Terms of Use
Published on January 2, 2023 – Last updated May 31, 2023
Welcome to www.hubwee.com. The website www.Hubwee.com (the “Site”) is owned by Hubwee Inc. (“Hubwee,” “Us,” “Our,” and/or “We”), its affiliates, subsidiaries, parent companies, and other related companies. Hubwee provides in-store product review and on-line ordering services, as well as websites, including Hubwee.com and related sub-domains, mobile and/or software applications that host content related to cannabis varieties and related products, including reviews and ratings provided by its users, photos and videos posted by users, directories of cannabis dispensaries and medical providers, and cannabis-related news stories and other articles (collectively, with all other services provided by Hubwee, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted in conjunction with such features on the Site or Services. All such additional terms, guidelines, and rules are incorporated into this Agreement by reference. You, as a user of our website and/or services, are referred to as “user,” “you,” and “your” throughout this document.
THESE TERMS OF USE (THE “AGREEMENT”) DESCRIBE THE LEGALLY BINDING CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ACCEPT THIS AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPABILITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT CAPABLE OF ENTERING INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WITH THE AUTHORITY TO BIND SUCH COMPANY, ENTITY, OR ORGANIZATION TO THIS AGREEMENT.
\PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION; FURTHER, YOU MAY ONLY PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU MAY ONLY SEEK RELIEF (INCLUDING INJUNCTIVE, MONETARY, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Privacy
Your use of www.Hubwee.com is subject to Hubwee’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. http://www.hubwee.com/privacy-policy
Electronic Communications
Visiting www.Hubwee.com or sending e-mails to Hubwee constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail, and on the Site satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Hubwee is not responsible for third-party access to your account that results from theft or misappropriation of your account. Hubwee and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Your account is
Eligibility. Within the United States, you must be at least 21 years old to use the Site and/or Services. Hubwee does not endorse the use of cannabis products by minors except under the supervision of a qualified medical professional. Hubwee does not endorse the illicit use of cannabis or cannabis products and any use thereof is subject to relevant state and federal laws
Account Creation. To use certain features of the Site (for example, to use the Services), you must register for an Hubwee account (“Hubwee Account”) and provide certain information about yourself as prompted by the Site’s registration form. You represent and warrant that: (a) all required registration information you submit is accurate and truthful, and (b) you will always maintain the accuracy of such information. You are not permitted to create multiple Hubwee accounts.
Account Deletion. Send an e-mail to [email protected] with your Hubwee Account Username and a request to delete your account.
Social Networking Services. Alternatively, we may allow you to log in to the Site or Service using your login credentials from certain social networking sites (such as Facebook and Twitter) (“SNS”). If you log in to or otherwise link your Hubwee Account with your login credentials from an SNS, we may receive information about you under the terms and conditions (e.g., terms of service and privacy policies) of the SNS (“SNS Terms”). If you choose to share your information with these SNS, we will comply with your decision and share information with them. The SNS Terms of the respective SNS will apply to the information we share with them.
Links to Third-Party Sites/Third-Party Services
www.Hubwee.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Hubwee, and Hubwee is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Hubwee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hubwee of the site or any association with its operators.
Certain services made available via www.Hubwee.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.Hubwee.com domain, you hereby acknowledge and consent that Hubwee may share such information and data with any third party with whom Hubwee has a contractual relationship to provide the requested product, service, or functionality on behalf of www.Hubwee.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.Hubwee.com strictly under these terms of use. As a condition of your use of the Site, you warrant to Hubwee that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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 Hubwee 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 in any such content and will not make any changes thereto.
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. Hubwee content is not for resale. Your use of the Site does not entitle you to unauthorized use of any protected content. 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 Hubwee and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hubwee or our licensors except as expressly authorized by these Terms.
Hubwee respects the intellectual property of others and requests the same of users of our website and services. On our Site and Services, we have created and implemented a policy regarding copyright law that provides for the removal of any infringing materials and, in appropriate circumstances, the termination of users who are serial infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work through the use of our Site and Services, and you wish to have the allegedly infringing material removed, you must provide the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the content on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such content;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the content in question is not authorized by the copyright holder, its agent, or the law; and
- A statement that the information in the notification is correct and, under penalty of perjury, that you are the owner of the allegedly infringed copyright or are authorized to act on behalf of the owner.
