TERMS AND CONDITIONS—BUSINESS OWNERS
- OVERVIEW OF CBD MAP
This Terms and Conditions statement (herein as “TERMS”) is made and provided by Stalk Holdings LLC (Stalk Holdings LLC referred herein as “CBD MAP” or “us” or “we” or “our” or “its”) and it describes the rules that govern the use of our website (website referred herein as “Site) by CBD Businesses (CBD business referred herein as “you” or “your” or “users”) to advertise and list their CBD products and Services including locations. Stalk Holdings LLC is located at 1966 Hornblend St #5, San Diego, 92109, CA and we provide CBD listing Services in the US and the rest of the world (herein as “Services”).
Consent: By accessing our Site and joining the cannabis business directory, you hereby consent to abide by the agreement between you and us as stated in this TERMS and you also represent and warrant that you have the capacity to use our Services. Additionally, by using our Services on a company or entity’s behalf, you represent to us that you have the authority and capacity to represent such company or entity. If you do not agree or consent to the whole provisions of this TERMS, you should not access our Site or use our Services.
- LISTING TERMS
- Your Account: To enjoy CBD MAP’s Services by listing adverts of your CBD business products and services, you must have a CBD MAP account. This account will allow you to list the information about your business including reviews, contact information, and products. To enjoy premium features such as placing a permanent advert on our Site, you will be required to pay an additional fee which is subject to review and changes in the future. You may read the directive on the Site or simply contact us via firstname.lastname@example.org to walk you on how to upgrade to a premium business account.
- TERMS FOR PAYMENT
CBD MAP allows you to list your adverts for free but with limited features. To enjoy premium Services (“Gold Listing”) on your business account, you may need to pay a monthly fee of $19 for each listing. This comes with additional features which allow you to add details of your company such as images, videos, social media links, tags/keywords, etc. Payment for Services is done through your stripe account and other payments methods that may be available on the Site. The fees we charge for business accounts may be reviewed and changed in the nearest future at our discretion and fees, when changed, will not take effect until you exhaust your current 30 day subscription. By opening a business account, you agree to the fees we charge and you further agree to any changes that may be made to the fees in the nearest future.
You may cancel your business account at any time at your discretion. CBD MAP may also cancel or terminate your business account including your subscription if you breach or violate of any of the terms set forth in this TERMS. IF WE TERMINATE YOUR ACCOUNT DUE TO A BREACH OF THIS TERMS, THERE WILL BE NO FORM OF REFUNDS (WHETHER IN WHOLE OR PART) TO YOU FOR WHATEVER REASON.
Payment for Services will exclude levies, duties, and taxes imposed by authorities. You shall be liable for the payment of such levy, duty, or tax imposed by the authorities.
In relation to this TERMS, CBD MAP grants you a non-exclusive, non-transferable license to use the Site and your business account in accordance with the terms set-forth in this agreement. This license to use our Site comes with certain restrictions which include the following;
- You shall not resell, re-license, redistribute, assign, transfer, or collectively use your license for other purposes unless we say otherwise;
- You shall not disassemble, modify, reverse engineer or decompile any part of the Services and the Site;
- You shall not use the Site in order to build a competitive or similar service from it;
- You shall not, unless as stated herein, copy, distribute, reproduce, display, download, transmit or post any part of the Site or our Services by any means or in any form.
- INTELLECTUAL PROPERTY RIGHT
CBD MAP Services and all our Site Content including logos, trademarks, and service marks are CBD MAP’s sole property and are subject to copyright laws in the US and other trade conventions in other jurisdiction. Our Site Content includes but not limited to audios, software, website design, text, photos, images, videos, graphics, brand name, trade headers, source codes, and logos (“Site Content”). All our trademarks are registered under the local, state, and federal laws in the US. You shall not use the CBD MAP trademarks for activities that may cause confusion and misunderstanding, and you may not duplicate, imitate, copy, share, redistribute or otherwise use our Site Content without getting prior written consent from us. You may only use our Site Content for activities or purposes for which you paid for the Services.
- COPYRIGHT VIOLATIONS
CBD MAP respects and values all individual or entity’s intellectual property rights. Due to this, we implore and make it mandatory that our Site and business accounts do the same. There is a feature put in place by us which allows us to respect copyright laws. If we get a report of other business account and CBD MAP users or any third party violating the intellectual property of another, we will take the right steps to bring the property that has been violated down. To report any business or CBD MAP user who you believe has infringed on any of your intellectual property right in relation to the Services we render, you may need to reach out to us with the following information;
- Your signature (physical or electronic);
- How to identify the intellectual property which you believe has been infringed on;
- How to locate the intellectual property on our Site with the right and detailed information;
- Your contact information including your company information;
- A written statement by you which is made in good faith that the intellectual property infringed on or violated is truly your company’s, and that the infringer does not have your permission or consent to use it.
