HEALING BUDZ

TERMS AND CONDITIONS OF USE

 

WELCOME - You’ve arrived at Healing Budz, the Community for Natural Healing!

WE REQUIRE YOU FULLY READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE, MOBILE APPLICATIONS OR TECHNOLOGY.

  1. Our Welcome Statement on our Terms and Change to Terms
    1. These Terms and Conditions of Use (“Terms”) constitute an agreement between you (“you” or “your”) and Healing Budz, Inc., (“us,” “we,” and/or “our”) and govern your use of our website, mobile application, services, technology and software we offer (the “Healing Budz Platform”).
    2. In consideration of you being allowed to use the Healing Budz Platform, you agree to be bound by the Terms and Privacy Policy, and any violation of these Terms shall constitute a material breach of the Terms. Thus, by using the Healing Budz Platform, you agree to these Terms. If you do not agree to all Terms, do not use the Healing Budz Platform in any way.
    3. We hold the right to revise and update these Terms, and we may revise and update these Terms at any time. If we make a material change to these Terms, we will inform you of such change by one of several ways, including (a) e-mail notification at the e-mail provided by you to us, or (b) push notification on our Healing Budz mobile application, which would require you acknowledge receipt of notice of the material change. After any such material change to these Terms, your continued usage of the Healing Budz Platform means you agree to any such changes and shall be governed by such change.
  2. No Medical Advice Provided
    1. We or any information connected to us or the Healing Budz Platform is for informational purposes only. We do not provide, nor are a substitute, for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician with all questions you may have regarding a medical condition. Call your doctor or 911 immediately if you believe you may have a medical emergency. Reliance on anything connected to us or the Healing Budz Platform is solely at your own risk as we do not recommend or endorse any information that may be mentioned on the Healing Budz Platform.
  3. Privacy
    1. To provide you with the Healing Budz Platform, we collect and use personal information. We detail our collection and use of your personal information and data in our Privacy Policy, which you must agree to in order to use our Healing Budz Platform.
  4. Your Permission to Use the Healing Budz Platform
    1. We strive to make the Healing Budz Platform broadly available. At this time, the Healing Budz Platform is intended solely for individuals who are at least twenty-one years old, who can willingly and knowingly enter into legally binding contracts under applicable law, who are not prohibited from receiving our products, services, or software under applicable law, and who we have not previously disabled your account for violation of our Terms. The Healing Budz Platform is not for persons under twenty-one years old, nor do we collect personally identifiable information from any person we actually know is under the age of twenty-one years old, which includes children thirteen and under.  You agree you shall not misrepresent your age. 
    2. If you are using the Healing Budz Platform on behalf of a business entity, you represent you have full authority to bind the business entity to the Terms and the Privacy Policy. Furthermore, you agree the applicable business entity for which you are acting on behalf of shall hold harmless and indemnify us, and our affiliates, shareholders, officers, employees, agents, and assigns from any and all claims, suits, actions, arising from or related to the use of the Healing Budz Platform or violation of our Terms, which shall include but not be limited to any liability arising from losses, damages, suits, judgments litigation cost, and attorney’s fees. To the extent you do not have such authority, you agree and warrant you will be held individually liable for all activity, action, or use taken in connection with or through your Healing Budz user account.
  5. Limitation of Liability; Disclaimer of Warranties
    1. You expressly understand, acknowledge, and agree that:
    2. Your use of the Healing Budz Platform and any information or content therein is at your own risk.
    3. We assume no liability for or relating to the delay, interruption, corruption or failure of data or information transmitted in connection with the Healing Budz Platform.
    4. The Healing Budz Platform and its information and content are provided on an "as is" basis.
    5. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
    6. Without limiting the foregoing, we make no representations or warranties about the following:
      1. The legality, the accuracy, the reliability, or the completeness, of anything, including but not limited to the data, information, content, software, technology, graphics, or communications provided on or through the Healing Budz Platform.
      2. The satisfaction of any regulation requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the information and content contained on the Healing Budz Platform.
