Last Updated: April 27, 2023
As of April 27, 2023, these Terms of Use pertain to the website https://culturebrew.com (the “Site”), along with its affiliates, subsidiaries, parent company, and related companies. The Company operates the Site, an e-commerce platform that connects lawfully compliant Users and provides educational information to lawfully compliant Users (the “Services”). Additional guidelines, terms, or rules may apply to certain features of the Site or Services, which will be posted on the Site or Services. All additional terms, guidelines, and rules are incorporated into this Agreement. The terms “you,” “your,” and “User” refer to you, the user of the Site and/or Services.
This Agreement establishes the legally binding terms of your use of the Site and Services. By accessing or using the Site or Services, you agree to this Agreement and represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not have the capacity to enter into this Agreement, you may not access or use the Site or Services, or accept the Agreement. If you do not agree to all the provisions of this Agreement, do not 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 authorized to bind it to this Agreement.
Please read these terms carefully, as they contain an agreement to arbitrate and other important information about your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exceptions) that you submit claims against Us to binding and final arbitration, and further (1) you may only pursue claims against the Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you may only seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. VALUABLE DISCLAIMERS.
1.1 Acknowledgement of Federal Law: You acknowledge that the Site and Service are for residents of the State of California only. You assume full responsibility for complying with all laws regarding the use, possession, and consumption of medical or recreational cannabis of the State of California and your local municipality. You are responsible for ensuring that your use of the Site and Services complies with all applicable laws and regulations, as well as any privacy policies, agreements, or other obligations you may have with applicable third parties. You acknowledge that cannabis is included in Schedule I under the United States Controlled Substances Act. Under federal laws of the United States, the use, possession, and consumption of cannabis are illegal, and individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies. You also acknowledge that the interstate transportation of cannabis is a federal offense.
1.2 Use. The Company controls and operates the Site and Services. The Company makes no representation that any of the materials or Services to which you have access are available or appropriate for use in your location. Your use of or access to the Services should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
The foregoing disclaimers and limitations on liability do not limit the more general disclaimers and limitations on liability in Sections 8 and 9 or elsewhere in this Agreement.
2. ACCESS TO THE SITE AND/OR SERVICE
2.1 Eligibility. To use the Site and/or Service, you must be at least 21 years old.
3. SITE
3.1 License. The Company grants you a non-exclusive, non-transferable, non-licensable, non-sublicensable, and non-assignable license to use the Site and Services for your personal or internal business use, subject to the terms of this Agreement.
3.2 Restrictions. Your rights to use the Site and Services are subject to certain restrictions. You cannot commercially exploit, distribute, host, modify, make derivative works of, disassemble, reverse compile, reverse engineer, or transfer any part of the Site or Services. You cannot access the Site or Services to create a similar or competitive service. You cannot copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site or Services, except as expressly permitted in this Agreement. Copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. The Company reserves the right to modify, suspend, or discontinue the Site or Services, or any part thereof, with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. You acknowledge that the Company or its licensors own all intellectual property rights in the Site and Services. Except for the licenses and rights expressly granted in this Agreement, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors.
4. COMMUNICATIONS
4.1 Email Communication. We may send you emails about our products and services, as well as those of third parties. You may send emails to our designated email addresses. You can opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
4.2 Feedback. If you provide the Company with any feedback or suggestions regarding the Site or Services (“Feedback”), you assign all rights in the Feedback to the Company, and we can use such Feedback and related information in any way we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any confidential or proprietary information or ideas to the Company.
5. ACCEPTABLE USE POLICY
The following policy outlines what is considered acceptable use of the Company’s Site and Services:
5.1 Technological Restrictions. 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 Us 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 generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Services.
5.2 Monitoring, Suspension, and Termination. We reserve the right to review any Email Communication (including any image files or other attachments), investigate, and/or take appropriate action against you if we suspect, in our sole discretion, 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. This may include terminating your access to the Site and/or Service in accordance with Section 10 and/or reporting you to law enforcement authorities.
6. INDEMNITY
You agree to indemnify and hold the Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (i) your use or misuse of the Site or Services; (ii) your use or misuse of Linked Sites; (iii) your violation of this Agreement; and/or (iv) your violation of applicable laws or regulations. We reserve 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 our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
7. THIRD-PARTY INTERACTIONS, THIRD-PARTY MATERIALS, DEALS, OTHER USES, RELEASE
7.1 Links to Third-Party Websites. The Site or Service may provide links to other websites owned or operated by third parties (“Third-Party Links”) solely for Users’ convenience. The Company does not endorse, review, monitor, maintain, or control any Linked Sites, and is not responsible for their content, products, or services. Users acknowledge and agree to assume full responsibility for accessing Linked Sites, including all liabilities, decisions, and consequences associated with doing so, and will not hold the Company liable.
7.2 Interactions with Third-Party Service Providers. Users may correspond with, purchase goods and/or services from, or participate in promotions of third-party service providers through the Service. The Company is not a party to any transaction between Users and third-party service providers, and bears no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion. Users agree to take reasonable precautions when interacting with third-party service providers through the Service.
7.3 Third-Party Materials. The Site or Services may display, include, or make available third-party content, services, and advertisements for third parties (“Third-Party Materials”). The Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies, and Users’ use of them will be governed by and subject to such terms and conditions and privacy policies. The Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Materials, which Users use at their own risk.
