THE BUDSANDROSES.COM TERMS OF USE

TERMS OF USE FOR THIS WEBSITE
The website displayed at www.budsandroses.com (“Site”) is operated Buds And Roses, Inc.. Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates. AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Permitted Users of this Site
This Site is intended to be used and accessed by people who are of legal age and a valid physician’s recommendation to purchase and consume Medical Cannabis, pursuant to Sections 11362.7-11362.85 of the California Health and Safety Code. If you do not meet these qualifications, please exit this Site immediately.

Rights to Contents and Intellectual Property
The copyrights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Buds and Roses, its parents, affiliates, subsidiaries, or third-party licensors. Without express authorization by Buds and Roses, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Buds and Roses’ express prior written consent. Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by Buds and Roses or its parents, affiliates, or subsidiaries, and except as specifically allowed herein, may not be used by you without the prior written consent of Buds and Roses or the appropriate owner. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Image & Video Download and Usage
Buds and Roses or its parents, affiliates, or subsidiaries is the owner of the Image or licensee of the images and videos on this Site. Subject to these Terms and Conditions, you may use the Images and Videos solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. Images and Videos cannot be used to promote or sell any product (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Images and Videos, in whole or in part, for any reason. You, not Buds and Roses or its parents, affiliates, or subsidiaries, are responsible for your use of the Images and Videos. Any misuse of the Images and Videos or breach of these Terms and Conditions may cause Buds and Roses or its parents, affiliates, or subsidiaries irreparable harm.

Use of this Site
Buds and Roses maintains this site for media use as well as your personal entertainment and information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Buds and Roses’ express prior written consent. All rights not expressly granted here are reserved to Buds and Roses. You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties
BUDS AND ROSES DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.

Buds and Roses also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.

Limitation of Liability
In no event shall Buds and Roses, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification
You agree to defend, indemnify, and hold Buds and Roses harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Buds and Roses will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Buds and Roses cannot prevent the “harvesting” of information from this Site, and you may be contacted by Buds and Roses or unrelated third parties, by e-mail or otherwise, within, or outside of this Site. Anything you transmit may be edited by or on behalf of Buds and Roses, may or may not be posted to this Site at the sole discretion of Buds and Roses and may be used by Buds and Roses or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Buds and Roses is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by Buds and Roses without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although Buds and Roses may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Buds and Roses is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Buds and Roses assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Notice and Procedure for Making U.S. Claims of Copyright Infringement
It is our policy to promptly respond to claims of copyright infringement and comply with all provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to info@budsandroses.com.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to info@budsandroses.com includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Buds and Roses may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination
At its sole discretion, Buds and Roses may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you, and without liability to you or any third party.

Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Buds and Roses or its affiliates do not imply endorsement of that product, publication or site. Buds and Roses has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Buds and Roses. Each linked to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. Buds and Roses does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Buds and Roses does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Buds and Roses intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to Buds and Roses, located in the State of California, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

YOU MUST READ THE PRIVACY POLICIES OF THIRD PARTY SITES
On this Site, we may provide as a convenience to you links to other websites, including sites operated by us, our partners, associates, or independent third parties such as Facebook, Twitter, or Youtube. These links are provided as a convenience to you. The fact that we link to a website is not an endorsement, authorization, or a representation of our affiliation with that third party. Each website has its own privacy practices, as described in that site’s privacy policy. Those practices may be different than the practices described herein, and we urge you to read each website’s privacy policy carefully before you use or submit information to that site. Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot and are not responsible for any information that you may submit at that site.

CHILDREN’S PRIVACY PROTECTION
This Site does not target children or provide products or services for use by children. We do not knowingly collect information from persons under the legal age for cannabis consumption. If you are not of legal age to consume cannabis, you may not use this Site.
WE RESERVE THE RIGHT TO CHANGE OR UPDATE THIS POLICY AT ANY TIME BY POSTING A NOTICE THAT WE ARE CHANGING OUR PRIVACY POLICY OR BY SENDING AN E-MAIL MESSAGE TO PREVIOUSLY REGISTERED VISITORS.
What To Do If You Have Questions Or Concerns About Your Information, Or If You Need To Contact Us?
If you need information or have any questions or concerns about this Privacy Policy or our use of your Personal Information, or wish to review all of your Personal Information, you may contact us via e-mail info@budsandroses.com.

LEGAL

ACKNOWLEDGMENT OF CALIFORNIA LAW.
You expressly acknowledge that Buds and Rose’s services are for qualified patients under California Health & Safety Code Section 11362.5, 11362.7, et seq., and a physician has recommended the use of medical marijuana. You also expressly acknowledge that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless all participants are acting completely within the scope of California’s medical cannabis laws as set forth in the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use and the Medical Cannabis Regulation & Safety Act (consisting of AB243, AB266 and SB643) and any amendments thereto.

ACKNOWLEDGMENT OF FEDERAL LAW.
Marijuana is included on Schedule 1 under the United States 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. You hereby further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge that the interstate transportation of marijuana is a federal offense.