    7. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE, OR OUR AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE HEALING BUDZ PLATFORM OR THE INFORMATION, MATERIAL, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WE DO NOT GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO OUR HEALING BUDZ PLATFORM AND OPERATION OF THE HEALING BUDZ PLATFORM. SERVICES MAY BE INTERFERED WITH OR DELAYED. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, IN CONNECTION WITH THE USE OR LACK THEREOF TO USE THE HEALING BUDZ PLATFORM, THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANYTHING PURCHASED OR OBTAINED, OR COMMUNICATION, OR TRANSACTIONS BY OR THROUGH US OR THE HEALING BUDZ PLATFORM, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HEALING BUDZ PLATFORM, OR ANY OTHER MATTER RELATING TO THE HEALING BUDZ PLATFORM. ANY PROGRAM DOWNLOADED OR OBTAINED THROUGH US IS AT YOUR OWN RISK ALONE. YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY PRODUCT, APPLICATION, FEATURE, OR OTHER PROGRAM. WE CANNOT AND DO NOT CONTROL ANY LISTING REVIEWS, QUESTION OR ANSWER, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS, OR OTHER CONTENT OR MATERIAL POSTED VIA THE HEALING BUDZ PLATFORM. THUS, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS’ CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT OR SERVICE AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING SPECIFIC PRODUCTS OR SERVICES DISCUSSED ON THE HEALING BUDZ PLATFORM.
    8. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $1,000.00 USD.
    9. WE, AND OUR AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, OR AGENTS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE HEALING BUDZ PLATFORM OR ANY CONNECTED INFORMATION, MATERIAL, OR CONTENT.  ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE HEALING BUDZ PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
    10. WE MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE HEALING BUDZ PLATFORM WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE HEALING BUDZ PLATFORM, AND ALL AFFILIATED FEATURES, SERVICES, COMMUNICATIONS, CONTENT AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE HEALING BUDZ PLATFORM WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OF SERVICES, PRODUCTS, OR INFORMATION, OBTAINED THROUGH THE HEALING BUDZ PLATOFRM WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED, AND/OR PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE, OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
  6. Using and Communicating.
    1. Our Privacy Policy governs personal and non-personal information submitted to us. To the extent there is an inconsistency between the Terms and the Privacy Policy, these Terms govern.
    2. The Healing Budz Platform contains functionality, such as social walls, question and answer forums (Q&As), postings, messages, comments, user reviews, etc., that allows you and our users to upload content, including but not limited to submission of text, data, photos, graphics, audio, video, documents, charts, records, images, files, messages, comments, media (“Content”) to the Healing Budz Platform (the "Budz Community"). You acknowledge and agree that you will not upload or transmit Content of any type to us or the Healing Budz Platform that infringe or violate any rights of anyone. If you submit Content, you acknowledge and agree it is non-confidential for all purposes. 
    3. By making any submission of Content to us or through the Healing Budz Platform, you automatically warrant that the owner of such Content or intellectual property expressly grants us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, adapt, edit, excerpt, digitize, stream store, commercialize, remove, market, host, cache, store, achieve, create algorithms based on, and display the Content, in whole or in part, in any media or medium, or any form, format, or forum now known or hereafter developed. You agree and warrant we may sublicense its rights through multiple tiers of sublicenses.  You acknowledge and agree that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of such Content, and interpretations or translations of any such Content prepared by us shall be owned exclusively by us.
    4. You irrevocably waive, and cause to be waived, against us any claims and assertions of moral rights or attribution with respect to your Content.
    5. You fully assign us the right to pursue enforcement of copyright, trademark, and other intellectual property related claims against third parties. You agree to execute any documents in a reasonably timed manner, which are reasonably necessary for us to enforce the Terms.
    6. By submitting Content to us or through the Healing Budz Platform, you warrant that you have permission from all persons appearing therein for you to make the submission and grant rights described herein. If you are unsure, do not submit any Content. You agree to only submit Content to us or on the Healing Budz Platform that you have created yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. You agree that you shall not submit any Content that contains personally identifiable information. By submitting Content, you acknowledge that you may expose yourself to liability for any violation as provided herein. You agree to indemnify us and our affiliates, shareholders, directors, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Content and/or your failure to comply with the Terms.
