TERMS OF USE

October 2017

 

1. Introduction

 

DartRex welcomes you to the community. All services are provided to you, AS IS, and are subject to the following General Terms and Conditions of Service (“Terms”), which may be updated by us from time to time. You can review the most current version of the Terms at any time at: www.DartRex.com/terms. The Terms contained herein should be read by you (the “User”, “Users”, “You” or “Your”) prior to your use of any of the DartRex services. By accessing or using the DartRex website or related applications and Services, which is located at https://DartRex.com (the “Site”, “Website”) and any related services made available or facilitated by the Site (the “Services”), you (the “User”) agree to be bound by these Terms of Service (“Terms”).

The website located at www.Dartrex.com and all related mobile or software applications (collectively, the “Site”) are copyrighted works belonging to DartRex (“DartRex”“Us”“Our”, and “We”). DartRex provides medicinal marijuana resources via the Site, including news, directories for medical providers, retailers & dispensaries, ratings and user reviews, and other information and offers (collectively, the “End User Services”) to end consumers of the Site (“End Users”). DartRex also offers services to business operations, including but not limited to, medical providers, medicinal marijuana product manufacturers, dispensary and retailer clients (each, a “Member” and hereinafter also referred to as “you” and “your”) who may use the Site to list details concerning their services, contact information and products on a specific Member or product  page (each a “Member Page”) and otherwise promote their business on the Site (collectively, with other services provided through the Site to Members, the “Business Services”; the Business Services and End User Services are also collectively referred to as the “Services”). Certain features of the Business Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated into this Agreement.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

TO PROTECT YOUR OWN INTERESTS, YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE USING OUR WEBSITE AND RELATED APPLICATIONS AND SERVICES.  If you are uncertain as to your rights under these Terms or you require any explanation about them please contact Member support through this Member Service.

2. Acceptance of Terms

From time to time, you may be required to accept the Terms by clicking a checkbox or other method, as indicated; however, by using the Site, making use of any of the Services or accessing your DartRex account which services include, but are not limited to, any interaction whatsoever, with the DartRex Brand, website or any of the affiliated companies or partners (the “Services) you also further acknowledge that you understand and accept the Terms contained herein, as modified or as changed from time to time.

3. Member Eligibility and Account

By accessing or using the Site, you represent and warrant that you are at least 19 years old and have not previously been suspended or removed from the Site. You also represent and warrant that you are not a resident of any province, state, country or jurisdiction that would impose legal liability of any kind related to your use of the Site.

In order to use certain features of the Site and Business Services, you must create your end-user Member account (“Member Account”) online or by contacting DartRex via the Site. You represent, warrant, and agree that:

(1) All required registration information you provide to DartRex related to your Member Account is truthful and accurate; and

(2) You will maintain the accuracy of such information. Our Privacy Policy governs any & all personal information you provide to us during the account creation process. If you are creating a Member Page, then you represent that you are the owner or authorized agent of such Member. You are responsible for all changes and updates submitted through your Member Account, and all activities that occur in connection with your Member Account.  For clarity purposes, you are wholly responsible for your password protection and shall be liable for all activities that are undertaken using the Member Account together with the associated password.  You are fully responsible for keeping your account login details secure and agree not to share with any other person whatsoever and without limitation and you accept full responsibility for all activities and transactions that occur under your account.  You agree to immediately notify DartRex of any unauthorized use, or suspected unauthorized use of your Member Account or any other breach of security. DartRex cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Member Registration

Any Individual who meets the eligibility requirements in section 3 above may register an account.  Any individual may only register one account and registration using Post Office Boxes or equivalents is not permitted. You will be asked to provide certain personal details and particular information, which you must supply in order to utilize an account.  You understand, acknowledge and accept that you have consented to being contacted at the contact information that you have provided.   You verify and guarantee that all information You provide is complete, accurate and up to date, and you further guarantee to keep all information complete, accurate and up to date.

Without limitation, where DartRex deems you to be using your account for anything outside the stated purposes or in violation of these Terms, DartRex is authorized to close the account and take any remedial actions that are deemed necessary.

5. Disqualification

In the event of any abuse or unauthorized use of the Your account, due to actions or omissions of the User, which are in breach of these Terms or to the detriment of DartRex, DartRex shall reserve the right, at its sole discretion, to temporarily or permanently disqualify the user and disable its account.

Without limitation, it shall be a breach of these Terms if User provides any information that is false, inaccurate or misleading, and/where the User engages in any unlawful activity in connection with the Site, and/or where the User creates or attempts to create interference with the proper working of the Site, and/or where the User behaves in a manner that is unfair, unethical, uncivil or deemed to be the same by DartRex at its sole and unfettered discretion.

