Last Updated on April 16, 2019
You agree to abide by all applicable federal, state and local laws and understand You will be legally bound by the terms and conditions of these Terms. You confirm and acknowledge that Muncheez will not be held liable at any time for any liability resulting from the use of the Websites or Services.
You confirm that You are twenty-one (21) years of age or older, are an emancipated minor, or possess a valid legal parental or guardian’s consent (the “Age Requirement”) and are fully able to enter into the terms and conditions set forth here. If You do not meet the Age Requirement, You are not permitted to use the Websites or the Services.
Include Cross Links to All Policies
Changes To The Terms And Privacy Statement
You understand that the current Terms are subject to changes made by Muncheez at any time, and You agree to be bound by all changes, modifications and revisions. You fully understand that it is Your sole obligation to review the Terms periodically to account for changes that have been made as any and all future changes and additions will be considered binding.
Age And Eligibility
In order to access the Websites and Services, You must be at least twenty-one (21) years old. You may be asked to verify that You are over the applicable age limit during Your use of the Websites or Services and You hereby agree that You shall not misrepresent Your age or status. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party You invite to participate in any of the Services or related functions with You is also of legal age or status as described above.
User Registration And Accounts
In order to access or use some of the Websites or Services, You may need to first register and create an individual account for Yourself for such Websites or Services (each an "Account”).
By creating an Account, You agree that:
- You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. Muncheez may reject the use of any password, username, or email address for any reason in our sole discretion.
- All required registration information You submit is truthful and accurate, including but not limited to your state of residence. You agree that You will maintain the accuracy of such information. You may not create more than one Account. You may delete your Account at any time.
- If You provide any information that is untrue, inaccurate, outdated, or incomplete, Muncheez may suspend or terminate Your Account and refuse You any and all current or future access to or use of the Websites and Services (or any portion thereof). If You fail to update Your information in a timely manner, then Muncheez has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, which will allow Muncheez to suspend or terminate Your Account and refuse You any and all current or future access or use of the Websites and Services (or any portion thereof).
- You are responsible for maintaining the confidentiality of your Account login information and for restricting access to Your Account so that others may not access any password-protected portion of the Websites or Services using Your Account login information. You are fully responsible for all activities that occur under Your Account, password, and username—whether or not You authorized the activity.
- You will immediately notify Muncheez at firstname.lastname@example.org of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. You agree that Muncheez will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
- You will not sell, transfer, assign, or provide a copy of, Your Account, Account login information, or other credentials or access rights (the “Protected Information”) for any of the Websites or Services to any other person or entity. You must keep all Protected Information in strict confidence.
- You will not share or allow any third party to utilize Your Account on Your behalf.
- You will not use Protected Information of others.
Your Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Muncheez may offer You the ability to set preferences relating to Your Account, but changes to Your settings may not become effective immediately or be error free, and options may change from time-to-time. Muncheez assumes no responsibility or liability for any issues, problems, or content on Your Account.
Accounts may only be set up by an authorized representative of the individual that is the subject of the Account. Muncheez does not review each Account to determine if it was created by an appropriate party. In addition, Muncheez is not responsible for any unauthorized Account that may appear on the Services. If You believe that an Account listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to email@example.com.
“User Content” means any and all information and content that a user submits to, or uses with, the Websites or Services, including without limitation, content in Your Account profile, reviews or postings. You acknowledge and agree that Muncheez is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Muncheez does not assume and will not have any liability or responsibility to You or any other person or user for Your use or misuse of any User Content.
You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Terms. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Muncheez. Because You alone are responsible for Your User Content (and not Muncheez), You may expose Yourself to liability if, for example, your User Content violates the Terms. Muncheez is not obligated to backup any User Content and User Content may be deleted at any time.
You hereby grant, and You represent and warrant that you have the right to grant, to Muncheez an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Websites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Third Party Materials
The Websites or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, as well as materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Muncheez is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Muncheez does not assume and will not have any liability or responsibility to You or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk. When You link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Websites or Services might display, include, or make available coupons, promotional codes, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Muncheez displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Muncheez, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to You in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
Indemnity and Release
If there is a dispute between users of the Websites or Services, including between You and any Third Party featured on our Websites or Services, (each, a “Dispute”), You understand and agree that Muncheez and its affiliates (including the Websites and the Services) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Muncheez (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish Your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed.
If You are a California resident or resident of a state with a similar applicable law, You hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in Your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Ownership And Intellectual Property Rights
Muncheez Holdings, Inc., or its parent companies or subsidiaries, owns the Websites, Services, and all content thereon, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites, but excluding Third-Party Material. Any and all intellectual property rights on Muncheez’s Websites or Services are protected by US and International copyright, patent and relevant trademark laws protecting intellectual property and proprietary rights. You may not reproduce, copy, or download any content from Muncheez’s Websites or Services without the express written authorization to first do so. Commercial use without prior consent is prohibited. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Websites or Services.