    7. If you intend to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to us or the Healing Budz Platform.
    8. We do not guarantee the accuracy, integrity, quality, or authenticity of any Content.
    9. It is strictly prohibited to upload any kind of Content that contains objectionable content including, but not limited to, hate, abuse, offensive conduct, obscenity, pornography, illicit drugs or related paraphernalia, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy, or may otherwise be deemed morally repulsive, in our sole discretion. If such Content like this is reported to us, or if we learn of such Content, we will take appropriate action within twenty-four hours of notice to us including, but not limited to, removing the Content, if necessary, blocking access to the Content, disabling an account, and/or contacting law enforcement.
    10. You warrant you shall not upload any Content that contains computer viruses, worms, defects, or other items of a destructive nature.
    11. If you use the Healing Budz Platform (e.g., if you post Content to the Budz Community), you are solely responsible for your own use, communications and Content, the consequences of posting those communications or Content, and your reliance on any communications or Content found in the Healing Budz Platform. We are not responsible for the consequences of anything in the Healing Budz Platform (e.g., the Budz Community).
    12. When using the Healing Budz Platform, such as the Budz Community: you shall not use the Healing Budz Platform for any purpose in violation of any law (e.g., local, state, national, or international); you shall not post Content that infringes on the intellectual property rights, or privacy or publicity rights of another; you shall not post Content that is unlawful, paraphernalia that may be related to unlawful activities or items such as illicit drugs, obscene, defamatory, threatening, harassing, abusive, slanderous, untrue, misleading, or hateful, to any other person or entity as determined by us in our sole discretion; you shall not post unauthorized advertisements, solicit of business, or spam (e.g., post repetitively of the same or substantially same matter); you shall immediately cease any conduct we notify you about, for any reason in our discretion; you shall not impersonate another person or business; and you shall not engage in any other conduct that inhibits any other person from using or enjoying the Healing Budz Platform.
    13. We reserve the right, but not the obligation, to: record and monitor any Content, record and monitor the Healing Budz Platform; investigate an allegation that you do not conform or have violated the Terms; remove, edit, or delete, anything regardless of whether there is a violation of these Terms, in our sole discretion; to terminate your access to the Healing Budz Platform upon a single breach of our Terms, in our sole discretion; and use, edit, or disclose any communication in the Healing Budz Platform.
    14. By accessing or using the Healing Budz Platform, you willingly and knowingly consent to receiving certain communications from us electronically, and any such communication we provide to you satisfies any legal requirement that such communication be in writing. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, application push notification, or by posting notices and messages on our Healing Budz Platform. We may also communicate with you by mail.
    15. We hold the right, but not obligation, to review everything prior to submission to the Healing Budz Platform and to remove anything for any reason, at any time, without prior notice, at our sole discretion. We have no liability or responsibility to you or any user of our Healing Budz Platform or any other person or entity for performance or nonperformance of the aforementioned activities.
  7. User Accounts, Business User Accounts, and Passwords
    1. In order to access or use some of the Healing Budz Platform, you will be required to create an individual account ("your account”). By creating your account, you agree that you shall not create an account that impersonates another person or that violates the intellectual property or other right of any person or entity. You shall provide true, accurate, and complete content when registering information about yourself in connection with the creation of your account.  Providing any information that is untrue, inaccurate, outdated, or incomplete, or failing to update your information in a timely manner, is a violation of these Terms and may result in termination of your account.
    2. We may provide certain user accounts, which are businesses (“business user accounts”), the ability to advertise on the Healing Budz Platform. If you are a business user account, then you represent that you are currently compliant with all applicable law and will comply with applicable law in your use of the Healing Budz Platform. We do not in any way independently verify the credentials or representations of any of the business user accounts, the authenticity or quality of any of their products or services, or any business user’s compliance with applicable law.
    3. You must make yourself comfortable through the information provided by the business user accounts, by contacting the business user account directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the business user account, its products or services, and the business user accounts’ compliance with applicable law. We do not in any way guarantee the quality of any business user account or any product or service made available by any business user account, or any business user account’s compliance thereof with applicable law. In addition, a business user account may represent certain standards or attributes with respect to its products or services. We do not investigate or verify any such statements by anyone!
