Please be advised that this User Agreement contains provisions that govern how claims you ( the “User”) and WeedEx (together, the “Parties”) may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you may have against WeedEx to binding and final arbitration. You are only permitted to pursue claims against us on an individual basis, not as plaintiff or class member in any class or representatives action or proceeding and you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.
Overview of WeedEx
The WeedEx portal is a private marketplace for individuals and businesses to exchange products and services to other businesses or individuals. Users of WeedEx benefit from a wholesale marketplace, in-depth analysis of related financial trends, and a social networking service.
As a marketplace, WeedEx does not own, sell, or otherwise provide the items listed on this site, so the actual contract is directly between the providers and the consumers. WeedEx is not a traditional supplier. While we may provide pricing, shipping and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. WeedEx has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of providers to provide items; the ability of consumers to pay for items; or that a consumer or provider will actually complete a transaction. WeedEx reserves the right to change our service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the service.
Conditions Governing the Use of WeedEx
While using the WeedEx portal, users will NOT:
1. Post content or items in inappropriate categories or use misleading, excessive or repetitive tags.
2. Use our Services if you are unable to form legally binding contracts and are under the age of 21 years, or are suspended from using our site, services, applications and tools.
3. Fail to pay for items purchased by you, unless the provider has materially changed the item’s description after you purchase, a clear typographical error is made, or you are unable to contact the provider.
4. Fail to deliver items sold by you, unless the consumer fails to follow the posted terms, or you cannot contact the consumer.
5. Manipulate the price of any item or interfere with other user's listings.
6. Post false, inaccurate, misleading, defamatory, or libelous content.
7. Take any action that may undermine the feedback or ratings systems
8. Transfer your WeedEx account and user ID to another party without WeedEx’s prior, written consent.
9. Distribute or post any items not related to WeedEx’s purposes.
10. Distribute viruses or any other technologies that may harm WeedEx, or the interests or property of WeedEx users.
11. Use any robot, spider, scraper or other automated means to access our Services for any purpose.
12. Bypass our robot exclusion headers, interfere with the working of our services, or impose an unreasonable or disproportionately large load on our network infrastructure.
13. Copy, modify, or distribute rights or content from our services or WeedEx’s copyrights and trademarks.
14. Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of WeedEx and the appropriate third party, as applicable.
15. Harvest or otherwise collect information about users, including email addresses, without their consent.
16. Submit false or inaccurate information about themselves, misrepresent their identities or fail to maintain the accuracy of such information.
17. Authorize others to use their accounts, profile, posts or messages without consent from WeedEx.
18. Fail to inform WeedEx immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with the account.
Abusing WeedEx
Without limiting other remedies, WeedEx may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if:
1. We think that you are creating problems or possible legal liabilities.
2. We think that such restrictions will improve the security of the WeedEx community or reduce our or another WeedEx user's exposure to financial liabilities.
3. We think that you are infringing the rights of third parties.
4. We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies.
5. Despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
6. You fail to pay us all fees due for our services by your payment due date.
When a consumer or provider issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both consumers and providers.
User Account
In order to use the WeedEx platform, members must become registered users. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WeedEx is not responsible for third party access to your account that results from theft or misappropriation of your account. WeedEx and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. WeedEx does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. You may not use WeedEx unless you are 21 years of age or older. WeedEx reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice.
Valid Account and Cancellation
Users are responsible for taking action prior to renewal if they do not want their subscription to renew automatically. Users might not receive further notice of their renewal after signing up for an account or subscription, and must visit their account preferences page in order to find out when their account is set to renew.
As a user, you are responsible to ensure that the credit card, bank account, check, or other payment method associated with your account or subscription is valid, that information posted in connection with it is accurate, and for authorizing WeedEx to use it. If WeedEx cannot charge your account, we may cancel your subscription and you may lose access to the service and any data associated with your subscription.
Some accounts can be paid via invoicing with mutual agreement between parties. There may be extra fees associated with invoiced accounts if WeedEx has agreed to enter into an invoicing relationship with you, and all invoices must be paid within 30 days. You agree that WeedEx may charge a compound-interest of 1.5% a month for past due accounts and that you are liable for attorneys’ fees and reasonable collection costs arising from WeedEx’s efforts to collect on past due amounts.