6. Cyber Security

Without limitation whatsoever, DartRex does not assume any liability, for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Site or e-mail with DartRex containing your personal information or any information held by the Site. You acknowledge, by your use of the Site you are assuming the risk of loss of data or interception of communications of any kind whatsoever.  In no event will the information you provide to DartRex create any fiduciary obligations for owed to You.  You understand that cyber attacks are a reality of transacting online and that DartRex has no liability associated or related to any such hack, attack or vulnerability.  In the event of an attack DartRex will act promptly to minimize any damage or inconvenience that may be associated with such an attack and you accept that this action may not avoid damages or loss and you fully accept that risk and indemnify DartRex against the same.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). DartRex therefore, provides no guarantee of the uninterrupted availability of the Site and technical systems and is providing you the services AS IS.  You acknowledge and agree that DartRex will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

7. Use of Services and Service Restrictions

The following sets forth DartRex’s Member Acceptable Use Policy

General Restrictions. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any Member Content that;

(1) Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(2) Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;

(3) Is in violation of any law, regulation, or obligations or restrictions imposed by any third party;

or

(4) In DartRex’s sole discretion, may attack or damage the reputation of your competitors or other Customers or End Users on the Site.

DartRex grants to you only a limited, nonexclusive and non-transferable licence which is always subject to these Terms, to access and use the Site, Services and Information related thereto only for the legitimate and accepted use of the Services.  Without limitation, DartRex reserves the unfettered right to determine what constitutes “Prohibited Use.” DartRex grants you access to the Website and is committed to maintaining an integral community for all its Users. You are strictly prohibited from using any third party External Assistance Software Programs that are not permitted by DartRex, which can include but is not limited to Bots, and/or data mining and/or any form of analytical tools in connection with the Site. In addition, you shall not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data, send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services, you shall not access the Site or Services in order to build a similar or competitive service.  Furthermore, you shall not collude with any other User, or individual on the Site, while using any of the services or accessing the Site; nor shall you behave, whether on the Site or by using any other communication medium whatsoever, in a manner that is unfair or dishonest or meant to influence or manipulate any aspect of the Site or broader community to the detriment of other users or the Site.

Where you engage in any of the activities described in this section and/or DartRex, at its discretion, determines that your behaviour constitutes “prohibited use” DartRex shall be entitled to subject you and/or your account to any of the remedies or actions prescribed in section 5 of these Terms.

You are also prohibited from accessing the Services where they are prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. DartRex is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction you are physically located in, while accessing the Services. You acknowledge that DartRex is not always able to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of your use of the Services and shall indemnify DartRex and bear any losses, claims, damages or fines claimed as a result of your use of these services. You warrant to DartRex that you are permitted by law to participate from your then jurisdiction. You shall only use the Services provided by DartRex if you are at least of the age of majority in the jurisdiction where you are physically located while accessing the Services, and you are not less than 19 years old.

DartRex reserves the right to refuse to process, or the right to cancel or reverse any transaction on the Site where DartRex suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime, as or if DartRex suspects the transaction related to Prohibited Use as stated in our Terms of Use.

8. Payment Terms

Business Services may be offered on a paid or a free basis. If you order a paid Business Service, you agree to pay the then-current applicable Business Service fee listed on the Site or quoted to you by DartRex in writing. DartRex accepts payment by bank check, money order, or Interac. In the event that you cancel a Business Service or it is otherwise terminated in accordance with Section 10, reactivation of your Member Account and related Business Services may be subject to additional reactivation fees in DartRex’s sole discretion. ALL PAYMENTS ARE NON-REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO CANCELLATION OR TERMINATION OF SERVICES. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month. If late-payments are not remedied within seven (7) days after receiving notice of non-payment, then DartRex;

(1) may provide any priority Business Services you have ordered to another paying Member (e.g., any ad space that you have reserved,

(2) may permanently revoke any existing offers related to pricing or discounts,

and

(3) may terminate the applicable Business Service.

9. Intellectual Property, Copyright and Trademarks

The mark DartRex(s), DartRex, logos and design marks are trademarks of DartRex or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Site are the property of their respective owners. DartRex claims copyrights in all content of this site and promotional materials. Consequently, if you believe that some content on the site or connected with it is in violation of a copyrights, trademarks, trade dress or other proprietary or intellectual property rights please send us the information required to properly investigate in accordance with the Digital Millennium Copyright Act.  Any third-party content that is accessible via the services is for use at your own risk only and DartRex does not control or verify or endorse such content whatsoever.  Excluding your Member Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in the Site and Services are owned by DartRex or DartRex’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. DartRex and its licensors reserve all rights not granted in this Agreement.

