TERMS OF USE— VISITORS AND USERS

  1. OVERVIEW OF CBD MAP

This Terms of Use statement (herein as “TERMS”) constitutes the agreement between users and Stalk Holdings LLC (Stalk Holdings LLC referred herein as “CBD MAP” or “us” or “we” or “our” or “its”) and it states the rules that govern users’ (users referred herein as “you” or “your” or “users”) access and use of our website (website referred herein as “Site”). It also constitutes your use of our Site to locate CBD businesses, dispensaries, and locations near you (referred herein as “Services”). 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.

Consent: By accessing our Site and using it to locate CBD businesses near you, 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, if you are using our Services as a representative of an entity, you covenant that you have the authority and permission of such entity to enter into a contract with us on their behalf. If you do not agree or consent to the whole provisions in this TERMS, you may not access our Site or use our Services.

 

  1. IMPORTANT DISCLAIMER AND THIRD PARTY CONTENT

THE BUSINESSES AND ALL THE INFORMATION RELATING TO THEIR SERVICES FOUND ON OUR SITE, ADVERTISEMENT, AND SOCIAL MEDIA PAGES ARE PROVIDED TO YOU FOR INFORMATIONAL USE ONLY. WE DO NOT WARRANT TO YOU THAT THE INFORMATION ON THE SITE INCLUDING BUT NOT LIMITED TO USER CONTENT (REVIEWS/FEEDBACK) AND THIRD PARTY CONTENT AVAILABLE ON ARE RELIABLE AND ACCURATE. WE ARE NOT OBLIGATED TO CHECK THE CONTENT POSTED BY A THIRD PARTY BUSINESS INCLUDING THE CBD BUSINESSES THAT ARE LISTED ON OUR SITE. ALSO, WE ARE NOT OBLIGATED TO CHECK THEIR SERVICES AND THEIR CONTENT FOR COMPLIANCE WITH THE RELEVANT LAW.

 

IN LIKE MANNER, WE DO NOT WARRANT TO YOU THAT THE INFORMATION YOU FIND ON OUR SITE WHICH MAY RELATE TO MEDICAL ADVICE ARE ACCURATE AND COMPLETE. THIS INFORMATION IS MERELY FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONDUCT FURTHER RESEARCH FROM A MEDICAL PRACTITIONER OR A QUALIFIED MEDICAL SOURCE BEFORE YOU USE SUCH INFORMATION. CBD MAP WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR FROM THE USE OF INFORMATION THAT ARE PROVIDED THROUGH OUR SITE AND OTHER CBD MAP CHANNELS.

 

  1. YOUR ACKNOWLEDGEMENT OF THE FEDERAL LAW

By using the CBD MAP Services, you acknowledge and agree that we offer our Services only to jurisdictions where the use of cannabidiol and its components are bound by their individual and respective state laws. The possession, distribution, manufacturing, and dispensing of marijuana is illegal under the federal laws of the United States and any individual caught in possession shall be arrested, tried and prosecuted accordingly. You further acknowledge that the use of marijuana for medical purposes is not an excuse under the federal laws.

THIS SECTION 3 AND SECTION 2 CLAUSE ABOVE DOES NOT WAIVE OUR RIGHTS IN THE GENERAL DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS IN SECTION 14 AND SECTION 15 RESPECTIVELY.

 

  1. YOUR ACCOUNT AND ELIGIBILITY
  • Eligibility: CBD MAP only makes the Site available for users that are 18 years old and above in the US. By using the Site and Services, you represent to us that you are at least 18 years old and above.
  • Your Account: To access our Site is free but you may not be able to use our Services unless you register as a user and provide us with some certain personal information. By creating an account through our Site, you warrant to us that the information you provided to us is accurate, complete, and NOT false. You also agree that you will update your account information as new developments sets in. For better functionality of the Site and Services, you shall not create more than one user account on CBD MAP. If you are caught with more than one user account, we may restrict or terminate your account with us.
  • Social Media Login: As a special function and for easy access to your user account, we allow social media sign-up or login. This feature allows you to sign up on the Site with some of your social media accounts such as Facebook, Google+, and Twitter. You acknowledge that by signing up or login into the Site with a social media account; we may get some certain information about you from that social media account.

 

  1. LICENSE

In relation to this TERMS, CBD MAP grants you a non-exclusive, non-transferable license to use the Site and the Content for your personal use alone and NOT for commercial purposes. This license to use our Site comes with certain restrictions which include the following;

  • You shall not resell, re-license, sell, redistribute, assign, transfer, or collectively use your license for commercial purposes;
  • You shall not disassemble, modify, reverse engineer or decompile any part of the Services and the Site; and
  • You shall not use the Site in order to build a competitive or similar service from it;

 

  1. 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 email address and check this page for possible modifications to this TERMS.

