Terms of Service
United Cannabis Group, LLC. allows free access to all licensed Cannabis business owners, investors, and relevant associates in the industry top view the UCG Site (collectively, the “Users”) to review businesses and provide reviews and ratings on a variety of service companies (collectively, a “Service Provider”) with whom they wish to do business with or have had actual experiences. As a Service Provider, on behalf and as representative of a Service Provider (“You” or “Company”), You are permitted to use the web site (www.THEUCG.Biz) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by United Cannabis Group from time to time at United Cannabis Group sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof.
In consideration of United Cannabis Group granting the Company access to its Website and the information contained therein, and in order to use the Website, you must read and accept all the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
TERMS AND CONDITIONS:
1. Users may submit a review or report and other information (collectively, “Member Content“) on any Service Provider with which they have communicated whether work was completed or not. If the Company disputes any Member Content, the Company’s sole course of action with respect to such Member Content as it relates to United Cannabis Group and the Website is to utilize the Services (as defined below) which are available online at the Website.
2. By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to “Vendor Response”, the ability to review Member Content pertaining to the Company, the ability to submit responses to Member Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by United Cannabis Group and such other services that United Cannabis Group may offer to Service Providers from time to time (collectively, the “Services“).
3. By agreeing to the Terms and Conditions of this Agreement, United Cannabis Group grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Member Content or any Member profiles) or Services for any commercial or other purpose, without the express written consent of United Cannabis Group.
4. United Cannabis Group does not endorse and is not responsible or liable for any Member Content, VENDOR Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, United Cannabis Group. The statements, information and ratings contained in any Member Content are solely the opinion of the Member submitting such Member Content and do not reflect the opinion of United Cannabis Group or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
5. The Company acknowledges and understands that United Cannabis Group simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Member Content and VENDOR Content. United Cannabis Group does not have any duty or obligation to investigate the accuracy of Member Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Member Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “VENDOR Content“). Under no circumstances will United Cannabis Group be liable in any way for any Member Content or VENDOR Content including, but not limited to, any Member Content or VENDOR Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Member Content or VENDOR Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise. The Company hereby waives any claims, rights or actions that it may have against United Cannabis Group or any of its affiliates or subsidiaries with respect to any Member Content or VENDOR Content and releases United Cannabis Group and each of its affiliates and subsidiaries from any and all liability for or relating to Member Content or VENDOR Content. The Company agrees to indemnify and hold United Cannabis Group and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against United Cannabis Group with respect to any statements made by a Member or Member Content submitted by a Member which is communicated, posted or published by United Cannabis Group on its Website or to a third party.
6. The Company acknowledges and agrees that the Company can neither require United Cannabis Group to place the Company on its Website nor remove the Company or any Member Content from United Cannabis Group. The Company further acknowledges and understands that the Company is not a Member of United Cannabis Group, cannot refer to itself as a Member of United Cannabis Group, and is not afforded the same access to the Website as a Member nor the benefits afforded to a Member.
7. Vendor Content shall not contain any unauthorized content which includes but is not limited to:
a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.);
b. Comments that do not address the Member Content or comments with no qualitative value as determined by United Cannabis Group in its sole discretion;
c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
d. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
e. Language that violates the standards of good taste or the standards of the Website, as determined by United Cannabis Group in its sole discretion;
f. Content determined by United Cannabis Group, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
g. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
h. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that United Cannabis Group in its sole discretion may remove without notice any VENDOR Content or any portion thereof that United Cannabis Group believes violates the foregoing.
8. United Cannabis Group may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
9. Although United Cannabis Group does not claim ownership of any VENDOR Content or other communications or materials submitted by or given by the Company to United Cannabis Group, by providing VENDOR Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to United Cannabis Group an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such VENDOR Consent and to prepare derivative works of, or incorporate into other works, such VENDOR Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing United Cannabis Group with VENDOR Content, the Company automatically grants United Cannabis Group all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of VENDOR Content on the Website or in any other medium by any other party. No compensation will be paid with respect to United Cannabis Group use of VENDOR Content. United Cannabis Group is under no obligation to post or use any of VENDOR Content or maintain VENDOR Content. United Cannabis Group may remove VENDOR Content at any time in United Cannabis Group sole discretion.
