The Website, App, and/or any associated Services are offered and available only to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and otherwise are able, pursuant to applicable state and local law, to access and utilize the Website, App, and/or any Services associated therewith. If you do not meet any of these requirements, you must not access or otherwise use the Website, App, and/or Services.
3. Terms of Service
A. Services Offered by or Through Website or App
Supurb is a service that connects qualifying medical marijuana patients and/or designated caregivers with licensed dispensary partners to obtain the medication and other goods and/or services they need. Such goods and Services may include, but are not limited to, medical marijuana products. You acknowledge that the Services may be made by (a) certain of Supurb’s subsidiaries and affiliates; and/or (ii) independent third party providers, including licensed medical marijuana dispensaries and their dispensary agents. Supurb is not a licensed dispensary as defined by the Arizona Medical Marijuana Act, A.R.S. § 36-2801 et seq., and A.A.C. Title 9, Chapter 17. Deliveries of medical marijuana products are made only by licensed dispensary agents, and Supurb does not set pricing or maintain any inventory of medical marijuana to or for qualified patients or designated caregivers. Supurb may perform and provide certain logistics services through the Website and/or App on behalf of or in conjunction with its licensed dispensary partners, including, but not limited to, pre-verification checks, identification checks, quantity and other eligibility-related verifications, provision of certain patient education and support materials, or collection, recordation, and/or transmission of information for recordkeeping and/or entry into the medical marijuana electronic verification system, among other things.
ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR QUALIFYING CONDITION. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION ON THE WEBSITE, APP, VIA PROVISION OF THE SERVICES, OR ON ANY THIRD-PARTY DISPENSARY PARTNER WEBSITES OR APPS. RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
C. Access and Use of Website, App, and Services
We reserve the right to withdraw or amend the Website, App, and any service or material we provide on the Website, including, without limitation, the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, App, and/or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, App, and/or Services, or the entire Website, App, and/or Services, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or App, or any portions thereof, and/or utilize any Services, using your user name, password, or other security or identifying information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit and log out from your account at the end of each session. You should exercise particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personally identifying information.
4. Payment and Charges
5. Intellectual Property Rights and Uses
The Website, App, and/or Services, and the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement) thereof, are owned by the Company, its licensors, licensees, third-party business partners, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, among other applicable protections, as appropriate.
A. Other Intellectual Property
The Company name, related names, all logos, product and service names, designs and slogans, including, without limitation, “Weed deliver to you,” are trademarks and/or other intellectual property rights belonging to the Company or its affiliates or licensors only. You must not use such marks without the express prior written permission and consent of the Company. All other names, logos, product and service names, designs and slogans on the Website or App are the trademarks of their respective owners.
B. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), to the extent not otherwise explicitly covered herein with respect to, without limitation, the legality of purchasing, possessing, and/or using marijuana for medicinal purposes in accordance with applicable state and local law, and the associated conflict with federal, international, and other laws, that do or may prohibit such behavior and/or actions.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth herein.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter(s),” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, App, and/or Services, or which, as determined by us, may harm the Company or users of the Website, App, and/or Services in any way.
Additionally, you agree not to:
- Use the Website, App, and/or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, App, and/or Services, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website, App, and/or Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.
- Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or App.
6. Acknowledgement of Federal Law
You expressly acknowledge that the Website, App, and/or the Services are for residents with laws regulating medical use of marijuana only and that medical cannabis collectives and patients are established pursuant to their respective state and local laws. Under the federal laws of the United States of America, marijuana, for any use, is illegal, and that individuals are subject to arrest and/or prosecution for possession, cultivation or transportation of marijuana by federal officials. You further expressly acknowledge that medical marijuana is not recognized as a valid defense under federal laws. You also acknowledge that the interstate transportation of marijuana is a federal offense.
7. Acknowledgement of Arizona Law
You expressly acknowledge that the use, possession, cultivation, transportation, and distribution of cannabis is illegal in Arizona unless all participants are acting completely within the scope of Arizona’s medical cannabis laws as set forth in the Arizona Medical Marijuana Act, A.R.S. §§ 36-2801 et seq., and all associated laws, rules, and regulations.
8. User Contributions
The Website and/or App may contain message boards, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow registered users to post, submit, publish, display or transmit to other registered users or persons (hereinafter, a “post”) content or materials (collectively, “User Contributions”) on or through the Website or App. All User Contributions must comply with the Content Standards set out herein.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates, service providers, and business partners, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of our/their respective licensees, successors, or assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.
A. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU EXPRESSLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, BUSINESS PARTNERS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS, ASSIGNS, MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OR OTHER AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATION(S) AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATION(S) BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.