Terms of Service
Effective Date: September 26th, 2024
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Leafology Cannabis Company (“Company,” “we,” “our,” or “us”) regarding your access to and use of the website located at leafologycannabiscompany.
1. Acceptance of Terms
By accessing or using the Websites, you hereby represent and warrant that you have the legal capacity to enter into these Terms and agree to be legally bound by the provisions herein. Your use of the Websites constitutes an express and irrevocable acknowledgment and acceptance of these Terms and any applicable policies, including our Privacy Policy and Accessibility Statement.
2. Use of Websites and Services
You agree to use the Websites solely for lawful purposes and in a manner consistent with all applicable local, national, and international laws and regulations. Without limiting the generality of the foregoing, you agree not to:
- Upload, post, transmit, or distribute any content that is illegal, harmful, abusive, defamatory, obscene, or otherwise objectionable, as determined in the sole discretion of the Company.
- Violate or infringe upon the intellectual property or privacy rights of any third party.
- Interfere with or disrupt the security, operation, or functionality of the Websites or its services.
- Engage in any conduct that could damage or impair the Websites, the Company, or its users.
3. Binding Arbitration Clause
Mandatory Arbitration. By agreeing to these Terms, you agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Websites, or any other matters connected with the Websites shall be exclusively resolved through final and binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTES OR CLAIMS. YOU AGREE TO INDIVIDUAL ARBITRATION ONLY.
Location and Procedure. Any arbitration shall take place in New York, unless otherwise mutually agreed by the parties. The arbitration will be conducted in the English language before a single arbitrator. Each party shall bear its own costs of arbitration unless the arbitrator rules otherwise.
4. Waiver of Jury Trial and Class Actions
You expressly and irrevocably waive any right to a jury trial in any legal proceeding arising out of or related to these Terms. You further agree that you will not bring or participate in any class action, class arbitration, or other representative proceeding against the Company.
5. Disclaimer of Warranties
THE WEBSITES, ITS CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:
- Your use of or access to the Websites.
- Any violation of these Terms or any applicable laws.
- Any infringement or violation of any third-party rights.
8. Intellectual Property Rights
All content, including text, images, graphics, logos, and software available on the Websites, is the property of the Company or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. Unauthorized use of any content is strictly prohibited. You may not copy, reproduce, distribute, transmit, or create derivative works from any material without the prior written consent of the Company.
9. Acknowledgment of Accessibility
The Company is committed to ensuring that the Websites is accessible to all individuals, including those with disabilities. By using the Websites, you acknowledge and agree to the terms of our Accessibility Statement, and you further agree that any complaints or concerns regarding accessibility shall be resolved in accordance with Section 3 (Binding Arbitration).
10. Modifications and Termination
The Company reserves the right to modify, suspend, or discontinue the Websites or any of its services at any time without notice. We may also revise these Terms at our sole discretion by posting an updated version on the Websites. Any modifications shall take effect immediately upon posting. Your continued use of the Websites following the posting of modifications shall constitute your acknowledgment and acceptance of the updated Terms.
11. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of law principles. Subject to the arbitration provisions set forth in Section 3, any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in New York, New York, and you consent to personal jurisdiction and venue in such courts.
12. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms, together with any additional policies referenced herein, constitute the entire agreement between you and the Company concerning your use of the Websites and supersede any prior agreements or communications, whether written or oral.
14. Contact Information
For questions or concerns regarding these Terms, please contact us at info@leafologyny.com.
