Humboldt Sun Growers Guild's Terms & Conditions
Policy Effective Date: 03/01/2020
The websites, www.humboldtsungrowersguild.com and www.hsgg.org, are owned and operated by Humboldt Sun Growers Guild, LLC (“Humboldt Sun Growers Guild”, “HSGG”, “we,” “our” or “us”) and offers consumers a convenient way to find and learn about products from HSGG and our affiliates, licensees, distributors, retailers, agents, and other representatives. These Terms & Conditions (“Terms of Use”) govern your use of any website or application that posts a link to the these Terms of Use, and also applies to your use of interactive features, widgets, plug-ins, content, downloads or other services that we own or control and make available ( websites, applications, and services, collectively, the “Service”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise.
In addition to reading these Terms of Use, please review the Service’s Privacy Policy, which governs our collection and use of your information. By using our Service, you consent to our Privacy Policy and Terms of Use and you agree to all legal notices, conditions, and guidelines set forth below.
1. WHAT IS THE SCOPE OF THESE TERMS OF USE?
(A) THIRD-PARTY WEBSITES
These Terms of Use apply to all users of the Service. The Site Content is provided as a courtesy to our users and is intended for general, informational and educational purposes only. All information from the Service is subject to change without notice. We permit you to access and use the Service for personal, non-commercial, and educational purposes only, and hereby give you permission to download and print Site Content for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial and educational use. Any other copying, distribution, retransmission, or modification of Site Content, whether in electronic or other forms, without our express prior written permission is strictly prohibited.
(B) THIRD-PARTY WEBSITES
Our Service may contain links to third-party websites that are not owned or controlled by HSGG. HSGG has no control over and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, HSGG does not censor or edit the content of any third-party websites. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each website that you visit. If you decide to access any other websites linked through the Service, you do so entirely at your own risk.
2. WHO OWNS THE CONTENT OF THE SERVICE?
(A) SITE CONTENT
The content on the Service, including, without limitation, any material descriptions, FAQs, newsletters, blogs, bulletins, literature, software, scripts, graphics, photos, interactive features, products, services, trademarks, service marks, and logos (“Site Content”), are all owned by or licensed to HSGG, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Your use of the Service in no way grants you any ownership interest or rights in the Site Content. Site Content is provided to you “AS IS” for your informational, personal, non-commercial or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HSGG. HSGG reserves all rights not expressly granted in and to the Service and the Site Content. If you download or print a copy of the Site Content for personal, non-commercial or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Service or the Site Content.
(B) USER-GENERATED CONTENT
You may be able to post information on the Service, such as product reviews, comments, questions, suggestions, ideas, feedback, personal information, photos, other images, or other content (any such posting, “User-Generated Content”). You represent and warrant that you have the requisite authority to submit any User-Generated Content that you post and give to HSGG the rights described herein without any obligation on HSGG’s behalf to obtain the consent of any third party, and without creating any other obligation or liability for HSGG.
You grant to HSGG a nonexclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and cost-free right and license to distribute, publish, modify, edit, and otherwise use any User-Generated Content that you create or post in any manner, as HSGG sees fit, including for advertising, marketing or promotional purposes, without any acknowledgment or compensation to you. As such, you acknowledge and agree that User-Generated Content may be made publicly available, and you grant that HSGG may, but is not obligated to, protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint HSGG as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
(C) ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HSGG without restriction.
3. HOW DOES REGISTRATION WORK?
To use certain features of the Service, you may be required to register by creating a unique username and password and providing us with certain other personal information. You agree (a) to provide true, accurate, current and complete information about yourself, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If HSGG believes such information is untrue, inaccurate, not current, or incomplete, HSGG has the right to suspend or terminate your account and refuse any and all current or future use of the Service by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
4. WHO IS LIABLE FOR MY USE OF THE SERVICE?
(A) WARRANTY DISCLAIMER
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, HSGG, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. HSGG makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any websites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, technical, or other information stored therein, (iv) any interruption or cessation of transmission to or from our Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Service by any third party, or (vi) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Service. HSGG does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.
(B) PRODUCT DESCRIPTIONS
HSGG does not warrant that the Site Content, including product descriptions, is accurate, complete, reliable, current, or error-free. All features, content and specifications of products and services described or depicted on the Service are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.
(C) LIMITATION OF LIABILITY
In no event shall HSGG, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service or Site Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Service, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Service by any third party, or (vi) any loss or damage of any kind incurred as a result of your use of any Site Content posted, e-mailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not HSGG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.
(D) INDEMNITY
You agree to defend, indemnify and hold harmless HSGG, its affiliates, and their respective officers, directors, managers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify HSGG, its affiliates, and their respective officers, directors, managers, employees, and agents.
(E) CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. In any event, HSGG reserves all rights, defenses and permissible limitations under the law of your State of residence.
5. HOW OLD DO I NEED TO BE TO USE THE SERVICE?
The Service is intended for a general audience and is not intended for use by children. By using the Service, you affirm that you are more than twenty-one (21) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are concerned about the use of our Service by a child, please review our Privacy Policy.
6. WHAT LAW APPLIES TO THESE TERMS OF USE?
(A) GOVERNING LAW
These Terms of Use shall be governed by the laws of California. All disputes arising under, or in any way connected with membership in or use of the Service, shall be litigated exclusively in the courts residing in California and in no other court or jurisdiction. You hereby submit to the jurisdiction of the courts sitting in California and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Service.
(I) ACKNOWLEDGMENT OF FEDERAL LAW
You expressly acknowledge that cannabis is included on Schedule 1 under the United States Controlled Substances Act. You further acknowledge that under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so. HSGG neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.
(II) ACKNOWLEDGMENT OF CALIFORNIA LAW
You expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless you are acting completely within the scope of California’s cannabis laws, including but not limited to, California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and any amendments thereto.
(III) ACKNOWLEDGMENT OF THE LAWS OF YOUR STATE
Even though the Service may be accessed outside of California, references to particular products or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that HSGG intends to make such products or services available in such states. In all events, you must abide by and follow the laws of the state in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of your state. Any offer for any product or service is void where prohibited.
These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and HSGG regarding the use of the Service and the Site Content, superseding any prior agreements between you and HSGG relating to the subject matter hereof.
(B) INTERNATIONAL USE
Our Service is operated in the United States and intended for users located in the United States. The laws in the United States differ from those of other countries. If you are accessing this Service from outside of the United States, please read our Privacy Policy for more information about our Service, your privacy and data protection.
(C) INVALIDITY; WAIVER
If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and failure of HSGG to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(D) LIMITED TIME TO FILE CLAIMS
Any cause of action or claim you may have directly or indirectly arising out of or relating to your use of the Service must be commenced within one (1) year after the claim or cause of action arises, or it will be forever barred.
7. TERMINATION/EXCLUSION
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Service for any reason or for no reason whatsoever including improper use of this Service or failure to comply with these Terms of Use, and to take any other action we deem appropriate.
8. WHAT ABOUT CHANGES TO THE TERMS OF USE?
We may add to, update, delete from or modify the Service at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Service or may notify you of such changes. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Service. Any use by you of the Service after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations that apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.
9. HOW DO I CONTACT HSGG ABOUT THE SERVICE?
If you have any questions or comments on the Service or become aware of misuse of the Service by any person, please contact us at: info@humboldtsungrowersguild.com.