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Budcheck Terms of Use

Last Updated and Effective: 1.9.2024

1.      BINDING CONTRACTUAL TERMS

Welcome to Budcheck! These Terms and Conditions of Use (“Terms”) are a binding agreement between you and Budcheck LLC, a Delaware Limited Liability Company, and its affiliates, subsidiaries, and related companies (collectively, “we,” “us,” “our”, or “Budcheck”) and set forth the terms and conditions under which you are authorized to use our products and service, which include, but are not limited to, our websites, including www.bud-check.com and any website where these Terms are posted, and any subdomains and mobile versions thereof (collectively, the “Service”). Please note that Budcheck’s use of any personal information you provide to us, including during the registration process, is governed by our Privacy Policy.

ATTENTION:  PLEASE READ THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL AGREEMENTS BETWEEN YOU AND BUDCHECK CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR ACCESSING ANY PART OF THE SITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND ACKNOWLEDGE THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS AND PRIVACY POLICY, DO NOT USE THE SITE AND DELETE ANY DOWNLOADED MATERIALS IMMEDIATELY.

These Terms include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, and a class action waiver in Sections 1, 5, 6, 7, 11, 13-15, 19, Please review those sections (and all of the other terms) carefully.

2.      AGE RESTRICTION

The Service is intended for and available to individuals who are at least twenty-one (21) years old, who can willingly and knowingly enter into binding contracts under Applicable Law (defined below), and who access and use the Service for their personal use (“Consumers”) or on behalf of a business. You must be at least twenty-one (21) years old to access or use the Service. You may be asked to verify that you are over the applicable age limit when you access or use the Service, and you agree that you will not misrepresent your age. The Service is not available to minors, previously suspended users, or to any individuals who are otherwise ineligible to use or access the Service. You agree that you will not invite any person to use or access the Service who is not eligible under these Terms, or facilitate access to or use of the Service for someone who does not meet the minimum legal age described above.

3.      Acknowledgement of laws

By accessing or using our Service, you represent and warrant that your use complies with all applicable federal, state, and local laws, statutes, ordinances, rules, and regulations of any jurisdiction throughout the world (“Applicable Law”), including but not limited to:

  • S. Federal Law. Budcheck operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, the possession, use, cultivation, and transfer of marijuana and any related drug paraphernalia is illegal, and any such acts are criminal acts. You hereby acknowledge that strict compliance with applicable state and local laws with respect to marijuana may neither absolve you of liability under U.S. federal law nor provide a defense to federal criminal charges. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
  • S. State Law. You expressly acknowledge that the Service is intended for use in states and localities with laws regulating medical or the adult-use of marijuana only. You expressly acknowledge, understand, and agree that although certain U.S. states and territories of the U.S. authorize medical or adult-use marijuana production and distribution by licensed or registered entities, under U.S. federal law, the possession, use, cultivation, and transfer of cannabis and any related drug paraphernalia is illegal, and any such acts are criminal acts.
  • The Laws of Your Location. While the Service may be accessed online from various locations, Budcheck only provides the Service in certain states, cities, counties, municipalities, provinces, and jurisdictions with laws regulating medical or the recreational use of marijuana (“Service Area”). You must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to access or use the Service. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while accessing or using the Service. Budcheck reserves the right to determine or change its Service Area in its sole discretion at any time.
  • Health Information. You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available through the Service have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products described on the Service are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to provide medical advice or offer a cure to any health or medical condition nor to provide a substitute for the advice provided by a physician or other healthcare professional. If you are pregnant, nursing, taking medication, or have a medical condition, please seek the advice of your healthcare practitioner before using any products seen on the Websites.

4.      Budcheck Service Limitations

Budcheck solely provides cannabis grading services and a related platform. Budcheck is not a licensee, cannabis retailer, cultivator, or cannabis brand and does not provide delivery of any cannabis, process payments for cannabis, or cultivate, manufacture, package, or sell cannabis.

5.      CHANGES

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT BUDCHECK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms.

We may change these Terms at any time. Please review the Terms each time you visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE Terms. If we materially change these Terms, we will let you know by showing them to you again when you access the Service and sending an email notifying you of the changes to the email address we have on file for you. If we do not have your email address, we will update this page to reflect any changes to the Terms.

6.      LINKS TO AND FROM THE SERVICE

The Service may contain links to third party websites and online services (such as apps, social media sites and third party webpages) that are not owned or controlled by Budcheck. Budcheck has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Budcheck will not and cannot control or edit the content of any third-party website or online service. Third-party businesses are solely responsible for ensuring that their products, services, or businesses are offered in a safe, legal, and compliant manner. Budcheck has no responsibility or liability for any products or services offered through any third-party website or online service.

