TERMS & CONDITIONS
TERMS & CONDITIONS
- ABOUT US
PotSaver is not a medical marijuana collective or cooperative. It is a service that connects medical cannabis collectives or cooperatives (collectively, â€œDispensariesâ€) and products with their patients and/or primary caregivers. It does not offer delivery services, set pricing, or maintain any inventory of medical cannabis to or for Qualified Patients or their Primary Caregivers. We offer you the convenience of receiving information about the Dispensaries. Through the Site, PotSaver performs pre-verification checks (that are serviced through a third party) on behalf of the Dispensaries of Qualified Patients and/or their Primary Caregivers as defined by the Californiaâ€™s Compassionate Care Use Act of 1996 (together, â€œPatientsâ€), but we do not act in any way as a medical marijuana delivery service and so we have no responsibility or liability for any delivery services provided to You. While we make every effort to provide you with information concerning Dispensaries, we are under no obligation to update the Information or Content to reflect circumstances that may occur after its initial publication date. Also, we neither endorse nor are responsible for the accuracy or reliability of any information, content, quality of goods or services offered by the Dispensaries and cannot make any representations or warranties with respect to whether the Dispensaries are compliant with applicable rules and regulations. All questions regarding Dispensariesâ€™ products and/or services featured on the Site, the App, and/or the Services should be directed to the appropriate Dispensaries.
These Terms of Service (hereinafter, these “Terms”) govern your access to and use of PotSaverâ€™s (a) websites, portals, mobile applications, channels and software that link to or otherwise reference these Terms, including potsaver.net, and (b) social media pages and channels (collectively, the â€œWebsitesâ€), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the â€œServicesâ€). Please ensure that you read these Terms carefully, as it is a legally binding contract between the applicable PotSaver entity that owns the applicable Website or provides the applicable Services that you may be accessing or using, on the one hand, and you and your successors and heirs, and (if applicable) the corporate entity that you represent (in these Terms, you shall be referred to as “you” or “your”), on the other hand. By accessing or using any of the Websites, you are agreeing to be legally bound by these Terms. If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile. For purposes of these Terms, â€œPotSaverâ€, â€œusâ€, â€œweâ€ or â€œourâ€ shall mean, as applicable, Adler Advisors, LLC and its affiliated entities which own the applicable Website or provides the applicable Services that you may be accessing or using.
These Terms are subject to occasional changes from time to time. Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you (if applicable) or our posting of notice of the changes on the Websites. The posting of notice of changes to these Terms on the Websites shall constitute effective notice of the changes described therein. Continued use of any of the Websites or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Certain areas of the Websites and Services (and your access to or use therein) may have different terms, conditions, policies, rules and guidelines, which govern your access to and use of such Websites and Services (as applicable, the â€œAdditional Termsâ€). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. If there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.
- Compliance with All Laws
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Site, the App, and/or the Service.
2.1- Compliance with Federal Law. You warrant that PotSaver is only to be used by residents of the State of California and that Dispensaries and Patients are regulated by the State of California. You also acknowledge that while medical marijuana has been authorized by the people and legislature of the State of California, the federal government continues to regulate drugs through the Controlled Substances Act (â€œCSAâ€) (21 USC Â§811). In Particular, United States federal law considers any use or interstate transportation of marijuana as a criminal offense, which could carry fines and/or subject you to arrest and/or prosecution by federal officials. Accordingly, you acknowledge that neither holding a valid California medical marijuana license nor transporting marijuana in interstate commerce is a defense under United States federal law.
2.2 â€“ Compliance with California Law. Presently, Potsaverâ€™s Site, and/or Services are directed to California residents only. If you are not a California resident with a valid medical marijuana identification card or doctorâ€™s prescription, then you cannot register for the Site, and/or the Services. Accordingly, you hereby warrant that you (1) are a California resident that holds a valid medical marijuana identification card or a doctorâ€™s prescriptions; and (2) comply with Californiaâ€™s Compassionate Care Use Act of 1996 (â€œCUAâ€), codified as Health & Safety Code, Â§ 11362.5 (as well all other County and local state laws related thereto).
