Terms and conditions
The 420MarihuanaCasa website at 420MarihuanaCasa.com is a copyrighted work owned by 420MarihuanaCasa. Certain features of the website may be subject to additional terms and conditions or rules, which will be posted on the website in connection with such features.
All such additional terms and rules are incorporated by reference into these Terms and Conditions.
Access to the site
Subject to these conditions. The Company grants you a non-transferable, non-exclusive, revocable, limited licence to access the Site solely for your personal, non-commercial use.
Certain limitations. The rights granted to you in these Terms are subject to the following restrictions: (a) you may not sell, rent, lease, assign, transfer, distribute, host, or commercially exploit the Site in any way; (b) you may not modify, create derivatives from, disassemble, recompile, or reverse engineer any part of the Site; (c) you may not access the Site for the purpose of creating a similar or competing website; and (d) unless expressly stated otherwise, no part of the Website may be copied, reproduced, distributed, republished, uploaded, posted or transmitted in any form or by any means, unless otherwise stated; any future versions, updates or other additions to the functionality of the Website will be subject to these Terms. All copyright and other proprietary notices on the Website must remain on all copies of the Website.
The Company reserves the right to modify, suspend or discontinue the Site with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any part of it.
No support or maintenance. You agree that Company has no obligation to provide you with any support in connection with the Site.
Except for User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or the Company’s suppliers. Please note that these Terms and Conditions and access to the Site do not grant you any right, title or interest in or to any intellectual property rights, except for the limited access right set out in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms and Conditions.
Third-party links and adverts; other users
Third-party links and publications. The Website may contain links to third-party websites and services and/or display third-party advertisements. These third party links and third party adverts are not controlled by the Company and the Company is not responsible for these third party links and third party adverts. The Company provides access to these third party links and third party advertisements solely for your convenience and does not review, approve, monitor, endorse, guarantee or make any representations about these third party links and third party advertisements. Your use of third-party links and advertisements is at your own risk, and you should exercise an appropriate degree of caution and discretion in connection therewith. When you click on a third party link or advertisement, the third party’s terms and policies apply, including its privacy and data collection practices.
Other users. Each user of the Site is solely responsible for all User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for User Content, whether provided by you or others. You agree that the Company is not liable for any loss or damage arising from such interactions. If a dispute arises between you and a user of the Site, we have no obligation to become involved.
You hereby release the Company and our officers, employees, agents, successors and assigns from any and all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of any kind arising out of or related directly or indirectly to the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of the issuance of the release, and which, had he or she known of them, would have materially affected his or her settlement with the debtor.
The Site is provided on an “as is” and “as available” basis, and the Company and its suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including any warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the website will meet your requirements, be uninterrupted, timely, secure or error-free, or that it will be accurate, reliable, free of viruses or other malware, complete, legal or secure. If applicable law requires warranties with respect to the Site, all such warranties are limited to a period of ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of liability
To the fullest extent permitted by law, in no event shall the Company or its suppliers be liable to you or any third party for any lost profits, lost data, cost of procurement of substitute products, or any other indirect, consequential, exemplary, incidental, special or punitive damages arising out of these terms and conditions or your use of or inability to use the website, even if the Company has been advised of the possibility of such damages. Access to and use of the Website is at your own discretion and risk, and you are solely responsible for any damage to your computer equipment or system or loss of data that occurs.
To the maximum extent permitted by law, and notwithstanding anything to the contrary in this agreement, our liability to you for any damages arising out of or in connection with this agreement shall at all times be limited to a maximum of fifty US dollars (US$50). If there is more than one claim, this limit is not extended. You agree that our suppliers shall have no liability whatsoever arising out of or in connection with this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Duration and termination.
Subject to the provisions of this section, these terms and conditions apply for as long as you use the website. We may at any time and for any reason, in our sole discretion, suspend or terminate your rights to use the Website, including use of the Website in breach of these Terms. Upon termination of your rights under these Terms, your account and your right to access and use the Site will immediately cease. You acknowledge that cancellation of your account may result in the removal of your User Content associated with your account from our active databases. The Company shall have no liability to you for the termination of your rights under these Terms. Even after the termination of your rights under these Terms, the following provisions of these Terms will continue to apply: sections 2 to 2.5, section 3 and sections 4 to 10.
