Privacy Policy

Welcome to Ice420store.com.au and related sub-domains (together, the “Site”), mobile and/or software applications, provided by Ice420store Holdings, Inc., and its affiliates, subsidiaries, parent company and other related companies, including Ice420store Australia, Ltd., and Ice420store Holdings GmbH (“Us”, “We”, or Ice420store). This Ice420store Privacy Notice (“Notice”) describes the information we collect, use, and disclose about you when you use the Site, mobile applications, and related services (together, the “Services”) and how we use, process, and disclose that information. We may supplement this Notice with other notices. This Notice applies to Services that display or reference this Notice, but it does not apply to any services that display or reference a different privacy statement.

Information We Collect from You Through Your Use of the Services

The information we collect depends on how you interact with us, the Services you use, and the choices you make.

We collect information about you from different sources and in various ways when you use our Services, including information you provide directly, information collected automatically, third-party data sources, and information we infer or generate from other data.

Provided By You Directly. You may provide us with additional information by filling in forms on the Services or by corresponding with us or by using our Services by phone, text, email, live chat, or otherwise. If you create an account, we may collect the following types of information from you:

  • Contact information. We collect contact information such as your name, username, email address, and phone number;
  • Demographics data. When you register or at other times, we request that you provide demographics information such as your gender and location;
  • Content and files. We collect photos, documents, files, and any other information that you provide us, such as reviews, content, and bio information. If you send us email messages or other communications, we will collect and retain those communications; and
  • Reservations and transactions. If you initiate a reservation or order through our Services, such as a pickup reservation, we collect information necessary to complete your reservation or order, such as your contact information, order information, government-issued ID (if necessary), and depending on what type of reservation or order you place, a valid delivery address. In some instances, you may also submit data that may be considered personal medical information, such as medical marijuana patient identification for certain orders placed through our Services. We use this information to facilitate your order (and future orders), from receiving the order to sending the information to the retailer (or the retailer’s authorized service provider) you intend to have fulfill your order.

Information Collected Automatically. When you use the Services, se automatically collect information about you, for example:

  • Usage data. We automatically log your activity on our Services, including pages you have viewed and actions you take on the Services and the URL of the website from which you came to our sites.
  • Identifiers and device information. When you visit our Services, our servers automatically collect certain technical information about your device including your Internet protocol address and information about your device, including device identifiers (such as MAC address), your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, and your device operating system type and version. As further described in the Cookies and Similar Technologies section below, our Services store and retrieve cookie identifiers, mobile IDs, and other data.
  • Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our apps or online services.

Cookies and Similar Technologies. We also use cookies, Web beacons, mobile analytics and advertising IDs, URL information, and other similar technologies to operate our Services and to gather data, including other identifiers, device information, and usage data. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which usually stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. We use cookies on our websites to store your preferences and settings, enable you to sign-in, provide interest-based advertising, combat fraud, analyze how our Services perform, and fulfill other legitimate purposes.

Our web pages may also contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites, count users who have visited those websites, and gather usage and performance data. We also include web beacons in our promotional email messages or newsletters to determine whether you open and act on them.

Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.

We, together with our third-party analytics service providers and advertising partners, use these technologies in our Services to collect personal information (such as the cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit our Services. We and our partners may also use these technologies to collect personal information about your online activities over time and across different Web sites. This information is used to store your preferences and settings, enable you to sign-in, analyze how our Services perform, track your interaction with the Services, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.

The third-party analytics and advertising providers we use on our websites include:

Company/ServicePurpose(s)Privacy NoticesManage Settings (opt-out)
DoubleClick (Google)Advertising, analyticshttps://policies.google.com/privacySee association links below.
Google AnalyticsAnalyticswww.google.com/policies/privacy/partnershttps://tools.google.com/dlpage/gaoptout
Google Tag Manager www.google.com/policies/privacy/partnershttps://policies.google.com/technologies/partner-sites
Facebook AudiencesAdvertisinghttps://www.facebook.com/privacy/explanationhttps://www.facebook.com/settings?tab=ads See association links below.
Facebook Connect https://www.facebook.com/privacy/explanationSee association links below.
ChartbeatAnalyticshttps://chartbeat.com/privacy/https://static.chartbeat.com/opt-out.html
StackAdaptAdvertisinghttps://www.stackadapt.com/privacySee StackAdapt’s Privacy Notice
MiQAdvertisinghttps://www.wearemiq.com/privacy-policy/See MiQ’s Privacy Notice

