Terms of Service

APPLICATION OF THESE TERMS OF USE
PRIVACY POLICY
ACCESSING THE APP AND SERVICES
PROPRIETARY RIGHTS AND YOUR USE OF THE APP
YOUR COMMUNICATIONS TO THE APP
ELECTRONIC COMMUNICATIONS
PERMITTED USES
MERCHANTS
USER CONTRIBUTIONS
MONITORING AND ENFORCEMENT; TERMINATION
CONTENT STANDARDS
RELIANCE ON INFORMATION POSTED
THIRD-PARTY LINKS
ADVERTISING
APP STORES
PREMIUM APP SUBSCRIPTION
FEDERAL AND STATE LAWS
MINIMUM AGE
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
INDEMNIFICATION
COPYRIGHT COMPLAINTS
INJUNCTIVE RELIEF
MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
OTHER TERMS
QUESTIONS

1. APPLICATION OF THESE TERMS OF USE

The mobile application on which this Terms of Use ("Terms") appears is owned and operated by Halfbaked LLC ("Halfbaked," "we," "our," or "us"). For purposes of these Terms, "App" includes our mobile application and "you" or "your" means the person accessing the App and any persons that allow others to provide information about themselves to us. The App may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, "Services").

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE APP IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE APP IF YOU VIOLATE THESE TERMS.

BY DOWNLOADING THE APP, YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE APP OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP, ANY SERVICES AVAILABLE THROUGH THIS APP, OR ANY INFORMATION CONTAINED ON THIS APP.

BY DOWNLOADING THE APP, YOU AGREE THAT YOU RESIDE IN A STATE WHERE MEDICAL OR RECREATIONAL CANNABIS USE IS LEGAL. YOU ARE RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH ALL STATE AND LOCAL LAWS AND REGULATIONS REGARDING CANNABIS USE, POSSESSION, AND DISTRIBUTION. THE APP IS NOT AVAILABLE FOR USE IN STATES OR JURISDICTIONS WHERE CANNABIS IS ILLEGAL.

2. PRIVACY POLICY

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

3. ACCESSING THE APP AND SERVICES

We reserve the right to withdraw or amend this App, and any Services or Materials we provide on the App, in our sole discretion and without notice. The App is not available for use in states or jurisdictions where cannabis is illegal. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period.

4. PROPRIETARY RIGHTS AND YOUR USE OF THE APP

The App and its original content, features, and functionality are and will remain the exclusive property of Halfbaked and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Halfbaked.

5. YOUR COMMUNICATIONS TO THE APP

By providing your email address, you agree to receive emails from us. You also agree that we may send you notices, including those regarding changes to these Terms, by email. You may opt-out of receiving certain types of emails, but in doing so, you may not receive emails necessary for your use of the App.

6. ELECTRONIC COMMUNICATIONS

The communications between you and Halfbaked use electronic means, whether you visit the App or send us emails, or whether Halfbaked posts notices on the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Halfbaked in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Halfbaked provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

7. PERMITTED USES

You are permitted to use the App for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms. Prohibited uses include, but are not limited to, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or in order to transmit unwanted commercial information.

8. MERCHANTS

Halfbaked may provide you with the ability to purchase products or services from third-party merchants through the App. You acknowledge that in such cases, Halfbaked is not a party to the transaction, and Halfbaked is not responsible for any claims you may have regarding such transactions.

9. USER CONTRIBUTIONS

The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the App.

10. MONITORING AND ENFORCEMENT; TERMINATION

Halfbaked reserves the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Halfbaked; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; and (v) terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms.

11. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

12. RELIANCE ON INFORMATION POSTED

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

13. THIRD-PARTY LINKS

The App may contain links to other sites and resources provided by third parties, including our affiliates. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. ADVERTISING

Halfbaked may display advertisements and promotions from third-party advertisers through the App. Your dealings or correspondence with, or participation in promotions of, advertisers other than Halfbaked, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

15. APP STORES

You acknowledge and agree that these Terms are between you and Halfbaked, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Halfbaked.

16. PREMIUM APP SUBSCRIPTION

Halfbaked may offer a premium subscription-based version of the App ("Premium App Subscription"). If you purchase a Premium App Subscription, you will be required to provide payment information and to pay the applicable subscription fee. Your Premium App Subscription will automatically renew at the end of each subscription period, unless you cancel your subscription through the App or through your account with the app store through which you purchased the Premium App Subscription.

17. FEDERAL AND STATE LAWS

These Terms will be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.

18. MINIMUM AGE

The App is intended for users who are 21 years of age or older. By using the App, you represent and warrant that you are at least 21 years of age.

19. DISCLAIMER OF WARRANTIES

The App is provided "as is" and "as available" and without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

20. LIMITATION OF LIABILITY

In no event will Halfbaked, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, any websites linked to it, any content on the App or such other websites or any services or items obtained through the App or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

21. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Halfbaked, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the App.

22. COPYRIGHT COMPLAINTS

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below.

23. INJUNCTIVE RELIEF

The parties agree that breach of these Terms would cause Halfbaked irreparable injury, for which monetary damages would not provide adequate compensation, and that injunctive relief will be appropriate in the event of such a breach.

24. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HALFBAKED HAVE AGAINST EACH OTHER ARE RESOLVED.

25. OTHER TERMS

These Terms constitute the sole and entire agreement between you and Halfbaked with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

26. QUESTIONS

For questions about these Terms, please contact us at: jsum1329999@gmail.com

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