BY USING THE SERVICE, YOU EXPRESSLY RELEASE BUDCHECK, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE BUDCHECK PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions of use for each other website or online service that you visit.

Except as you have otherwise agreed with Budcheck in writing, you may link to the website from your website, subject to the following:  (1) you may not frame the website or any portion of the website; (2) you will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Budcheck name and not any Budcheck logo; (4) you may not use any Budcheck logos in any way; (5) you may not use the link in any way that suggests that Budcheck is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Budcheck or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the website at any time for any reason or no reason.

7.      USER SUBMISSIONS

You may submit feedback, notes, text, material, information, comments, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Service (“User Submissions”). Budcheck welcomes your comments and suggestions. However, except for any personal information we may collect from you pursuant to Our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that Budcheck (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of submitting them. Budcheck does not claim ownership of any of your User Submissions. However, by submitting the User Submissions to Budcheck, you hereby grant Budcheck and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Budcheck’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms. You also agree that immediately upon the creation by or on behalf of Budcheck, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Budcheck, and that we will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Budcheck in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest you have or may be deemed to have in and to the Modified Content to Budcheck.

In connection with User Submissions, you represent and warrant that you will not:  (1) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Budcheck all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Budcheck or any third party; (3) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (4) transmit, submit, or post material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your transmitting, posting or submitting User Submissions.

You understand that when using the Service, you may be exposed to User Submissions from a variety of sources, and that Budcheck is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. you further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE BUDCHECK PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE BUDCHECK PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

8.      USERS WHO VIOLATE THE TERMS OF USE

Budcheck may, at its sole discretion, disable, partially disable, or terminate the accounts of any users who violate these Terms, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these Terms including any warranties; and (4) users who misuse or challenge Budcheck’s rights in the Content.

9.      Restrictions on Use of the Service

In your use of the Service, you will not:

  • use the Service for any purpose other than for using the features we intentionally make available to you;
  • copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Budcheck;
  • alter, modify or make derivative works from any part of the Service without the prior written authorization of Budcheck;
  • resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms, the Service or any Content, in whole or in part;
  • modify, copy, distribute, download, scrape, use to train software or artificial intelligence, or transmit in any form or by any means any Content from the Service other than your content which you legally post on, through or in connection with the Service and other than the text from your own chats with characters you created.
  • provide false personal information or create an account for anyone other than yourself without permission;
  • show another person in an image, or otherwise use a person’s characteristics, without their permission;
  • create another account without our permission, if we have disabled your account;
  • share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
  • assign or transfer your account or login information to anyone;
  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential (including social security or alternate national identity numbers, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, 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;
  • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
  • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
  • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
  • impersonate or misrepresent any person or entity or your affiliation with someone else;
  • collect personal information of other users;
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
  • solicit other users to join, become members of, or contribute money to any online service or organization other than Budcheck;
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • stalk, bully, or otherwise harass any person or entity; or
  • harm minors or other users in any way.

Budcheck will fully cooperate with any law enforcement authorities or court order requesting or directing Budcheck to disclose the identity of anyone violating these Terms.

10.  INTELLECTUAL PROPERTY

Everything you see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Budcheck, subject to copyright and other intellectual property rights under United States and international laws and conventions. Budcheck owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws.

For your personal use, you may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Budcheck reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Budcheck in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Budcheck. You may not build a business using the Content, whether or not for profit. If you copy, screenshot, download, or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Service.

11.  Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your registration).

WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION ON THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12.  Representations and WARRANTIES

You warrant and represent to Budcheck as set out below:

  1. The information you provide to Budcheck in any registration or application screen, profile, email, postings, telephone call, or through other means including all personal details, contact details, and all other data provided to Budcheck is true in all respects, accurate, up-to-date, and not misleading in any way.
  2. You will keep the information referred to in paragraph (a) up to date.
  3. If you access the Service on behalf of your business, you:
    1. hold in good standing all applicable required licensure necessary for your business, including but not limited to: cannabis cultivation license(s) as prescribed and permitted by the licensing board, authority or similar regulatory authority for the city, town, county and/or state (each as applicable) in which you operate your business and the governmental cannabis licensing commission for the state in which your business operates (if such governmental regulatory licensing framework exists); and
    2. shall promptly provide copies of the required license and registration information to Budcheck upon request at any time.
  4. You will not access the Service under false identity or pretext and will not use it to falsify your or any other person’s identity (however, this will not prevent you from using a nickname by which you are known provided the name is used lawfully and in good faith).
  5. You have the permission of any individuals depicted in photographs, videos, or recordings that you submit to the Service to use their likeness, voice or other identifying characteristics, as well as all other legal rights necessary to grant the license above to Budcheck.
  6. You will use the Service lawfully and in good faith.
  7. You will keep your log-in details and password secure and will not share such information with third parties.