We permit advertisements to be delivered to you by third-party Internet advertising companies (also called ad networks or network advertisers). These companies may use cookies, Web beacons, platform device identifiers, software agents, and other technologies to collect non-personally identifiable information about your visits over time on our Service and across other websites to deliver advertisements to you targeted to your interests, measure their effectiveness and personalize advertising content, and to understand the usage and visitation of the Services and the other applications and websites tracked by these advertising companies. We do not have access to or control over cookies, Web beacons, platform device identifiers, software agents, or other technologies that they may use. We are not responsible for the privacy practices of third party advertisers. You should check the privacy policy of the third-party advertiser to determine how it handles information it separately collects from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use.

To learn about the privacy practices of these third parties and how to opt-out from their use of cookie data for targeted advertising purposes, click on the links above.

Many of these companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting, which you can access at:

Melbourne “Do Not Sell My Info”

The Melbourne Consumer Protection Act (“CCPA”) requires us to disclose categories of personal data sold to third parties and how to opt-out of future sales. The CCPA defines personal information to include online identifiers, including IP address, cookies IDs, and mobile IDs. The law also defines a “sale” to include simply making data available to third parties in some cases. We let advertising and analytics providers collect IP addresses, cookie IDs, mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information.

If you do not wish for us or our partners to “sell” your personal data to third parties for advertising purposes, you can make your Do Not Sell Request by emailing Ice420store.

Note that although we will not “sell” your personal data after we receive your email, we will continue to share some personal information with our partners (acting as our service providers) to help us perform advertising-related functions such as, but not limited to, measuring the effectiveness of our ads, managing how many times you may see an ad, reporting on the performance of our ads, ensuring services are working correctly and securely, providing aggregate statistics and analytics, improving when and where you may see ads, and/or reducing ad fraud. Further, emailing us will not necessarily opt you out of the use of previously sold personal information or stop all interest-based advertising. If you access this site (or app) from other devices or browsers, visit the link below from those devices or browsers to ensure your choice applies to the data collected when you use those devices or browsers.

Other information related to your right to opt-out from sales of personal data is contained in the California Privacy Rights section of this Notice.

Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.

Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.

Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, which will disable web beacons in the email messages you read.

Do Not Track. Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

Information obtained from third-party sources. We also obtain information from third parties. We protect information obtained from third parties according to the practices described in this Notice, plus any additional restrictions imposed by the source of the information. These third-party sources include, for example:

Third Party SourcesCategories of Personal Data
Third party partners. Third party applications and services, including social networks you choose to connect with or interact with through our services. For example, if you create an account using, or otherwise connect your account to, a social networking services account (e.g. Twitter or Facebook), we may also collect information provided to us by such social networking service.Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Co-Branding/Joint Partners. Partners with which we offer co-branded services or engage in joint marketing activitiesContact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.Contact information, demographic data, payment information, content and files, and device information, geolocation data, usage data, inferences
Publicly available sources. Public sources of information such as open government databases.Contact information, demographic data, content and files, geolocation data.

Information created or generated. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your city, state, and country location based on your IP address.

When you are asked to provide information, you may decline. And you may use app or device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain products or features, those products or features may not be available or function correctly.

Your Sharing of Your Information

The Ice420store Services may allow you to connect and share your actions, comments, content, profile, and information publicly or with other people. Depending on what domain your account is on and what type of account you have created, you may be able to control some of the categories of personal information shared via your profile from the account settings menu on the Site. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others.

The Services may also provide you with the option to share certain information from your Ice420store account with social networking services like Facebook, Google, or Twitter. We are not responsible for the use or re-sharing by others of any of your information once it is made public. If you do not want your information to be made public, you should not use the Ice420store Services in this manner and/or you should adjust your privacy settings on the applicable social networking service accordingly. We are not responsible for and we do not control these social networking services privacy practices. Please review the applicable privacy policy for information about how they use your information.

