiable features such as tattoos.
Do not post or send any personally identifiable information to your profile or to other Grassmatch Users. Examples of personally identifiable information include your place of employment, your name, your business’s name, your address, and more.
Grassmatch in no way guarantees that you will remain anonymous and you agree to release Grassmatch of any and all liability – legal, personal, and financial related to the possible release of your personal information to the public to the maximum extent of the law.
11. Technology limitations and modifications
Grassmatch will make reasonable efforts to keep the Grassmatch Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Grassmatch reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Grassmatch Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Grassmatch Service or any function or feature thereof. You understand and agree that Grassmatch has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Grassmatch’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Grassmatch under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
If you have a Paid Subscription, your payment to Grassmatch will automatically renew at the end of the subscription period. There are a number of ways to stop building, and pro-rated refunds will be applied to your account. To stop billing and receive a pro-rated refund (as applicable) perform any of the following actions
Grassmatch may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Grassmatch Service after the price change takes effect, you accept the new price.
These Terms will continue to apply to you until terminated by either you or Grassmatch. Grassmatch may terminate the Terms or suspend your access to the Grassmatch Service at any time, including in the event of your actual or suspected unauthorized use of the Grassmatch Service or non-compliance with the Terms. If you or Grassmatch terminate the Terms, or if Grassmatch suspends your access to the Grassmatch Service, you agree that Grassmatch shall have no liability or responsibility to you and Grassmatch will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Grassmatch account, please contact us through the Customer Service contact form.
We endeavor to provide the best service we can, but you understand and agree that THE GRASSMATCH SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE GRASSMATCH SERVICE AT YOUR OWN RISK. GRASSMATCH DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, Grassmatch does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Grassmatch Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Grassmatch is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Grassmatch Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Grassmatch shall create any warranty on behalf of Grassmatch in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Grassmatch Service, the Third Party Applications or the Third Party Application content is to uninstall any Grassmatch software and to stop using the Grassmatch Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GRASSMATCH, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE GRASSMATCH SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER GRASSMATCH HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GRASSMATCH SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO GRASSMATCH DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits Grassmatch’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and Grassmatch and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Grassmatch are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Grassmatch that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Grassmatch Service may be governed by additional agreements. That could include, for example, access to the Grassmatch Community for customer support, access to the Grassmatch Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full here. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise required by a mandatory law any jurisdiction these Agreements are subject to the law of the State of Michigan, United States, without regard to choice or conflicts of law principles. Further, you and Grassmatch agree to the exclusive jurisdiction of the state and federal courts in Wayne County, Michigan to resolve any dispute, claim or controversy that arises in connection with these Agreements.
If you are a United States user, the following mandatory arbitration provisions also apply to you:
You and Grassmatch agree that any dispute, claim or controversy arising out of or relating in any way to the Grassmatch Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Grassmatch are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Grassmatch account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Grassmatch agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
You and Grassmatch agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Grassmatch Service are NOT subject to mandatory arbitration. Instead, you and Grassmatch agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Wayne County, Michigan and that applicable Michigan and/or Federal law shall govern, without regard to choice of law principles.
YOU AND GRASSMATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Grassmatch. Any arbitration costs or fees deemed “excessive” will be paid by Grassmatch.
This chart details the Grassmatch entity with which you are contracting by accepting these Agreements, depending on your Local Country of residence.
Local Country of Residence
Grassmatch LLC, registered in Delaware with registration number 56023-16
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