LAST UPDATED October 8, 2020
THIS IS A LEGALLY BINDING AGREEMENT.
YOU AGREE THAT BY ACCESSING THE SITE OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
USE BY MINORS
This Site is intended for persons 21 years of age and older. We do not knowingly collect information from individuals under 21 years of age, children, or minors.
COMPLIANCE WITH LAW
You agree to obey all applicable laws and to respect the intellectual property rights of others when accessing the Site or the Services, including laws regarding copyright ownership and use of intellectual property.
USER NAME AND PASSWORD
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password.
You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password.
The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
YOUR CONTENT; LICENSE GRANT
Any information or materials you post to the Site or Service will be considered your “Your Content”. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Your Content to the Site or Service, you shall grant and hereby grant the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify, adapt and create derivative work from any Your Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your Content, without compensation.
You shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by Your Content, including any content that is provided or transmitted using your login information. The burden of proving that Your Content does not violate any laws or third party rights rests solely with you.
THE COMPANY RESERVES THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.
NOTICE OF COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT
Anyone who believes that his or her work has been reproduced on the Site or Services in a manner which constitutes copyright infringement may submit a notification to the Company’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA“), by providing the following information in writing: (1) identification of the copyrighted work that is claimed to be infringed; (2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Site or Services; (3) information for the Company’s copyright agent to contact you, such as an address, telephone number, and e-mail address; (4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. It is also the Company’s policy, in appropriate circumstances and in its sole discretion, to disable or terminate the accounts of users who submit false or frivolous DMCA claims. Notices of claims should be sent to:
Ascend Wellness Holdings LLC.
Attn: Website Administrator
1411 Broadway, New York, NY 10018
With subject line: “DMCA Claim”
USE OF SITE AND SERVICES; TERMINATIONS
THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
LIMITATION OF LIABILITY
BY ACCESSING THE SITE OR THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by the company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You agree that you will not violate or attempt to violate any security features of the Site or Service. You agree that you will not engage in any of the following: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
OWNERSHIP OF COMPANY INTELLECTUAL PROPERTY
The Site and Services, and their content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, questions and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that the Company and/or its licensors, if any, own all right, title and interest in and to the Site and Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto), and you agree not to take, or fail to take, any action(s) inconsistent with such ownership interests.
Nothing contained on the Site or in the Service should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
GOVERNING LAW; ARBITRATION
NO CLASS ACTION
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
Your access and continued use of the Site or Service signifies your explicit consent to this waiver.
MARIJUANA ILLEGAL UNDER FEDERAL LAW
Marijuana is a Schedule I controlled substance under the United States Controlled Substances Act, 21 USC § 801, et seq., and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties.
ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO MARIJUANA IS AT YOUR OWN RISK.