Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. WHEN YOU USE OUR WEBSITE, APPLICATIONS, OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions, together with all Terms and Definitions herein, govern your use of and access to any page, site, or content available on BuddyJane.com, or on the Buddy Jane Application (the “Application”), which is owned by Buddy Jane, Inc. (“Buddy Jane” or the “Company”). These Terms of Service are hereby effective on August 31, 2019.

1. Acknowledgement of Age and Location

By using Buddy Jane’s Services, You acknowledge and affirm (1) you accessing the services from a jurisdiction where cannabis is legal; and (2) You are at least 21 years of age, or above the age of 18 and a valid medical marijuana user within your jurisdiction. You represent that You understand and agree to comply with the terms, conditions, and representations set forth in these Terms and Conditions.

2. Definitions

“Access Device” shall mean any electronic device you use to access Buddy Jane’s Services, including, but not limited to, any computer, mobile device, tablet, virtual or cloud-based system, or any other electronic device.

“Buddy Jane” shall mean Buddy Jane, Inc., including any successors, administrators, agents, employees, and assigns.

“Services” shall mean any website, application, server use, computer program, third party service, software, widget, tool, or any other service provided by Buddy Jane for your use.

“You” shall mean you, the individual user of this site, and holder of any account, is applicable, including your agents, assigns, or any person acting on your behalf, including guardians, heirs, or statutory beneficiaries.

3. Services

Buddy Jane offers a range of services on various access devices, including access to content, applications, and other products and services, including those generated by third parties and user-generated content, (including potential and actual content, forums, and other user created content, regardless of form), whether available on the world wide web, via an application, or on another server or platform operated by Buddy Jane or any other server or site to which Services are licensed or directly provided by Buddy Jane.

4. Account Information

To utilize our Services, you may be required to create an Account (including, but not limited to, associated user names, user identification, or any other unique identifier) utilized while engaging our Services. Account requirements may differ depending on if you are accessing our services as an individual or a business. Buddy Jane has the sole right to set requirements for obtaining an Account, or to alter, cancel, suspend, or terminate any Account. You do not own the Account, or any associated content, but are granted a revocable limited license to use the Account, consistent with these Terms and Conditions. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or any other Access Device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Buddy Jane immediately of any unauthorized use of your User Account, including unauthorized use of any User ID or associated unique identifiers.

As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your User Account with or without your express authorization, including family and friends. This responsibility includes payments made through any third-party service utilized to facilitate purchases. Any use of third-party services to facilitate transaction, including purchases of the Services, shall be governed, in addition to these Terms and Conditions, by the terms of service of the third-party service through which the transaction was facilitated.

The use of the User Account you created by any other person is strictly prohibited, whether on a temporary or permanent basis.

5. Purchases and Refunds

You acknowledge and accept that all purchases of the Services, are FINAL. You acknowledge and agree that any applicable fees and other charges, including those paid for licenses to the Services or any Service or Product, including Product purchased from third-parties, are not refundable, in whole or in part. You acknowledge you will not be refunded, receive money, or otherwise be compensated for any unused Services, when an account is closed, whether such closure is voluntary or involuntary.

6. Third Party Services

For certain transactions or aspects of your use of the Services, Buddy Jane may transmit your information to certain third-party services or vendors, or require You to utilize such third-party services to facilitate certain aspects of the Services or purchases of the Services or Goods. Buddy Jane makes no warranties or representations as to any such third-party services, and Buddy Jane will in no way be responsible or in any way liable for Your use of such third-party services. Such use of third-party services shall be governed by the terms of service of the particular service, which may or may not differ from these Terms and Conditions.

7. Content and User Generated Content

"Content" includes all data, forum postings, photographs in any form, video, chat or other message, animation or graphics, files, suggestions, poll results, concepts, User Generated Content, or any other data, content, or material appearing in, contained in, or generated by use of the Services, whether on the world wide web, any Application, or on another server or platform operated by Buddy Jane or any other server or site to which Services are licensed by Buddy Jane. All Content is owned by Buddy Jane.

Content includes User Generated Content. User Generated Content is key to use of Buddy Jane’s Services. User Generated Content includes all forms of Content, which are generated by You or any other user of Buddy Jane’s Services. User Generated Content includes User Account information (and all other unique identifiers); user names; forum posts; chat posts; customer service chats; communications; images; sounds; videos; suggestions for Services; or other information concerning the Services, whether generated at Buddy Jane’s specific request, as part of your use of the Services, or via any other method while utilizing Buddy Jane’s Services. User Generated Content includes materials or information that is contributed by You or by any other person using the Services. By created User Generated Content, you grant to Buddy Jane, and its licensors, licensees, any other person so designated by Buddy Jane a perpetual, irrevocable, worldwide irrevocable and transferable license, without right to payment or royalty. In addition, you grant a limited license to all users of Buddy Jane’s Services to utilize said User Generated Content while utilizing the Services, including all necessary reproduction, distribution, display, performance, or other license rights necessary to utilize the Services.

By generating User Generated Content, you agree that the content is not otherwise protected as copyright, trademark, or other intellectual property rights, unless you own said rights or have a transferrable license to said rights.

Consistent with 47 U.S.C. § 230, Buddy Jane reserves the sole and final right to review, remove, block, edit, move or disable User Generated Content for any reason, with or without notice, and without liability to You. You agree to report any User Generated Content you believe to be in violation of these Terms and Conditions. If Buddy Jane determines User Generated Content violates these Terms and Conditions, Buddy Jane may take action, at its sole discretion, to suspend, terminate, or otherwise restrict a user of Services or the associated User Account. Buddy Jane assumes no responsibility or liability for any User Generated Content, either as a result of generation of said content or Buddy Jane’s decision to remove or not remove or to take or not take any action with respect to User Generated Content.