How Ice420store Uses Your Information

We use the information we collect for purposes described in this Notice or otherwise disclosed to you. For example, Leafly generally uses your information to:

Purposes of UseCategories of Personal Data
Product and Service Delivery. To provide and deliver our Services, including creating accounts on, securing, troubleshooting, improving, and personalizing those Services.Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Business Operations. To operate our business, such as billing, accounting, improving our internal operations, securing our systems, and detecting and protecting against fraudulent or illegal activity.Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Product and Service Improvement, Development, and Research. To improve our Services, develop new products or features, and conduct research.Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Personalization. To understand you and your preferences to enhance your experience and enjoyment using our Services.Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Customer Support. To provide customer support and respond to your questions.Contact information, demographic data, payment information, content and files, identifiers and device information, geolocation data, usage data, inferences
Communications. To send you information about your use of the Services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data.
Marketing. To communicate with you about new products, offers, promotions, rewards, contests, upcoming events, and other information about our products and those of our selected partners (see the Information Choices section of this Notice for how to change your preferences for promotional communications).Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences
Advertising. To display advertising to you (see the Cookies and Similar Technologies section of this Notice for information about personalized advertising and your advertising choices).Contact information, demographic data, content and files, identifiers and device information, geolocation data, usage data, inferences

In carrying out these purposes, we combine data we collect from different sources to give you a more seamless, consistent, and personalized experience.

We may also use your information to verify your geographic location. We may use your geographic location data to personalize our Service, to recommend content, determine whether the information you have requested is available in your location, or to determine whether Service offerings are available in your location. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Ice420store may use it for any business purpose.

How Ice420store Discloses Your Information

We may share your information as follows:

  • We may share your personal information with your consent or at your direction or as otherwise as necessary to complete your transactions or provide the Services you have requested or authorized. By placing a reservation or order with a dispensary or retailer through our Services, you consent to Ice420store sharing the information related to your reservation or order with the dispensary or retailer, to the extent necessary to fulfill your reservation or order.
  • With our subsidiaries and affiliates, who may share common data systems and process information as needed to provide the Services and operate our business.
  • We may also share your personal information with others who perform services on our behalf (for example, with Twilio if you make a call or receive/respond to a text using the Service).
  • We may share your information with third-party service providers to fulfill your requests and to perform functions on our behalf. Examples include product reservation requests, fulfilling orders, and delivering orders. We only share information necessary for these third-party service providers to perform their functions, and any information shared may not be used for any other purpose.
  • To provide us with advertising and marketing services, we may share your information about you, such as order history, demographic data, and interests with certain third-party partners to target and serve you ads for our Services on other sites. These third parties may also use this collected information to draw inferences about you for their own purposes or collect information about your online activities over time and across different websites and services (in addition to our Services) to help predict your preferences and to display (review the Cookies and Similar Technologies section above) ads to you that are more likely to be of interest to you. Note that this Privacy Policy covers only our use of data and does not include use of data by such third parties. If you wish to opt out of interest-based advertising, please visit http://www.aboutads.info/choices/. For California residents, please see the California Privacy Rights section of this Privacy Policy to review your rights to opt out.
  • We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
  • We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect ice420store and our Services; or any rights, property, or personal safety of Ice420store or others, including as we believe is necessary to enforce our agreements, terms, and policies.
  • In the event that Ice420store is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal), including a financing, transfer, or divestiture, involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, dissolution, bankruptcy, or receivership, information may be transferred as a business asset.

Third party analytics and advertising companies also collect personal information through our Services including, account information, marketing and communications data, demographic data, content and files, geolocation data, usage data, and inferences associated with identifiers and device information (such as cookie IDs, device IDs, and IP address) as described in the Cookies and Similar Technologies section of this Notice.

We may also share aggregated and/or anonymized data with our partners, advertisers, and other third parties as authorized by law for purposes including use for their own advertising and marketing activities.

Please note that some of our products include references or links to products provided by third parties whose privacy practices differ from ours. If you provide information to any of those third parties, or consent to our sharing information with them, that information is governed by their privacy statements.

Data Security

Ice420store uses various safeguards designed to protect personal information submitted to us, including, where appropriate, encryption of data stored and encrypting information in transit. Where Ice420store uses third party providers to store and transmit personal information, ice420store utilizes the security tools offered by these providers that are designed to protect personal information. In addition to use of certain security tools made available by third party providers, Ice420store takes reasonable and appropriate steps to help protect your Information against loss, misuse, and unauthorized access, or disclosure. No company can fully prevent security risks, however. While we strive to protect your personal information, we cannot guarantee its absolute security. To help protect yourself and your information, choose a unique password for our Services and do not use a password on our Services that you would use on any other website or online service.

