The website located at www.cartiercrops.com (the “Site”) is a copyrighted work belonging to Cartier Crops App LLC. (“Cartier Crops,” “Us,”“Our,” and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. Cartier Crops provides websites, including cartiercrops.app and related sub-domains, mobile and/or software applications that host content related to cannabis activities and related products with photos and videos posted by its users, cannabis-related news stories and other articles, widgets, and other online products and services (collectively, with all other services provided through the Site, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services
Remember Cartier Crops is for fun and is intended to be a place for your entertainment, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/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 OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS 4.2 PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. IMPORTANT DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY CARTIER CROPS ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. CARTIER CROPS DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). CARTIER CROPS IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. CARTIER CROPS IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
CARTIER CROPS DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF CARTIER CROPS 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, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND CARTIER CROPS-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., PHOTOS, VIDEOS, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA CARTIER CROPS SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT 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 CARTIER CROPS SOCIAL MEDIA PAGES AND CHANNELS.
ACKNOWLEDGEMENT OF FEDERAL LAW: User expressly acknowledges that Cartier Crops is for residents with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective State laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. Client further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. Client also acknowledges that the interstate transportation of marijuana is a federal offense.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.
2. Eligibility and Accounts.
2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services within the United States. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services.
2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Cartier Crops(“Cartier Crops Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. Cartier Crops may suspend or terminate your Cartier Crops Account in accordance with Sections 3 & 7.
2.3 Account Deletion. You may delete your Cartier Crops Account at any time, for any reason, by sending an email to su*****@ho********.com which includes your Cartier Crops Account Username and your request to delete your account.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Cartier Crops Account login information and are fully responsible for all activities that occur under your Cartier Crops Account. You agree to immediately notify Cartier Crops of any unauthorized use, or suspected unauthorized use of your Cartier Crops Account or any other breach of security. Cartier Crops cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.5 If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.
3. Your Use of the Services
Cartier Crops grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
By using Cartier Crops you agree to abide by our Community Guidelines:
Community Guidelines:
Be Kind.
Be Respectful in your communication and behavior.
Be Helpful and help us all improve ourselves. We do this through honest and insightful discussion with our peers and partners.
Work Together to Resolve Disputes: Cartier Crops users are always encouraged to work through their member disputes and problems together with the other users. Working together with others and appreciating different viewpoints are important aspects of the Cartier Crops experience.
Don’t Attack Members or Their Content: Continued and sustained personal attacks, harassment or bullying are not allowed on Cartier Crops, we seek to maintain a lively yet respectful community that embraces and explores differences of opinion and beliefs. Please Read Section 7 for more information about our harassment and bullying policies.
Use Good Judgment and Be Empathetic: When interacting with others on Cartier Crops, try to see the world from their perspective. People contribute to the Cartier Crops community in their own way. Disputes between members can occur when differing cultural norms create a misunderstanding, as many things are acceptable in some cultures and unacceptable in others.
Member Interactions: It is okay to disagree. In fact, alternative points of view are a key part of cultural exchange as long as your comments are civil. Remember to give the impression of assuming goodwill on the part of the person with whom you are disagreeing.
Retaliation Is Not Okay: It is never okay to violate Cartier Crops policies, even in response to another person who has done so.
Illegal or ‘Illicit’ Sales/Transactions are Not Allowed. Please help us maintain the safety and future of our community by not conducting any illegal or illicit transactions on Cartier Crops.
4. Your Cartier Crops Account and Account Security
To use certain features of our Services, you may be required to create a Cartier Crops account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Cartier Crops if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
5. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Cartier Crops the following license to use that Content:
We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
Any ideas, suggestions, and feedback about Cartier Crops or our Services that you provide to us are entirely voluntary, and you agree that Cartier Crops may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
6. Third-Party Content, Advertisements and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Cartier Crops and the rules for your promotion must require each entrant or participant to release Cartier Crops from any liability related to the promotion.
