Terms of Sale

PLEASE READ THE FOLLOWING TERMS OF SALE 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 OF SALE.

These Terms of Sale, together with all Terms and Definitions herein, govern your use of and access to any page, site, or content available on any website or application owned or operated by Buddy Jane, Inc. (hereinafter “Buddy Jane” or the “Company”, including purchases made through any website or application owned or Operated by Buddy Jane. These Terms of Sale 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 over the age of 18 and a valid medical marijuana patient within your jurisdiction. You represent that You understand and agree to comply with the terms, conditions, and representations set forth in these Terms of Sale.

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.

“Seller” shall mean any person or entity, other than Buddy Jane, listing any items for sale within any website or application owned or operated by Buddy Jane.

“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. Acknowledgement of Third-Party Sales

Items listed for sale within any website or application owned or operated by Buddy Jane are done so only through third parties who have listed items for sale within the website or application (hereinafter “Sellers”). Any purchase of any product by a user of the website or application owned or operated by Buddy Jane hereinafter (“Buyer”). Any actual contract for the sale of any goods is directly between Seller and Customer. Buyer and Seller agree that title in any item sold by Seller and purchased by Buyer is governed by the Washington State Uniform Commercial Code § 2-401(2) (RCW 62A.2-401(2)) unless they agree otherwise.

4. Price and Availability

Buddy Jane shall have the right, prior to acceptance of any particular order, to set or modify any terms of sale, including pricing and discounts, or to make any such modifications for any reason, including, but not limited to, Seller’s request, increased demand, changes in any costs, transaction, tariffs, exchange rates, or for any other reason. Any such order shall be subject to availability noted by any including limited availability of products which may be set by Buddy Jane at its sole discretion. Buddy Jane reserves the right to alter or amend any product description, providing the opportunity to cancel or modify the order, or to accept the order with a revised description. You shall be responsible for shipping costs of any product. Prices are listed in United States Dollars, and you shall be responsible for the effective currency conversion rate in place at the time of your sale, if a transaction occurring outside of the United States. For purchases outside the United States, your banking or credit provider may charge additional fees for such conversion of currency.

You acknowledge that times and dates of deliveries within any order are solely estimates. Buddy Jane shall not be liable for any delay in delivery of any shipment. For delivery of physical product, an item shall be deemed delivered once shipped by Seller, and all title and risk of loss shall pass to you.

5. 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.

6. Purchases of Additional Features or Digital Products

With regard to use of any website or application owned or operated by Buddy Jane, all additional features, digital products, or any other enhancement to said website or application shall remain the property of Buddy Jane at all times and are subject to its sole determination as to operation within any website or application. You acknowledge and agree You have a limited license to any such feature, digital product or other enhancement, which is governed by these Terms of Sale, as well as the Terms and Conditions and End User License Agreement, as they may be amended from time to time. You acknowledge all additional features, digital products, or any other enhancement to said website or application have no cash value and are not redeemable for any sum of money or monetary value from Buddy Jane, including removal of any or all additional features, digital products, or any other enhancement to said website or application from your account due to changes by Buddy Jane to the Services. You expressly acknowledge and agree Buddy Jane may change, modify, update, suspend, delete, remove, or otherwise alter the appearance, function, use, and/or properties of the Service or any additional features, digital products, or any other enhancement to said website or application, and that such changes enhance and improve Your use of the Services. These terms apply in full to transfer of limited license to any other user of the Services, including any gifting or to any other use, transfer, or transaction involving all additional features, digital products, or any other enhancement to said website or application.

7. Payment and Payment Options

Buddy Jane has the sole and exclusive ability to select methods of payments for its all additional features, digital products, or any other enhancement to any website or application owned or operated by Buddy Jane, as well as for any products purchased from any Seller. You shall be responsible for any taxes,including all local, State, and Federal taxes associated with your purchase.

For certain transactions or aspects of 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 purchases. 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 the Terms of Sale, Terms and Conditions or End User License Agreement governing provision of Buddy Jane’s Services.

8. Seller Conditions and Requirements

Seller has no specific right to list any particular item, provide any particular item description, or any other rights related to any listed item, and Buddy Jane reserves the right to reject listing of any particular item for any reason at its sole discretion.

Seller agrees they are responsible for the accuracy of the content related to any product listed on any website or application owned or operated by Buddy Jane. Seller acknowledges any particular listing may not be available and/or searchable immediately within any such website or application. Seller agrees and acknowledges that the decision as to whether to list any Seller item(s), or whether to require additional information or removal of information, or any other decision regarding any particular listing is solely within the complete discretion of Buddy Jane.

Seller represents and acknowledges any such listing of any particular item is legal within the state or jurisdiction in which the item is listed, if all guidelines for any regulatory authority within that state are met, except that Seller acknowledges any particular cannabis product, if located within the United States, is illegal under the federal laws of the United States. Seller further acknowledges that no product is intended for transport outside of the state or jurisdiction in which it is listed for sale and in which it is legal.

9. Buyer Conditions and Requirements

Buyer specifically acknowledges they are over the age of twenty-one, and are located in a jurisdiction in which the item listed, if all guidelines for any regulatory authority within that jurisdiction are met, is legal, except that, if located within the United States, Buyer expressly acknowledges the federal illegality of that product. Buyer acknowledges they have read the entire listing of Seller prior to making any purchase. Buyer acknowledges by completing a purchase of Seller’s item, Buyer and Seller enter into a legally binding contract with Seller. Buyer agrees not to transport any item purchased from Seller to any jurisdiction in which that item would not be legal.

10. Sales and Refunds

You acknowledge and accept that all purchases are FINAL. You acknowledge and agree that any applicable fees and other charges, including those paid for products or paid for licenses to utilize the Services or any additional features, digital products, or any other enhancement to Buddy Jane’s websites or applications are not refundable, in whole or in part. You acknowledge you will not be refunded, receive money, or otherwise be compensated or credited for any additional features, digital products, or any other enhancement to Buddy Jane’s websites or applications of any unused Services, when an account is closed, whether such closure is voluntary or involuntary.

11. Copyright

Copyright: All content included on any site or application owned or operated by Buddy Jane, including any 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 with any site or application owned or operated by Buddy Jane is the property of Buddy Jane or its software suppliers, third party affiliates, or other third-parties, and is protected by United States and international copyright laws. Buddy Jane owns and retains all proprietary rights to its domain(s) and the website(s) 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 any website or application owned or operated by Buddy Jane, or of Buddy Jane.

12. 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, INCLUDING ANY PURCHASE OR LISTING MADE THROUGH THE SAME, 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.

13. 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.

14. 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.

15. Applicable Law, Jurisdiction, and Venue

These Terms of Sale, 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 of Sale 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.

16. Applicability

You agree that these Terms of Sale 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 of Sale. You further agree it is your responsibility to read and comprehend these Terms of Sale, and you agree to be bound by them.