Please be advised that, per 17 U.S.C. 512(f), any misrepresentation of material fact (falsehoods) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Hubwee is:
Copyright Agent
Legal Department
Hubwee Inc.
26895 Aliso Creek Rd #B-795
Aliso Viejo, CA 92656
E-mail: [email protected]
Modification
Hubwee reserves the right, at any time and without notice, to modify, suspend, or discontinue the Site or Services or any portion thereof. You agree that Hubwee shall have no liability to you or any third party for any modification, suspension, or discontinuance of the Site or Services or any portion thereof.
Communications
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “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 particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 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; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; 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; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Hubwee has no obligation to monitor the Communication Services. However, Hubwee reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Hubwee reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Hubwee 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 remove any information or materials, in whole or in part, in Hubwee’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hubwee does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Hubwee 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 Hubwee spokespersons, and their views do not necessarily reflect those of Hubwee. Hubwee is not liable for any communications or interactions between or among users which occur as a result of exchanging personally identifying information.
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.
Text Messaging. By utilizing the Services or Software, you consent to Hubwee and those acting on its behalf sending you text (SMS) messages at the phone number you provided. These messages may contain both operational messages regarding your use of the Services and marketing or other promotional messages. Messages from Hubwee, its affiliated companies, and necessary third-party service providers may include but are not limited to, the following: operational communications regarding your User account or use of the Services, updates regarding new and existing features on Hubwee, communications regarding promotions run by our third-party partners or us, and news regarding Hubwee and industry developments. Your wireless carrier’s standard text messaging fees will apply to text messages we send. Your consent to receive promotional texts is not a requirement for purchasing any of Hubwee’s products or services. If you change or deactivate the phone number that you provided to Hubwee, you must update your account information to prevent us from communicating inadvertently with anyone who acquires your old number. You consent to the use of automatic telephone dialing systems to send you texts, calls, or prerecorded messages and waive your right to pursue claims under the Telephone Consumer Protection Act (“TCPA”). Insofar as any claim under the TCPA is deemed non-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such non-waivable claim arising under the TCPA will be arbitrated on an individual basis and not on a class or representative basis.
Opt-Out. By signing this agreement, you consent to receive text messages until you opt-out. At any time, you can opt-out of receiving promotional text messages from Hubwee by replying STOP to a promotional text message from Hubwee. You may opt-out of receiving all Hubwee text messages at any time by deleting your account or by replying STOP to any Hubwee text message. NOTE: If you opt-out of receiving all text messages from Hubwee, you will be unable to use certain services unless you agree to receive operational text messages. While Hubwee processes your request, you may continue to receive text messages, and you may also receive text messages confirming receipt of your opt-out request. By signing this agreement, you waive your right to pursue claims under the Telephone Consumer Protection Act (TCPA) related to any messages sent to you while the opt-out request is pending. Insofar as any claim under the TCPA is deemed non-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such non-waivable claim arising under the TCPA will be arbitrated on an individual basis and not on a class or representative basis, as set forth in Paragraph 13.
Opting Back In. You may return to receiving text messages from Hubwee at any time by replying START to an Hubwee text message.
E-mail. You agree that we may send you e-mails about our products and services in addition to those of third parties. You can opt-out of receiving promotional e-mails by following the instructions for unsubscribing included in a promotional e-mail.
Materials Provided to www.Hubwee.com or Posted on Any Hubwee Web Page
Hubwee does not claim ownership of the materials you provide to www.Hubwee.com (including feedback and suggestions) or post, upload, input, or submit to any Hubwee Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Hubwee, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
User Content. “User Content” means all information and content that a user submits to or uses with the Site or Services, including, but not limited to, content in the user’s profile, user reviews, and/or postings.
You acknowledge and agree that Hubwee is not liable for any User Content, regardless of its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or any other aspect thereof. Hubwee is not liable or responsible to you or any other person or user for your use or misuse of User Content.
User Content Restrictions. You agree not to use the Site, Services, or any of Hubwee’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
User Content Responsibilities. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance by others on its accuracy, completeness, or utility and any disclosure of your User Content that makes you or any third party personally identifiable. You guarantee that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that Hubwee provides, sponsors, or endorses your User Content in any way. You acknowledge and agree that Hubwee is not responsible for any User Content, regardless of its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality. Hubwee assumes no liability and is not responsible to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Hubwee), you may be liable if, for instance, your User Content violates the Acceptable Use Policy or other applicable laws. Hubwee is not required to create backups of User Content, and User Content may be deleted at any time. If you desire, you are solely responsible for creating backup copies of your User Content.
