State Cannabis Network
TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF AGREEMENT
We ask that you carefully read this Website User Agreement (“Agreement”) before accessing or using any content or services provided on StateCannabis.org and all affiliated web pages, platforms, and services (collectively known as the “Website” or “Platforms and Services”). By using this Website, you confirm your understanding and acceptance of the conditions stipulated in this Agreement.
If you disagree with any part of this Agreement, you must stop using the Website. Any use that goes against the guidelines outlined in this Agreement will be seen as unauthorized. If you choose not to accept these terms, you are not authorized to use the Website and, so we kindly ask that you refrain from using the Website.
The term “StateCannabis.org” refers to the State Cannabis Network, its affiliates, and related entities. The term “you” refers to the user, viewer, or person accessing the Website for any personal, commercial, or business purpose.
This agreement includes provisions for arbitration and the waiver of your rights to a court hearing, jury trial, and participation in a class action. Arbitration is mandatory and serves as the sole remedy for all disputes, unless specified otherwise in Section 14. It is important to thoroughly review the dispute resolution provisions in Section 14 below. This arbitration agreement means that (1) any claims you might have against us must be resolved through binding and final arbitration, (2) you can only file claims against StateCannabis.org as an individual or an individual business, and not as part of or as a representative in any class action or collective proceeding, and (3) any relief sought must be on an individual/single business basis.
ABOUT STATECANNABIS.ORG
StateCannabis.org is not in the business of running a cannabis collective, cooperative, or dispensary, and itself does not offer any healthcare-related cannabis services. StateCannabis.org provides tech-based solutions, marketing services, and administrative support to a network of cannabis-related informational portals, third-party vendors, and partners. The task of ensuring compliance with all relevant state laws and regulations falls squarely on the shoulders of third-party partners, including doctors, collectives, cooperatives, dispensaries, delivery services, payment processors, and insurance providers.
While we make every effort to ensure that our associated third-party providers are in compliance with the laws by checking the validity of their state licenses, it’s important to note that we can’t provide any guarantees regarding their legality, suitability, or any other factors. Therefore, we emphasize that StateCannabis.org serves strictly as an intermediary, linking users with these third-party providers. As such, we cannot and do not take any responsibility or liability for the services you may receive from these third parties. Please keep this in mind while using our platform.
REPRESENTATIONS AND WARRANTIES
As you use StateCannabis.org’s online services (“Services”), you agree to the following:
3.1 Legal Authority. You assure StateCannabis.org and its affiliates that you have the legal authority to agree to our Terms of Use (“Terms”) and Agreement and to carry out your obligations therein. If you represent a legal entity, it must be properly formed, valid, and in good standing as per its jurisdiction’s laws.
3.2 Commitment to Our Terms
3.2.1 Our Terms form a valid contract between StateCannabis.org and you.
3.2.2 Fulfilling your obligations under these Terms must not conflict with any other contracts you are part of.
3.3 Accuracy of Information. You confirm that all information provided to StateCannabis.org, including any submitted in your application to use our Services, is accurate and complete. Should any information become misleading or incorrect, you agree to promptly correct it.
3.4 Compliance with Laws. You are not violating, and promise not to violate, any applicable federal, state, and local laws through your business activities. This includes any obligations to pay your employees. You also agree not to take any actions that could cause StateCannabis.org and its affiliates to violate our legal obligations.
3.5 User Grievances & Disputes. You commit to responding promptly and professionally to complaints from customers, patients, or caregivers (“Users”). In any disagreements (“User Disputes”), you will act according to our Terms.
3.6 Licensing. You will maintain all necessary licenses, authorizations, permits, and registrations for activities like purchasing, transporting, distributing, dispensing, and delivering cannabis or cannabis-related products (“Licenses”). These must be kept up-to-date in all jurisdictions where you operate. A copy of the license must be made available to StateCannabis.org upon request. A loss of a license by a partnering organization will result in the suspension of a business relationship between StateCannabis.org and the partner.
