Mobile General Terms of Use and End User License Agreement

THIS STUFF IS REALLY IMPORTANT: PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE YOU SIGN-UP, ACCESS, DOWNLOAD OR INSTALL ANY PORTION OF OUR APP., OR USE THE SERVICE OR SITE. IN ADDITION YOU MUST READ OUR PRIVACY POLICY WHICH DESCRIBES HOW WE COLLECT AND USE THE DATA AND INFORMATION YOU PROVIDE WHILE USING OUR APP., SERVICE OR SITE.

WELCOME, we are Marmot Jaguar Corp. (“Marmot”, “Marmot Jaguar”, “us”, “our”, and “we”)! We provide a mobile application/platform for our “Users” to contribute and provide information, resources, reviews, and comments (“User Content”) related to the cannabis industry (“App”). Not surprisingly, we require your (“you”) consent to these terms of use (“Terms”) as well as our privacy terms (“Privacy Policy”). In order to begin using our App., Service (defined below) or Website (“Site”) we need you to review and agree to these Terms which control your access and use of our App., Service, and Site as well as any other offerings (collectively the “Service”). These Terms contain language commonly referred to as the End User License Agreement (“EULA” or “License”) which you agree to at the time of downloading our App. and prior to use of the Service or Site. These Terms including the Privacy Policy and any other identified terms are collectively known as the “Agreement”. To the extent that any application, software, code, content files, scripts, instruction sets, or any related documents (collectively “Software”) are included, they shall be considered part of the Service. For the avoidance of doubt, the Service includes all of the following: the App, the Site, the Software and all documentation related to the Service.

AUTHORITY AND CONSENT. Before we get to the important yet somewhat boring legal stuff we need to make sure you have the authority and can consent to these Terms as they will control your use of the App., Service and Site. Specifically you must be able to answer “YES” to all of the following: (i) you are at least eighteen (18) years old; (ii) you are a real person; (iii) if required, you have the authority of your employer or other third party on whose behalf you are using the App., Service or Site; (iv) you have the legal authority to use, post, display, license and use the Content (described below); (v) You have read and agreed to these Terms including the Privacy Policy; and (vi) you agree to review and consent to these Terms as updated from time-to-time. Your use is strictly conditioned on providing consent to these Terms. if you cannot provide consent to these questions or any portion of these Terms then you must not use the App., Service or Site. We will retain evidence of your consent to these Terms, however, it is your responsibility to retain a copy of these Terms, and to check for updates and revisions.

IMPORTANT DISCLAIMER. Yes, the App., Service and Site are intended for those interested in the cannabis industry. Currently, the sale and use of cannabis is “legally” available in only a few states. Use of our App., Service and Site is global in nature so we rely on you to be aware of, understand and comply with all state, federal and international rules, laws and regulations as it concerns your use of our App., Service and Site.

WHAT WE ARE NOT. NEITHER OUR SERVICE, APP, NOR OUR SITE ARE A CANNABIS, OR MEDICAL CANNABIS COLLECTIVE, DISPENSARY, GROWER OR COOPERATIVE. WE DO NOT GROW, DISTRIBUTE OR OFFER CANNABIS OR PROVIDE MEDICAL CANNABIS DELIVERY SERVICES TO MEDICAL CANNABIS PATIENTS.

WHAT WE DO NOT DO. We do not actively monitor, review or manage User Content (defined below), your opinions, messages or postings. We do however, reserve, an absolute right as the supreme administrator of the Service to remove or block User Content which violates these Terms or any laws or policies.

WHAT WE DO NOT OFFER. At the risk of being redundant, we need to be clear that all CONTENT (defined below), UPLOADED, PROVIDED ON OR ACCESSED THROUGH THE APP, SERVICE AND SITE IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. THE CONTENT SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT THE APPLICABLE DISPENSARY, YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, OR OTHER USERS OF OUR SERVICE. WE ARE NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE. IN SHORT, YOU ARE ON YOUR OWN AND MAY NOT RELY ON US FOR AN OPINION OR DIRECTION WITH RESPECT TO ANY OF THE ABOVE.