The Company respects the intellectual property rights of others and asks users of the website to do the same. With respect to our website, we have adopted and implemented a copyright enforcement policy that provides for the removal of all infringing material and the suspension of users who repeatedly infringe intellectual property rights, including copyright, from our website. If you believe that any of our users, by using our site, are unlawfully infringing a copyright in a work, and you wish to have the allegedly infringing material removed, you must provide the following information in the form of a written notice (pursuant to 17 U.S.C. § 512(c)) to our designated copyright agent:
- Your physical or electronic signature.
- identify the copyrighted work or works that you claim have been infringed;
- Identification of the material on our services that you claim has been infringed and that you request us to remove;
- information that is sufficient to enable us to localise the material;
- Your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that use of the infringing material is not authorised by the copyright owner, its agent or the law; and
- A statement by you that the information in the notification is accurate and that, under penalty of law, you are the owner of the copyright that you claim has been infringed or that you are authorised to act on behalf of the owner of the copyright.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact in a written notice automatically renders the complaining party liable for damages, costs, and attorneys’ fees incurred by us in connection with the written notice and the claim of copyright infringement.
These Terms may change from time to time, and if we make material changes, we may notify you by sending an email to the most recent email address you have provided to us and/or by prominently posting a notice of the changes on our website. It is your responsibility to provide us with your latest email address. If the latest email address you provided to us is not valid, our sending of the email containing such notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective thirty (30) calendar days from the date we send you notice by email or thirty (30) calendar days from the date we post a notice of the changes on our website. These changes will take effect immediately for new users of our website. If you continue to use our website after being notified of such changes, it means that you accept such changes and agree to be bound by the terms of such changes.
Resolution of disputes. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for binding and enforceable arbitration and a collective action waiver.
Applicability of the arbitration agreement.
All claims and disputes relating to the terms or use of any product or service provided by the Company that cannot be resolved informally or by a small claims court shall be resolved by binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company, its subsidiaries, affiliates, agents, employees, predecessors, successors and assigns, and all users or recipients, whether authorised or not, of the services or goods provided under the Terms.
Notification obligation and informal dispute resolution.
Before a party can request arbitration, it must send a written notice of the dispute to the other party describing the nature and basis of the claim or dispute and the action requested. The notice to the company should be sent to : UNITED KINGDOM. After receiving the notice, you and the company can try to resolve the claim or dispute informally. If you and the Company are unable to resolve the claim or dispute within thirty (30) days of receipt of the notice, either party may initiate arbitration proceedings. The amount of any settlement offer made by either party shall not be disclosed to the arbitrator until the arbitrator has determined the amount of damages to which either party is entitled.
The arbitration shall be initiated by the American Arbitration Association (AAA), an established ADR provider offering arbitration as defined in this section. If the AAA is not available to conduct the arbitration, the parties will agree to select an alternative dispute resolution provider. The rules of the alternative dispute resolution service provider will govern all aspects of the arbitration, except to the extent those rules conflict with the Terms. The AAA’s Consumer Bidding Procedure Rules for Arbitration are available at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
Claims or disputes involving less than ten thousand US dollars ($10,000.00) may be resolved by binding arbitration without a hearing, at the option of the party seeking relief. In claims or disputes where the total amount of compensation sought is equal to or greater than ten thousand US dollars ($10,000.00), the right to a hearing shall be determined in accordance with the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States and the parties agree otherwise. If you reside outside the United States, the arbitrator will give the parties reasonable notice of the date, time and place of an oral hearing.
A judgement based on the arbitrator’s award may be rendered by a court of competent jurisdiction. If the arbitrator gives you a higher amount than the last settlement offer the company gave you before the arbitration started, the company will pay you the higher of the two amounts or $2,500. Each party bears its own costs and expenses for the arbitration and pays an equal share of the ADR provider’s fees and expenses.
