TERMS OF SERVICE, CANNAMLS.COM

 

1. GENERAL

 

CannaMLS provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. By accessing or using CannaMLS, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and CannaMLS. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on CannaMLS as set forth to users upon access to such categories or services. CannaMLS may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of CannaMLS . 

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of CannaMLS, in which case any continuing access or use of CannaMLS is unauthorized. By using CannaMLS services you implicitly agree to these terms.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on CannaMLS. CannaMLS  is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access CannaMLS and use CannaMLS, in whole or in part, including but not limited to CANNAMLS intellectual property therein, solely in compliance with the TOU.

 

2. MODERATION

 

CannaMLS has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via CannaMLS  by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of CannaMLS) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that CannaMLS , in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). CannaMLS may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. CannaMLS action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive CannaMLS' right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by CannaMLS or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, " CannaMLS Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither CannaMLS nor Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although CannaMLS Representatives may moderate content, conduct and TOU compliance on CannaMLS  at CannaMLS's discretion, CannaMLS Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of CannaMLS will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of CannaMLS will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any CannaMLS Representative (or by anyone else acting on behalf of CannaMLS or by anyone purportedly acting on behalf of CannaMLS ) that CannaMLS  (including but not limited to any CannaMLS  Representative, anyone else acting on behalf of CannaMLS , or anyone purportedly acting on behalf of CannaMLS ) would or would not prevent, restrict, redress or regulate content (including , without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is non-binding and unenforceable. Specifically, you agree that CannaMLS, CannaMLS Representatives and anyone else authorized to act on behalf of CannaMLS shall in no circumstance be liable as a result of any representation that CannaMLS, a CannaMLS Representative or anyone else on behalf of CannaMLS would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by CannaMLS's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

CannaMLS also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of CannaMLS  at any time without notice. CannaMLS and CannaMLS Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

 

3. CONTENT AND CONDUCT

 

a. Content

CannaMLS does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from CannaMLS  includes but is not limited to: (1) illegal content (Which may very by state); (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services(where state and federal laws may apply; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including  but not limited to false, fraudulent or misleading responses to user ads transmitted via CannaMLS); (6) malicious content (including , without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to CannaMLS  would violate these TOU or CannaMLS's other legal rights; and (8) content which contradicts state regulations regarding. Other content prohibitions are set forth in guidelines for particular categories or services on CannaMLS and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to CannaMLS, and you represent and warrant that you have the right to grant and assign to CannaMLS, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including , without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to CannaMLS  all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including  but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold CannaMLS and CannaMLS Representatives harmless from and against any third-party CannaMLS aim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including  but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including , without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CannaMLS or CannaMLS Representatives.

b. Conduct

CannaMLS does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to CannaMLS, and, if you create an account on CannaMLS, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold CannaMLS and CannaMLS Representatives harmless from and against any third-party CannaMLS aim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to CannaMLS, and related to or arising out of any conduct or activities on, through or by use of your CannaMLS account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CannaMLS or CannaMLS Representatives.

 

4. POSTING AND ACCOUNTS

 

This section 4 applies to all uses and users of CannaMLS, unless CannaMLS has specifically authorized an exception to a particular term for a particular user in a written agreement. CannaMLS has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a.    Postings

The same or substantially similar content may not be posted in more than two CannaMLS categories. A user may post content only in the two CannaMLS categories to which it is most relevant, and must not post content to inappropriate categories. 

A user may post the same or substantially similar content no more than once every 48 hours.

Users may not circumvent any technological measure implemented by CannaMLS to restrict the manner in which content may be posted on CannaMLS or to regulate the manner in which content (including  but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent CannaMLS  accounts, including  phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited to post content to CannaMLS using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to CANNAMLS  for each instance of access to CannaMLS  (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on CannaMLS. Users may not post content or communicate with any CannaMLS user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b.    Accounts

A user may maintain and use no more than two accounts to post content – a personal account and a business account. 

 

5. UNAUTHORIZED ACCESS AND ACTIVITIES

 

This section 5 applies to all uses and users of CannaMLS, unless CannaMLS has specifically authorized an exception to a particular term for a particular user in a written agreement. CannaMLS has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of CannaMLS for its users, access to CannaMLS  and/or activities related to CannaMLS  that are harmful to, inconsistent with or disruptive of CannaMLS  and/or its users' beneficial use and enjoyment of CannaMLS  are expressly unauthorized and prohibited. For example, without limitation:

The collection of CannaMLS  users' personal information (including  but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose other than contacting individuals to discuss cannabis matters to which the user has opted in in their account page.

Any copying, aggregation, display, distribution, performance or derivative use of CannaMLS  or any content posted on CannaMLS  whether done directly or through intermediaries (including  but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access CannaMLS  without individual written agreements executed with CannaMLS that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant CannaMLS  website, service, forum or content; (b) they access CannaMLS  from a stable IP address using an easily identifiable agent.

