Last updated: March 4, 2021 | Effective as of March 4, 2021
Terms and Conditions and Disclaimers
United Cultivation is an online information and product service provided by United Cultivation LLC, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. UNITED CULTIVATION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Site and Service.
The website www.unitedcultivation.com is a copyrighted work belonging to United Cultivation, a Massachusetts LLC, or its direct or indirect affiliates, subsidiaries, parent company, or other related companies under the United Cultivation umbrella. In this document, “us, our, we” is referring to United Cultivation. United Cultivation provides websites and software applications that contain information related to cannabis and cannabis related products which contain reviews and ratings provided by its users, information on our cannabis dispensary and all cannabis related content. This encompasses all services provided through our site. Certain features of the Sites or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Sites or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are United Cultivation, LLC. its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant United Cultivation a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by all means and in any media now known or hereafter developed. You also grant United Cultivation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against United Cultivation for any alleged or actual infringement or misappropriation of any proprietary right in your communications with United Cultivation.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of United Cultivation. Other product and company names mentioned in the Site may be the trademarks of their respective owners. The sites and services and all text, graphics, images, logos, icons, programs, software, data, content, information, reports and materials, whether tangible and /or intangible in any form and on or in media, and all intellectual property rights of United Cultivation.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the United Cultivation website, this website does not operate, control or endorse any information, products or services on the Internet in any way. Except for United Cultivation Website- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with the United Cultivation website. You also understand that the United Cultivation website cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. UNITED CULTIVATION PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDIS OR PRODUCTS PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND UNITED CULTIVAITON SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE UNITED CULTIVATION WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. UNITED CULTIVATION HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitations of Liability
IN NO EVENT WILL UNITED CULTIVAITON BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF UNITED CULTIVATION OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE UNITED CULTIVATION Website LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
United Cultivation makes no representations whatsoever about any other web site which you may access through this one or which may link to unitedcultivation.com. When you access a non-United Cultivation web site, please understand that it is independent from the United Cultivation website, and that the United Cultivation website has no control over the content on that website. In addition, a link to the United Cultivation website does not mean that United Cultivation endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless the United Cultivation website, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of Use of the Service and Indemnification are for the benefit of United Cultivation and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Copyright, Licenses and Idea Submissions, Use of the Service, Indemnification, Third Party Rights and Miscellaneous shall survive any termination of this Agreement.
United Cultivation and the site and services are in no way offering medical advice. United Cultivation does not offer medical advice of any kind. Any information accessed through the site and services, or within any of United Cultivation’s social media pages or channels is for informational and educational purposes only. This includes, without limitation, third party material, user content and United Cultivation generated content derived from user content.
Acknowledgement of the law and Eligibility.
You acknowledge that you understand the Massachusetts laws regulating the use of cannabis. You acknowledge that you must be 21 years of age to use the site or services.
While using certain features of the site or services, you must register an account with United Cultivation. You will provide certain information about yourself as prompted by the site registration form. You represent and warrant that all required information you submit is truthful and accurate and you will maintain the accuracy of such information at all times. You may delete your United Cultivation account at any time, for any reason, by sending an email to firstname.lastname@example.org. Include your username and request to delete your account. You are also responsible for maintaining the confidentiality of your account information and assume full responsibility for all activities that occur under your account. You must immediately notify United Cultivation of any unauthorized use or suspected unauthorized use of your account. United Cultivation will not be liable for any loss and damage arising from your failure to comply with the above requirements. Please note that any misrepresentation of material facts in a written notification automatically subjects the complaining party to liability for any damages, costs or attorney fees incurred by us in connection with the written notification and allegation of copyright infringement.
Text messaging. By using the services or software, you agree that United Cultivation and those acting on its behalf may send you text, SMS, messages at the phone number you provided us. If you change or deactivate your account, you must update your account information to help us from inadvertently communicating with anyone who acquires your old number. You may opt-out of receiving promotional text messages from United Cultivation at any time by replying STOP to a promotional text message. You may also opt back into receiving text messages at any time. You also agree that we send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in a promotional email. In the event you opt out of email and or text messages, we may still send you non-promotional emails or messages about your account or our ongoing business relations.
Any and all information and content that a user submits to or uses with our site or services, including but not limited to, user profile information, user reviews and/or postings. You acknowledge and agree that United Cultivation is not responsible for any user content, including completeness, accuracy, validity, copyright compliance, legality or responsibility to you or any other person or user for your use or misuse of any user content. You are solely responsible for your user content. You assume all risk associated with use of your user content. Do not provide any information or ideas that you consider to be confidential or proprietary.
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfactions by contacting customer support at email@example.com or coming into our store. If these efforts are unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute. The Notice should be sent to 601-603 Fitchburg State Road Ashby, MA 01431. If a dispute requires arbitration, it will be settled through binding arbitration through the rules of the American Arbitration Association for commercial arbitration. You and United Cultivation agree that any such arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between United Cultivation and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. United Cultivation’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. United Cultivation may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
These are legally binding terms of service. The agreement set forth for your use of site or services, you are accepting this agreement and you represent and warrant that you have the right, authority and capacity to enter into this agreement. You may not access or use the site or services or accept the agreement if you do not have the capacity or understand this agreement. If you are using the site or services on behalf of a company, entity or organization, you represent that you are the authorized representative of such company, entity or organization with the authority to bind it to this agreement.
United Cultivation contact information:
Please direct any concerns or comments about these terms and conditions to: firstname.lastname@example.org or 601-603 Fitchburg State Road. Ashby, MA 01431