Legal

1. Website Terms Of Use

“I have read the agreement below and agree to its terms”
 
These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and MDJ Technology LLC (“Company”), the owner and operator of the MMJ.com website and related digital properties (“Platform”). By registering for any service provided on the Platform or otherwise using the Platform you become a client (“Client”) and you agree to be bound by all of the terms (“Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR OR USE ANY OF THE PLATFORM SERVICES. The Terms are subject to change at any time, effective upon notice to you.
 
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UN-DERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GO-ING TO MMJ.COM/LEGAL/TERMS-OF-USE. COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
 
The Company provides referral services to you through the Platform by connecting you with third party providers of regulated medical marijuana services (“Providers”).  The Company is not a medical marijuana collective or cooperative, nor does it provide medical services.  Through this Agreement, the Company offers to receive information from medical cannabis patients, to perform patient pre-verification checks in compliance with all applicable laws and regulations and provide a virtual environment through the Platform through which eligible Clients may establish a relationship with a Provider (“Services”).  It isthe sole responsibility of the Providers to be in compliance with applicable state laws and regulations.  While Company makes reasonable efforts to ensure that any Provider affiliated with the Platform operatesin compliance with applicable regulations, we make no representations, promises or warranties with re-spect to the legality, suitability, or otherwise regarding such Provider compliance and have no responsibility or liability with respect to services provided to you by a Provider.
 