13.  DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BUDCHECK PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE, THE CONTENT, AND ANY SERVICE, EVENT, OR AGREEMENT WITH AN ADVERTISER OR THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BUDCHECK PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE BUDCHECK PARTIES RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, CONTENT AND ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE BUDCHECK PARTIES AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE BUDCHECK PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES OR ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY BUDCHECK; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE FOR SMS MESSAGING, EMAIL OR OTHER NOTIFICATIONS DOES NOT VIOLATE LOCAL, STATE OR NATIONAL LAWS. THE BUDCHECK PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

14.  INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE BUDCHECK PARTIES HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTIES’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF A THIRD PARTY OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BUDCHECK PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE BUDCHECK PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE BUDCHECK PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY RELATED TO YOUR ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, AND/OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT, LOGIN INFORMATION, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS AND/OR PASSWORD.

IF THE BUDCHECK PARTIES DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE BUDCHECK PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE BUDCHECK PARTIES.

YOU AGREE AND CONSENT TO RECEIVE TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE.  TO THE EXTENT YOU SEND A MESSAGE GOVERNED BY THE TELEPHONE CONSUMER PROTECTION ACT OR THE CAN-SPAM ACT THROUGH THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BUDCHECK PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE BUDCHECK PARTIES IN CONNECTION WITH YOUR FAILURE TO OBTAIN PROPER CUSTOMER OR POTENTIAL CUSTOMER CONSENT TO INPUTTING PERSONAL INFORMATION INTO THE SERVICE OR SENDING TEXT MESSAGE NOTIFICATIONS, EMAILS, OR OTHER NOTIFICATIONS THAT ARE SENT VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE CAN-SPAM ACT.

15.  LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BUDCHECK PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE, CONTENT OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE BUDCHECK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE BUDCHECK PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE BUDCHECK PARTIES’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF BUDCHECK’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) USER SUBMISSIONS, CONTENT, OR THIRD PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT, (10) STATEMENTS OR CONDUCT OF ANY USERS, ADVERTISERS OR OTHER THIRD PARTIES THROUGH THE SERVICE; (11) ERRORS OR OMISSIONS IN ANY CONTENT. ANY BREACH OF THESE TERMS BY BUDCHECK OR THE FAILURE OF BUDCHECK TO PROVIDE ANY SERVICE UNDER THESE TERMS; AND (12) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUDCHECK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BUDCHECK PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL OR LOG-IN DETAILS WITH ANY OTHER PERSON.

THE BUDCHECK PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE TOTAL SUM PAID BY YOU TO BUDCHECK IN THE IMMEDIATELY PRECEEDING SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO A CLAIM.

Any claims relating to use of the Service must be bought by you within one (1) year from the date the cause of action arose. Claims brought by you after such period are VOID. The Service is controlled and offered by Budcheck from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party will not be in breach of these Terms, nor liable for any failure or delay in performance of any of its obligations under these Terms where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Budcheck, Budcheck will use reasonable efforts to notify users through the Service or through its website or by email communication.

16.  Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT BUDCHECK HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE BUDCHECK PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUDCHECK. BUDCHECK WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.  Equitable Relief

If you violate these Terms, we may seek injunctive relief or other equitable relief.

18.  ASSIGNMENT

The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Budcheck’s prior written consent, but may be assigned by Budcheck without restriction and without notice to you.

19.  Class action WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

20.  Subpoena Fees

If Budcheck has to provide information in response to a subpoena related to your account, then we may charge you for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

21.  GENERAL

These Terms, along with any additional terms applicable to parts of the Service you use, and any other terms referenced in these Terms, constitute the entire agreement between you and us in connection with your access to and use of the Service. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms.

Budcheck and you do not intend to confer, and these Terms will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Budcheck, you, and each party’s successors and assigns. No modification, alteration or waiver of any of the provisions of these Terms will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Budcheck’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms are governed by Washington State law, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the state and federal courts of King County, Washington in relation to any dispute between them arising out of the subject matter of these Terms.

 

 

 

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