“Member Content” means any and all information and content that a Member submits to, or uses with, the Site or Services including advertisements, Member business name, address, and other contact information (“Member Business Information”), coupons, promotional codes, giveaways, samples and other offers listed by you on the Site (collectively, “Deals”), photos, or other information uploaded by Member to the Site. You are solely responsible for your Member Content. You assume all risks associated with use of your Member Content, including any reliance on its accuracy, completeness or usefulness by other users of the Site and Services, or any disclosure of your Member Content that makes you or any third party personally identifiable. You hereby represent and warrant that your Member Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your Member Content is in any way provided, sponsored or endorsed by DartRex. DartRex is not obligated to backup any Member Content and Member Content may be deleted at any time. You are solely responsible for creating backup copies of your Member Content if you desire.

You hereby grant, and you represent and warrant that you have the right to grant, to DartRex an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Member Content (including, as applicable, your Member Pages), and to grant sublicenses of the foregoing, for the purposes of including your Member Content in the Site and Services and developing and distributing new, original content for use in conjunction with the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Member Content. Some of your Member Content (including, as applicable, your Member Pages) may continue to be publicly displayed and distributed on the Site and Services following termination or expiration of this Agreement.

10. Compliance with Applicable Law & General Restrictions

These Terms and your use of the site shall be governed by the laws of Canada and the Province of British Columbia without regard to conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or British Columbia court of competent jurisdiction, sitting in British Columbia.  In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

You may not use the Services to post or communicate any information in contravention of any applicable laws or regulations. All the Member Content you post on the site must comply with all applicable laws, whether federal, provincial, or municipal, including, without limitation, those regulating the advertising of cannabis or cannabis-related products and provision of any Deals. You must comply with all applicable laws, regulations, and industry standards in conducting your business, and in the event that any person, entity, or government authority accuses you of any illegal or unethical conduct, DartRex shall have the right in its sole discretion to immediately suspend or terminate Your use of the Site and Services upon notification.

 Medicinal Marijuana Description Restrictions. Without limiting the generality of the foregoing, you may not use the Services to post or communicate any information (including Member Content) which;

(1) Makes any deceptive, false, or misleading assertions or statements about your products and/or services,

(2) Promotes over consumption of your products and/or services,

(3) Represents that the use of cannabis has curative or therapeutic effects,

(4) Depicts a child or other person under legal age, or otherwise suggests the presence of such person,

and

(5) is designed in any manner that would be especially appealing to persons under twenty-one years of age.

Reviews. You agree not to post reviews on the Site (using your Member Account or any other DartRex End User account) that are;

  • About your own cannabis dispensary, retail location, and/or medical provider entity or a competitor’s cannabis dispensary, retail location, or medical provider entity

and

  • Your products or competing products.

Reviews based on secondhand, non-personal experience, or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience, are not allowed.                 In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site must not;

1) Be written exclusively in capital letters,

(2) Contain personally identifying information about any person,

(3) contain spam or advertisements,

(4) contain references to products, cannabis dispensaries, retail locations, and/or medical providers other than the product or entity being reviewed,

(5) contain overly detailed descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals,

(6) Be plagiarized,

and

(7) contain unrelated personal grievances.

11. Indemnity

You agree to indemnify and hold DartRex (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of;

(1) your use of the Site or Services,

(2) your interactions with any other users of the Site or Services (including other Members or existing or potential Members),

(3) your Member Content,

(4) your violation of this Agreement,

and

(5) your violation of applicable laws or regulations.

DartRex reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DartRex. DartRex will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Release

You hereby release and forever discharge DartRex (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Members or End Users.

13. User Complaints

DartRex, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. DartRex expects the same from Users. If a User does not make an attempt to resolve a dispute before initiating a claim procedure, User account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Site Member Service by e-mail.

14. Privacy and the Protection of Data

The protection of your data is very important to us.  For more information on the collection, processing, and use of personal data, please read our Privacy Policy, which is incorporated herein, by reference.

15. General

This Agreement between DartRex and User is binding on the parties and on their respective successors and assigns. The User may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations related thereto, without DartRex’s prior written consent.

DartRex has the right to revise and amend these Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting DartRex’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in DartRex system capabilities.

This Agreement and any operating rules for the Site established by DartRex constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

16. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Site

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER DARTREX, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, PARTNER COMPANIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE PROVIDED THROUGH THE WEBSITE.

THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARTREX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DARTREX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, SERVER FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DARTREX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL DARTREX BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DARTREX NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED IN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER DARTREX, ITS AFFILIATES, INFORMATION PROVIDERS NOR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. IN ADDITION THERETO, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. USER FURTHER ACKNOWLEDGES THAT THEIR USE OF THE SERVICES ARE LEGAL IN THE JURISDICTION THAT THEY ARE ACCESSING THE SERVICES FROM AND AGREES TO INDEMNIFY DARTREX FOR ANY LOSSES RESULTING FROM A COURT DETERMINATION THAT THEIR USE OF THE SITE IS ILLEGAL OR IN VIOLATION OF ANY STATUTE, LAW or COMMON LAW.