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.”
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:
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.
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.
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.
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.
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: firstname.lastname@example.org
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.
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
DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
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
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.
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.