Location of Personal Data

The information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we primarily use data centers in the United States where our servers are located. We have chosen this location to operate efficiently and improve performance. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have the data protection laws as comprehensive or protective as those in your country of residence; however we take steps designed to ensure that the information we collect under this Notice is processed according to the provisions of this Notice and applicable law wherever the information is located.

Accordingly, we transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections. To learn more about the European Commission’s decisions on the adequacy of personal data protections, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

Retention of Information

We retain information for as long as necessary to provide the Services you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.

Information Choices

Access, correction, and deletion. If you wish to request access to, or correction or deletion of, information about you that we hold, you may email your request to Ice420store.

To the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the information would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the information relates.

Communication Preferences. You may opt out of receiving marketing/promotional emails from Ice420store by following the instructions in those emails or by reviewing the settings in your account, depending on what type of account you have. You may opt out of receiving marketing/promotional text messages from Ice420store at any time by replying STOP to a marketing/promotional text message. If you opt out of receiving marketing/promotional emails and/or text messages, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

Choices for Cookies and Similar Technologies. See the Cookies and Similar Technologies section for choices about cookies and other analytics and advertising controls.

Many third-party tracking companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting, which you can access at:

Mobile advertising ID controls. Apple and Android mobile devices each generate an advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites. Each operating system provides options to limit tracking and/or reset the advertising ID.

You may decline to share certain data with Ice420store, in which case we may not be able to provide you with some of the features and functionality of the Site or Service. You may have the right to know what personal information Ice420store has about you and to correct any inaccuracies. Please direct any such requests by email to Ice420store. or by one of the other means listed at the end of this notice.

Right to Opt-out. You may opt-out of future “sales” of personal information. To do so, please visit our “Do Not Sell My Personal Information” page in the Cookies and Similar Technologies section of this Notice.

Your EU Privacy Rights

If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:

  • You can request access to, and rectification or erasure of, personal data;
  • If any automated processing of personal data is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
  • If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;
  • You can to object to, or obtain a restriction of, the processing of personal data under certain circumstances; and
  • For residents of France, you can send us specific instructions regarding the use of your data after your death.

To make such request, contact us at the contact information set forth below. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the Services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.

California Privacy Rights

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.

Right to Know. You have a right to request that companies provide you with the following information:

  • The categories and specific pieces of personal information we have collected about you.
  • The categories of sources from which we collect personal information.
  • The purposes for collecting, using, or selling personal information.
  • The categories of third parties with which we share personal information.
  • The categories of personal information we have disclosed about you for a business purpose. Note that the CCPA defines “business purpose” broadly; and because we use service providers for a number of business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support), in the past 12 months we have disclosed for a business purpose data from each of the categories of personal information we maintain.
  • The categories of personal information we have sold about you (if any), for each category of third parties to which the personal information was sold. Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Notice may be considered a “sale” under that definition. In particular, we let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information. We provide our “Do Not Sell My Info” disclosures in the Cookies and Similar Technologies section of this Notice.

You may make such a “request to know” by contacting us at Ice420store.com.au. Note that we have provided much of this information in this Notice.

Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, contact us at Ice420store.com.au

Right to Opt-Out. You have a right to opt-out from future “sales” of personal information. To do so, please visit our “Do Not Sell My Info” page in the Cookies and Similar Technologies section of this Notice.

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us. Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. Finally, you have a right to not be discriminated against for exercising rights set out in the CCPA.

Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. California Customers may request further information about our compliance with this law by e-mailing support@Ice420store.com.au. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated e-mail address.

Changes and Updates to this Privacy Notice

From time to time, we may revise this Notice to reflect changes in our Services, how we use information, or applicable law. To help you stay current of any changes, we note the date the Privacy Notice was last updated above. If we make material changes to the Notice, we will provide notice or obtain consent regarding such changes as may be required by law.

Terms Of Use

The website located at www.ice420store.com.au (the “Site”) is a copyrighted work belonging to Ice420store Holdings, Inc. (“Ice420store,” “Us,”“Our,” and/or “We”), and its affiliates, subsidiaries, parent company, and other related companies. Ice420store provides in-store product review and ordering services via kiosks at dispensaries, as well as websites, including Ice420store.com.au and related sub-domains, mobile and/or software applications that host content related to cannabis varieties and related products which include reviews and ratings provided by its users, directories of cannabis dispensaries and medical providers, and cannabis-related news stories and other articles (collectively, with all other services provided by Ice420store, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “user,” “you” and “your” refer to you, a user of our Site and/or Services.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. IMPORTANT DISCLAIMERS.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY LEAFLY ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. ICE420STORE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). ICE420STOTE IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SITE OR SERVICES. ICE420STORE IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS 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.