For security reasons, an email or phone call to WeedEx is not sufficient to cancel your account or subscription, which you may cancel at any time by selecting the cancel button in your account settings. Cancellation does not entitle you to a refund. You will continue to have access to the site and service until the end of your subscription term. WeedEx is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part.
Listing Conditions
When listing an item, you agree to the following:
1. You are responsible for the accuracy and content of the listing and item offered.
2. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). WeedEx cannot guarantee exact listing durations.
3. WeedEx strives to create a marketplace where consumers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- Consumer's location, search query, browsing site, and history.
- Item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query.
- Provider's history, detailed provider ratings, and feedback; and
- Number of listings matching the consumer's query.
4. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the consumer.
Purchase Conditions
When purchasing an item, you agree to the following:
1. You are responsible for reading the full item listing before making a purchase request or commitment to buy.
2. You enter into a legally binding contract to purchase an item when you commit to buy an item or your offer has been accepted by the provider.
3. You cannot enter into a purchase request for your own item.
4. If you know the provider, you cannot make a purchase request with the intent to artificially increase its price or desirability. This applies to families, friends, employees and online connections.
WeedEx Obligations Regarding User Generated Content
WeedEx assumes no obligation to and does not routinely pre-screen user generated content posted via the site or in connection with the service. WeedEx does not guarantee the accuracy, integrity, appropriateness, quality, or validity of user generated content. User generated content does not necessarily represent the views or opinions of WeedEx and under no circumstances will WeedEx be liable in any way for any user generated content, including without limitation any loss or damage of any kind incurred as a result of the use of any user generated content posted, emailed, or otherwise transmitted via the site. WeedEx will not be responsible for creating backup copies and replacing / restoring any content you post or store on the site. Notwithstanding its lack of obligation, WeedEx may remove any user generated content at any time at its sole discretion, including user generated content that in the sole judgment of WeedEx violates these terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. WeedEx may delete, modify or restrict the display of user generated content at any time for any reason, including but not limited to change in subscriber account level, service cancellation, violation of these terms; once deleted, user generated content may not be retrieved.
Materials Provided to WeedEx or Posted on Any WeedEx Webpage
WeedEx does not claim ownership of the materials you provide to WeedEx (including feedback and suggestions) or post, upload, input or submit to any WeedEx Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting WeedEx, our affiliated companies and sublicensees permission to use your submission in connection with the operation of business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission. No compensation will be paid with respect to the use of your submission, as provided herein. WeedEx is under no obligation to post or use any submission you may provide and may remove any submission at any time in WeedEx’s sole discretion.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use WeedEx strictly in accordance with these terms of use. As a condition of your use of the service, you warrant to WeedEx that you will not use the service for any purpose that is unlawful or prohibited by these terms. You may not use the service in any manner which could damage, disable, overburden, or impair the service or interfere with any other party’s use and enjoyment of the service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the service.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of WeedEx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the services, and our use of such content (including of works derived from it) in connection with the services.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WeedEx content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WeedEx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WeedEx or our licensors except as expressly authorized by these terms.
Use of Communication Services
The website may contain chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with other users (“Communication Services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the purposes of WeedEx.
By using WeedEx, you will NOT:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services;
8. Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
9. Harvest or otherwise collect information about others, including email addresses, without their consent;
10. Violate any applicable laws or regulations in a manner inconsistent with the terms herein WeedEx has no obligation to monitor the communication services. However, WeedEx reserves the right to review materials posted and to unilaterally remove any materials in its sole discretion. WeedEx reserves the right to terminate your access to any or all services at any time without notice for any reason whatsoever. WeedEx reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WeedEx's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any communication service. WeedEx does not control or endorse the content, messages or information found in any communication service and, therefore, WeedEx specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized WeedEx spokespersons, and their views do not necessarily reflect those of WeedEx. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Rules about Feedback
You agree not to abuse the feedback system. This means you will not threaten to leave a provider negative feedback if that a provider will not do something that was not promised in the original listing. Also, you cannot leave feedback if you are only doing it to help increase a provider’s feedback score. All feedback must be related to actual transactions conducted using the services.
