Terms of Use

 

Last Updated: 06.01.2018

Welcome to www.thehighly.co (the "Site"). Eden Jax, LLC, which does business as The Highly ("we" or "us"), operates the Site and provides resources on cannabis and related products (collectively with the Site, the "Services"). Before using any of the Services, please note that all content, materials, or services provided on or through the Site may be used solely under the following legally binding terms and conditions (these "Terms").

Please read these Terms carefully and only use the Services if you agree to them. When you use the Services, you're acknowledging that you meet all of our eligibility requirements and that you agree to be bound by these Terms. If you don't accept these Terms of don't satisfy the eligibility requirements, you may not use the Services.

 

1. IMPORTANT DISCLAIMERS.

OUR SERVICES FEATURE CONTENT ABOUT CANNABIS AND OTHER RELATED SUBSTANCES THAT ARE ILLEGAL UNDER FEDERAL LAW AS WELL AS UNDER STATE LAW IN CERTAIN STATES, AND TRANSPORTING CANNABIS ACROSS STATE LINES IS A FEDERAL OFFENSE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR MATERIALS MADE AVAILABLE ON THE SITE, IN OUR NEWSLETTER, OR FOR THE SERVICES THAT MAY PROMOTE, CONDONE, ADVOCATE, LICIT OR ILLICIT DRUG USE, OR ILLEGAL ACTIVITIES. ALL CONTENT ON THE SITE IS FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. We are not liable for anything that happens to you that somehow may be connected to your use of our Services.

THE HIGHLY DOES NOT OFFER MEDICAL ADVICE. THE CONTENTS OF THE SERVICES HAVE NOT BEEN EVALUATED BY THE FEDERAL DRUG ADMINISTRATION NOR APPROVED BY ANY OTHER GOVERNMENT OR OFFICIAL BODY. NOTHING IN THE HIGHLY CONTENT (AS DEFINED BELOW) OR THESE SERVICES IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE CONCERNS ABOUT THE USE OF CANNABIS AND YOUR HEALTH, YOU SHOULD TALK TO YOUR DOCTOR. THIS IS ESPECIALLY TRUE FOR YOUTH, PREGNANT OR BREASTFEEDING WOMEN AND THOSE WHO NEED HELP TO STOP USING MARIJUANA. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.

 

2. IMPORTANT ELIGIBILITY REQUIREMENTS.

The Services are not intended for use by anyone under the age of 21. If you are under the age of 21, you are not permitted to use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction do not prohibit you from doing so. Please make sure your use of the Services is in compliance with all laws, rules and regulations that apply to you.

 

3. CHANGES TO THE TERMS.

Soundbite: These Terms are a legally binding contract. It may change as our service changes, and you agree you will review these Terms and any updates regularly.

We reserve the right to update and revise these Terms at any time. We will make sure to change the "Last Updated" date at the top of this page so you can tell if these Terms have changed since your last visit. We will also notify you when we make significant changes, either through a pop-up notice on the Site, via e-mail, or through other through other measures. If you continue to use the Services after the changes are made, you are agreeing to the changes. If any future changes are not acceptable to you, then you may not use continue to use the Services.

 

4. AGE AND ELIGIBILITY REQUIREMENTS.

The Services are not intended for use by anyone under the age of 21. If you are under the age of 21, you are not permitted to use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction do not prohibit you from doing so. Please make sure your use of the Services is in compliance with all laws, rules and regulations that apply to you.

 

5. YOUR RESPONSIBILITIES AND RESTRICTIONS.

Soundbite: If you do not act responsibly and in accordance with these Terms, we may prohibit your use of the Services.