ACKNOWLEDGMENT OF LAWS & DISCLAIMER. You expressly acknowledge that with respect to either medical or recreational cannabis, the use, sale, transmission and production are controlled pursuant to respective state, federal or international laws. You agree to abide by and follow the laws of the state (country) in which you are a resident and expressly acknowledge and assume full responsibility for cooperating with the laws of your state (country) or any state (country) that has jurisdiction over cannabis. As to the federal laws of the United States of America, you expressly acknowledge that cannabis, for any use, is illegal, and that individuals are subject to arrest and/or prosecution for possession, cultivation or transportation of cannabis by federal officials. You further acknowledge that medical cannabis is not recognized as a valid defense under federal laws and that the interstate and international sale, delivery, or transportation of cannabis is a federal offense.

FINALLY, your use of the App., Service and Site is strictly for personal, descriptive and informational purposes only. We, as well as all others associated with the Service do not support or advocate the breaking of any laws, or regulations and intend that all Content as presented is for personal, descriptive and informational purposes only. You are encouraged to read any and all information available about cannabis to develop a complete background on the subject including its lawful use.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN THESE TERMS.

LEGAL TERMS: Now for the boring legal stuff, all of which is truly important (especially given the industry our App., Service and Site caters to) and ultimately controls with respect to your use of the App., Service and Site including the Content (defined below) you provide.

