Last updated on February 24, 2019

BY USING OR VISITING THIS WEBSITE, whatishemp.com and all mobile websites and applications associated therewith (collectively, the “Site“) and content available through the whatishemp.com domain name and any other affiliated domain name, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the “Terms of Use”).

The Site is an information service made available to you by WhatisHemp, LLC (“WhatisHemp”, “we” or “us”). All of the content, software and services available through the Site, whether offered by WhatisHemp or a third party link provided by the Site are the “Services.”

Please read the Terms of Use carefully before using the Services. If you do not understand and accept the provisions set forth in the Terms of Use, do not use the Services or access the Site.

ACCEPTANCE OF TERMS OF USE

YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT:

  • You will use the Services in accordance with the Terms of Use and any additional terms, conditions, rules or procedures imposed by WhatisHemp or by third party content or service providers that may apply, and applicable laws and regulations;
  • You agree to be bound by the terms and conditions of our Privacy Policy, which are incorporated herein by reference;
  • These Terms of Use are a legally binding agreement and the equivalent of a signed written contract; and
  • You have received, understood, and accepted these Terms of Use and the terms of our Privacy Policy.

YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF WHATISHEMP’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE. FROM TIME TO TIME, WE MAY PROVIDE ADDITIONAL SERVICES. YOU MAY BE ASKED IN THE FUTURE TO AGREE TO ADDITIONAL TERMS BEFORE YOU CAN ACCESS THESE ADDITIONAL SERVICES. REGARDLESS OF WHETHER THIS OCCURS, YOUR CONTINUED USE OF THE SITE OR SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS.

ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION

You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services.

By using the Services, you indicate that you have reviewed and understand the information outlined in WhatisHemp’s Privacy Policy (“Privacy Policy”).

Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.

USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES

You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.

Without limiting the forgoing, you agree not to:

  • Use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without WhatisHemp’s express prior written approval and, if then, solely in accordance with terms and conditions imposed by WhatisHemp with respect thereto;
  • Not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
  • Disclose personal information and/or collect information about others, including email addresses, without their prior consent; or
  • Violate any applicable domestic or international laws or regulations.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms of Use. WhatisHemp reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that WhatisHemp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

VIOLATION OF TERMS OF USE

You agree that WhatisHemp, in its sole discretion, may suspend or terminate your access to the Services for any reason whatsoever. WhatisHemp may also, in its sole discretion, discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services may be implemented without prior notice. WhatisHemp reserves the right to bar any further access to such files or the Services. You agree that WhatisHemp shall not be liable to you or any third party for any termination of your access to the Services or Site.

WHATISHEMP CONTENT

The Services contain content, information, materials, computer code and software, of WhatisHemp (“WhatisHemp Content”) which is protected by copyright, trademark, patent, trade secret and other laws and WhatisHemp either owns and retains or licenses all Intellectual Property Rights (as defined below) in the WhatisHemp Content, Site and Services. WhatisHemp hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the WhatisHemp Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms of Use. Copying or downloading these materials for anything other than your personal use is a violation of these Terms of Use. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing).

You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by WhatisHemp or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the WhatisHemp Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of WhatisHemp and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content from the Services.

You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent any WhatisHemp Content or other content appearing on the Site.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that materials hosted by the Site infringe your copyright, you may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing WhatisHemp with the following information in writing:

  • A signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your name, address, telephone number, and email address and all other information reasonably sufficient to permit WhatisHemp to contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WhatisHemp actual knowledge of facts or circumstances from which infringing material or acts are evident.

Notice of claims of copyright infringement can be made as follows:

 

Email for notice: admin@whatishemp.com

EXTERNAL LOCATIONS AND LINKING

The Services may contain links to third party sites and the ability to access external portions of the Internet. You agree that WhatisHemp is not responsible for the availability of these third party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by WhatisHemp of those other websites or online services, the content displayed therein, or the persons associated therewith. You acknowledge that some third party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive. You agree to access third party sites at your own risk and not to permit minors to have access to inappropriate material. You agree that WhatisHemp shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against WhatisHemp, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.

MODIFICATION; TERMINATION

The Terms of Use set out the legally binding terms for your use of the Services.

We reserve the right to change, modify, add to or remove all or part of the Terms of Use at any time and such modification shall be effective upon posting by WhatisHemp to the Site. Otherwise applicable sections of the Terms of Use shall survive termination. You agree to check the Terms of Use for updates on a regular basis and to discontinue use of the Site if you do not agree with the then operative Terms of Use.

You agree to be bound to any changes to the Terms of Use when you use Services after any such modification is posted. If you do not consent to any of the changes of the Terms of Use, your only remedy is to terminate your use of the Services. Your failure to terminate use of the Services shall constitute acceptance of the changes to the Terms of Use.

We also reserve the right to seek all remedies available at law and in equity for violations of the Terms of Use. Upon termination, you must cease all use of the Services, including any of the WhatisHemp Content.

INDEMNIFICATION; LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless WhatisHemp and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services (including, without limitation, your User Content and your use of any WhatisHemp Content); (ii) your online conduct; (iii) your violation, breach or alleged breach of these Terms of Use; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person; or (vi) any of your dealings or transactions with other persons resulting from use of the Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATISHEMP NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATISHEMP OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE TERMS OF USE OR SERVICES.

DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THE TERMS OF USE).

WITHOUT LIMITING THE FOREGOING, NEITHER WHATISHEMP NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. WhatisHemp shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site.

ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHATISHEMP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER WHATISHEMP NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER WHATISHEMP NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WHATISHEMP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GOVERNING LAW; ARBITRATION

The Terms of Use and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of Colorado governing contracts entered into and to be fully performed in Colorado (i.e., without regard to conflict of laws provisions) regardless of your location. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

Any dispute, claim or controversy arising out of or relating to this Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Denver, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each party is to bear its own costs and fees.

MISCELLANEOUS

The Terms of Use are effective until terminated by either party. Users may terminate the Terms of Use by discontinuing their access the Site or Services. The privileges granted to you under the Terms of Use will terminate immediately and automatically without notice from WhatisHemp if, in its sole discretion, you fail to comply with any term or provision of the Terms of Use. Upon such termination (i) all licenses granted by WhatisHemp to you hereunder will terminate and you will no longer have permission to access the Site or Services; and (ii) the following rights and provisions shall survive in perpetuity: (a) all licenses granted hereunder by you to WhatisHemp; (b) all provisions of these Terms of Use entitled “Limitation of Liability and Indemnification”, “Disclaimers; Limitations; and Waivers of Liability”, all other disclaimers of warranties and liabilities by WhatisHemp, and (c) all provisions providing, in whole or in part, that users shall defend, indemnify and hold harmless WhatisHemp or third parties.

The Terms of Use contains the entire understanding of you and WhatisHemp and supersedes all prior understandings of the parties hereto relating to the subject matter hereof and cannot be changed or modified by you except by a writing signed by an authorized signatory for WhatisHemp.

If any provision of the Terms of Use is found to be invalid, illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

CONTACT US

If you have questions about these Terms of Use or your use of the Services, please contact us through the website contact us page.