VOTES; CONTESTS; SWEEPSTAKES
You may have opportunities to vote or enter contests and sweepstakes on Cartier Crops. You may also have opportunities to enter giveaways on the Cartier Crops App. By participating in any of these, you must first agree to the terms set forth in respect to each contest, as well as any other terms and conditions we may post with respect to such contest or sweepstakes. In addition, we may conduct programs that do not require sign-up or registration, in which we provide you with a gift or giveaway, for example, as a “thank you” for a post, and/or feature or highlight your post or User Content. You agree that we may conduct these programs and use your User Content and/or posts for them as provided for in these Terms.
7. Things You Cannot Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to su*****@ho********.com.
When accessing or using our Services, you will not:
Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;
Use the Services to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights;
Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Cartier Crops;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Intentionally negate any user’s actions to delete or edit their Content on the Services; or
Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
Harassment, including but not limited to the following, is unacceptable and prohibited:
Offensive comments related to gender, sexual orientation, race, religion, disability, etc. (including offensive user names)
Use of nudity and/or sexual images (including presentation slides).
Abusive or threatening language.
Deliberate intimidation, stalking or following including seeking out uninvited personal contact with Cartier Crops employees or customers via personal phone or email, harassing materials, photography or recording.
Inappropriate physical contact (at any Cartier Crops or industry events), and/or unwelcome sexual attention.
Making unjustified accusations against other user(s).
Personal attacks, including hurtful, insulting or hostile comments.
8. Copyright, the DMCA & Takedowns
We respect the intellectual property rights of others. Accordingly, we have a policy of removing user content that violates copyright law, suspending access to the Cartier Crops App (or any portion thereof) by any user who uses the Cartier Crops App in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Cartier Crops App in violation of copyright law. These policies may apply to other forms of infringement. If you believe a user of the Cartier Crops App is infringing your copyright, trademark or other intellectual property right, please provide written notice to our agent. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated Honeycommb to the U.S. Copyright Office as the agent to receive notifications of claimed infringement relating to this Cartier Crops App (the “Designated Agent”). All such notifications relating to this Cartier Crops App must be a written communication and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Claims of infringement which include the above required information must be submitted to the Designated Agent as follows:
Places App, Inc
DBA Honeycommb
Email: co*******@ho********.com
U.S. Mail: 405 Lexington Avenue, 32nd Floor, New York, NY 10174
Upon receiving a proper notification of copyright infringement as described above, we or Honeycommb will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512. If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14) business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
Repeat Infringer Policy: Our intellectual property policy is to (a) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Cartier Crops App; and (b) remove any User Content uploaded to the Cartier Crops App by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Cartier Crops App and for whom we have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. We have discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement or upon our own determination.
9. INDEMNITY. You agree to indemnify and hold Cartier Crops (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Cartier Crops reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Cartier Crops. Cartier Crops will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. DISCLAIMERS
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND 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, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Cartier Crops (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Cartier Crops (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Cartier Crop’s (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Cartier Crops IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Cartier Crops Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Cartier Crops Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Cartier Crops Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Cartier Crops will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Cartier Crops Account or deletion of your User Content.
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. The laws of the state of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of San Francisco County, California, and you and Cartier Crops consent to personal jurisdiction in those courts.
13.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at su*****@ho********.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address:
Cartier Crops
PO Box 6664
Vallejo, CA 94591
13.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. GENERAL
14.1 No Support or Maintenance. You acknowledge and agree that Cartier Crops will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.2 Changes to Terms of Use. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
14.3 Copyright/Trademark Information. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”). Google Play™ is a trademark of Google, LLC. You acknowledge and agree that You are not permitted to use Cartier Crop’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, Cartier Crops App LLC, Apple, or the owners of such third-party marks.
14.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and Cartier Crops only, and not Apple, and (ii) that Cartier Crops, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Cartier Crops and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cartier Crops.
(d) You and Cartier Crops acknowledge that, as between Cartier Crops and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Cartier Crops acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Cartier Crops and Apple, Cartier Crops, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and Cartier Crops acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
14.5 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Cartier Crops of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Cartier Crops. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cartier Crop’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
