Last Update 01/12/2022
These Terms are an express condition of, and governs your access to and use of, Bennabis Health’s (a)(i) websites, portals, applications (including mobile applications), channels, software, and widgets (including as embedded on sites owned by third parties), and (ii) social media pages and channels (collectively, the “Websites”), and (b) any services, features, media, functions, content, tools and links contained in or offered via the Websites (collectively, the “Services”).
Please also review Bennabis Health’s Medical Disclaimer which governs Bennabis Health’s Websites and Services and which you accept by accessing or using any of the Websites and Services.
Our Websites and Services are intended for adults only and require that users be no less than eighteen (18) years of age. Please note that certain of our Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable terms and conditions for such Websites and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites and Services) are prohibited from creating a User Account and profile, accessing our Websites or Services and/or ordering products on our Websites or Services. If you become aware that an underage user has created a User Account using false, stolen or otherwise misleading information, please contact us immediately at firstname.lastname@example.org
Your Right to Use the Websites and Services and its Contents
All materials on the Websites and Services, including but not limited to audio, images, software, text, artwork, video clips and other materials (the “Content”) are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Websites and Services or the Content. There are a number of proprietary logos, service marks, and trademarks found on the Websites and Services, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Websites and Services, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home or for legitimate and lawful business use. If you download any Content from the Websites and Services, you may not remove any copyright or trademark notices or other notices that accompany it.
Security of Electronic Transmissions
The Company takes reasonable measures to safeguard your personal information against unauthorized access, disclosure, copying, use or modification, whether or not in electronic format. We use reasonable industry-standard technological precautions, such as Secure Socket Layer technology in an effort to protect your personal information as you transmit it electronically from your computer to these Websites and, furthermore, to protect it from loss, misuse and unauthorized access, disclosure, alteration or destruction. Furthermore, the Company requires that employees and third-party administrators/processors access your personal information only on a “need-to-know” basis. However, internet transmissions are never completely private or secure. You understand that any message or information you send to the Websites and Services may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.
Other Websites and Services Links
The Websites and Services may contain links to other Internet websites on the World Wide Web. The Company provides such links for your convenience only and is not responsible for the content of any website linked to or from the Websites and Services. Links from the Websites and Services to any other websites and services do not indicate that the Company approves of, endorses, sponsors, or recommends that website and services. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website and services. We request that you not create a hyperlink of any kind to the Websites and Services from any other website and services without the prior approval of the Company.
Descriptions of Products and Services
The Company attempts to provide accurate descriptions of all products and services offered on the Websites and Services. However, we do not warrant that the product and service descriptions are complete or error-free.
Disclaimer of Warranties and Damages
YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES AND SERVICES) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT THE SERVER THAT MAKES THE WEBSITES AND SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITES AND SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE WEBSITES AND SERVICES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Choice of Law; Severability Clause
User Registration and Membership Accounts
In order to access or use some of the features of the Websites, you must first register and become a Bennabis Health member by creating an individual account for yourself and paying a Membership Fee.
Bennabis Health serves medical cannabis patients only. Therefore, in order to join Bennabis Health as a member, you must have a valid medical cannabis/marijuana card and provide the number of that card and the state that has issued it. Discounts are ONLY available at network dispensaries that accept your medical cannabis card. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your membership and refuse all current or future use of the Site.