2.3 – The Websites and Services are intended solely and only available to individuals who are at least twenty-one (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Without limiting the foregoing, our websites and Services are not available to minors or suspended members or users. Further, your account and user ID for any of the website or Services may not be transferred or sold to another party. If you are registering as a business entity, you further represent that you have the authority to bind the business to these Terms and any other related or pertinent agreements. If you do not have such authority, you will be held individually liable for all actions taken under your user ID. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, and/or the Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the â€œContent.â€ The Content may contain errors, omissions, or typographical errors or may be out of date. PotSaver may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on PotSaver in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by PotSaver or by third parties that have licensed their use to PotSaver. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms and shall remain the property of PotSaver and/or its licensors and/or suppliers. Except as provided in the foregoing, PotSaver does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, the App, and/or the Services, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by PotSaver, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site, and/or any Services or Information. Nothing contained on the Site, and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of PotSaver and/or its licensorsâ€™, suppliersâ€™ or third party owners of trademarks or copyrights without the express written permission of PotSaver, our licensors or suppliers, or the third party owner of any such trademark and/or copyright. Use of Content is strictly prohibited unless authorized in writing by PotSaver and requests for permission should be directed to email@example.com. The Site, and the Information is the property of Green Rush and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other company and product names and logos are trademarks or registered trademarks of their respective owners.
- Creating An Account
4.1 â€“ In order to use some of the features or functionality offered at the Site you may need to create an account with PotSaver. If and when you create an account with PotSaver, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address, if applicable) and/or social media such as your Facebook account and (b) maintain and update your information (including your e-mail address and social media) to keep it accurate, current and complete. You also agree that you will provide us with whatever proof of identity we may reasonably request. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate these Terms and your use of the Site, the Services and/or Information.
4.2 â€“ Under some circumstances, you may have the option of registering and/or signing into the Site and/or the App using your existing Facebook account or by creating a new Facebook account and linking it to your PotSaver account. Only one Facebook account can be used to register or sign in. If you do this, the authentication of your logon details is handled by Facebook and we only collect information about your Facebook account that you expressly agree to share with us at the time you give permission for your PotSaver account to be linked to your Facebook account. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us.
4.4 – You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
4.5 – You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Websites or Services using your name, username, or password;
4.6 – You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;
4.7 – You will not sell, transfer, or assign your account or any account rights.
PotSaver is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the Websites and Services, at our sole discretion and without advance notice or liability.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. PotSaver assumes no responsibility or liability for any issues, problems or Content on your User Profile.
User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. PotSaver does not review each User Profile to determine if they were created by an appropriate party. In addition, PotSaver is not responsible for any unauthorized User Profiles that may appear on the Services. If you believe that a User Profile listed on one of the Websites is unauthorized, fake, fraudulent or otherwise improper or misleading, please send an email to firstname.lastname@example.org.
5 User Content
5.1 You will be provided with opportunities to interact with the Site including, but not limited to, features such as user ratings of the Dispensaries, saved favorites, liked items and bookmarked Dispensaries. You represent and warrant that you are the owner of such User Content and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Site.
5.2 You grant PotSaver an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your User Content on the Site and the App and in all media now known or hereinafter devised (collectively, the â€œUsesâ€), without notification to and/or approval by you. You further grant PotSaver a license to use your username and/or other user profile information including, but not limited to, your ratings history and how long you have been a member of PotSaver, to attribute User Content to you, if we choose to do so, again without notification to and/or approval by you.
5.3 User Content transmitted to certain parts of the Site may be posted in public areas on our Site, including without limitation in a compilation format, and publicly visible and accessible. PotSaver and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the â€œReleased Partiesâ€) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
- Code of Conduct
You agree not to:
6.1 â€“ Engage in spamming or phishing attacks;
6.2 â€“ Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third partyâ€™s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
6.3 â€“ Restrict or inhibit any other visitor from using the Site, and/or the Services, including, without limitation, by means of â€œhackingâ€ or defacing any portion of the Site, and/or the Services;
6.4 â€“ Express or imply that any statements you make are endorsed by us, without our prior written consent;
6.5 â€“ Upload any Materials that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services, the Site;
6.6 â€“ Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site, and/or the Services;
6.7 â€“ Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services or Information;
6.8 â€“ Use the Site, Information and/or Services in any manner that is unlawful, including accessing the Site, the Services and/or Information from any location where such access may be illegal or otherwise prohibited. You must only use an access point or data account (AP) which you are authorized to use;
6.9 â€“ â€œFrameâ€ or â€œmirrorâ€ any part of the Site without our prior written authorization;
6.10 â€“ Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, â€œdata mineâ€ or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents;
6.11 â€“ Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
6.12 â€“ Harvest or collect information about the Siteâ€™s visitors or members without their express consent.