    4. We may provide your account a point-reward system based on certain activity conducted by your account throughout the Healing Budz Platform. For example, we may award you points based on votes your account receives for your Content within the Budz Community. Other means that may lead to awarded points may include you sharing our Healing Budz Platform to new users or your account’s engagement with and through the Healing Budz Platform.  The points awarded to your account may be redeemed within the Healing Budz Platform, at our displayed Healing Budz Store, where you can receive a complimentary or discounted item, such as a t-shirt or hat.
    5. The Healing Budz Platform may display, include, or make available coupons, promotional codes, giveaways, or other inquiries (“Offers”) from third parties, such as business user accounts or us. Offers, such as advertising, constitute “Third-Party Materials” under these Terms. We may display these Offers on the Healing Budz Platform as a form of advertisement for us, the listing business user account, or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included by us on the Healing Budz Platform. Thus, where on the Healing Budz Platform that it does not expressly state that the offer is made by us, the Offeror and not us, is solely responsible for: (i) redemption of the Offer; (ii) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
    6. We may provide you with the ability to login to the Healing Budz Platform with your login credentials from e-mail or certain networks or social networking websites (e.g., Facebook, LinkedIn, Google+). If you log in or otherwise associate your account with your login credentials from another network, we may use any information about you that is from or otherwise posted on your other network account, in accordance with the terms and conditions and related legal and user policies of the relevant network website.
    7. We may reject the use of any password, user account, business user account, or email address for any reason in our sole discretion.
    8. You are solely responsible for taking all reasonable steps: to ensure that no unauthorized person shall have access to your password or your user account or business user account; to control the access and use of your user account and business user account; and to notify us if you believe your user account, business user account, or password has been compromised. You grant us and all other persons or entities involved with us the right to transmit, monitor, retrieve, store, and use your information in connection with our operations of our business.
    9. You will not sell, transfer, assign, or provide a copy of, your account, business user account, account rights, user information, password, or other credentials or access rights for any of the Healing Budz Platform to any other person or entity.
    10. We may provide you with the ability to transmit orders for certain merchandise in our Healing Budz Store (clothing, hats, etc.). We are not a merchant of cannabis-related products.
    11. In the event of any termination of these Terms, or suspension or deletion of your account or your business user account, whether by you or us, these Terms will continue in full force and effect, including our right to use Your Content as detailed herein.
  8. Indemnity and Release
    1. You agree to indemnify and hold us (and our shareholders, directors, officers, partners, employees, independent contractors, and agents, and successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of the Healing Budz Platform, (ii) your Content, (iii) your violation of these Terms or the Privacy Policy, or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent from us. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
    2. If there is a dispute between users (whether user account and/or business user account) of the Healing Budz Platform (a “Dispute”), you understand and agree that we are under no obligation to become involved in such Dispute.
    3. You hereby release and forever discharge us 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, us or the Healing Budz Platform. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know 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.”
  9. Copyright Infringement; DMCA
    1. We hold the right, in our discretion, to disable your account if charged with infringing the copyright of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, we will respond appropriately to claims and reports of copyright infringement taking place on or through the Healing Budz Platform.
    2. If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Healing Budz Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to us in accordance with the DMCA and these Terms.
    3. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, we will take whatever action it deems appropriate in our sole discretion, but subject to our obligations under the DMCA, including removal of the challenged material from the Healing Budz Platform.
      1. DMCA Notice of Alleged Infringement (“Notice”)
        1. Identify the copyrighted work that you claim has been infringed. If you believe multiple copyrighted works are covered, provide a list of the copyrighted works that you claim have been infringed.
        2. Identify the material that you claim is infringing (i.e., the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including, if applicable, a screen shot or location of the material on the Healing Budz Platform.
        3. Provide your mailing address, telephone number, and, if available, email address.
        4. Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
        5. Provide your full legal name and your electronic or physical signature.
        6. Deliver this Notice, with all above items completed, to Healing Budz, Inc.   
          Healing Budz, Inc.