  • General. To access and use the App., Service and Site you must register for an account (“Account”). The term (that amount of time you may use our Service) begins at the moment you sign-up by agreeing to these Terms, and continues until: (i) you stop using the Service; (ii) we terminate these Terms for reasons other than for cause and in doing so we will make reasonable effort to notify you at least thirty (30) days prior to termination; (iii) you breach any provision of these Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (iv) we are required to do so by law (for example, where the provision of the Service becomes invalid or unlawful); or (v) we elect to discontinue the Service, in whole or in part, (such as if it becomes impractical for us to continue offering Service in your region due to change of law). Like all other services, we may change, modify, revise or remove (“Changes”) any or all of these Terms. You are responsible for your own periodic review of these Terms. Your continued use of the Service demonstrates your acceptance of these Terms and any Changes.
  • Types of Content. Our Service relies on content and information including; text, graphics, images, music, software, (excluding the applications), audio, video, information or other material (“Content”). “User Content” is the Content you (as one of our users) provide us when using our Service. User Content includes all the data, and information (such as texts, comments, messages and files) you upload, input, submit, transmit or store via the App., Service, or Site. User Content may include Content you import from third party services. You acknowledge and agree that you are solely responsible for all User Content you make available through the App., Service, and Site. We cannot, nor do we monitor or manage User Content. We do not endorse and are not responsible for the accuracy or truthfulness of any User Content, including opinions, advice or statements made using our Service. With that said, we hope and encourage that our Users provide accurate information about their experiences with cannabis, however, we acknowledge and you understand that mistakes can be made and misrepresentations are possible, so you must always do your own independent research and come to your own conclusions. Finally, our App., Service, and Site are strictly intended for personal, descriptive and informational purposes only and any comments or advice are given for example purposes only and are not those of Marmot.
  • Ownership & License. You acknowledge and agree that you are solely responsible for all User Content you make available through the App., Service, or Site. Accordingly, you represent and warrant - in addition to those other representations and warranties in these Terms and the Privacy Policy - that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant to Marmot Jaguar such rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or our use of the User Content (or any portion thereof) on, through or by means of the App., Service, or Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. By virtue of your consent to these Terms, you grant Marmot Jaguar a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferrable license to use, copy, transmit, adapt, reproduce, publicly display, REMOVE, make available, distribute, AND modify YOUR User Content. You may revoke this license and terminate our rights at any time by removing YOUR User Content from the App., Service, or Site, some copies of User Content may be retained as part of our routine backups. We will not access, view, or handle your User Content, except as reasonably necessary to perform and make the Service available. This may include things like handling support requests, detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and enforcing these Terms.
  • Content Sharing. Our App., Service, and Site provide features that allow you to share (publicly) User Content with other users. The term “Share” includes emails, posts, transmittals, uploads, or actions which make User Content available (whether to us or other users) through your use of the App., Service, or Site. Other users may use, copy, modify, or re-share your User Content in various ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the User Content you Share. We do not monitor or control what others do with User Content. The Service may allow you to comment on others’ Content, such comments are not anonymous, and may be viewed by other Users. You agree that all image files must not include, messy or cluttered backgrounds, product wrapping, currency, brand names, criminal activity or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in these Terms.
  • Reviews and Comments. User reviews are a large part of the Service. As a User you agree to only post comments and reviews based upon your personal experience, which are your opinions, or otherwise designed to provide other users with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions, reviews posted must not: (i) be written exclusively in capital letters; (ii) be plagiarized; (iii) contain spam or advertisements; (iv) contain personally identifying information about any person; (v) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals; or (vi) contain unrelated personal grievances.
  • Social Networking Services. We may permit you to login to the App., Service, or Site or otherwise associate your Account with your login credentials from third party social networking sites (Facebook) (“SNS”). If you log in or otherwise associate your Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information with these SNS, we will share information with them in accordance with your election. The SNS Terms will apply to the information we disclose to them.
  • License, App. Store Terms & Restrictions. Your use of the App., Service, and Site is conditioned on your acceptance of these Terms, the Privacy Policy and any third party App Store terms and conditions.
  • Third-Party Sites & Ads; Other Users. Use of our Service may include links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Marmot Jaguar, and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You must make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. You hereby indemnify, release and forever discharge us (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 site or service users or Third Party Sites & Ads.
  • Acceptable Use. We Do Not Monitor Your Submissions. You are responsible for all activity that occurs with respect to your Account. You must notify us if you become aware of any unauthorized use of your Account. You may not share your Account information (except with an authorized account administrator); or use another person’s account. Your Account administrator may use your Account information to manage your use and access to the Service. Your use of the Service is limited in nature and scope. Here are a bunch of examples of things you cannot do with our App., Service, or Site; none should be a surprise.
THINGS YOU CANNOT DO:
  • Copy, distribute or disclose any part of the App., Service, or Site in any medium, including without limitation by any automated or non-automated “scraping” functionality. Along these same lines you cannot use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human (no androids allowed) can reasonably produce in the same period of time by using a conventional on-line web browser;
  • Copy, modify, host, stream, sell, lease, loan, distribute, transfer, or sublicense any Content, the App., Service, or Site or access to it for an reason and you cannot violate or infringe other people\`s intellectual property, privacy, or other rights using our App., Service, or Site;
  • Do bad things like engaging, posting or sending data or information (including emails) which are defamatory, deceitful, false, fraudulent, harassing, inflammatory, invasive, misleading, obscene, threatening, or unlawful;
  • Use our App., Service, or Site for activities which are in violation or are non-conforming with any law or regulation; nor will you upload invalid data, viruses, worms or other software agents through the Service;
  • Share User Content or engage in behavior that violates anyone’s intellectual property rights which include all copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
  • Attempt to interfere with, compromise the integrity of the system or its security, or decipher any transmissions to or from the servers running the App., Service, or Site including taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Use any data mining or similar data gathering and extraction methods in connection with the App., Service, or Site to collect or harvest any personally identifiable information or other regulated data including account names, from the App., Service, or Site;
  • Use the User Content, App., Service, or Site to construct any kind of database or access or attempt to access the App., Service, or Site by any means other than the interface we provided or authorized or circumvent any access or use restrictions put into place to prevent certain uses of the App., Service, or Site. Nor may you impersonate any person or entity or misrepresent your affiliation with a person or entity using the App., Service, or Site;
  • Post, transmit or make available any messages, texts, or emails with the following content: offers to sell illegal goods including cannabis, pornography, sexually explicit material, sex advice, drugs or pharmaceutical information or products, adult novelty items, credit repair services or opportunities, dating or escorts, stock trading, day trading or stock market content, gambling products or services, network or multi-level marketing, affiliate marketing, loans, mortgages, nutritional or herbal supplements, or make money online and work from home opportunities.

Privacy Policy. Our privacy terms are critical to the operation of our Service and must be reviewed and accepted prior to downloading the App., using the Site or Service. Please go to www.mjmaryjane.com to review and accept our terms of privacy.

Our Intellectual Property and Proprietary Information.