10. It is the Company’s sole responsibility to review and monitor any Member Content regarding the Company that is posted by Users and to submit responses it deems necessary to any Member Content. United Cannabis Group does not have any obligation to provide a notice or update to the Company with respect to any new information or Member Content that it learns of or receives about the Company from its Users.
11. The Company has the sole responsibility of updating all its information on the Website including, without limitation, the Company’s description and profile information.
12. The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy United Cannabis Group, any Member Content, any Member profiles, VENDOR Content (including VENDOR profiles) or any other content contained on the Website or any other publication of United Cannabis Group. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
13. The Company hereby represents and warrants to United Cannabis Group that (a) all information provided to United Cannabis Group by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to United Cannabis Group. United Cannabis Group is authorized by the Company to rely upon the truthfulness, completeness and accuracy of VENDOR Content to serve its Users.
14. The Company acknowledges that the Website utilizes one or more website analytic services, including, without limitation, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. United Cannabis Group uses the information collected by these service providers to improve the usability and other features of the Website.
15. The Company acknowledges that United Cannabis Group will use the telephone numbers, email addresses and facsimile numbers that are submitted to United Cannabis Group in connection with registering with United Cannabis Group to contact the Company with information regarding United Cannabis Group. United Cannabis Group agrees not to sell, trade, rent or share such information with any third parties.
16. To the extent a third-party post or submits any VENDOR Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any VENDOR Content or information posted or submitted by such third party.
17. The Company agrees unless expressly authorized by United Cannabis Group not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Member Content, any Member profiles, any VENDOR profiles, or any other content from the Website or United Cannabis Group including, without limitation, any reviews or ratings or any other content contained in any Member Content.
18. United Cannabis Group is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “United Cannabis Group”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, United Cannabis Group does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
19. United Cannabis Group reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) membership status, negative and/or positive remarks, (b) status privileges within the company, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any United Cannabis Group’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
20. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for United Cannabis Group to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay United Cannabis Group the following amounts as liquidated damages, which the Company accepts as reasonable estimates of United Cannabis Group’s damages for the specified breaches of this Agreement:
(a). If the Company posts VENDOR Content in violation of this Agreement, the Company agrees to promptly pay United Cannabis Group One Thousand Dollars ($1,000) for each item of VENDOR Content posted in violation of this Agreement. United Cannabis Group may (but is not required) issue the Company a warning before assessing damages.
(b). If the Company exploits for any purpose (commercial or otherwise) any Member Content, Member profiles or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.
(c). If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Member Content, any member profiles, VENDOR content (including VENDOR profiles) or any other content contained on the Website or in any other publication of United Cannabis Group, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.
(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by United Cannabis Group to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT UNITED CANNABIS GROUP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF UNITED CANNABIS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES“), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR VENDOR CONTENT; (D) VENDOR CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY MEMBER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY UNITED CANNABIS GROUP OR THE FAILURE OF UNITED CANNABIS GROUP TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY MEMBER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
TO THE EXTENT UNITED CANNABIS GROUP IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, UNITED CANNABIS GROUP’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
22. This Agreement and the relationship between the Company and United Cannabis Group will be governed by the internal laws of the State of Colorado, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the state or federal courts located in Denver, Colorado and waives any defense of lack of personal jurisdiction or improper venue or forum non-convenient to a claim brought in such court, except that United Cannabis Group may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
23. The Company agrees to indemnify and hold United Cannabis Group and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of United Cannabis Group.
24. United Cannabis Group may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. United Cannabis Group will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
25. The Company agrees that United Cannabis Group shall be entitled to payment from the Company for all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by United Cannabis Group in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
26. The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. United Cannabis Group is not responsible for any delays, failures or other damage resulting from such problems.
27. This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of United Cannabis Group’s rights if United Cannabis Group fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and United Cannabis Group agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and United Cannabis Group because of this Agreement or use of the Services.
28. The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.