Terms & Conditions
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and Briteside Holdings LLC, and its subsidiaries and affiliates (collectively, “BRITESIDE” or the “Company”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and/or accessing, downloading, installing or using any associated application or website provided by the Company (including without limitation, the BRITESIDE website located at the Company website www.brtside.com (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time on the BRITESIDE website or through the Service.
DISCLAIMER & ACKNOWLEDGMENT
THE COMPANY IS NOT A CANNABIS COLLECTIVE OR COOPERATIVE (“DISPENSARY”). THE COMPANY DOES NOT SELL CANNABIS. BRITESIDE OFFERS PRE-VERIFICATION OF USERS AND PROVIDES USERS’ INFORMATION TO DISPENSARIES, AND A METHOD TO CONNECT WITH A DISPENSARY. IF THIRD-PARTY DELIVERY SERVICES ARE USED IN CONNECTION WITH THIS APPLICATION, THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH SERVICES PROVIDED TO YOU BY THIRD PARTIES.
ACKNOWLEDGMENT OF FEDERAL LAW. User expressly acknowledges that BRITESIDE is for residents with laws regulating medical or the recreational use of cannabis only and that cannabis collectives and patients are established pursuant to their respective State laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act (21 U.S.C. § 811). Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.
ACKNOWLEDGMENT OF STATE LAW. User expressly acknowledges that the use, possession, cultivation, transportation and distribution of cannabis is illegal unless all participants are acting completely within the scope of the state in which the User is located.
ACKNOWLEDGMENT OF THE LAWS OF USER’S STATE OF RESIDENCY. The Company has its principal place of business in Oregon. Even though the BRITESIDE Application may be accessed outside of Oregon the Service is currently available only to Users and Dispensaries located in Oregon. In all events, you must abide by and follow the laws of the state in which you are a resident. User expressly acknowledges and assumes full responsibility for cooperating with the laws of the state of user’s residency.
TERMS & CONDITIONS OF SERVICE
The terms and conditions stated in this Agreement constitute a legal agreement between you and the Company. In order to use the Service (defined below) and the associated Application (defined below) you must agree to the Terms and Conditions that are set out below. By using or receiving any services provided to you by the Company (collectively, the “Service”), and downloading, installing or using any associated application supplied or website provided by the Company which purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the Company website www.brtside.com or through the Service.
The Company is willing to license, not sell, the BRITESIDE Application to you only upon the condition that you accept all the terms contained in this Agreement. By signing up with or by using the BRITESIDE Application, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then the Company is unwilling to license the BRITESIDE Application to you.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
The BRITESIDE Application provides the communication structure to enable a connection between persons (“Users”) and third party Dispensaries who provide cannabis collective or cooperative membership opportunities. This Agreement describes the terms and conditions that will govern your use of and participation in the BRITESIDE Application.
KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Company Content” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Company Content and User Content.
REPRESENTATIONS AND WARRANTIES
Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that advertises any illegal service or the sale of any items which are prohibited or restricted by the laws of your State; c) attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BRITESIDE Application (including the BRITESIDE website). By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age or other restrictions, you must abide by such age limits or other restrictions and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18).
By using the Application or Service, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, country, state and city in which you are present while using the Application or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
1) You will only use the Service or Application for lawful purposes; you will not use the Service for sending or storing any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable.
2) You will not use the Service or Application to engage in spamming, engage in phishing attacks, or cause other nuisance, annoyance or inconvenience.
3) You will not impair the proper operation of the network.
4) You will not try to harm the Service or Application in any way whatsoever. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or Application.
5) You will not use any spider, site search/retrieval application, robot, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the the Service, the Application, or their contents.
6) You will not restrict or inhibit any other visitor from using the Service or the Application, including, without limitation, by means of “hacking” or defacing any portion of the Service or the Application.
7) You will not copy or distribute the Application or other content without written permission from the Company.
8) You will not “frame” or “mirror” any part of the Service and the Application without the Company’s prior written authorization.
9) You will only use the Application and Service for your own use and will not resell it to a third party.
10)You will not express or imply that any statements you make are endorsed by the Company, without the Company’s prior written consent.
11) You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
12) You will provide us with whatever proof of identity we may reasonably request.
13) You will at all times act in full compliance with the laws of your State pertaining to medical and/or the recreational use of cannabis collectives and/or cooperatives.
The Company may, in its sole discretion, seek your consent to this Agreement and certain other agreements through the Service or the Application by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance of terms, affirmatively “click” on boxes containing the words, “I Accept,” “I Agree,” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before giving your electronic signature. By electronically indicating your agreement to terms and conditions, accessing the Service or the Application, or using any of the information or Content after you have had an opportunity to review the terms, you acknowledge and agree: (i) that you and, where applicable, the customer and/or primary caregiver on whose behalf BRITESIDE grants you access to the Service and/or the Application intend to form a legally binding contract between you and BRITESIDE; (ii) that you have read and agree to the terms and conditions; (iii) that you agree and intend that the terms and conditions are the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to the terms and conditions, you acknowledge that you have received a copy of the terms and conditions by your viewing a web page containing a hyperlink to the web page where the terms and conditions are displayed or otherwise; and (v) that if you are executing the terms and conditions on behalf of others, you hereby certify that you are an authorized representative authorized by law.
The Service and the Application may allow you to rate the Dispensaries (“Ratings”). Ratings are considered content and are governed by this Agreement including, but not limited to, your agreement regarding the standards of conduct set forth herein. Ratings do not reflect the views of the Service, the Application, or the Company. BRITESIDE strives to maintain a high level of integrity with its Ratings and other content. All Ratings must be legitimate. Any Rating that BRITESIDE determines, in its sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the Ratings, the content, the Service, and/or the Application, may be removed without notice.