- Indemnity and Release
You agree to indemnify and hold PotSaver (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneysâ€™ 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 Website or Services, (ii) your User Content, (iii) your violation of these Terms or any Additional Terms; or (iv) your violation of applicable laws or regulations. PotSaver reserves 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 of PotSaver. PotSaver will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge PotSaver (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) 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, other Websites or Services or Third Party Materials. 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: â€œa 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.â€
- Privacy Statement
- Third Party Materials
The Website or Services might display, include or make available Third Party Content (including data, information, articles, applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third party Offers (as defined below) (collectively, the â€œThird Party Materialsâ€). You acknowledge and agree that PotSaver is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PotSaver does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third Party Material, the applicable third partyâ€™s terms and policies apply, including the third partyâ€™s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Material.
The Website or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the â€œOffersâ€). Offers constitute â€œThird Party Materialsâ€ under these Terms. PotSaver displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the â€œOfferorâ€) 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 on the Website or Services. The Offeror, and not PotSaver, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) 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.
- Limited License
Subject to your compliance with these Terms and the applicable Additional Terms, PotSaver grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or PotSaver client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Additional Terms are reserved and retained by PotSaver. You may not use any meta-tags or any other “hidden text” utilizing PotSaverâ€™s name or trademarks or other IP Rights without the express written consent of PotSaver. The licenses granted by PotSaver shall immediately terminate should you fail to comply with these Terms or any Additional Terms.
Subject to these Terms, PotSaver grants you a non-transferable, non-exclusive, license to install and use the software PotSaver makes available for mobile devices (â€œMobile Appâ€), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third party app platform from which you received the Mobile App (â€œApp Platformâ€). You acknowledge that these Terms concern you and PotSaver, and not the App Platform. PotSaver, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that PotSaver is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PotSaver of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
- Disclaimer Of Warranties
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT:
A. YOUR ACCESS TO AND USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POTSAVER AND THEIR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACUAL WARRANTY OF ANY KIND.
B. POTSAVER AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS 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 WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
C. ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE OR OTHER PROGRAM.
D. NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POTSAVER OR FROM THE WEBSITES, SERVICES OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
E. VETTING BY POTSAVER OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, REVIEW, RELATED MEDIA, POSTING OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE WEBSITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICEABLE. AS A RESULT, POTSAVER CANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, POSTINGS OR OTHER CONTENT OR MATERIAL POSTED VIA THE WEBSITES OR SERVICES AND, AS SUCH, DOES 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 AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE WEBSITES OR SERVICES.
- Limitation Of Liability
A. POTSAVER IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT AND NETWORK, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF POTSAVERâ€™S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND AND AGREE THAT POTSAVER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POTSAVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE WEBSITES OR OTHER AFFILIATED OR RELATED WEBSITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; (5) THE FAILURE OF THE NETWORK OR WEBSITES TO TIMELY PROCESS AN OFFER; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITES, ANY POTSAVER AFFILIATED OR RELATED SERVICES, FEATURES OR APPLICATIONS, OR ANY OTHER POTSAVER OWNED OR OPERATED ENTITY. FURTHER, POTSAVER IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN LISTING CLIENTS AND USERS, AND POTSAVER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE WEBSITES OR SERVICES.
B. REGARDLESS OF THE AFOREMENTIONED, IF POTSAVER IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100.
C. SOME STATES, COUNTIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Choice Of Law; Venue; No Jury Trial
The laws of the state of California, excluding Californiaâ€™s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, and you and PotSaverâ€™s consent to personal jurisdiction in those courts.
- Entire Agreement
- Reservation Of Rights
The failure of PotSaver to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PotSaver. 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 or otherwise. If for any reason 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.
- Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and PotSaver.
- Support Or Maintenance
You acknowledge and agree that PotSaver will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
- United States Export & Foreign Assets Control Regulations
We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. Those who choose to access the Website or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that You are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
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.
- No Right Of Survivorship And Non-Transferability
You agree that your PotSaver account is non-transferable and any rights to your Websites user identification or contents within your accounts terminate upon your death.