Reporting Other Users
Reports of policy violations must be specific and must be submitted with the intent of addressing a known or suspected violation of our policy or terms. False reporting of policy violations can have serious consequences. When your report is received, we look at all the circumstances, including the user’s history. If an imperative item is unknown or cannot be determined with certainty, we may not take any action. Moreover, we will not discuss the results of any investigation unless we choose to do so in our sole discretion.
Electronic Communications
Visiting WeedEx, using the WeedEx portal, and sending emails to WeedEx constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.
Authorization to Contact You
You agree to receive calls, including autodialed and/or pre-recorded message calls, from WeedEx at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
1. To contact you for reasons relating to your account or your use of our services (such as to collect a debt or to otherwise enforce our User Agreement) or as authorized by applicable law
2. To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your account.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.
Links to Third Party Sites/Third Party Services
WeedEx may contain links to other websites (“Linked Sites”). The linked sites are not under the control of WeedEx and WeedEx is not responsible for the contents of any linked site, including any link contained in a linked site, or any changes or updates to a linked site. WeedEx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WeedEx of the site or any association with its operators. Certain services made available via WeedEx are delivered by third party sites and organizations. By using any product, service or functionality originating from the WeedEx domain, you hereby acknowledge and consent that WeedEx may share such information and data with any third party with whom WeedEx has a contractual relationship to provide the requested product, service or functionality on behalf of WeedEx users and customers.
International Users
The service is controlled, operated and administered by WeedEx from our offices within the United States of America (USA). If you access the service from a location outside the USA, you are responsible for compliance with all local, federal and international laws. You agree that you will not use the WeedEx content accessed through WeedEx in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Disclaimer of Warranties; Limitation of Liability
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Purchase request update and other notification functionality in WeedEx’s applications may not occur in real time. Such functionality is subject to delays beyond WeedEx’s control. WeedEx does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the site or service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the site. Under no circumstances will WeedEx or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the site or transmitted to or by any users.
You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by applicable law, WeedEx shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the site or service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the service or any part thereof) the site or service. Without limiting the foregoing, you specifically acknowledge that WeedEx is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the site, service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if WeedEx knew or should have known about the possibility of the damages. Moreover, WeedEx and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose.
In addition, to the extent permitted by applicable law, we (including our parents, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold WeedEx responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
1. Your use of or your inability to use our services.
2. Pricing, shipping or other guidance provided by WeedEx.
3. Delays or disruptions in our services.
4. Viruses or other malicious software obtained by accessing, or linking to, our services.
5. Glitches, bugs, errors, or inaccuracies of any kind in our services.
6. Damage to your hardware device from the use of any WeedEx service.
7. The content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items.
8. A suspension or other action taken with respect to your account or breach of the "Abusing" section above.
9. The duration or manner in which your listings appear in search results as set out in the "Listing Conditions" section above; or
10. Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Nonetheless, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) any amounts up to the price the item sold for on WeedEx (including any applicable sales tax) and its original shipping costs, (b) 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 (c) $100.
Release
If you have a dispute with one or more users, you release WeedEx (its affiliates and subsidiaries, and and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Indemnification
You agree to indemnify, defend and hold harmless WeedEx, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WeedEx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WeedEx in asserting any available defenses.
Legal Disputes
You and WeedEx agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the agreement, your use of or access to the site, services, applications, and tools, or any products or services sold or purchased through the site, services, applications, or tools will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and WeedEx, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and WeedEx each agree that any and all disputes or claims that have arisen or may arise between you and WeedEx relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to WeedEx’s services, or any products or services sold, offered, or purchased through WeedEx’s services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
THE USER AND WeedEx AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS THE PARTIES AGREE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WeedEx USERS.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the agreement to arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us.