LICENSE GRANT, RESTRICTIONS, AND COPYRIGHT POLICY
LICENSES TO COMPANY CONTENT AND USER CONTENT GRANTED BY COMPANY
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
LICENSE GRANTED BY USER
BRITESIDE may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application, without notification to and/or approval by you. Company does not claim any ownership rights in any User Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that the Company may verify your medical recommendation and may share your identification, your medical recommendation and the results of the medical recommendation verification with any Dispensary with that you join or transact with through the Company.
CREATING AN ACCOUNT
Under some circumstances, as part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Service and/or the Application to any third party, that it is a violation of this Agreement to sell or divert in any way the product received to any other person and/or entity, and you hereby represent and warrant that you will not engage in any such activities; otherwise, BRITESIDE may immediately terminate your access and use of the the Service and/or the Application in the event it suspects you are violating this provision. If you have reason to believe that your account with BRITESIDE is no longer secure, you must immediately notify us by emailing us at firstname.lastname@example.org.
By becoming a User, you expressly consent and agree to accept and receive communications from us and/or Dispensaries that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by the Company, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your User account or use of the BRITESIDE Application or Services, updates concerning new and existing features of the BRITESIDE Application, communications concerning promotions run by us or third party Dispensaries, and news concerning the Company and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the BRITESIDE Application or the Service. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the BRITESIDE Application or the Service.
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store, Android Market, Amazon App Store, BlackBerry App World, Samsung Apps Store, Nokia OVI store, and Windows marketplace for Mobile (“App Store Sourced Application”), you will use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the App Store Sourced Application Terms of Service. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
FEE AND REFUND POLICY
Any fees that the Company may charge you for the Application or Service are due immediately, and all sales are final. The Company has no obligation to provide a cash refund of any amounts previously paid regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever.
The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
Failure to resolve outstanding debts will result in accounts being transferred to a collections agency. Accounts that are sent to collections will be responsible for all collections-agency related fees.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Any such promotions shall be made subject to its particular terms, and unless expressly provided otherwise shall expire ninety (90) days following the date of the promotion offer. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service or Application.
INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. In particular, Company is not a party to any transaction that a User may enter into with a Dispensary or third party payment processor. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, OWNERS, AGENTS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, OWNERS, AGENTS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, OWNERS, AGENTS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY DELIVERY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING DELIVERY SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY DELIVERY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY DELIVERY SERVICE PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY DELIVERY SERVICE PROVIDERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH THE COMPANY MAY OFFER DELIVERY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE.
THE QUALITY OF THIRD PARTY DELIVERY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO A DELIVERY SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
BRITESIDE will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of the Company, including natural disasters, acts of God, war, terrorism actions, DNSSEC attacks, or decrees of governmental bodies, exchange of market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (“Force Majeure Events”). All of the obligations of BRITESIDE with respect to the affected elements under this Agreement will be suspended for the duration of such Force Majeure Event(s).
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by sending an email to: email@example.com; Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
This Agreement and any right, obligation, or remedy hereunder may not be assigned, transferred, or delegated by you without the prior written approval of the Company but may be assigned, transferred, or delegated without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Informal Dispute Resolution. If you have any issues or problems concerning the Service and/or the Application, we encourage you to notify the Company immediately at firstname.lastname@example.org so that we can attempt to resolve your issue. Most issues or problems can be resolved quickly and amicably. However, in the event that that you or the Company are unable to come to an amicable resolution within 15 days of your submission, you or the Company may bring a formal proceeding.
Formal Dispute Resolution - Binding Arbitration. You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879, and Demand for Arbitration forms are found there as well.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Tennessee and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in Deschutes County, Oregon. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $20,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The written decision of the arbitrator will be final, binding, and non-appealable and may be enforced in any court of competent jurisdiction.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Confidentiality. The arbitration proceeding will be confidential. The existence of any matter submitted to arbitration, and the award, will be kept in confidence by you, BRITESIDE, and the arbitrator, except as required in connection with the enforcement of such award or as otherwise required by applicable law.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to email@example.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Any heading, caption, or section title contained in the Agreement are inserted only as a matter of convenience and in no way define or explain any section or provision hereof, and the singular shall include the plural and the plural the singular.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Our Service may use location-based services in order to locate you so that we may verify your location, deliver you relevant content based on your location, and share your location with the pre-registered delivery and dispensary service providers as part of the location-based services we offer.
Information Third Parties Provide About You
We may receive information about you from our affiliates, from any other Users of the Service, or from any other third parties that may provide us information we deem relevant to your use of the Service. BRITESIDE may at its sole discretion collect and use this information as Personal Information.
Interactions with Third Party Sites
The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party web site or application; for example, interaction with the Dispensary’s website. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. BRITESIDE may at its sole discretion collect and use this information as Personal Information.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Compliance
The HIPAA Privacy Rule establishes standards to protect Users’ individual’ medical records and other personal health information. The Service has appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
However, we may use your Personal Information, Demographic Information or Usage Information at BRITESIDE’s sole discretion for various purposes, including but not limited to:
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
How and When Do We Disclose Information to Third Parties?
1) When You Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third party privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
2) Administrative and Legal Reasons. We may disclose Personal and Usage Information when subpoenaed by law enforcement; to protect the Service; and to detect or prevent misuse, fraud, security, or technical issues or where otherwise required to do so by law.
Information User Discloses
User Information and Communications
The user is responsible for maintaining the truthfulness and accuracy of the information you submit to us, such as the user’s contact information and doctor recommendation information provided as part of registration. The Service will disable a user’s account if the information provided is determined to be false or no longer current.