ICE420STORE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF ICE420STORE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND LEAFLY-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA LEAFLY’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON LEAFLY’S SOCIAL MEDIA PAGES AND CHANNELS

ACKNOWLEDGEMENT OF FEDERAL LAW: User expressly acknowledges that Leafly is for residents of states and localities with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective local laws. Marijuana is included on Schedule 1 under the United States, Europe, New Zealand and Australia Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.

2. ELIGIBILITY AND ACCOUNTS.
2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services within the United States.

2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Ice420store (“Ice420store Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one Ice420store Account. Ice420store may suspend or terminate your Ice420store Account in accordance with Sections 6.4 and 11.

2.3 Account Deletion. You may delete your Ice420store Account at any time, for any reason, by sending an email to support@leafly.com which includes your Ice420store Account Username and your request to delete your account.

2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Ice420store Account login information and are fully responsible for all activities that occur under your Ice420store Account. You agree to immediately notify Ice420store of any unauthorized use, or suspected unauthorized use, of your Ice420store Account or any other breach of security. Ice420store cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.5 Social Networking Services. Alternatively, we may permit you to login to the Site or Service or otherwise associate your Ice420store Account with your login credentials from certain social networking sites (e.g., Facebook and Twitter) (“SNS”). If you log in or otherwise associate your Ice420store 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 of said SNS will apply to the information we disclose to them.

3. SITE AND MOBILE APP
3.1 License. Subject to the terms of this Agreement, Ice420store grants you a non-transferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. Subject to the terms of this Agreement, Ice420store grants you a non-transferable, non-exclusive license to install and use the software Ice420store makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

3.3 Modification. Leafly reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Leafly will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the Site and Services are owned by Leafly or Leafly’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Leafly and its suppliers reserve all rights not granted in this Agreement.

3.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and Leafly and not with the App Platform. Leafly, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® in Section 14.5 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.

4. COMMUNICATIONS
4.1 Text Messaging. By using the Services or Software, you agree and consent to Leafly and those acting on its behalf sending you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Leafly, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on Leafly, communications concerning promotions run by us or our third-party partners, and news concerning Leafly and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of purchase of any goods or services offered by Leafly. If you change or deactivate the phone number you provided to Leafly, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Paragraph 13.

4.2 Opt-Out. By signing this agreement, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from Leafly at any time by replying STOP to a promotional text message from Leafly. You may opt-out of receiving all text messages from Leafly at any time by deleting your account or by replying STOP to any text message from Leafly. NOTE: if you opt-out of receiving all text messages from Leafly, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while Leafly processes your request, and you may also receive text messages confirming the receipt of your opt-out request. By signing this agreement, you are waiving your right to pursue any claims arising under the TCPA related to any messages sent to you while the opt-out request is pending. To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Paragraph 13.

4.3 Opting Back In. You may opt back into receiving text messages from Leafly at any time by replying START to a text message from Leafly.

4.4 Push Notifications. When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

4.5 Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

5. USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Leafly is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafly does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

5.2 User Content – Restrictions. You agree not to use the Site, Services, or any of Leafly’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Leafly. You acknowledge and agree that Leafly is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafly does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Leafly), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Leafly is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.

5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Leafly an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

5.5 Feedback. If you provide Leafly any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Leafly all rights in the Feedback and agree that Leafly shall have the right to use such Feedback and related information in any manner it deems appropriate. Leafly will treat any Feedback you provide to Leafly as non-confidential and non-proprietary. You agree that you will not submit to Leafly any information or ideas that you consider to be confidential or proprietary.

6. ACCEPTABLE USE POLICY.
The following sets forth Leafly’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid account and email address to leave a review on Leafly. Prior to posting a review, you will need to verify your email address associated with your Leafly account. You agree not to post reviews on the Site, Services, or any of Leafly’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Leafly’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about any Dispensary employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary you may not post reviews about your Dispensary or products or about your competitors’ Dispensary or products. As an owner of a Dispensary, you are responsible for moderating and enforcing the Acceptable Use Policy on all reviews posted to your Dispensary page.

6.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, 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. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.