3.7 Promotions. You further affirm and guarantee that any exclusive offers, special deals, contests, competitions, raffles, sweepstakes, discounts, coupons, or other promotions that customers can use at your business (collectively – “Promotions”) along with any Intellectual Property, or any other information or materials provided by you to StateCannabis.org and/or our affiliates in connection with our services, are your “Business Materials”, which comply with the following stipulations:
3.7.1 Authenticity: Business Materials must be accurate, correct, and comprehensive.
3.7.2 Law Compliance: Business Content must conform to all Applicable Laws, inclusive of all laws regarding privacy and data protection, regulations, and laws pertaining to Promotions.
3.7.3 Content Guidelines: Business Content must not include any material contravening our guidelines, or that is unlawful, slanderous, or obscene, nor violate or infringe any third-party rights, including Intellectual Property rights or privacy rights, or provoke criminal behavior or lead to civil liability.
3.7.4 You further recognize that you bear exclusive responsibility for creating and developing all Business Content. We hold the right to refuse, remove, or alter any Business Content as we see fit without providing prior notice, to align with our technical specifications. Any Promotions intended to be featured on StateCannabis.org and its associated websites must undergo examination and receive approval from our moderation team or relevant technology.
3.7.5 You must uphold your Promotions exactly as they are presented on StateCannabis.org and its affiliate websites. If we determine that you are engaging in misleading advertising, bait and switch tactics, or any other dishonest practices, we reserve the right to suspend or completely remove your ability to offer Promotions or even your presence on our website.
RESERVATION OF RIGHTS
All rights not expressly granted within this Agreement remain reserved by the owner of StateCannabis.org. This includes, but is not limited to, the right to modify or discontinue any Services, Content, or feature of the Website at any time without notice or liability.
The owner of StateCannabis.org reserves the right to modify this Agreement at any time.
ACKNOWLEDGEMENT OF LAWS
5.1 Federal Law
StateCannabis.org functions in accordance with relevant U.S. state laws. You hereby acknowledge and accept the understanding that cannabis is classified under Schedule I of the United States Controlled Substances Act. U.S. federal laws state that producing, distributing, dispensing, or possessing marijuana is against the law, and anyone caught doing so could face arrest and/or legal prosecution. You should also be aware that using marijuana for medical purposes is not considered a valid defense under federal laws. Additionally, you acknowledge and understand that transporting marijuana across state lines is a federal crime.
5.2 Recognition of State Laws
You hereby acknowledge, understand, accept, and agree that the usage, possession, growing, production, transportation, and distribution of cannabis might be considered illegal in your home state and in the state where you currently are, unless all involved parties are fully compliant with the state’s existing laws.
5.3 Recognition of Laws in Your Location
While you can access our Platforms and Services from various locations, StateCannabis.org only forms partnerships with Retailers in specific states, cities, counties, municipalities, provinces, and jurisdictions (“Local Service Areas”). In all situations, you are expected to respect and follow the laws of the state, city, county, municipality, province, or jurisdiction where you are located when using the Platforms and Services. You must understand, accept, and agree to take full responsibility for abiding by the laws of your current location while using the Platforms and Services. StateCannabis.org retains the right to establish or modify its Local Service Areas at its sole discretion at any time.
TERMINATION
This Agreement remains effective until terminated by either you or the owner of StateCannabis.org. You may terminate this Agreement at any time by discontinuing any and all use of the Website. We may terminate this Agreement, without notice, if we deem that you have violated any terms of this Agreement. Upon termination of this Agreement, you shall cease all use of the Website, and destroy all copies, full or partial, of any Content that you have downloaded or otherwise obtained from the Platforms and Services.
LIMITED RIGHT USE
Any other utilization, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of any content on this Website or any affiliated or related entity is strictly forbidden. The trademarks, service marks, trade names, logos, and designs associated with the Platforms and Services are owned by StateCannabis.org, its licensors, or the respective owners. You are not granted any rights to use such Trademarks, and nothing contained on this Website or in the Terms of Use implies, waives, or otherwise grants any right to use any Trademarks without the prior written permission of StateCannabis.org or the respective owner.
ELIGIBILITY
Unless otherwise stipulated in this agreement, StateCannabis.org is designated solely for, and is accessible only to, representatives of cannabis-related businesses who are at least eighteen (18) years of age. These individuals should be capable of voluntarily entering their companies into binding contracts under the prevailing laws. It is crucial to note that some of our Platforms and Services necessitate you to be at least twenty-one (21) years of age to partake in them.