 

  1. CBD MAP COMMUNICATIONS

As a registered user of our Site and Services, you hereby agree that CBD MAP may send you operational and marketing notices to your associated email address that you have provided during your registration. These messages may include communications regarding your account and prior request, our promotional messages such as bonuses and new features, and sometimes, marketing emails that introduces features that we think matches your preference.

If you wish to opt-out of CBD MAP communications, you may do so by unsubscribing through any of the email messages sent to your email address or by messaging us at contact@cbdmap.com to walk you through it. However, you acknowledge that some certain features may not be available after unsubscribing from CBD MAP communications. To opt-back-in, you may also send us a message to our email address listed earlier.

 

  1. YOUR POSTINGS AND CONTENT
  • 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 reviews, feedbacks, images, and any other content to your account profile (collectively “User Content”). You hereby agree that the User Content you post will be accurate, complete, law compliant, non-copyright or other intellectual property right infringing. You further agree that your Content will not be indecent, harassing, racist, defamatory, and will NOT be false or misleading to other users. You further agree and acknowledge that CBD MAP is not obligated to monitor Content posted by other users for accuracy, compliance with the law, copyright issues, and completeness. CBD MAP does not warrant that other User Content will be safe and secure to read, and therefore, does not have any responsibility or liability to you or a third party for any User Content you view or use via the Site.
  • 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 User Content for marketing purposes on our Site and the growth of the Services.
  • Reviews/Feedback: We grant you the license to post reviews or feedback about the experience you had with a CBD business on our Site. You acknowledge and warrant that the reviews or feedback you leave will be based on your experience with the business and NOT a fabricated review. In addition to leaving an honest review, your review or feedback must NOT; (i) be plagiarized (i.e. matching another review); (ii) contain adverts, spam, or otherwise contain a link to promote other websites; (iii) be racist, defamatory or otherwise contain personal issues; and (iv) contain names of other CBD business or product except for the one being reviewed. CBD MAP does not permit an employee or an agent of a CBD business to post reviews or feedback about their products or otherwise leave a review to tarnish the reputation or goodwill of a competitor business.

 

  1. PROHIBITED ACTIVITIES

As a user of the Services, you are to stay away from the following prohibited activities. You acknowledge and agree that not staying away from these prohibited activities may get your user account suspended, limited, restricted or terminated as CBD MAP may deem it fit. The prohibited activities include but not limited to;

  1. Transmitting, uploading or distributing any computer worms, viruses, Trojan horse or software that are intended to damage a part of the Site or Services;
  2. Sending of unauthorized or unsolicited advertising, junk mail, promotional emails, pyramid schemes, and other contents (collectively “spam”) to other users or the Site;
  3. Gathering, collecting or compiling information about other Site users without getting prior consent from them;
  4. 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;
  5. 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;
  6. Constituting a nuisance by interfering and disturbing other users’ use of the Site;
  7. Using software or automated bots to create multiple accounts or gain access to a restricted part of the Site and Services.

 

  1. 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. 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 we created it.

 

  1. COPYRIGHT VIOLATIONS

CBD MAP respects and values all individual or entity’s intellectual property right. Due to this, we implore and make it mandatory that our Site and Services users 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 a user violating the intellectual property of another user, we will take the right steps to bring the property that has been violated down. To report any 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;

  1. Your signature (physical or electronic);
  2. How to identify the intellectual property which you believe has been infringed on;
  3. How to locate the intellectual property on our Site with the right and detailed information;
  4. Your contact information including your address;
  5. A written statement by you which is made in good faith that the intellectual property infringed on or violated is truly yours, and that the infringer does not have your permission or consent to use it.

Our address is:

Stalk Holdings LLC,

1966 Hornblend St #5,

San Diego, 92109, CA

contact@stalkholdings.com

 

NOTICE: IF YOU MISREPRESENT OR OMIT A FACT IN YOUR WRITTEN REQUEST IN RELATION TO THE ABOVE STATEMENT, YOU WILL BE RESPONSIBLE FOR ANY COSTS AND DAMAGES CBD MAP MAY INCUR REGARDING THE CLAIMS OF YOUR INTELLECTUAL PROPERTY RIGHT BEING VIOLATED OR INFRINGED ON.

 

  1. THIRD PARTY CONTENT

When you access our Site or use our Services, you may find links, materials, deals, goods, products, information or promotions posted by third-party websites or businesses on the Site (collectively “Third Party Content”). These Third Party Content are not under CBD MAP’s control, and we do not make any warranties or representations that they are valid, legit, complete, accurate, copyright compliant, law compliant, and without fault. Any Third Party Content found on the Site comes with each third party service terms and conditions, warranties, representations, and agreements and any dealings you have with any third party is solely between you and the third party, and you release CBD MAP of all responsibilities and liabilities for any deal you conduct with any third party business or services.

