Terms & Conditions

Last Updated: February 27th, 2020

This site is operated by Weed Premier, LLC, a Texas Limited Liability Company. By using any of the sites owned and operated by Weed Premier or using the Weed Premier mobile application (collectively referred to herein as the “Site”), You are indicating your acceptance to be bound by the provisions of these Terms of Use. Weed Premier may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on You. The terms You and User as used herein refer to all individuals and/or entities accessing the Site for any reason.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF USE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH WEED PREMIER. PLEASE READ IT CAREFULLY.

Eligibility.

You must be 21 years of age or older to visit or use the Site in any manner. By visiting the Site, accepting these Terms of Use, You represent and warrant to Weed Premier that You are 21 years of age or older and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Weed Premier that You will use the Site in a manner consistent with any and all applicable laws and regulations.

Use of Content on the Site.

Weed Premier authorizes You to view and access a single copy of the content available on or from the Site solely for your personal use. The contents of the Site such as text, graphics, images, logos, button icons, software and other content (collectively, “Weed Premier Content”), are protected under both United States and foreign copyright, trademark and other laws. All Weed Premier Content is the property of Weed Premier or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on the Weed Premier Sites is the exclusive property of Weed Premier and protected by the U.S. and international copyright laws. Unauthorized use of the Weed Premier Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Weed Premier Content on any copy You make of the Weed Premier Content. You may not sell or modify the Weed Premier Content or reproduce, display, publicly perform, distribute, or otherwise use the Weed Premier Content in any way for any public or commercial purpose. The use of the Weed Premier Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Weed Premier creates to generate any Weed Premier Content or the pages making up any Weed Premier Site which is also protected by such copyright.

Proprietary Rights

You represent and warrant to Weed Premier that the information you provide to Weed Premier, including information posted in any profile you create on any Site, including any photographs, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and videos. You assign to Weed Premier, with full title guarantee, all copyright in your profile, your photographs or videos posted, your comments on any Site, and any additional information posted on the Site or sent to Weed Premier at any time in connection with your use of the Site or any services offered through the Site. You waive absolutely any and all moral rights to be identified as the author of any such content and any similar rights in any jurisdiction in the world. In addition, other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By providing to Weed Premier, including posting information, photographs or content on any the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Weed Premier and other members of the Site, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid up, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content, videos and photographs and to prepare derivative works thereof, or incorporate such information and content into other works and to grant and authorize sub-licenses of the foregoing.

Agreement to Mandatory Individual Arbitration.

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, YOU AND WEED PREMIER AGREE THAT THE EXCLUSIVE MEANS OR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE OR ANY APPLICABLE PRIVACY POLICY, YOUR USE OR INABILITY TO USE THE SITE, ANY PURCHASE MADE THROUGH THE SITE OR ANY CONTACT WITH WEED PREMIER OR ITS EMPLOYEES, CONTRACTORS OR AFFILIATES OR OTHERWISE ARISING OUT OF YOUR RELATIONSHIP OR INTERACTION WITH WEED PREMIER, SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WEED PREMIER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. YOU AND WEED PREMIER FURTHER AGREE AS FOLLOWS:

  1. 1. This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between You and Weed Premier, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Your relationship with Weed Premier; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
  2. You and Weed Premier hereby agree that the Federal Arbitration Act (“FAA”) applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless You and Weed Premier agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association (“AAA”), pursuant to the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA’s Rules can be found at www.adr.org.
  3. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WEED PREMIER ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND PURCHASER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
  4. You and Weed Premier each are responsible for their respective costs relating to counsel, experts, and witnesses.
  5. This arbitration agreement does not preclude You or Weed Premier from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party’s behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
  6. If You or Weed Premier fail to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.
  7. Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA’s Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Fort Worth, Texas, unless the AAA arbitrator decides otherwise.
  8. Small Claims Option: You may also litigate any Dispute in Small Claims Court in Fort Worth in the State of Texas. If your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
  9. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Weed Premier (except for small-claims court actions) may be commenced only in the federal or state courts located in Fort Worth, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.