Advertising. Parties interested in posting advertising, marketing, or for-profit content of any kind on Hubwee should contact [email protected] for more information.
Feedback. If you submit Hubwee with any feedback or recommendations regarding the Site or Services (collectively, “Feedback”), you hereby assign to Hubwee all rights in the Feedback and agree that Hubwee may use such Feedback and related information in any manner it deems suitable. Hubwee will regard as non-confidential and non-proprietary any Feedback you offer. You agree not to send to Hubwee any information or concepts that you regard as confidential or proprietary.
No compensation will be paid with respect to the use of your Submission as provided herein. Hubwee is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Hubwee’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.
Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Hubwee Account, and/or reporting you to law enforcement authorities) if we suspect that you have violated the Acceptable Use Policy or any other provision of these Terms.
Third-Party Interactions
Third-Party Interactions. You may come into correspondence with, purchase products and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors displaying their goods and/or services through the Service while using the Site or Service. Specifically, Hubwee is not a party to any transaction you may do with a third party. This activity and all associated terms, conditions, warranties, or representations are exclusively between you and the applicable third party. Hubwee shall have no liability, obligation, or responsibility for any correspondence, transaction, or promotion between you and a third party. You acknowledge that it is your obligation to exercise reasonable caution in any actions and interactions with any third party you engage with via the Service.
Third-Party Materials. The Site or Services may display, include, or make available third-party materials (including data, information, articles, applications, or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third parties such as Deals and dispensary Menus, including pricing, product names, and product descriptions for each Menu (defined below) (“Third-Party Materials”). You understand and agree that Hubwee is not responsible for Third-Party Materials, regardless of their correctness, completeness, timeliness, validity, copyright compliance, legality, decency, or any other aspect thereof. Hubwee does not assume and will have no liability or duty to you or any other individual or user for any Third-Party Materials. You access and use Third-Party Materials and links thereto at your own risk. When you connect to Third-Party Materials, the terms and policies of the applicable third party, including its privacy and data collection practices, apply. Before proceeding with any transaction involving Third-Party Materials, you should conduct any research you deem necessary or suitable.
Deals. The Site or Services may show, include, or make accessible coupons, promotional codes, freebies, samples, and other deals from dispensaries that have been listed (collectively, “Deals”). Deals qualify as “Third Party Materials” under the terms of this Agreement. Hubwee exclusively presents these Deals on the Site and Services as advertising for the listing dispensary (“Offeror”). All Deals are offered directly by the relevant Offeror and may be subject to additional terms, conditions, or restrictions imposed by the Offeror or under applicable legislation, regardless of whether such terms, conditions, or restrictions are specifically outlined on the Site or Services. The Offeror, not Hubwee, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including, without limitation, the advertisement, redemption, and terms and conditions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in whole or in part.
Other Users. Each user of the Site or Services is solely responsible for any and all User Content and Third-Party Materials that they upload or otherwise make available. You acknowledge and agree that because we do not control User Content and/or Third-Party Materials, we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees about the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other users of the Site or Service (including Dispensaries) are strictly between you and that person. You acknowledge that Hubwee is not liable for any losses or damages caused as a consequence of such exchanges. If a dispute arises between you and another Site or Service user, we are not required to become involved.
Release. In consideration of your use of the Site and Services, you hereby release and discharge Hubwee (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature (including claims related to privacy, receipt of text messages, personal injuries, and intellectual property infringement). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE California Civil Code Section 1542 in connection with the above, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are not a resident of California, you agree that the above release applies to all claims, including those you were unaware of at the time you signed this Agreement.
Acceptable Use Policy
Reviews. To leave a review on Hubwee, a valid account and e-mail address are required. You must validate the e-mail address associated with your Hubwee account before publishing a review. You agree not to publish reviews on the Site, Services, or any of Hubwee’s social media pages or channels that are not based on your personal experience or are otherwise intended for a purpose other than providing an accurate description of your personal experience to other users on the Site. Not permitted are reviews based on secondhand, non-personal experience. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Hubwee’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain derogatory information about any Dispensary employees or any other person; and (e) contain overly detailed or sexual descriptions of an individual’s physical appearance. If you are the owner, volunteer, or employee of a dispensary, you are not permitted to publish evaluations of your own dispensary or products or those of your competitors. You are responsible for moderating and enforcing the Acceptable Use Policy on all reviews posted to your Dispensary page as the owner of a Dispensary.