While using some of our Platforms or Services, you may be prompted to confirm your age. You hereby pledge not to falsify your age. Should it come to our attention that you are underage, your access to our Platforms and Services will be revoked immediately. You assure that any individual you invite to utilize any of our Platforms or Services is also of the legal age as detailed above, and agree not to invite individuals not of the appropriate legal age. Any breach of this assurance will result in immediate termination of your account.
While using our Platforms and Services for business use, you declare that you possess the requisite authority to bind the company to these Terms, our Privacy Policy, and any other pertinent agreements. The related company consents to defend and indemnify StateCannabis.org and its associates, officers, representatives, and employees from any claim, lawsuit or action emerging from or associated with the utilization of the Platforms or Services or violation of these terms, including any liabilities or expenses resulting from allegations, losses, legal actions, judgments, litigation costs, and attorney’s fees. In the absence of such authority, you will be held personally responsible for all actions carried out under your user ID.
8.1 Business Partnership Form Eligibility. By submitting the Partnership Application Form, you agree to the following terms:
8.1.1 Legal Capacity: You affirm that you hold the legal authority to act on behalf of the business you claim to represent. Evidence of this authority, such as a power of attorney, authorization letter, or corporate resolution, may be requested.
8.1.2 Complete Information: You commit to answering all questions in the Partnership Form truthfully and to provide a complete portrayal of your business and the proposed partnership. Forms that contain incomplete or inaccurate data may be dismissed at our discretion.
8.1.3 Lawful Ventures and Licensing: You certify that the intended business venture abides by the law in the state where you are situated. If your venture necessitates a specific license, you must secure this license before submitting the Partnership Application Form. StateCannabis.org reserves the right to verify the validity of required licenses and may postpone or refuse any partnership agreement until sufficient evidence of licensing is provided.
8.1.4 Changes in Law or Business Practices: Should there be alterations in the laws or business practices in your state following your submission of the Partnership Application Form but prior to approval, you consent to inform us promptly about such changes. If these changes influence the legality or licensing of your proposed venture, we reserve the right to reevaluate our stance on the suggested partnership or request updated data.
Violation of these guidelines may result in immediate dismissal of your Partnership Form and may have legal ramifications. By complying with these rules, you contribute to preserving the integrity of our partnership process and assure a mutually beneficial relationship.
DISCLAIMER OF WARRANTIES
9.1 Our Role. StateCannabis.org is a network of informational portals. We don’t cultivate, package, label, test, purchase, sell, process payments, or offer medical advice on cannabis. We create marketing opportunities using educational content, including materials from third parties.
9.2 Condition of Service. We provide our platforms and services “as is”, “with all faults”, and “as available”. We, at StateCannabis.org, along with our affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants, and agents, do not provide any warranties, explicit or implied. This includes, but is not limited to, warranties of merchantability, suitability for a specific purpose, title, non-infringement, quality of service, or any other possible warranty.
9.3 Access to Service. We can’t guarantee constant, uninterrupted, or secure access to our platforms and services. Their performance may be impacted or delayed by factors beyond our control.
9.4 Information Use. All information obtained from StateCannabis.org, the platforms, services, or associated social media pages, including legal or medical advice, is for informational and educational purposes only. It’s not meant to serve as legal guidance or medical diagnosis or treatment. We advise you to seek legal or healthcare professionals for advice relevant to your specific circumstances.
9.5 StateCannabis.org doesn’t exercise control over any User Content and, consequently, can’t guarantee the accuracy, reliability, quality, safety, legality, morality, or authenticity of such content. It cannot guarantee the truthfulness of content generated by users, the ability of listings to verify product availability or pricing, or the users’ capability to confirm experiences from using or purchasing specific products advertised or sold on the Websites or Services.
HEALTH DISCLAIMER
You expressly acknowledge and agree that any information provided about cannabis products, accessories, or any other items accessible through our Platforms and Services has not been subject to evaluation by the U.S. Food and Drug Administration (FDA). None of the products or their ingredients have been officially approved or endorsed by the FDA or any other relevant regulatory authority. If you are expecting a child, nursing, taking prescribed medication, or managing a medical condition, it’s highly recommended to seek advice from a healthcare professional before using any products found on our Platforms and Services.