Our contact information to lay your claims:
Stalk Holdings LLC,
1966 Hornblend St #5,
San Diego, 92109, CA
- YOUR ADVERTS AND OTHER CONTENTS
- Content and Liabilities: As a registered user of the CBD MAP Site and Services, we grant you the ability and license to post or submit company name, products, adverts, and other company contact information, and any other content to your business account profile (collectively “Company Content”). You hereby agree that the Company Content you post will be accurate, complete, law compliant, non-copyright or other intellectual property right infringing. You also agree that your Company Content will NOT be indecent, harassing, racist, defamatory, false or misleading to other Site users. You shall not imply or state in any of your Company Content that CBD MAP supports, endorses or sponsors it. You also acknowledge that CBD MAP is not obligated to backup the Company Content you upload. We will not be responsible to you for any Company Content deleted if your subscription expires.
- License: You at this moment, grant CBD MAP a non-exclusive, irrevocable, fully-paid and royalty-free worldwide license to distribute, display publicly, reproduce, make copies of, edit or modify, and use your Company Content for marketing purposes on our Site and the growth of the Services.
- Feedback: If you provide CBD MAP any feedback, suggestion or comment (collectively “Feedback”) in relation to our Site or Services, you agree that CBD MAP shall retain the right to such Feedback and may edit and use such Feedback in any way we deem fit on the Site. Your Feedback will be deemed by us to be non-proprietary and non-confidential. You now agree that you shall NOT post any Feedback which you feel is non-proprietary and non-confidential to you.
- ACCEPATABLE USE AND OTHER PROHIBITED ACTIVITIES
The following are the set of rules that governs your use of our Site and Services;
- Compliance with the Law: You acknowledge and agree that your Company Content will conform to the applicable law or regulations including local, state, and federal laws of the United States and those laws that regulate the advertising of any cannabis-related products. If, under any circumstance, you are found to be running an illegal business by any entity, third party or government agency, we shall have the right to terminate or suspend your business account without refunds.
- Overview of Company Content: We grant you the license, in relation to your business account, to post any information to your Company Content that connects to any third party sites for aggregated cannabis locations, dispensaries or medical provider listings. Your Company Content must be managed and maintained accurately and must be current.
By using the Site and Services, you further acknowledge that you will stay away from the below-prohibited activities and will NOT transmit, collect, upload, distribute or display any Company Content that;
- infringes on any third party patent right, moral right, trade secret, trademark, publicity right, privacy right, and other intellectual property right (collectively “Copyright”);
- is harassing, unlawful, abusive, tortuous, harmful, threatening, privacy-invading, defamatory, false, vulgar, obscene, trade libelous, misleading, racist or pornographic- or otherwise harmful in any way to minors;
- is in any way breaching any regulation, law, obligations or restrictions imposed by any relevant entity, government agency or third party;
- is made or created intentionally to damage the reputation or goodwill of a competitor product or any third party;
- is any form promoting over-consumption of your services or products;
- represents a minor (child) or otherwise imply the presence of such minor;
- Transmitting, uploading or distributing any computer worms, viruses, Trojan horse or software that are intended to damage a part of the Site or Services;
- Is misrepresenting the real products manufactured or sold by you;
You further acknowledge that you will stay away from the following activities;
- Sending of unauthorized or unsolicited advertising, junk mail, promotional emails, pyramid schemes, and other contents (collectively “spam”) to other users or the Site;
- Gathering, collecting or compiling information about users of the Site without getting prior consent from them;
- Disrupting, interfering with or creating an unnecessary load on the servers that connect the Site and our Services which may prevent the smooth running of the Services;
- Impersonating or attempting to impersonate another user or entity in order to gain access to a part of the Site or our Services through means such as password mining;
- Constituting a nuisance by interfering and disturbing other users’ use of the Site;
- Using software or automated bots to create multiple accounts or gain access to a restricted part of the Site and Services.
- COMPANY CONTENT MONITORING AND ACCOUNT TERMINATION
- Content Monitoring: CBD MAP holds the sole right but is under no obligation to review, check, investigate or take action against you over any Company Content posted by businesses which we believe to be in violation or breach of this TERMS or other copyright or third party rights.
- Termination: The agreement between you and CBD MAP subject to this TERMS will remain in force and effect for as long as you visit our Site and use the Services. You may terminate your business account at any time by sending a termination request to us via email@example.com. You hereby acknowledge that CBD MAP may terminate, suspend or limit your business account (including your Company Content), this agreement, and your right to access the Site or use the Services if you violate or breach any of this TERMS. You further understand and agree that when your business account is terminated, your Company Content will also be terminated without us being responsible for anything you may lose to the termination.
- SERVICE DISCLAIMER
CBD MAP PROVIDES THE SITE AND SERVICES TO YOU ON “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WHETHER IT’S EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTY OF PURPOSE, FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS. WE FURTHER MAKE NO WARRANTY THAT THE SERVICES OR SITE WILL BE ALWAYS AVAILABLE, WILL AT ALL TIMES MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, WILL BE SECURED, WILL BE ERROR-FREE, WILL BE RELIABLE, AND WILL BE PRODUCTIVE TO YOUR EXPECTATION.