 

  1. PRIVACY POLICY

CBD MAP respects the personal information of our users; this is why we have created a privacy statement page where we have described how we source your information, what we use your information for, who we share your information with, the security of your information, among other disclosures. To know more about the privacy of your information, read and thoroughly review our Privacy Policy statement. If you have questions or complaints about our Privacy Policy statement, you may reach us at contact@cbdmap.com to make your complaints.

 

  1. GENERAL 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 SEARCH REQUIREMENTS, WILL BE UNINTERRUPTED, WILL BE SECURED, WILL BE ERROR-FREE, WILL BE RELIABLE, AND WILL BE PRODUCTIVE TO YOUR EXPECTATION.

 

SOME JURISDICTIONS DO NOT PERMIT LEAVING OUT IMPLIED WARRANTIES. IF YOU ARE BASED IN SUCH JURISDICTION, THE EXCLUSION ABOVE MAY NOT APPLY TO YOU.

 

  1. 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 DAMAGES 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 $100.

 

SOME STATES DO NOT PERMIT THE LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE. IF YOU ARE IN SUCH LOCATION, YOU WAIVE THE LIMITATION OF LIABILITY ABOVE.

 

NOTICE TO CALIFORNIA USERS: IF YOU ARE USER FROM CALIFORNIA, YOU NOW WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH HAS IT THAT “A GENERAL RELEASE DOES NOT INCLUDE CLAIMS WHERE THE CREDITOR DOES NOT SUSPECT OR KNOW TO EXIST IN THEIR FAVOR AT THE TIME THE RELEASE IS BEING EXECUTED WHICH IF THEY KNOW, MUST HAVE AFFECTED THEIR SETTLEMENT WITH THE DEBTOR MATERIALLY.”

 

  1. INDEMNIFICATION

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 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 User 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 email address of any claim or demand as we learn or become aware of it.

 

  1. TERM AND TERMINATION

The agreement between you and us subject to this TERMS will remain in force and effect for as long as you access our Site and use the Services. You may terminate your user account at any time by sending a termination request to us via contact@cbdmap.com. You hereby acknowledge that CBD MAP may terminate your user account, this agreement, and your right to access the Site or use the Services if you are found to be in violation of this TERMS. You further understand and agree that when your account is terminated, your User Content will also be terminated without us being responsible for anything you may lose to the termination.

 

  1. DISPUTES

You acknowledge that under no circumstance shall CBD MAP be obligated to interfere in a dispute that arises between you and other CBD MAP users or a third party. You hereby release us of all claims, damages, costs, expenses or losses that may arise due to the dispute between you and another user or a third party. Any dispute between you and CBD MAP shall be resolved through informal resolution or by binding arbitration.

 

  1. Governing Law: You agree now that this TERMS and all other CBD MAP agreements including our Privacy Policy and this dispute section shall be governed and construed by the state law of California and the federal law of the US in general without regard for any conflict of law. You further agree that any dispute that is not subject to informal resolution (as described below) shall not be resolved in any jurisdiction except in the State of California or any court in the US that is closest to both you and CBD MAP.
  2. Informal Resolution: In order to reduce the cost and expenses of any dispute between you and CBD MAP, you agree to first settle any dispute between you and us by informal resolution for up to 30 days. If no resolution is achieved after 30 days, you may now proceed with a legal proceeding or action in a law court. An informal resolution may commence by a written notice which may be sent by either party. You may send any notice to CBD MAP through the address stated in Copyright Policy section 17 above.
  3. Binding Arbitration: If any dispute between you and CBD MAP could not be resolved through Informal Resolution as described above, it will be resolved through binding arbitration and will be subject to the rules of American Arbitration Association (”AAA”) where applicable and the AAA’s supplementary procedures for goods that are consumer related. Both rules and how to start arbitration can be seen on the AAA website at adr.org. Arbitration does not involve a judge or a jury as the procedures are limited and simpler than the rules that apply in court and there is a limited review by the court. YOU HEREBY AGREE THAT ARBITRATION SHALL BE ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, REPRESENTATIVE OR CLASS ACTION. Despite the above statement, if the no-class-action waiver is found to be unenforceable or void, both you and CBD MAP will not be entitled to arbitration. The award to the arbitrator may be in any court with the relevant jurisdiction, and the arbitration shall be subject to the Federal Arbitration Act. In spite of the earlier statements, if we update this dispute section in a later date, it will not be binding on any claims that you had made before we updated it.

 

If a competent court finds this arbitration provision to be invalid, unenforceable or does not apply to a particular dispute, the dispute shall be solved by a relevant court here in the State of California.

 

  1. MISCELLANEOUS
  • 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.
  • Waiverability: 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.
  • 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.

 

  1. 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

contact@stalkholdings.com