  • Ownership. The App., Service, Site and Software are licensed, not sold to you. Subject to the license(s) expressly granted to you hereunder, all right (including all intellectual property rights), title and interest in and to the App., Service, Site and Software are owned solely and exclusively by Marmot Jaguar. All of our rights not expressly granted to you are hereby reserved by Marmot Jaguar. The App., Service, Site and Software contain proprietary technology and includes trade secrets (and may include inventions for which a patent has been applied for or issued) or it is proprietary to a third-party from whom we have obtained the right to make it available. The App., Service, Site and Software (including any documentation) are protected by United States copyright laws and international treaties. All copyrights, patents (pending), trade secrets, and any other intellectual property rights related to the App., Service, Site and Software, including all applications and registrations with respect thereto, and related to all copies, partial copies, adaptations, additions, collective works, compilations, derivative works, enhancements, modifications, and translations of the App., Service, Site and Software, will remain in or are assigned to Marmot Jaguar.
  • Feedback. You agree to inform us of any functional flaws, errors, anomalies, and problems known to or discovered by you with respect to the App., Service, Site, and Software and provide us with feedback, ideas, suggestions for modifications or improvements, and the like in connection with the App., Service, Site and Software (any and all of the foregoing, “Feedback”). Any and all Feedback will be our sole and exclusive property.
  • Confidentiality. You agree that you will not disclose any of our non-public information, including, without limitation, the App., Service, Site, Software and Documentation (“Proprietary Information”) to anyone without our written consent, except that you may: (i) use the Proprietary Information to, but only to, exercise your rights and perform your obligations hereunder; or (ii) disclose the Proprietary Information to your employees and consultants: (A) who have a need to know such Proprietary Information in order to exercise your rights and perform your obligations hereunder; and (B) who are bound by a written agreement with confidentiality provisions no less stringent than what you would require if providing your Proprietary Information to a third-party.

Copyright, Trademarks and Patent.

  • Unless otherwise stated, the App., Service, Site and Software, all documentation and site materials, including, without limitation, all text, graphics, pictures, videos, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Marmot Jaguar. You may electronically copy and print to hard copy portions of the App., or Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of us is strictly prohibited.
  • Marmot Jaguar, the domains; mjmaryjane.com; maryjane.guide; and mjapp.me, as well as our logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of Marmot Jaguar and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of Marmot Jaguar. All other trademarks, registered trademarks, company names, product or service names are either trademarks or registered trademarks of their respective owners.
  • We respect the intellectual property rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

LIMITATION OF LIABILITY. IN RETURN FOR YOUR USE OF THE APP, SERVICE, AND SITE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE APP, SERVICE, OR SITE, INCLUDING ANY DOWNLOADS OR USE OF CONTENT. IN NO EVENT SHALL MARMOT JAGUAR OR ITS OFFICES, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP, SERVICE, OR SITE, CONTENT CONTAINED IN, OR ACCESSED THROUGH THE APP, SERVICE, OR SITE. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP, SERVICE, OR SITE IS LIMITED TO U.S. $100 OR THE AGGREGATE AMOUNT YOU PAID FOR USE OF THE APP, SERVICE, OR SITE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FINALLY, AS TO ANY THIRD PARTY SERVICES USED BY YOU, YOU UNDERSTAND, THEREFORE AGREE THAT BY USING A THIRD PARTY SERVICE YOU MAY BE EXPOSED TO POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE CONTENT, AND THAT YOU USE THE APP, SERVICE AND SITE AT YOUR OWN RISK.

INDEMNIFICATION. You remain solely liable for your use of the App., Service and Site, including all User Content or other information you upload or transmit using the App., Service or Site. You agree to indemnify and hold harmless Marmot Jaguar, and its officers, directors, employees, owners from any claim, action, demand, loss, or damages (including attorneys\` fees) made or incurred by a party including any third-party arising out of or relating to your conduct, your violation of these Terms, your use of the App., Service or Site or your violation of any rights of a third-party.