You may only use the Services in accordance with these Terms or any other policies that we may provide to you. You agree not to use (or encourage anyone else to use) the Services in manner that:

  1. Violating laws and rights : violates any law, statute, ordinance or regulation;
  2. Unauthorized access : (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; (b) modifies, adapts, translates, reverse engineers, decompiles, disassembles any of the contents of the Services into any form not so intended to be read; or (c) scrapes any portion of the Services of the Highly Content (as defined below).
  3. Harming others: is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous;
  4. Disruption: violates the security of any computer network, or cracks any passwords or security encryption codes; or
  5. Solicitation: runs "spam" on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services' infrastructure).

 

6. GENERAL DISCLAIMERS.

Soundbite: You use our Services at your own risk. We don't make any warranties or guarantees.

We do not make any representations, warranties or guarantees with respect to the completeness, reliability, accuracy, quality, availability or legality of the Services or any information or guidance provided in connection with the Services. We expressly disclaim all warranties (express or implied) with regard to the information contained on the Site or otherwise made available to you through the Services, including but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.

 

7. LIMITATION ON LIABILITY; INDEMNIFICATION.

Soundbite: We are not liable for anything that happens to you that somehow may be connected to your use of our Services. You may be responsible for our legal fees and costs arising out of your use of our Services.

You are solely responsible for your use of and reliance on the Services and any information contained herein, and you acknowledge and agree that your use of the Services or reliance on any such information is done at your own risk, including the risk of physical injury, harm or death.You further acknowledge and agree that you are solely responsible for the results of any actions or omissions that you may choose to take as a result of using the Services and for any loss, damage or other liability that may arise in connection therewith. Unless prohibited by law, you further assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your actions or omissions that you may choose to take as a result of using the Services or relying on any information contained in the Services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM OUR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO THE SERVICES OR THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR DIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

To the extent authorized by law, you agree to indemnify and hold us (and our parents, subsidiaries, affiliates, shareholders, officers, directors, employees, contractors, consultants, agents and third party partners) harmless from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorney's fees) resulting directly or indirectly from or arising out of (a) your violation of the Terms, and/or (b) your use of any of the Services.

 

8. PRIVACY POLICY.

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

 

9. INTELLECTUAL PROPERTY RIGHTS.

Soundbite: We own all of the content we create, but you may use it, subject to these Terms, while you use the Services. You cannot use our logo without our written permission.

You acknowledge that all materials displayed or made available by us on the Services, including, but not limited to text, graphics, data, articles, photographs, images, illustrations and other content (collectively, the " Highly** Content**"), are owned by us or our third party licensors and are protected by intellectual property laws. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Highly Content accessed through the Services and that you will not copy, download, store, modify, reproduce, publish, distribute, upload, display, create derivative works, license, sell or otherwise exploit the Highly Content for any purpose whatsoever.

Without limiting the aforementioned, you are solely permitted to use the Highly Content in the form presented to you for your personal, educational and non-commercial use.

Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at office@itshighlythehighly.co.

 

10. THIRD PARTY MATERIALS AND CONTENT.

Soundbite: We use third-party services to help us provide Services, but such use does not indicate that we endorse them or are responsible or liable for their actions.

You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites ("Third Party Materials"). You acknowledge and agree that we are not responsible for the content, legality, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

 

11. MODIFICATIONS OR TERMINATION OF THE SERVICES.

We reserve the right to change, suspend, discontinue, cancel or terminate the Services or any part of the Services at any time in our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

 

12. GOVERNING LAW AND JURISDICTION.

Soundbite: We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems.

No matter where you're located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

 

13. WAIVER.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

14. SEVERABILITY.

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 

15. ENTIRE AGREEMENT.

These Terms constitute the entire agreement between you and the Highly and supersede all prior or contemporaneous communications and agreements, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

 

16. NOTICES AND COMMUNICATIONS.

As a part of these Services, we may contact you or provide you with service-related and/ or promotional notices by means of postal mail, e-mail, general site notifications and more using the contact information you have provided to us. You may request to opt out of some of those communications by emailing us at office@thehighly.co.

 

17. COMMENTS, CONCERNS AND COMPLAINTS.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to office@thehighly.co.