Terms of Service
Customer Terms of Service for Be Kind Production.
These Terms of Service (“Terms of Service”) govern the use of the cannabis product ordering and delivery service (“Service”) that Be Kind Production. (“Be Kind” or “us” or “we”) makes available to an individual consumer (“you” or “your”) via our website located at www.bekindproduction.com (the “Website”).
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
By accessing or using the Service or the Website, you expressly accept all of the provisions of these Terms of Service and represent to us that you are an age legally permitted for ordering cannabis products for the state or province in which you are located, and you are legally competent to enter into and agree to these Terms of Service. If you do not accept these Terms of Service, then you may not use the Service or the Website.
- ABOUT BE KIND PRODUCTION; ACKNOWLEDGEMENTS
- What Be Kind Production Does. Be Kind Production provides a marketplace where consumers can lawfully purchase cannabis products and you acknowledge that Be Kind Production does not provide medical advice via the Service, the Website, or otherwise.
- State or Provincial Law. You may only place orders, make reservations, or request deliveries for goods or services using the Service and the Website. You must use the Service and the Website at all times, including the manner in which you order, reserve, request delivery, pick up and pay for products, in compliance with the laws and regulations of the state or province in which you access the Service or the Website and all applicable federal laws, excepting only (if you are located in the United States) for federal laws and regulations related to marijuana (“Applicable Laws”). Depending on your location, payment for any goods or services may be made at a delivery location upon presenting your valid, government-issued identification, medical marijuana registration card, doctor’s recommendation, or such combination of the preceding documents or additional documents as may be required by Applicable Laws. You agree and acknowledge that certain features of the Service or the Website may not be available in certain states or provinces. For example, you may be able to request delivery of products in certain states or provinces, but not others.
- Federal Law. Be Kind Production makes no representation regarding the legality of the cultivation, manufacture, distribution and possession of marijuana, assisting with or conspiring to do the same, or any such activities by or through the Service or Website under United States federal law. You are responsible for any civil, criminal, or administrative investigations, proceedings or penalties that may result from Your use of the Service or the Website, and Be Kind Productions expressly disclaims any such liability or responsibility.
- YOUR ACCOUNT
- Creating an Account. In order to create an account (“Account”) and become a registered user of the Service, you must have a valid government-issued ID and are an age legally permitted for ordering cannabis products for the state or province in which you are located. You do not need to create an Account to use the Website, however, you will not be able to access certain features of the Website, place orders, make reservations, or request deliveries for products until you do so. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and phone number. If you intend to use the Service or the Website to order medicinal marijuana, you must also provide us with your medical marijuana card or doctor’s recommendation. You represent that any information you provide to us is true and accurate.
- Geolocation. In order to comply with state and provincial laws regarding the medical and/or recreational distribution, possession, and use of marijuana, Be Kind Production must be able to obtain your approximate geographic location, via IP address lookup or otherwise. If you access the Website via a mobile device and disable location services on that device, or otherwise elect not to provide us with information regarding your location, you will not be able to access certain features of the Website, place orders, make reservations, or request deliveries for products. Additionally, certain features of the Website may not be available depending on your location.
- Account Activities. You are the sole authorized user of your Account, and are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your Account. Be Kind Production has no control over the use of your or any other user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing firstname.lastname@example.org.
- Messaging. By providing your mobile phone number and/or email address through the Service or Website or to a Dispensary, you expressly consent to receive informational and transactional messages at the mobile phone number and/or email address provided to Be Kind Production. Consent is not required as a condition of your use of the Services or the Website. Standard per minute call and message and data rates may apply. You may opt-out of receiving these messages at any time.
- LICENSE and RESTRICTIONS; Ownership
- License Grant. Subject to your compliance with these Terms of Service, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Service and the Website, for your personal use only, and subject to the limitations set forth in these Terms of Services, including those in Section 3.3 below. We reserve any and all rights not expressly granted to you pursuant to these Terms of Service. The limited rights granted to you to access and use the Service and the Website comprise a limited license and do not constitute the sale of any software program.
- Fees. Be Kind Production charges fees for products as listed on the website.
- Use Restrictions.
- You agree that: (i) you will not use the Service or the Website if you are not fully able and legally competent to agree to these Terms of Service and of the required legal age; (ii) you will only use the Service and the Website in full compliance with Applicable Laws; (iii) you will not use the Service or the Website for sending or storing any material prohibited by Applicable Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you will not use the Service or the Website to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Service or the Website to cause nuisance, annoyance or inconvenience; (vi) you will keep secure and confidential your account password or any identification we provide you which allows access to the Service or the Website; and (vii) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.
- Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service or the Website in any unauthorized manner; (ii) use the Service or the Website in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Service, the Website, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service or the Website; (v) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Service or the Website; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Service, the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (vii) use any means to discover the source code of any portion of the Service or the Website; (viii) otherwise circumvent any functionality that controls access to or otherwise protects the Service or the Website; or (ix) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Be Kind Production and its licensors. If you breach these restrictions, you may be subject to damages.
- Ownership. The Service, the Website and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Service or Website, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), are owned by Be Kind Production and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.
- Feedback and Revisions. You do not acquire any rights or licenses under any of Be Kind Production’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Service. Any and all: (i) suggestions for correction, change and modification to the Service or the Website and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to Be Kind Production (collectively “Feedback”); and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Be Kind Production or otherwise relating to the Service or the Website (collectively, “Revisions”), are and will remain the property of Be Kind Production. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or the Website or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Be Kind Production and Be Kind Production may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to Be Kind Production any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Be Kind Production request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
- WARRANTY DISCLAIMER
THE SERVICE AND THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BE KIND PRODUCTION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
BE KIND PRODUCTION DOES NOT WARRANT THAT: (I) THE SERVICE OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE SERVICE OR THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SERVICE OR THE WEBSITE CAN OR WILL BE CORRECTED. FURTHER, BE KIND PRODUCTION DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM DISPENSARIES OR OTHER PARTIES THROUGH THE SERVICE OR THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF PRODUCTS OR GOODS ORDERED VIA THE SERVICES OR THE WEBSITE REMAINS SOLELY WITH YOU.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BE KIND PRODUCTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SERVICE OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BE KIND PRODUCTION’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO BE KIND PRODUCTION UNDER THESE TERMS OR SERVICE; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS.
- Indemnity. By agreeing to these Terms of Service and using the Service and the Website, you agree, TO THE MAXIMUM EXTENT PERMITTED BY LAW, that you shall defend, indemnify and hold Be Kind Production, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation of any Applicable Laws; (ii) your violation of any rights of any third party; or (iii) your negligence or willful misconduct.
- ARBITRATION AND CLASS ACTION WAIVER. If you are using the Service or Website in the United States, the following arbitration clause applies:
- Binding Arbitration. Any dispute or claim arising in any way from your use of the Service or the Website, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service or the Website in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
- No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
- Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
- Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: email@example.com. Be Kind Production will send any notice of dispute to you at the contact information we have for you.
- Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
- Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Be Kind Production will pay all other AAA and arbitrator’s fees and expenses.
- Individual Basis. To the fullest extent permitted by applicable law, you and Be Kind Production each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Be Kind Production each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
- Limitation Period. In no event shall any claim, action or proceeding by you or Be Kind Production be instituted more than one (1) year after the cause of action arose.
- Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
- Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Be Kind Production each agree to the exclusive jurisdiction of the Federal and State courts located in the northern district of California, and you and Be Kind Production each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
- Opting Out. If you do not want to arbitrate disputes with Be Kind Production and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Service or the Website.
- GENERAL PROVISIONS
- Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Service and the Website, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, the Service or the Website (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Service or the Website). If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Be Kind Production or you. Termination will not limit any of our other rights or remedies at law or in equity.
- Injunctive Relief. You agree that a breach of these Terms of Service will cause irreparable injury to Be Kind Production for which monetary damages would not be an adequate remedy and Be Kind Production shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- Notices. We may give notice to you by means of a general notice on the Service or the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to email@example.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
- Miscellaneous. These Terms of Service constitute the entire agreement of you and Be Kind Production with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Be Kind Production with respect to such subject matter are hereby superseded in their entirety. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Be Kind Production or pursuant to Section 8.5 of these Terms of Service. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Be Kind Production but may not be assigned by you without the prior express written consent of Be Kind Production. Any attempt by you to assign these Terms of Service without the written consent of Be Kind Production shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. If you are using the Service and Website from the United States, the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service and the Website. If you are using the Service and Website from any other country, the laws of that country shall govern your use of the Service and Website. Your use of the Service and the Website may also be subject to other local, state, provincial, or international laws.
- Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service on the Website and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Service or the Website after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service.
- Contact Us. If you have any questions regarding these Terms of Service, the Service or the Website please contact us at firstname.lastname@example.org.