NO WARRANTIES. THE APP, SERVICE, SITE, DOCUMENTATION AND SOFTWARE ARE PROVIDED ON “AS IS” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APP, SERVICE, OR SITE. SPECIFICALLY, MARMOT DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE APP, SERVICE, OR SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (B) THE APP, SERVICE, OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR INFORMATION WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP, SERVICE, OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE APP, SERVICE, OR SITE WILL BE CORRECTED; OR (F) THE APP, SERVICE, OR SITE OR THE SERVER(S) THAT MAKE THE APP, SERVICE, OR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARMOT JAGUAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MARMOT JAGUAR DOES NOT REPRESENT OR WARRANT THAT THE APP, SERVICE, OR SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MARMOT JAGUAR DOES NOT REPRESENT OR WARRANT THAT THE APP, SERVICE, SITE OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE AVAILABLE 24 HOURS PER DAY, 365 DAYS PER YEAR. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP, SERVICE, OR SITE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Compliance with Laws and Regulations. Notwithstanding the warranties in Section 1.16 above; you warrant and represent that your use of the App., Service and Site will be in compliance with all laws and regulations, including state, federal as well as global laws and regulations including those laws and regulations which may be specific to your industry for example, HIPAA, GLBA, or EU Data Privacy. Marmot Jaguar has no knowledge or information concerning your business, the industry you operate within, the laws or regulations which are relevant or how they impact the Content you will rely upon when using our App., Service or Site. If you use our App., Service or Site in a regulated industry, for example Healthcare, where you are responsible for compliance with HIPAA and HITECH, we make no representations or warranties and specifically exclude any representations or warranties with respect to our App., Service or Site meeting such industry requirements or regulations. If you are located in the EU and/or transmitting messages within the EU then in addition to your other warranties and representations, you warrant and represent that you will or have: (i) described in writing how you will use any data collected and obtain express consent to transfer data in and out of the EU; (ii) comply with all EU regulations, including all EU data protection and privacy laws that apply where you are transmitting data using our Service; (iii) collected, stored, used, and transferred data and information relating to any individual in compliance with all data protection laws and regulations; (iv) you have the necessary authority and permission to allow the Service to receive and process data and send communications to specific individuals on your behalf; and (v) notwithstanding those other indemnification obligations in these Terms, you agree to indemnify and hold Marmot Jaguar harmless from any fines, penalties, losses, claims of damages, including attorneys’ fees which result from your breach of any part of these warranties.

U.S. Export Controls. You agree not use or otherwise export or re-export any part of the App., Service or Site except as authorized by U.S. law and the laws of the jurisdiction in which the App., Service or Site were accessed or obtained. In particular, but without limitation, the App., Service and Site may not be used exported or re-exported into any U.S. embargoed countries, including: (i) Afghanistan, Belarus, Burma, China, Cote d’Ivoire, Cuba, Cyprus, Democratic Republic of the Congo, Eritrea, Fiji, Republic of Guinea, Haiti, Iran, Iraq, Kyrgyzstan, Lebanon, Liberia, Libya, North Korea, Somalia, Sri Lanka, Sudan, Syria, Venezuela, Vietnam and Zimbabwe; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List You further represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (B) you are not on any U.S. government list of prohibited or restricted parties.

Network Delays. THE APP., SERVICE AND SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Illegal Content: Investigations & Disclosures. We do not review any User Content uploaded using the App., Service or Site, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). We may access or disclose User Content or information about you, or your use of the App., Service or Site: (i) when it is required by law (such as when we receive a valid subpoena or search warrant); (ii) to respond to your requests for customer support; or (iii) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

Law and Jurisdiction. These Terms and any legal actions or proceedings relating to your use of the App., Service or Site shall be governed by and construed in accordance with the laws of the state of Washington, U.S.A., as applicable to agreements made and entirely to be performed within the state of Washington, without resort to its conflict of law provisions. You agree that any suit, action, or proceeding at law or in equity arising out of or relating to these Terms or your use of the App., Service or Site shall be filed only in U.S. District Court for the Western District of Washington located in Seattle, Washington, U.S.A., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding. Notwithstanding the foregoing, you agree that for all concerns or disputes about the App., Service or Site which you may have, you agree to first try to resolve the dispute informally by contacting us. In the event that the concern or dispute is not resolved within thirty (30) days of submission, you agree to resolve any claims relating to these Terms, the App., Service or Site through final and binding arbitration, (except that you may assert claims in small claims court if your claims qualify). For all matters under arbitration you agree the following shall control: (i) JAMS will administrate the arbitration in Seattle, King County, Washington pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties; (ii) you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action; and (iii) notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Service or User Content in violation of these Terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and do so without having to post a bond.

Account Deactivation. You can deactivate your account at any time. Once deactivated your account will be irrevocably suspended, ensuring that nobody can use that Marmot ID again in order to prevent impersonation. If you wish to deactivate your Marmot account, go to http://www.mjmaryjane.com and click on contact us.

Miscellaneous

  • Survivability. Upon expiration or termination of these Terms, any licenses you have granted, all your warranties, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these Terms shall survive.
  • Notice to You. We may give notice by means of a general notice via the App., Service, Site, or electronic mail to your email address on record (account information), or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to: info@mjmaryjane.com
  • Entire Agreement. These Terms along with the Privacy Policy constitute the entire agreement between you and us regarding your use of the App., Service and Site and supersede any prior agreements between you and us relating to the App., Service and Site.
  • Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these Terms to a third party.
  • Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other Terms.
  • No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that term.