Photos. Image files must include only the things they depict and may not include human body parts, messy or crowded backgrounds, product packaging, currencies, paraphernalia, brand names, or any other objects. Image files must be clear, without any blurriness, fuzziness, or flash reflections. In the picture file, the product should be centered. Image files must contain an accurate representation of the item they describe. Image files are prohibited from containing pornographic or other graphic pictures and must adhere to the other rules outlined herein.
Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Hubwee or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
International Users
The Service is controlled, operated, and administered by Hubwee from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hubwee Content accessed through www.Hubwee.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Hubwee, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s 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. Hubwee 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 Hubwee in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hubwee agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUBWEE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
HUBWEE 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUBWEE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS PROVIDED SOLELY FOR EDUCATIONAL PURPOSES. THE CONTENT POSTED BY HUBWEE ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. HUBWEE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). HUBWEE IS NOT RESPONSIBLE FOR YOUR RELATIONSHIPS WITH DISPENSARIES, RETAIL LOCATIONS, HEALTHCARE PROVIDERS, THIRD PARTIES, OR OTHER USERS OF THE SITE OR SERVICES. HUBWEE IS NOT REQUIRED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE IF THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENU ITEMS OR OTHER INFORMATION THEY PROVIDE.
- HUBWEE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSIBLE THROUGH THE SITE AND SERVICES OR WITHIN ANY OF HUBWEE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, INSTRUCTIONS, PRECAUTIONS, OR INCLUDING BUT NOT LIMITED TO THIRD-PARTY MATERIALS, USER CONTENT, AND HUBWEE-GENERATED CONTENT DETERMINED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION CONTAINED ON THE SITE AND SERVICES AND PROVIDED VIA HUBWEE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION. CONSULT A QUALIFIED HEALTHCARE PROVIDER AT ALL TIMES IF YOU HAVE QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON HUBWEE’S SOCIAL MEDIA PAGES AND CHANNELS.
- ACKNOWLEDGEMENT OF FEDERAL LAW: The user expressly acknowledges that Hubwee is only for residents of states and localities with laws regulating the medical or recreational use of cannabis and that medical cannabis collectives and patients are established in accordance with local laws. Schedule 1 of the United States Controlled Substances Act includes marijuana. Individuals are subject to arrest and/or prosecution for manufacturing, distributing, dispensing, or possessing marijuana in violation of federal law in the United States of America. The user further acknowledges that medical marijuana use is not a valid defense under federal marijuana laws. The user also acknowledges that interstate transport of marijuana is illegal under federal law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBWEE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUBWEE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT HUBWEE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL (A) MEET YOUR REQUIREMENTS; (B) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Termination/Access Restriction
Hubwee 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. 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 California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
This Agreement will remain in full force and effect so long as you use the Site or Services, subject to the provisions of this section. We reserve the right to (a) suspend your rights to use the Site and/or Services (including your Hubwee Account) or (b) terminate this Agreement at any time and for any reason, including for any use of the Site or Services in violation of this Agreement. Your Hubwee Account and ability to access and use the Site and Services will expire immediately upon termination of this Agreement. You acknowledge that any termination of your Hubwee Account may result in the removal of your User Content from our Site, Services, and live databases. Hubwee has no liability to you whatsoever for any termination of this Agreement, including for the termination of your Hubwee Account or the deletion of your User Content.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hubwee as a result of this agreement or use of the Site. Hubwee’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Hubwee’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hubwee with respect to such use. 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hubwee with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Hubwee with respect to the Site. 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.
Changes to Terms
Hubwee reserves the right, in its sole discretion, to change the Terms under which www.Hubwee.com is offered. The most current version of the Terms will supersede all previous versions. Hubwee encourages you to review the Terms periodically to stay informed of our updates.
Contact Us
Hubwee welcomes your questions or comments regarding the Terms:
Hubwee Inc.
26895 Aliso Creek Rd #B-795
Aliso Viejo, CA 92656
E-mail Address:
[email protected]