WITHOUT LIMITING THE ABOVE-MENTIONED STATEMENT, WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF OUR SITE OR SERVICES TO DISPLAY OR SHOW YOUR CANNABIS PRODUCTS OR SERVICES IS ACCEPTED LAWFULLY IN THE LOCATION YOU ARE. YOU ARE RESPONSIBLE FOR DETERMINNING AND COMPLYING WITH ANY APPLICABLE LAW OR REGULATION RELATING TO THE SALE OF YOUR CANNABIS PRODUCT AND SERVICES. BY USING THE SITE AND SERVICES, YOU DO SO AT YOUR OWN RISK.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, CBD MAP, EMPLOYEES, DIRECTORS, MODERATORS, AGENTS OR THIRD PARTY PROVIDERS SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, EXEMPLARY OR PUNITIVE DAMAGE INCLUDING DAMAGES INVOLVING LOSS OF PROFIT, LOSS OF DATA OR LOSS OF REVENUE THAT MAY HAPPEN DUE TO YOUR USE OR INABILITY TO ACCESS THE SITE OR USE THE SERVICES EVEN IF WE MAY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE HAPPENING. NOTWITHSTANDING THE LIMITATION OF LIABILITY STATEMENT ABOVE, CBD MAP’S LIABILITY TO YOU, IF FOUND LIABLE FOR ANY DAMAGE YOU MAY INCUR, WILL BE LIMITED TO THE SUM OF MONEY YOU PAID FOR ADVERTS IN THE PAST 12 MONTHS. PLEASE NOTE THAT IF THE CLAIM IS MORE THAN ONE, THIS WILL NOT INCREASE THE PAID IN THE 12 MONTH LIMIT STATED ABOVE.
- GOVERNING LAW
This TERMS and other CBD MAP agreements shall be governed and construed by the state laws of California and the federal laws of the United States in general without regards for any conflict of law.
You now agree and acknowledge that you will indemnify and hold CBD MAP, our employees, agents, third party service providers, directors, and moderators harmless from all kind of losses, liabilities, claims, fines, actions, penalties, and reasonable expenses including attorney’s fees that may arise from any claim or demand that is made by any third party arising from the following but not limited to; (i) your misuse or use of the Site and our Services; (ii) the Company Content you upload; (iii) your breach of this TERMS; or (iv) your breach of any local, state, and federal laws or statute.
CBD MAP reserves the right to take control, on your behalf, any action that requires you to indemnify us and you also agree to such controls. CBD MAP will notify you through your associated business email address of any claim or demand as we learn or become aware of it.
- MODIFICATION, CHANGES, AND UPDATES
CBD MAP, in our discretion, has the capacity to modify, change or update any part or feature of this TERMS, our Site and the Services in general with or without notices sent to you. You hereby agree that we will not be obligated to send you notices and you also agree that we will not be responsible to you for any modification, changes or updates made to this TERMS, Site and Services at a future time. If we are to send notices of modifications, changes or updates to this TERMS, Site, and Services, we will send such notification to your associated email address. You are hereby advised to register with a working business email address and check this page for possible modifications to this TERMS.
- LINKS TO OTHER SITES
The Site may contain links or ads posted by other sites (“Third Party Links”). These Third-Party Links are not under the control of CBD MAP and we make no warranty of their reliability, accuracy, and completeness. These Third Party Links are provided by these third party sites for their advertising needs and they have their individual terms governing them. By accessing any Third Party Link on the Site, you agree that you do so at your sole risk. CBD MAP will not be liable to you or any third party for any damage you may incur out of the Third-Party Link you access on the Site.
- Entire Agreement: This TERMS, unless we state otherwise, is the current and recognized agreement between you and CBD MAP and it surpasses all other terms that we may have made available before it.
- Severability: If a part, portion or a provision of this TERMS is found by a court having competent jurisdiction to be invalid, unenforceable or void, we will sever the part or provision that is found to be invalid, unenforceable or void while the other parts or provisions that are valid and enforceable will remain in force and full effect.
- No Waiver: If CBD MAP fails to enforce a part or provision of this TERMS at a particular time, it does not serve as a waiver of our rights to do so later.
- No Partnership: Nothing stated in this TERMS shall constitute an establishment of a partnership, joint venture or employment between you and CBD MAP. You further acknowledge and agree that CBD MAP is not obligated to provide any form of maintenance or support in relation to the Services rendered to you.
- No Assignment: We reserve the sole right to assign our obligations under this TERMS to assign our rights to employees, services providers, and third parties to perform tasks on our behalf. You, on the other hand, may not assign your rights under this TERMS to a third party. You shall not assign your account to another user to perform a task on your behalf. An action such as this is considered to be a violation of your obligations under this TERMS.
- CONTACT US
We welcome feedback, complaints, questions, suggestions, and advice. To reach us, use the contact information below;
Stalk Holdings LLC,
1966 Hornblend St #5,
San Diego, 92109, CA