Additional rules for no-show arbitration. If no-show arbitration is chosen, the arbitration will be conducted by telephone, online and/or solely on the basis of written submissions; the party initiating the arbitration chooses the specific form. Arbitration does not require the parties or witnesses to appear in person, unless the parties agree otherwise.
Time limits. If you or the company has access to arbitration, the arbitration must be initiated and/or requested within the statute of limitations and any time limits established by the AAA rules for the relevant claim.
Powers of the arbitrator.
If arbitration is initiated, the arbitrator will decide your and the company’s rights and obligations, and the dispute will not be consolidated with any other case or joined with other cases or parties. The arbitrator has the power to grant dispositive motions for all or part of a claim. The arbitrator shall have the power to award monetary damages and to grant any non-economic or other remedy available to an individual under applicable law, the AAA Rules and the Terms. The arbitrator shall issue a written award and decision describing the main findings and conclusions on which the award is based. The arbitrator has the same power to award damages on an individual basis as a judge would have in a court of law. The arbitrator’s decision is final and binding on you and the company.
Waiver of Jury Trial.
The PARTIES hereby waive their constitutional and statutory right to go to court and to trial by judge or jury and instead elect to have all claims and disputes resolved by arbitration under this Arbitration Agreement. Arbitration proceedings are generally more limited, efficient and less expensive than the rules that apply in a court of law, and they are subject to very limited review by a court. In the event of a dispute between you and the Company in a state or federal court in an action to vacate or enforce an arbitration award or other judgement, YOU AND THE COMPANY waive any right to a trial jury and instead choose to have a judge decide the dispute.
Class or collective action waiver.
All claims and disputes under this arbitration agreement must be arbitrated or tried individually and not collectively, and the claims of more than one client or user may not be arbitrated or tried jointly or consolidated with the claims of any other client or user.
All aspects of the arbitration are strictly confidential. The parties agree to maintain confidentiality, except as required by law. This paragraph shall not prevent a party from providing a court with information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive relief or equitable relief.
If any part or parts of this arbitration agreement are determined by a court of competent jurisdiction to be invalid or unenforceable by law, that particular part or parts shall be ineffective, severed, and the remainder of the agreement shall continue in effect.
Right of waiver.
The party against whom the claim is made may waive all or part of the rights and limitations set out in this Arbitration Agreement. Such waiver shall not affect the other parties to this Arbitration Agreement.
Survival of the agreement.
This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court.
Notwithstanding the above, either you or the Company may bring an individual claim in small claims court.
Fair compensation in emergency situations.
Notwithstanding the foregoing, either party may seek emergency relief in state or federal court to maintain the status quo pending arbitration. A request for injunctive relief shall not be considered a waiver of any other rights or obligations under this arbitration agreement.
Claims not subject to arbitration.
Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patents, copyrights, trademarks, or trade secrets shall not be subject to this arbitration agreement.
In all circumstances where the above arbitration agreement allows the parties to bring suit in a court of law, the parties hereby agree to submit to the personal jurisdiction of the courts of Spain, California, for such purposes.
The Site may be subject to the export control laws of the United States and may be subject to the export or import regulations of other countries. You agree not to export, re-export or transfer, directly or indirectly, U.S. technical data acquired from the Company, or products using such data, in violation of U.S. export laws or regulations.
If you are a California resident, you may file a complaint with the Complaint Assistance Unit of the Consumer Products Division of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Communications between you and the Company are made electronically, whether you use the Site or send e-mails to us, or the Company posts notices on the Site or communicates with you by e-mail. For contractual purposes, you (a) consent to receive communications from the Company electronically; and (b) agree that all terms, conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in paper form.
These Terms constitute the entire agreement between you and us with respect to your use of the Site. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected and the invalid or unenforceable provision shall be deemed modified to be valid and enforceable to the fullest extent permitted by law. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign, subcontract, delegate or otherwise transfer these Terms or your rights and obligations without the Company’s prior written consent, and any attempted assignment, subcontracting, delegation or transfer in violation of the foregoing shall be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding on the assignees.
Copyright and Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the site are our property or the property of third parties. You are not permitted to use these marks without our prior written consent or the consent of the third party who may own the marks.