-Terms and Conditions-
Kush Alley, Inc. and its respective subsidiaries, licensees, affiliated companies, including ReStash (hereinafter referred to as “KA”, “Kush Alley” “us,” “we,” “our,” or “Company”)
1. About the online services.
Obey the rules of the road.
Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts.
You are responsible for any devices, software and services needed to use the online services. Kush Alley does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system. If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Haven’s right to update or terminate the online services.
You understand and consent that (with or without notice) Kush Alley may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Kush Alley mobile app that you have installed on your device.
Updates to these terms.
Kush Alley may also update these terms at any time and at its sole discretion. If Kush Alley makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Kush Alley close any online services account that you have created. To close your account, please send your request to firstname.lastname@example.org
How to contact us.
If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit www.kushalleyca.com
2. Ownership and Licenses for the online services.
Kush Alley intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of Kush Alley or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Kush Alley or its licensors’ rights.
Your license to use the online services.
Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Kush Alley reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Kush Alley or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
3. User submissions and unsolicited ideas.
Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Kush Alley through the online services (together, “submissions”). You understand that by submitting any information to Kush Alley through the online services, you grant Kush Alley a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Kush Alley will not be required to treat any submissions as confidential.
It is Kush Alley policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Kush Alley, we’re unable to review new ideas from outside the Kush Alley system. You expressly waive any and all claims against Kush Alley and all other Kush Alley entities, members, and affiliates in connection with Kush Alley consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
4. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions.
With respect to the online services (which includes content), you may not, and may not allow third parties, to:
Use the online services for any purpose that is unlawful or prohibited by these terms;
Delete or change any copyright, trademark, or other proprietary notices;
Attempt to obtain ownership or title to the online services, including the content;
Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Kush Alley network or any user accounts associated with the online services.
5. Limitations on liability and disclaimers.
Limitations on Kush Alley liability.
Neither Kush Alley nor any other Members, Entities, or Affiliates of Kush Alley shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services. Nothing in this section is intended to limit Kush Alley
liability for damages to the extent caused by Kush Alley own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Kush Alley reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
Kush Alley provides the online services “AS-IS” and without any warranties.
The online services may include inaccuracies or errors. Kush Alley provides the online services “as is” and without warranties of any kind either expressed or implied. Kush Alley disclaims all warranties of merchantability and fitness or a particular purpose. Kush Alley does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Kush Alley and all other Members, Entities, and Affiliates of Kush Alley for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.
Third party services.
The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Kush Alley does not endorse and is not associated with any of these third party services. Neither Kush Alley nor any other Kush Alley Members, Entities, and Affiliates have any responsibility arising from or related to these third party services.
Events beyond our control.
Neither Kush Alley nor any Members, Entities, and Affiliates of Kush Alley have any responsibility for Kush Alley failure to perform any of its obligations under these terms cause by or related to any event beyond Kush Alley reasonable control. If such an event occurs, then Kush Alley obligations under these terms will be suspended for the duration of the event; and Kush Alley may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
How we settle disputes.
You agree that:
any claim or dispute (whether in contract, tort, or otherwise) you may have with Kush Alley or any other Members, Entities, and Affiliates of Kush Alley arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Kush Alley and any Members, Entities, and Affiliates of Kush Alley.
the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
the arbitrator shall apply California law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
no claims shall be arbitrated on a class or representative basis as you and Kush Alley hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Kush Alley; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Kush Alley empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
Kush Alley makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
These terms will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law.
The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Kush Alley and all other Members, Entities, and Affiliates of Kush Alley, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”)
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If Kush Alley fails to insist that you perform any of your obligations under these terms, or if Kush Alley does not enforce its rights against you, or delays in doing so, that will not mean that Kush Alley has waived its rights against you and will not mean that you do not have to comply with those obligations.
Kush Alley may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if agrees in writing.
You understand and agree that Kush Alley text messaging program is considered an “online service” under the terms.