Terms & Conditions
HIGH BUDS CLUB MEMBERSHIP AGREEMENT
This Membership Agreement (the “Agreement”) entered into between High Buds Club Inc and 12536935 Canada Inc. (“High Buds Club” or “we” or “us” or “our”) and the individual accepting this Agreement (“you” or “your”), is effective on the date of your acceptance, and provides the terms of your membership in the High Buds Club (the “Program”). By clicking to accept this Agreement, you agree to be bound by its terms.
1. REGISTRATION AS A MEMBER
You become a member of High Buds Club (“Member”) by completing the registration of a High Buds Club account (the “Account”). This Agreement takes effect upon your acceptance of this Agreement. You may not become a Member if you are under the age of nineteen (19).
2. MEMBERSHIP, CONTENT AND SERVICES
Members may obtain access to opportunities, industry events and an open door to a like-minded community to share and learn from (collectively, the “Services”). As a Member, you may obtain access to certain services and content available to Members, including, without limitation, purchasable, promotional, and other membership content (collectively, “Content”). We may add or remove Services and Content from our memberships and the Program at any time in High Bud’s Club’s sole discretion and make no guarantee as to the availability of specific Services and Content in the Program. Some of our Services and Content may be offered in limited provinces and territories in Canada.
3. USE AND RESTRICTIONS
You may access and use the Services, Content and Program only in accordance with all applicable laws and regulations and with this Agreement. You hereby acknowledge and agree that you are using the Services and the Content solely for your personal and non-commercial use and only as authorized by this Agreement. You are using the Services and Content in a jurisdiction where access to, or use of, the Services or the Content, is not prohibited or illegal. In any case, you must be of legal age.
If you are accepting this Agreement and using the Services and Content on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case, the words “you” and “your” as used in this Agreement shall refer to such entity.
We reserve the right to accept or refuse membership or to restrict use of the Program, Services and Content in our sole discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse by you.
4. YOUR ACCOUNT
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You hereby agree that you shall exercise absolute caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you agree not to provide any other person with your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We are not responsible for the use of your password and Account or by any person to whom you may have intentionally/or by negligence disclosed your login and/or password in violation of this provision. Unless it results from our gross negligence, we shall not be responsible for the use of your Account by a person who fraudulently used your login and password without your permission.
We reserve the right at any time and from time to time, to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.
5. MEMBER BEHAVIOUR AT EVENTS
Members may, from time to time, be invited to official and related unofficial events hosted by High Buds Club or other third parties (individually, each an Event, collectively, the “Events”). By seeking to attend or attending an Event, you agree to abide by the terms of this provision at all Events.
Cannabinoids, cannabis or other cannabis related products (collectively, “Cannabis”) may be available for consumption at Events as permitted by law in the jurisdiction where the Events are held. By attending the Events, you agree to consume Cannabis responsibly and to be solely responsible for your actions while under the influence of Cannabis. High Buds Club is not responsible for your actions or the actions of others at any Event.
Event organizers, including, but not limited to High Buds Club, may, at their sole discretion, take any action they deem appropriate, in their sole discretion, including asking a Member to stop unacceptable behaviour, reporting the Member to security, or expelling the Member from the Event. Members are expected to immediately comply with such requests. Any Member who violates this provision may be prohibited from participating in future Events. Behaviour that is determined to be unacceptable behaviour shall be in the event organizers’ sole discretion, and all such decisions are final and binding on the Member.
You agree to indemnify and hold harmless each of High Buds Club, its agents, affiliates, subsidiaries, suppliers and each their respective directors, officers, agents and employees, from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal and accounting fees) arising from or in connection with your attendance at an Event, your behaviour or the behaviour of others at an Event, your violation of the rights of any third party at an Event, any violation by you of any Event rules, policies, and codes of conduct.
6. EVENT PHOTOGRAPHY POLICY AND RELEASE
By attending Events, you hereby agree and consent that High Buds Club may tape and photograph you, and record your voice, conversation and sounds, and that High Buds Club shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the event or otherwise. For purposes of clarity, you expressly waive any and all moral and legal rights you may have in connection with your appearance.
In the event you take your own photographs, tapings, and recordings and share such photographs, tapings, and recordings with High Buds Club through High Buds Club’s social media accounts, including but not limited to Twitter, Instagram, Snapchat, LinkedIn, email, or by any other means, you agree to grant High Buds Club a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such photographs, tapings, and recordings throughout the world in any media for all purposes, including in advertising and promotions. You grant High Buds Club the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant to High Buds Club that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify High Buds Club for all claims resulting from content you supply. High Buds Club has the right but not the obligation to monitor and edit or remove any activity or content. High Buds Club takes no responsibility and assumes no liability for any content posted by you.
7. THIRD PARTY LINKS
We may provide links to websites of third parties (the “Third Party Links”). We are not responsible, directly or indirectly, in any way, for the accuracy, relevancy, completeness or timeliness of any content accessible from any Third Party Links. We are not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Third Party Links.
The inclusion of any Third Party Links does not imply endorsement or approval by us of the Third Party Links and any third party named therein, or their products and services. We shall not be liable whatsoever for any incompatibility, non-suitability, viral infection, or other destructive/disruptive components on or from such Third Party Links.
Use of any Third Party Links is at your sole risk.
8. THIRD PARTY CONTENT
In addition to the Third Party Links, High Buds Club may provide other third party content through the Services or the Content (collectively, the “Third Party Content”). High Buds Club does not control or endorse any Third-Party Content and makes no representations or representations of any kind regarding the Third-Party Content, including, without limitation, its accuracy or completeness.