6.3 Technological Restrictions. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Leafly or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Leafly Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

7. INDEMNITY.
You agree to indemnify and hold Leafly (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Leafly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Leafly. Leafly will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE.
8.1 Third-Party Interactions. During use of the Site or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, Leafly is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. Leafly shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

8.2 Third-Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals and dispensary Menus, including pricing, product names, and product descriptions each Menu (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that Leafly is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Leafly does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

8.3 Deals. The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. Leafly displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not Leafly, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Site or Service users (including Dispensaries) are solely between you and such user. You agree that Leafly will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

8.5 Release. In consideration of your use of the Site and Services, you hereby release and forever discharge Leafly (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, 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 claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, 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, Third-Party Interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a non-California resident, you hereby agree that the release above applies to all claims, including claims you did not know existed at the time you signed this Agreement.

9. DISCLAIMERS
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LEAFLY (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU

10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAFLY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEAFLY’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID LEAFLY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Leafly Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Leafly Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Leafly Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Leafly will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Leafly Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–14.

12. COPYRIGHT POLICY.
Leafly respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

12.1 Your physical or electronic signature;

12.2 Identification of the copyrighted work(s) that you claim to have been infringed;

12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;

12.4 Sufficient information to permit us to locate such material;

12.5 Your address, telephone number, and e-mail address;

12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for Leafly is:
Copyright Agent
Legal Department
Leafly Holdings, Inc.
600 1st Ave STE LL20.
Seattle, WA 98104
Email: legal@leafly.com

13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
Except for disputes brought in small claims court, all disputes between you and Leafly arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration and not in court. This agreement to arbitrate applies to any claim brought under the laws of any state or national government, including claims under the Telephone Consumer Protection Act of 1991, the Federal Trade Commission Act, the Consumer Product Safety Act, or any other federal, state or local law or ordinance. There is no judge or jury in arbitration and you are agreeing to waive your right to pursue claims in court to the greatest extent permitted by law. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND LEAFLY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class and representative-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration, and any class or representative-action claims shall proceed in a court of competent jurisdiction in King County, Washington. This arbitration agreement is entered into and enforceable pursuant to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Leafly makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) about which you had already provided notice to Leafly. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in King County, Washington. You hereby accept the exclusive jurisdiction of such court for this purpose. To the extent enforceability of this Agreement requires reference to any state law, the Parties agree such reference shall be to the laws of the State of Washington without regard to conflict of law provisions.

13.1 Pre-Arbitration Dispute Resolution. Prior to resorting to formal dispute resolution procedures, you hereby agree to try to resolve disputes amicably and efficiently by emailing customer support at support@leafly.com. Any communication to us regarding any dispute you have must be sent within ninety calendar days of the date of the event giving rise to the dispute. You agree that engaging in this pre-arbitration dispute resolution procedure is a prerequisite to initiating a complaint in arbitration or any other form. If pre-arbitration dispute resolution efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) within ninety calendar days of the date on which the parties agree that the pre-arbitration dispute resolution has failed. The Notice to us should be sent to the address identified in Section 14.6 below. You hereby agree that failure to follow any of the steps outlined in this paragraph operates as a waiver of your right to pursue your claims in arbitration or any other forum.

13.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

13.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will individually arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

14. GENERAL
14.1 No Support or Maintenance. You acknowledge and agree that Leafly will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

14.2 Changes to Terms of Use. We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.3 Copyright/Trademark Information. Copyright © 2016, Leafly Holdings, Inc. All rights reserved. Leafly®; the Leafly logo; the Leafly green, purple and rusty maroon colors used in combination; the Leafly green, purple, and rusty maroon colors used for hybrid, indica, and sativa cannabis strains; and the Leafly tile designs (collectively, the “Marks”) are trademarks of Leafly Holdings, Inc. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”). Google Play™ is a trademark of Google, LLC. You acknowledge and agree that You are not permitted to use Leafly’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, Leafly Holdings, Inc., Apple, or the owners of such third-party marks.

14.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):

(a) You acknowledge and agree that (i) this Agreement is concluded between you and Leafly only, and not Apple, and (ii) that Leafly, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.

(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Ice420store and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ice420store.

(d) You and Ice420store acknowledge that, as between Ice420store and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Ice420store acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Ice420store and Apple, Ice420store, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(f) You and Ice420store acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.

(g) You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.

14.5 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Ice420store of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Ice420store. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ice420store’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

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