The arbitration shall be held in Orange County, California. If the value of the relief sought is $5,000 or less, you or WeedEx may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and WeedEx subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in- person hearing may be made by telephone by you and/or WeedEx, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different WeedEx users, but is bound by rulings in prior arbitrations involving the same WeedEx user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in the agreement to arbitrate. WeedEx is not responsible for any fees associated with the arbitration proceedings except as provided for in this section. Any request for payment of fees by WeedEx should be submitted by mail to the AAA along with your demand for arbitration. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WeedEx may pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse WeedEx for all fees associated with the arbitration paid by WeedEx on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
Severability
If an arbitrator or court decides that any part of this agreement is invalid or unenforceable, the other parts of this agreement shall still apply. If an arbitrator or court decides that the "Prohibition of Class and Representative Actions and Non-Individualized Relief” provision is invalid or unenforceable, then the entire section regarding the agreement to arbitrate shall be null and void. The remainder of the agreement and its "Legal Disputes" section will continue to apply.
Opt-Out Procedure
ALL USERS OF OUR SERVICE ARE BOUND TO THIS AGREEMENT TO ARBITRATE. YOU MAY NOT OPT-OUT. YOUR SOLE COURSE OF ACTION IS TO NOT USE OUR SERVICE.
Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the agreement to the contrary, the parties agree that if we make any change to this agreement (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against WeedEx prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the agreement that have arisen or may arise between you and WeedEx. We will notify you of changes to this agreement by posting the amended terms on the site at least 30 days before the effective date of the changes and by providing notice through the WeedEx website and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms. Moreover, if we seek to terminate the agreement to arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to the site, and shall not be effective as to any claim that was filed in a legal proceeding against WeedEx prior to the effective date of termination.
C. Judicial Forum for Legal Disputes
Unless the parties agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between the user and WeedEx must be resolved exclusively by a California State Court located in Orange County, California. The user and WeedEx agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.
Changes to Terms
WeedEx reserves the right, in its sole discretion, to change the Terms under which WeedEx is offered. The most current version of the Terms will supersede all previous versions. WeedEx encourages you to periodically review the terms to stay informed of our updates.
Applicable Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California in all disputes arising out of or relating to the use of the service. Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
Use of Service
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WeedEx as a result of this agreement or use of the service. WeedEx's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WeedEx’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by WeedEx with respect to such use.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement:
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WeedEx with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WeedEx with respect to the service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Use of WeedEx Logo and Other Trademarks
WeedEx does not permit the use of its name in advertising, as an endorsement for any product or service, or for any other commercial purpose. Reproduction of any information contained herein may be made without limitation as to number provided that it is not distributed for the purpose of private gain and is appropriate credited to WeedEx. Graphics, logos and content created by WeedEx are the property of WeedEx and may not be used without permission. Except as WeedEx may authorize elsewhere, non-WeedEx affiliated users or websites may use only the logo provided. By downloading the logo, you agree to be bound by these policies. You may only use the logo on your website, social media pages, print or electronic advertising, and not in any other manner. If on the internet, it must be an active link to WeedEx’s main page (www.weedexchange.org). Your webpage title and other trademarks and logos must appear at least as prominent as the Logo. You may not display the Logo in any manner that implies sponsorship, endorsement, or license by WeedEx. The logo must appear by itself, with a minimum spacing (the height of the Logo) between each side of the logo and other graphic or textual elements on your page. The Logo may not be used as a feature or design element of any other logo. You may not alter the logo in any manner, including size, proportions, colors, elements, etc., or animate, morph or otherwise distort its perspective or two-dimensional appearance. You may not use the logo on any site that disparages WeedEx or its products or services, infringes on any WeedEx intellectual property or other rights, or violates any state, federal or international law. These policies do not grant a license or any other right in WeedEx’s logos or trademarks. WeedEx reserves the right in its sole discretion to terminate or modify permission to use the logo at any time. WeedEx reserves the right to take action against any use that does not conform to these policies, infringes any WeedEx intellectual property or other right, or violates other applicable law.
Contact Us
WeedEx welcomes your questions or comments regarding the terms of use.