7.4 Release. Users release and forever discharge the Company, including its officers, employees, agents, successors, and assigns, from any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature arising directly or indirectly from interactions with other Site or Service users, Third-Party Interactions, or Third-Party Materials. If Users are California residents, they waive California Civil Code Section 1542 in connection with this release.
8. DISCLAIMERS
The Site and Services are provided on an “as-is” and “as-available” basis, and we (along with our suppliers) disclaim any warranties or conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement to the fullest extent permitted by applicable law. We (and our suppliers) do not warrant that the Site or Services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. LIMITATION ON LIABILITY
To the fullest extent permitted by applicable law, we (and our suppliers) shall not be liable for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related 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. Your access to and use of the Site and Services is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from it. Regardless of the form of the action, our (and our suppliers’) liability to you for any damages arising from or related to this Agreement will be limited to fifty US dollars ($50). The existence of more than one claim will not enlarge this limit.
Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
10. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Site or Services, subject to this Section. We may suspend your rights to use the Site and/or Services, or terminate this Agreement, at any time and for any reason at our sole discretion, including but not limited to any use of the Site or Services that violates this Agreement. Your right to access and use the Site and Services will terminate immediately upon termination of this Agreement by us. We will not have any liability to you for any termination of this Agreement. Even after this Agreement is terminated, certain provisions will remain in effect, including Sections 1, 6, 7.4, 9, and 12.
11. COPYRIGHT POLICY
At our platform, we uphold and comply with copyright law, and we expect all users to do the same. If you believe that any content on the platform violates copyright, please inform us immediately.
12. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
12.1 Arbitration Rules and Forum
This Arbitration Agreement follows the Federal Arbitration Act in all aspects. The arbitration will be conducted by JAMS under its rules and in accordance with this Agreement. Claims and counterclaims below $250,000 (excluding attorneys’ fees and interest) will be subject to JAMS’s current Streamlined Arbitration Rules and procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’s current Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also accessible at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. JAMS’s regulations will govern payment of all filing, administration, and arbitration fees. In case JAMS is unavailable for arbitration, the parties will choose an alternate arbitral forum. The arbitration may be held via telephone, video conference, written submissions, or in person in the country of residence or at any other mutually agreed location.
12.2 Arbitrator Powers
The arbitrator, not any federal, state, or local court or agency, will have complete authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will determine the rights and liabilities of both parties. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the power to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator must follow the applicable law. The arbitrator has the same authority to award relief on an individual basis as a judge in a court of law. The arbitrator’s decision is final and binding on both parties.
12.3 Waiver of Jury Trial
Both parties waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. Instead, both parties have chosen to resolve claims and disputes through arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Section 12.4 Waiver of Class or Consolidated Actions
Both you and the Company agree to waive any right to resolve claims covered under this arbitration agreement on a class, collective, or representative basis. All claims and disputes within the scope of this arbitration agreement must be arbitrated individually and not on a class basis. Claims of multiple customers or users cannot be arbitrated or litigated together or consolidated with those of any other customer or user. If this waiver of class or consolidated actions is found invalid or unenforceable for a particular claim or dispute, neither you nor the Company is entitled to arbitration for such a claim or dispute. Instead, all such claims and disputes will be resolved in court as set forth in Section 13.
Section 12.5 Pre-Arbitration Dispute Resolution
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@culturebrew.com. If such efforts prove unsuccessful, the party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) to the other party by certified mail. The Notice to us should be sent to the address identified in Section 14.6 below.
Section 12.6 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.
Section 12.7 Future Changes to Arbitration Agreement
We agree that if we make any future change to this Arbitration Agreement (except for 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 the Section below. By rejecting any future change, you are agreeing that you will 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).
13. GENERAL
13.1 Support and Maintenance.
We have no obligation to provide you with any support or maintenance in connection with the Site or Services.
13.2 Changes to Terms of Use.
We reserve the right to amend these Terms at any time. If we do so, we will post the modified Terms on the Service, and the modifications will be effective immediately following notice to you. It is your responsibility 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 indicates your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.3 Copyright/Trademark Information. Culture Brew(™).
You are not permitted to use any third-party marks displayed on our site without prior written consent from the owners of such third-party marks.
13.4 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 the Company 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 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 establishes an employment, partnership, or joint venture relationship between you and the Company. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our 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.
13.5 Contact Information
If you have any questions or concerns regarding the use of the Site or Services, you may contact us at info@culturebrew.com
Please check back periodically for updates to our contact information.
14. Refund and Returns Policy
The following Returns (Section 14.1) and Refunds (Section 14.2) policies apply to the purchase of goods and/or services from the Company only and are subject to Section 7 at all times. For any goods and/or services sold by third parties, please refer to the Terms & Conditions of the applicable third party for their returns and/or refunds policies.
14.1 Returns
We do not accept returns of any consumable products purchased online. All returned products without notifying us will be discarded upon receipt.
At our discretion, we may ask you to return products to us. If a return is requested, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Please contact us immediately if the item is defective, damaged, or if you receive the wrong item, so that we may evaluate the issue and make it right.
Please note that we cannot accept returns on gift cards or other virtual products.
14.2 Refunds
A refund may be requested in the following scenarios:
– Order(s) placed online for shipping may be canceled and refunded before they are shipped. Once an order has been shipped and a tracking number has been issued, we are unable to cancel your order or issue a refund.
– Order(s) that arrive with products damaged during shipping, or for other product-related issues at our discretion.
If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your return, please contact us at support@culturebrew.com.
