tERMS & CONDITIONS
Certain sections or pages on this Website may contain separate terms, conditions, disclosures or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers will govern for those sections or pages. These Website Terms of Service are in addition to those that apply to any accounts or services you may have with Kudzu.
Restrictions on Use
The information provided on this Website and any other holding interest of Kudzu, is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for your own personal information and visual representation without the written consent of Kudzu. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access the any web pages or assets contained in the Website, Website Content or Service for any purpose.
The Site is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Site or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Site and Services are not available to minors.
Use of Website
Kudzu grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms of Service. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Kudzu.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Use of Information Included on this Website
All information provided on this Website is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to Kudzu may affect the applicability of any statement or comment made on the Website to your particular circumstances.
Information Collection and Use
While using the Website, you may be asked to provide certain Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) that can be used to contact or identify you. PII may include, but is not limited to, your email address, name, phone number, driver’s license, postal address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2 (“Personal Information”). PHI may include but is not limited to your medical cannabis card. Additionally, we collect payment details, information about the order you initiate, and information about the device and browser you use. Further examples of PII include:
• Your first and last name;
• Residential and billing address;
• Company name;
• Occupational role;
• Social medial name and profile;
• Internet Protocol (IP) address;
• Contact details (e.g., telephone number, fax number, e-mail address);
• Date of birth;
• Purchase and ordering history; or
• Other information you voluntarily provide.
This information is collected for the purpose of providing the Service in accordance with applicable laws and regulations within the jurisdiction, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, authentication, payment and improving our services. We may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, and preferences. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Website’s features.
We share the information we collect with our subsidiaries and affiliates. Kudzu, in collaboration with our subsidiaries and affiliates, may use the information to offer you products and services that may be of interest to you.
If you do not want us to use your PII, for example, to directly market our products of services, you may submit a request to [email protected], modify your cookie preferences, modify your account preferences, click “unsubscribe” at the bottom of any emails or texting STOP or following the link at the bottom of any texts. Please access and review our Text Message Policy for more information on promotional text messages.
Disclaimer of Warranty and Limitation of Liability
KUDZU AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.
SUCH INFORMATION OR TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
KUDZU AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE OF PEROFMRANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE KUDZU OR ITS AFFILIATES CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.