By creating a User Account, you agree that:
1. You are at least eighteen (18) years of age (or twenty-one (21) years of age, as applicable) and able to form a legally binding contract;
2. You have not previously been suspended from using our Websites or Services or, if you have previously been suspended, it was a temporary suspension that has now expired;
3. You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person; (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (e) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
4. You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and will maintain and update it continuously and promptly to keep it accurate, current and complete;
5. You will not post libelous content or create false or misleading reviews or posts;
6. You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity;
7. You will not sell, transfer, assign, or provide a copy of, your account, account rights, user ID, password, API keys, menu embed code, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all of your Protected Information in strict confidence. You are solely responsible for doing so and for restricting access to your account so that others may not access any password-protected portion of the Websites or Services using your Protected Information;
8. You will immediately notify us of any unauthorized use of your Protected Information, or any other breach of security;
9. You will not share or allow any third party to utilize your account on your behalf or on a time share basis;
10. You will not create more than one account unless specifically authorized to do so;
11. You will not use Protected Information of others;
12. You will not take any action that may undermine the feedback or ratings systems of the Websites or Services;
13. You will not interfere with or disrupt any Website processes, servers, or networks supporting the Websites and/or Bennabis Health;
14. You will not use any robot, spider, scraper, survey, monitor, or other automated or similar means to access any web page or other asset contained in the Websites, Services, or Website Content (as defined below) for any purpose;
15. You will not bypass our robot exclusion headers, interfere with the working of our Services, features, or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
16. You will not export or re-export any Bennabis Health application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
17. You will not export any Website Content out of the jurisdiction in which it is intended or displayed;
18. You will not access the Websites or Services in order to build a similar or competitive Website or Service;
19. You will not circumvent any technical measures we use to provide Services; and
20. You will not assist any third party with any prohibited conduct above.
Your User Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent, in which case Additional Terms will apply.
User Accounts may only be set up by an authorized representative of the individual or business that is the subject of the User Account. If you believe that a User Account listed on any of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to email@example.com. Bennabis Health does not, however, review each User Account to determine if it was created by an appropriate party. In addition, Bennabis Health is not responsible for any unauthorized User Accounts that may appear on the Services.
We may offer you the ability to set preferences relating to your User Account, but changes to your settings may not become effective immediately or may contain errors, and options may change from time-to-time. Bennabis Health assumes no responsibility or liability for any issues, problems, or Content (as defined below) on your User Account.
Bennabis Health’s Right To Terminate Your Account and Pursue Violations
Termination of your User Account will: (i) deny you access to our Services; (ii) delay or remove User Content that you submitted or commented on; and (iii) remove any special status associated with your account(s). We may take technical and/or legal steps to prevent you from using our Websites and Services in the future. Bennabis Health has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Disclaimers and Acknowledgments
Bennabis Health Is A Technology Platform
You expressly agree and acknowledge that Bennabis Health (i) is a technology platform; (ii) is not a cannabis retailer, cultivator, or brand; (iii) does not itself provide delivery of any cannabis or process payments for cannabis; and (iv) does not itself cultivate, manufacture, package, label, test, or sell cannabis. The Network Dispensaries who list their cannabis-related or non-cannabis-related services or businesses on the Websites and Services are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. Bennabis Health has no responsibility or liability for any products or services offered by any Network Dispensary. Nor does Bennabis Health have any responsibility or liability for any reviews or statements posted on the Websites and Services regarding any products or services offered by any Network Dispensary.
Acknowledgment of U.S. Federal Law
Bennabis Health operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, manufacturing, distributing, dispensing, or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
Acknowledgment of State Law
You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence and in the state you are located, unless all participants are acting completely within the scope of the state’s applicable laws.
Acknowledgment of the Laws of Your Location
While the Websites and Services may be accessed from various locations, Bennabis Health only has Network Dispensaries located in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites and/or Services. Bennabis Health reserves the right to determine or change its Service Area in its sole discretion at any time.
Health Information/Medical Disclaimer
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites and Services or from Network Dispensaries have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products referenced on the Websites and Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Websites and Services. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE WEBSITES AND SERVICES. Please read the full text of Bennabis Health’s Medical Disclaimer.
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites and Services or from Network Dispensaries is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available on the Websites and Services is for general information or educational purposes only. Bennabis Health makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Websites and Services, and such information is subject to change without notice. You are encouraged to confirm any information obtained from the Websites and Services with other sources and review all information regarding any medical condition or treatment with your physician.
Bennabis Health does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, treatments, services, opinions, health care providers or other information that may be contained on or available through the Websites and Services.
Any testimonials found on the Websites and Services are based on the experiences of those providing the testimonial. You may have different results or experiences and should always discuss your options with your physician.