ASSIGNMENT AND NON-WAIVER
You are not permitted to transfer your rights under these Terms of Use, and any effort to do so will be deemed void. StateCannabis.org and its affiliates reserve the right to assign their contractual rights and responsibilities under these Terms of Use without the necessity for additional approval or prior notice, in the case of a merger, sale of assets, or other business transaction.
Any failure by StateCannabis.org to insist upon or enforce strict performance of any provision of these Terms of Use does not constitute a waiver of that or any other provision. The company retains the ability to assert its rights and stipulations under these Terms of Use, regardless of whether it has chosen to do so in the past.
SEVERABILITY
Should any clause of these Terms be deemed illegal, null, or unenforceable, it will nevertheless be upheld to the fullest extent allowed by law. The unenforceable portion will be regarded as excised from these Terms, but this will not impact the legitimacy and enforceability of the remaining stipulations.
CONTENT
Content including, but not exclusive to, visual interfaces, graphics, products, software, and interactive features, belongs to StateCannabis.org, its network of interconnected platforms, and its associated third-party partners. This ownership extends worldwide and across all forms of media and includes intellectual and proprietary rights linked to the services, websites, and content.
The Website or Services may feature Third-Party Materials, such as links to external websites and advertisements. These materials are not endorsed by StateCannabis.org or its interconnected platforms and are accessed by users at their own discretion and risk. StateCannabis.org and its linked platforms bear no responsibility for the accuracy or legality of these third-party materials.
Additionally, StateCannabis.org and its linked platforms may present Third-Party Offers. These offers originate directly from the respective third-party partner, the Offeror, and not from StateCannabis.org or its platforms. When users choose to engage with these offers, they are entering into an agreement directly with the Offeror, who assumes sole responsibility for the legality and redemption of the offers.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND FORUM SELECTION CLAUSE.
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES THROUGH ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STATECANNABIS.ORG.
The “Arbitration Agreement” section governs any disputes between you and StateCannabis.org arising from these Terms. It applies to all Claims, even those occurring before you accepted these Terms. If a Claim arises, you must first try to resolve it informally. If it remains unresolved after 60 days, both parties agree to resolve it through binding arbitration conducted by a single arbitrator according to the American Arbitration Association’s rules for commercial arbitration. The FAA applies, and the arbitrator’s award may be entered in any court with jurisdiction. StateCannabis.org can still seek injunctive or equitable relief in court for infringement or violation of its rights. You can still assert claims in small claims court on an individual basis. You waive the right to a jury trial and agree to bring Claims only in your individual capacity, not as part of a class or representative proceeding. The arbitrator can award the same damages and relief as a court, following these Terms.
14.1 Class action/jury trial waiver. All claims must be pursued individually, and not as part of a class action or representative proceeding. Both parties agree to resolve any claims through confidential arbitration, conducted by a single arbitrator in accordance with the American Arbitration Association (AAA) rules. StateCannabis.org and the user waive the right to a jury trial and to participate in class actions or representative proceedings.
14.2 Pre-arbitration dispute resolution. Parties agree to attempt an informal resolution of disputes, and if unsuccessful, a written notice of dispute must be sent before initiating arbitration.
14.3 Confidentiality. All arbitration proceedings and awards shall remain strictly confidential.
14.4 Governing Law and Award. This Arbitration Agreement will be directed by the Federal Arbitration Act. The arbitration process will be overseen by the American Arbitration Association (AAA), in alignment with the current AAA Consumer Arbitration Rules and/or any other AAA arbitration rules deemed applicable by the AAA (known as the “AAA Rules”), unless there are modifications stated herein. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
MISCELLANEOUS
These Terms form the complete agreement between you and StateCannabis.org regarding your access and usage of the Site. You are not permitted to transfer or assign these Terms or any rights and licenses granted under them, without the prior written approval from StateCannabis.org. Any failure to insist on or enforce a provision of these Terms will not be considered a waiver of such provision in any prior, simultaneous or subsequent situation, and StateCannabis.org’s failure to assert any right or provision under these Terms does not constitute a forfeiture of such right or provision. Unless otherwise stated within, these Terms are meant exclusively for the benefit of the parties involved and are not intended to bestow third party beneficiary rights on any other individual or entity. Any ambiguities in the interpretation of these Terms or attendant policies shall not be construed against the drafting party.