          Attn: Support Budz
          6826 NW 169th Street
          Hialeah, Florida 33015
          support@healingbudz.com
      2. Any misrepresentation of material fact in a Notice subjects the complaining party to liability for damages, costs, and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
  10. Your License
    1. Subject to your complete and accurate compliance with these Terms and the Privacy Policy, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, license to use of the Healing Budz Platform. This license is personal to only you and does not include any collection, reproducing, copying or use of any product, service, or our client listings, descriptions, prices, or any other Healing Budz Platform content, any derivative use of the Healing Budz Platform, or any use of data mining, robots, or similar data gathering and extraction tools.
    2. We reserve all rights not expressly granted to you in these Terms. Your license granted by us shall immediately terminate should you fail to comply with these Terms or the Privacy Policy, regardless if you have received notice from us of such violation.
    3. You may use our mobile application on your mobile device for your personal use, except where otherwise expressly permitted, yet limited, for commercial use through the business user account. Your availability of our mobile application is dependent on the third-party application platform from which you received the mobile application. You agree to comply with any terms from the third-party application platform, and your license to use our mobile application is conditioned upon, your compliance with all applicable agreements, terms and conditions of use/service, and other policies of the applicable application platform.
  11. General
    1. We are based in Miami, Florida, in the United States of America with principal offices in Miami, Florida. The laws of the state of Florida, excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms.
    2. You acknowledge that if any dispute arising out of or relating to us, the Terms, the Privacy Policy, or the Healing Budz Platform, the breach of any term hereof, or any effort by any part to enforce, interpret and/or construe, rescind, terminate, or annul the Terms or Privacy Policy, or any provision thereof, including, without limitation, the applicability of this arbitration provision, cannot be first settled through direct discussions, the parties agree to exclusively resolve the controversy through binding arbitration. Such arbitration shall be conducted in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules for arbitration, although the arbitration shall not be administered by the AAA; rather, said arbitration shall be conducted in Miami-Dade County, Florida, before a single arbitrator who shall administer the Arbitration in all respects. Any party hereto may initiate the arbitration process by sending a written demand for arbitration, which shall generally state that party’s claims and grounds thereof. The parties shall attempt to agree on an arbitrator and the non-initiating party(ies) shall provide the names of at least four potential arbitrators to the party that initiated the arbitration proceedings within twenty (20) days of receipt of the demand for arbitration; if the initiating party does not select one of the four arbitrators proposed within twenty (20) days, the initiating party may elect for both parties to select attorneys within ten (10) days of receipt of the demand for arbitration, at the initiating party’s expense, and those two attorneys shall select the arbitrator within 10 days. If a party fails to respond to a written demand for arbitration, or to submit names of acceptable arbitrators within twenty (20) days of receipt of demand for arbitration, or fails to hire an attorney to select the arbitrator within forty (40) days of receipt of demand for arbitration, then the AAA shall appoint a neutral arbitrator and the party that initiated arbitration may proceed and the non-responsive party(ies) agree to be bound by said arbitrator’s decision. No depositions shall occur in the arbitration without the consent of either the other party or the arbitrator. To the fullest extent permitted, all aspects of the mediation and arbitration, including but not limited to any settlement and/or decision, shall be deemed confidential.
    3. To the extent you attempt to initiate a proceeding before a court, to which you agree herein that it shall be brought exclusively in the federal or state courts of Miami-Dade County, Florida, you and we consent to personal jurisdiction in those courts. FURTHERMORE, YOU AGREE TO WAIVE ANY JURY TRIAL.
    4. These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between us and you regarding the Healing Budz Platform, and these Terms supersede and replace any and all prior Terms and Conditions of Use for the Healing Budz Platform. If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
    5. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
    6. 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. If for any reason an arbitrator as set forth herein or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
    7. We make no claims that the Healing Budz Platform, or any site or content within the Healing Budz Platform are appropriate or may be downloaded outside of the United States. Access to the Healing Budz Platform may not be legal by certain persons or in certain countries. If you access the Healing Budz Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. We do not represent that the materials in the Healing Budz Platform are appropriate or available for use in any particular location. If you choose to access the Healing Budz Platform, you are responsible for compliance with all applicable laws.
    8. You agree that your account is non-transferable and any rights to your account terminate upon your death.
    9. For questions about the Healing Budz Platform, you may send an e-mail to this address: support@healingbudz.com.