If you access CannaMLS or copy, display, distribute, perform or create derivative works from CannaMLS  webpages or other CannaMLS intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on CannaMLS or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of CannaMLS webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of CannaMLS pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of CannaMLS in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including  but not limited to posting voluminous content) that are inconsistent with use of CannaMLS  in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of CannaMLS  in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

 

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

 

CannaMLS and CannaMLS Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. 

You agree to indemnify and hold CannaMLS and CannaMLS Representatives harmless from and against any third-party CannaMLS aim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CannaMLS or CannaMLS Representatives.

 

7. FEES

 

CannaMLS may charge a fee to post content or for other features, products, services or licenses. You are responsible to CannaMLS for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize CannaMLS, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by CannaMLS. Payments and purchases may not be canceled by the user, except as required by law. However, CannaMLS reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

 

8. DISCLAIMERS

 

YOUR ACCESS TO, USE OF AND RELIANCE ON CANNAMLS AND CONTENT ACCESSED THROUGH CANNAMLS  IS ENTIRELY AT YOUR OWN RISK. CANNAMLS (INCLUDING , WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, CANNAMLS  ALSO DISCANNAMLS AIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF CANNAMLS  AND CONTENT ACCESSED THROUGH CANNAMLS ; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF CANNAMLS  OR CONTENT ACCESSED THROUGH CANNAMLS ; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF CANNAMLS  OR CONTENT ACCESSED THROUGH CANNAMLS  (INCLUDING , WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON CANNAMLS  OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

 

9. LIMITATIONS OF LIABILITY

 

CANNAMLS  AND THE CANNAMLS  REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON CANNAMLS  OR CONTENT ACCESSED THROUGH CANNAMLS  BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CANNAMLS  OR CONTENT ACCESSED THROUGH CANNAMLS , INCLUDING  BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING , WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CANNAMLS  OR ANY CANNAMLS  REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF CANNAMLS OR CONTENT ACCESSED THROUGH CANNAMLS; ANY INABILITY TO ACCESS OR USE CANNAMLS OR CONTENT ACCESSED THROUGH CANNAMLS; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF CANNAMLS OR CONTENT ACCESSED THROUGH CANNAMLS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF CANNAMLS OR CONTENT ACCESSED THROUGH CANNAMLS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON CANNAMLS AND LINKS IN CONTENT ACCESSED THROUGH CANNAMLS ).

You hereby release CannaMLS and each of the CannaMLS’ Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all CannaMLS aims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to CannaMLS  or content accessed through CannaMLS, or any interactions with others arising out of or related to CannaMLS  or content accessed through CannaMLS, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to CannaMLS aims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. NOTIFICATION OF CANNAMLS AIMS OF INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including  trademark rights) have been otherwise violated, please notify use immediately here.

 

11. INJUNCTIVE RELIEF

 

You acknowledge and agree that any violation or breach of the TOU may cause CannaMLS immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, CannaMLS has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including , without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to CannaMLS in law or in equity, Canals  may seek specific performance of any term in the TOU, including  but not limited to by preliminary or permanent injunction.

 

12. DAMAGES

 

In addition to any injunctive relief, you agree to pay to CannaMLS  the total amount of all actual damages (including  but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. 

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of CannaMLS's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

 

13. PREMIUM MEMBERSHIPS

 

As premium CannaMLS member you are subject to the same guidelines under the TOU. Accounts not in good standing maybe terminated without notification.  No refunds shall be issued for premium members.

Premium content is the sole property of CannaMLS, and its representatives, and premium member caught redistributing CannaMLS material shall be prosecuted to the fullest extent of the law.

 

14. MISCELLANEOUS

 

These TOU constitute the entire agreement between you and CannaMLS and supersede any prior written or oral agreement. Other than the CannaMLS Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU. 

Any and all CannaMLS aims, causes of action or disputes (regardless of theory) between you and CannaMLS  arising out of or related to the TOU, CannaMLS  or content accessed through CannaMLS  shall be governed by the laws of the State of Washington without regard to conflict or choice of law principles. You and CannaMLS agree that any such CannaMLS aims, causes of action or disputes shall be brought exclusively in courts located within the King County, Washington, and you and CannaMLS agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such CannaMLS aim or cause of action within one year after such CannaMLS aim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

 

15. REAL ESTATE JURISDICTIONAL TERMS

 

As with all real estate transactions, it is the buyer/lease who shall verify the suitability of the Property for Buyer’s intended purpose including but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will cost to do this. Buyer should not rely on any oral statements concerning feasibility made by the Seller, Listing Broker, Selling Broker or CannaMLS. Buyer should inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer’s inquiry shall include, but not be limited to: building or development moratoria applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid,; the procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and utility and any services connection charges; and all other charges that must be paid. User holds CannaMLS harmless for all fines fees and other associated costs