8. Code of Conduct

Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate, or intimidate other users of our Services or any employee, agent, or affiliate of Buddy Jane. You may not use our Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Buddy Jane reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, You remain solely responsible for your use of any information contained on the site. Distribution of any user’s personal information, commonly known as doxing, is prohibited. International users agree to comply with all local laws regarding online conduct and acceptable content. Buddy Jane’s Content and Services shall be free of discrimination on the basis of race, ethnicity, religion, nationality, and sexual identity, and conduct not consistent with the same, including language that is obscene, threatening, bullying, sexually threatening, or that invades the personal privacy of any user is a violation of the Code of Conduct. Buddy Jane reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, You remain solely responsible for your use of any information contained on the site.

Should you be found to have engaged in illegal or abusive usage of our Services, or any violation of these Terms and Conditions, Buddy Jane may suspend, terminate, or take other action regarding your User Account. Buddy Jane is the sole and final arbiter of whether conduct violates these Terms and Conditions. Buddy Jane assumes no responsibility or liability for any user conduct or Buddy Jane’s decision to take action or not to take action with respect to user conduct.

9. Intellectual Property

All content included on any site, application, server, or other Service of Buddy Jane, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Buddy Jane, protected by United States and international copyright laws and, where applicable, United States and international trademark law. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site; any applications provided by Buddy Jane to access the Services; and any User Generated Content are protected by United States and international copyright laws. Buddy Jane owns and retains all proprietary rights to its domains and any websites hosted thereon, as well as its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of the website, or of Buddy Jane. By posting information to any website, application, forum, or other property of Buddy Jane, you represent to Buddy Jane you have the right to grant permission for use of the same by Buddy Jane.

10. Disclaimer of Warranties and Limitation of Liability

ANY SITE OR APPLICATION, AND ALL SERVICES, INCLUDING ANY AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION OWNED BY BUDDY JANE ARE PROVIDED BY BUDDY JANE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUDDY JANE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SITE, APPLICATION, OR SERVICES, OR OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION OWNED BY BUDDY JANE OR THROUGH OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY SITE, APPLICATION, OR SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUDDY JANE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUDDY JANE DOES NOT WARRANT THAT ANY SITE; APPLICATION; INFORMATION; CONTENT; USER GENERATED CONTENT; MATERIALS; PRODUCTS (INCLUDING SOFTWARE); OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION PROVIDED BY BUDDY JANE, INCLUDING ANY SERVERS; OR E-MAIL SENT FROM BUDDY JANE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUDDY JANE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SITE, APPLICATION, OR OTHER SERVICE PROVIDED BY BUDDY JANE, NOR FROM ANY INFORMATION; CONTENT; USER GENERATED CONTENT; MATERIALS, PRODUCTS (INCLUDING SOFTWARE); OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE OR APPLICATION PROVIDED BY BUDDY JANE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

11. Disclaimer of Advice

THE CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE IS FOR ENTERTAINMENT PURPOSES ONLY. NO CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE SHOULD BE CONSTRUED AS CONVEYING MEDICAL ADVICE, AND SUCH CONTENT IS IN NO WAY INTENDED TO BE A SUBSTITUTE FOR ADVICE OF A MEDICAL PROFESSIONAL AS TO THE DIAGNOSIS, CURE, OR TREATMENT OF ANY MEDICAL CONDITION. NOR SHOULD ANY CONTENT ON ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE BE RELIED UPON AS TO POSSIBLE USES OF ANY PRODUCT FEATURED WITHIN ANY SUCH CONTENT. ALWAYS CONTACT A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS, OR ARE SEEKING ADVICE, ON ANY MEDICAL CONDITION. NO ACTION SHOULD BE TAKEN WITH REGARD TO ANY MEDICAL CONDITION BASED ON ANY CONTENT READ OR REFERENCES ON ANY SITE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE.

12. Acknowledgement of Laws Related to Cannabis

YOU SPECIFICALLY ACKNOWLEDGE YOU ARE FAMILIAR WITH THE LAWS RELATED TO CANNABIS IN YOUR JURISDICTION. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE CANNABIS IS CURRENTLY ILLEGAL UNDER FEDERAL LAW AS A SCHEDULE 1 SUBSTANCE, WHICH IS SUBJECT TO PANALTIES, INCLUDING ARREST, PROSECUTION, AND OTHER PENALTIES. IN ADDITION, THE INTERSTATEBY UTILIZING ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BUDDY JANE FOR ANY ADVERSE CONSEQUENCES TO YOU DERIVED FROM ANY USE OF ANY WEBSTIE OR APPLICATION OWNED OR OPERATED BY BUDDY JANE.

13. Applicable Law, Jurisdiction, and Venue

These Terms and Conditions, and any cause of action arising therefrom, shall be governed by the Laws of the State of Washington, without regard to principles of conflict of Laws. Any lawsuit arising from or related to these Terms and Conditions or your use of our Services shall be brought exclusively before the State or Federal Courts located in King County, Washington, and you hereby consent to the jurisdiction of any such court.

14. Applicability

You agree that these Terms and Conditions supersede and cancel all previous contracts or agreements, whether oral, written, or in some other form, whether express or implied, or whether through any prior course of dealing. You agree that Buddy Jane, from time to time, may amend these Terms and Conditions. You further agree it is your responsibility to read and comprehend these Terms and Conditions, and you agree to be bound by them.