9. MODIFICATIONS
We, in our sole discretion, at any time, without notice or liability, may modify, alter, or otherwise update this Agreement or the Program and you agree to be bound by such modifications, alterations and/or updates. If any change to this Agreement is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of this Agreement.
The continued use of the Program by you following any changes, alterations and/or modifications to this Agreement or the Program constitutes acceptance by you of such modifications.
If you do not agree to any changes, you must not use the Program and must cancel your membership.
10. USE OF LICENSE
The Program, Services and Content are owned and operated by High Buds Club. Unless otherwise indicated, all Content is protected by all applicable copyright and trademark laws. Unless otherwise expressly stated in writing by High Buds Club, by agreeing to this Agreement, you are granted a limited, non-sublicensable license to access and use the Services and the Content solely for your personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the Services or the Content;
use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
use any of the Services or the Content except for their intended purposes;
attempt to decompile or reverse engineer any software or any of the Content;
remove any copyright or other proprietary notations from the Content; or
transfer the Content to another person or "mirror" the Content.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by High Buds Club at any time, at its sole discretion. Upon the termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format forthwith.
11. NO WARRANTIES OR REPRESENTATIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN 'AS IS” AND “AS AVAILABLE”' BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY HIGH BUDS CLUB TO THE FULLEST EXTENT PERMITTED BY LAW.
NO USE OF THE SERVICES OR OF THE CONTENT WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED HEREIN. ANY USE OF, OR RELIANCE ON, THE SERVICES, THE CONTENT OR ANY THIRD PARTY LINKS OR THIRD PARTY CONTENT IS AT YOUR SOLE RISK.
12. ACCURACY, COMPLETENESS AND TIMELINESS OF THE MATERIALS
HIGH BUDS CLUB DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
13. ERRORS, INACCURACIES AND OMISSIONS
THE CONTENT MAY INCLUDE TECHNICAL, TYPOGRAPHICAL OR PHOTOGRAPHIC ERRORS. WHILST HIGH BUDS CLUB MAKES AN EFFORT TO ENSURE THE INFORMATION PROVIDED ON THE CONTENT OR THROUGH THE SERVICES IS ACCURATE, CURRENT AND COMPLETE, HIGH BUDS CLUB CANNOT GUARANTEE THAT ANY CONTENT IS ACCURATE, COMPLETE OR CURRENT.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS AND WILL ATTEMPT TO UPDATE THE CONTENT OR SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY, BUT DO NOT HAVE THE DUTY OR OBLIGATION TO DO SO.
14. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HIGH BUDS CLUB, ITS AFFILIATED COMPANIES, DIRECTORS, OFFICERS,CONTRACTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SUPPLIERS, LICENSORS AND PARTNERS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICES, YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, ANY VIOLATION BY YOU OF THIS AGREEMENT, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EACH OF HIGH BUDS CLUB, ITS AFFILITED COMPANIES, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SUPPLIERS, LICENSORS AND PARTNERS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT IN ANY WAY FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, DATA OR ANTICIPATED PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR ACCESS TO, OR INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES OR CONTENT OR ANY OF THE THIRD PARTY LINKS (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE CONTENT OR ANY THIRD PARTY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE OR ANY THIRD PARTY LINKS) THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
16. RELIANCE
YOU ACKNOWLEDGE AND AGREE THAT HIGH BUDS CLUB HAS OFFERED THE SERVICES AND CONTENT, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HIGH BUDS CLUB.
17. PRIVACY
We cannot guarantee complete confidentiality or security for information you submit through your use of the Services. By agreeing to this Agreement, you acknowledge that we are not responsible for any damages or losses you may suffer as a result of your submission of personal, confidential or sensitive information through the Services. Please refer to our Privacy Policy for more information. Our Privacy Policy is incorporated by reference into this Agreement.
18. TERMINATION OF ACCESS
To the fullest extent permitted by applicable law, we reserve the right, in our sole discretion, to terminate, limit or suspend your access or use of the Services, and to block or prevent your access to and use of the Services, without notice or liability, for any reason whatsoever, including but not limited to: (a) your breach of this Agreement; (b) your fraudulent use or misuse of the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Program, (ii) the Services, (iii) any term of this Agreement, or (iv) any Content transmitted through the Services, is to terminate your Account and to discontinue use of any and all parts of the Services.
19. WAIVER
Any failure or delay on the part of High Buds Club to exercise or enforce, or exercise any consent to or waiver of High Buds Club of any right or provision of this Agreement shall not constitute nor operate as a consent to or waiver of a continuing breach or any other breach or default of this Agreement.
20. ENTIRE AGREEMENT
This Agreement, [together with the Privacy Policy], constitutes the entire agreement between High Buds Club and you with respect to your use of the Services, including but not limited to, any of the Content and/or any of the Third Party Links or Third Party Content. This Agreement supersedes all prior communications, representations or agreements, either oral or written, between High Buds Club and you in respect to the Services. Additional terms and conditions may apply when you use the services and content provided by any other user or third party or any of the Third Party Links or Third Party Content.
21. SEVERABILITY
If any provision of this Agreement is determined to be unlawful, void, invalid or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
22. ASSIGNMENT
This Agreement, and any rights and licensees granted hereunder, may not be transferred or assigned by you, but may be assigned by High Buds Club without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
23. SURVIVAL
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, without limitation, Sections 10-24.
24. GOVERNING LAW
This Agreement, the Program, Services, and the Content are governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By agreeing to this Agreement, each of High Buds Club and you irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue for any disputes or matters arising from, connected with, or relating to the Program, the Services, the Content, this Agreement, or any related matters.