  1. Eligibility. In order to qualify for access to and use of the Company’s Platform, you agree that (1) youare 18 years of age or older; (2) are located in a state where medical cannabis is legal; and (3) you willcomply with and are bound by the Terms of this Agreement.  Satisfaction of these requirements does not guarantee that you will receive Services from the Company or access to the Platform.
  2. Limitations of Liability and Indemnification. BY ACCESSING OR USING THE PLATFORM, OR RECEIVING ANY SERVICES, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF YOUR ACCESS TO THE PLATFORM AND USE ANY OF THE SERVICES AVAILABLE.  YOUR SOLE REMEDY FOR ANY BREACHOR DEFAULT OF THIS AGREEMENT BY THE COMPANY SHALL BE A RETURN OF ANY FEES PAID TO COMPANY FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT.  YOU INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS THE COMPANY, ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOST-ING SERVICES AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES AND EX-PENSES (INCLUDING BUT NOT LIMITED TO COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THIS AGREEMENT.
  3. Do Not Rely on the Platform. Opinions, advice, statements or other comments should not necessarilybe relied upon and are not to be construed as professional advice from the Company.  The Company does not guarantee the accuracy or completeness of any of the information provided and is not responsible for any loss resulting from your reliance on such information.
  4. Right to Monitor. Company reserves the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Not-withstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
  5. Medical Cannabis Legal Compliance. By accessing the Platform or receiving Services, you expressly acknowledge that the Company is solely for patients residing in states who have adopted legislation permitted medical use of cannabis, and who legally qualify for such use under applicable laws.  You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient.  You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation and distribution of medical cannabis, without regard to information provided via the Platform.  You further acknowledge that any of these activities may be illegal under applicable state law unless all participants are acting completely within the scope of those laws.  You further acknowledge that you understand that the use, possession, cultivation, transportation or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and prosecution by federal officials.  You acknowledge and agree that the Company neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal or administrative proceeding, investigation, litigation or prosecution.  REGARDLESS OF THE STATE IN WHICH YOU LIVE, YOU AGREE TO ABIDE BY AND FOLLOW THE LAWS OF YOUR STATE AS A CONDITION TO YOUR USE OF THE COMPANY’S PLATFORM AND RECEIPT OF THE COMPANY’S SERVICES.
  6. The Platform and Services. The Company does not provide any medical services, including through the Platform or in the provision of its Services.  Rather, the Company provides a technology platform (i.e., Platform) for you to access an independent licensed health care provider or similar affiliated professional entity (i.e., Providers), screen potential users of the Platform, and obtain access to additional information (collectively, the Services), any of which you may or may not choose to utilize in planning your health care and wellness.  The information resources made available through our Platform and Services are not a substitute for direct in-person health care services in all cases, nor do they constitute health care services themselves.  You agree that your health and wellness decisions are based solely on you and your Provider, and by using the Platform and Services you are not entering into a provider-patient relationship with the Company.  You further agree that the opinions expressed by a Provider are solely those of the Provider and are not an expression of opinion or medical diagnosis by the Company.
  7. Informed Consent.  You agree that the Company will share your information with a Provider, and that the Provider may in turn share your information, including their recommendation if one is provided, with the Company.  Your access to the Platform and receipt of Services is in furtherance of establishing a relationship between you and a Provider for evaluation for recommendation for medical use of cannabis under applicable laws.  The Provider will make this recommendation based in part on medical information that you provide during private consultation between you and the Provider.  You agree not to misrepresent your medical condition and affirm your intent to use cannabis solely for treatment of a medical condition.
  8. Communication. By accepting the Terms, you agree and consent to the Company, its employees, agents or affiliates, or Providers sending you disclosures, notices, messages, reports or other communications.  It is your responsibility to monitor these communications and to ensure they are receivable by you.  You acknowledge and agree that you will not hold the Company, or its officers, employees, agents, affiliates, licensees and web hosting services liable for any loss, injury or claim of any kind resulting from your failure to read or receive these communications or your failure to comply with any treatment recommendations contained in said communications.  You further agree and acknowledge that the Company is not responsible for fraud, falsifying or misrepresentation that has been made from third parties falsely claiming to work with the Company, and that you will verify all correspondence received outside of the Platform with the Company.
  9. Personal Use Requirement. Your use of the Company’s Platform and Services is for your sole, personal use (or the patient of a qualified caregiver, where applicable).  You agree that you may not and shall not authorize others to use your user status or access to the Platform and Services.  You further agree that you will at all times act in full compliance with the laws of your state concerning medical (or recreational) use of cannabis collectives or cooperatives, and all application cannabis laws.
  10. Confidentiality and Privacy. The Company is committed to respecting your privacy and recognizes the importance of protecting and managing personally identifiable information and medical information that you share with us in compliance applicable laws.  In the course of your access to the Platform and the receipt of Services, we may collect personal information that can identify you such as your name, contact information, or other identifying information through various forms and in various places, including your registration for use of the Platform, in contact forms, or when otherwise inter-acting with the Platform in any way, including through the use of screening questionnaires.  Our collection of information may include location-based information through the use of location-based services.  We may use your medical information in our sole discretion for various purposes including treatment, processing a payment, enabling your to participate in the Platform’s features, providing customer support, contacting you regarding changes to the Terms of this Agreement, or for other purposes disclosed at the time you provide your information or as otherwise set forth herein or permitted by applicable laws.The Company’s complete privacy policy is provided separately and is available at mmj.com/legal/terms-of-use (“Privacy Policy”).  The Privacy Policy provides further details regarding our collection and use of your personal information and is incorporated into these Terms by reference and constitutes a part of this Agreement.  Notwithstanding the terms contained therein, Company collects only Client’s email address, phone number, and location information.  Company agrees not to collect or otherwise record medical information, such as health records, telehealth virtual appointments, physician recommendations or any other medically related information of you, the Client.
  11. Rights and Prohibited Uses. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Platform and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms, the Consent to Telehealth, and the Privacy Policy.  No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by the Company or its licensors.  We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason.  You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Plat-form; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property; (e) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform, Services or related materials in any way; (g) use or access the Platform to create or develop competing products or services or for any other purpose that is to the Company’s detriment or commercial disadvantage; (h) take any action or use the Platform or Services in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer net-work; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by the Company or any of our service providers to protect our Platform or affiliated websites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Platform or affiliated websites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Platform or affiliated websites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to the Company or third-party content from thePlatform or affiliated websites; (n) otherwise use the Platform or affiliated websites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
  12. Ownership, Copyrights, Trademarks, Licenses. Company owns and retains all proprietary rights to the Platform, its trademarks and copyrights.  Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Company.  By posting information to the Platform, you represent that you have the right to grant permission for use by the Platform and the Company.  All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the Platform or user-generated content on our social media accounts (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy.  By providing Submitted Materials you: (a) rep-resent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records.
  13. Digital Millennium Copyright Act. Our Platform maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Platform.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):Notification of Claimed Infringement:
    MDJ Technology LLC
    6090 Royalton Road PMB 316 North Royalton, Ohio, 44133
    [email protected]
    1-888-665-8178

    You may contact our agent for notice of claimed infringement specified above with complaints regard-ing allegedly infringing posted material and we will investigate those complaints.  If the posted mate-rial is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

    In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the mate-rial in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

  14. Payment. You agree to pay all fees due for services requested.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.  Your payments to the Company may include fees charged by health care organization(s) or provider(s) for health care services or pharmacy services, which the Company may collect on their behalf.  Any health care services not made available through the Company’s Services are not included in the payments collected by the Company and you may be separately charged by the applicable health care providers for such services.  In the event that your credit card expires or the Company, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method.  The Company or the healthcare organization(s) or provider(s) have no obligation to provide any health care services unless and until full payment has been received or verified.
  15. Third Party Content. Our Platform may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  16. No Warranties. Company provides the Platform and Services on an “as is” basis and does not make any warranty, express, implied, limited or other with respect to the services provided.  Specifically, Company does not warrant that the s Platform or Services will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
  17. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Ohio, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of Ohio, Eastern Division, and you hereby consent to the jurisdiction of any such court.
  18. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
  19. Certification. You certify that you are at least 18 years of age and that your answers to the registration/screening materials on the Platform will be truthful.
  20. Entire Agreement. This Agreement constitutes your entire Agreement with the Company with re-spect to any services.
  21. Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.

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