You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which You received the Mobile App (“App Platform”). You acknowledge that these Terms concern You and Muncheez, and not the App Platform. Muncheez, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).
Each App Platform may have Additional Terms to which You must agree before downloading the Mobile App from it. You agree to comply with, and Your license to use the Mobile App is conditioned upon, Your compliance with all applicable agreements, terms and conditions of use and service, and other policies of the applicable App Platform.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Muncheez is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Muncheez of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Some portions of the Websites may implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services may implement Google Maps API. By using Google Maps API, You agree to be bound by Google’s Terms of Service.
You agree to abide by all applicable federal, state and local laws and regulations in connection with the use of the Websites and Services. You also agree that you will NOT:
- breach or circumvent any laws, third-party rights or our systems, policies;
- review the information and data on our Websites, or utilize our Services if You are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Websites or Services;
- upload, post, transmit, broadcast, sell, transfer or otherwise make available any information or data that is untruthful, inauthentic, counterfeit, or that You do not have a right to make available;
- register for more than one Account on any of the Websites, or register for an Account on behalf of an individual other than Yourself, or a company that You are not authorized to represent or legally bind to a contract;
- manipulate the price of any item or interfere with any other user's listings, reviews, and products;
- take any action that may undermine the feedback or ratings systems of the Websites or Services;
- transfer Your Account to another individual or entity without our prior written consent;
- interfere with or disrupt any Website processes, servers or networks supporting the Websites or Services;
- impair or harm any of our computer or related systems or transmit software viruses, worms, or other damaging files;
- use any robot, spider, scraper, survey, monitor or other automated or similar means to access any web page or other asset contained in the Websites or Services;
- export or re-export any Muncheez's application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
- insult, threaten, stalk, harass, mislead or deceive other users of the Websites or Services, or in any way promote the discrimination or defamation of other users, or create any other objectionable material;
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or ordinance, including, but not limited to, regulations promulgated by the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Securities and Exchange Commission, the Internal Revenue Service, the European Enforcement Directive of 2004, or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any other regulations and/or guidelines having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the United States Immigration and Nationality Act.
- refuse to acknowledge that Muncheez may establish general practices and limitations concerning use of the Websites and Services, including without limitation restrictions concerning User Content provided by You for use on the Websites and Services, the type and quantity of transactional data stored and presented in connection with Your account, the maximum disk space that will be allotted on Muncheez' servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Websites and Services in any given period of time;
- export any Website Content out of the jurisdiction in which it is intended or displayed;
- access the Websites or Services in order to build a similar or competitive Website or Service;
- send electronic transmissions (including but not limited to interactive monetary offers, audio-video communications, email, search queries, chat and other Internet activities) as interstate communications;
- circumvent any technical measures we use to provide Services; or
- assist any third party with any of the foregoing: You fully understand, acknowledge and agree that Muncheez may, under certain circumstances and without prior notice, immediately terminate Your Muncheez User Profile and access to the Websites, Services and any other related or affiliated applications, functions and tools. Cause for account termination or suspension shall include, but not be limited to: (1) breaches or violations of these Terms or other incorporated agreements, guidelines, or rules; (2) requests by law enforcement or other local, state or federal government agencies or divisions; (3) any attempts to breach our security, private accounts or other protected content on the Websites; (4) discontinuance or significant modification to the Websites or Services, or any related or affiliated website owned and/or operated by Muncheez (or any part thereof); (5) unforeseen technical, electronic, mechanical or any other difficulties or security issues; (6) prolonged inactivity of Your account, which shall be determined by Muncheez; (7) knowing, willing and/or negligent engagement by You in any form of deceitful, fraudulent, counterfeit or illegal activities; and/or (8) failure by You, or by Your representatives, to pay, in full, any fees owed by You in connection with the Websites or any related or affiliated Service, business or website. Termination of a User Profile will deny You access to our Services, delay or remove User Content that You submitted or commented on, remove any special status associated with Your account(s), remove and demote listings, reduce or eliminate any discounts or special offers, and take technical and/or legal steps to prevent You from using our Websites and Services in the future. Muncheez has the right to investigate and prosecute violations of any of the above to the fullest extent of the law
Disclaimer of Warranties
- YOU UNDERSTAND THAT THE WEBSITES AND SERVICES ARE PROVIDED AS-IS. YOU AGREES THAT USE OF THE WEBSITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUNCHEEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND SERVICES AND YOUR USE THEREOF.
- MUNCHEEZ MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ OR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF THE WEBSITES OR SERVICES, OR THE TRANSMISSION OF ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR SERVICES BY ANY THIRD PARTY;
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE WEBSITES OR SERVICES.
- MUNCHEEZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR SERVICES MUNCHEEZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT MUNCHEEZ SHALL NOT BE LIABLE FOR THE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- MUNCHEEZ AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT:
- THE WEBSITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT;
- THE WEBSITES AND SERVICES, AND ALL AFFILIATED WEBSITES, FEATURES, SERVICES, COMMUNICATIONS, AND APPLICATIONS, WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS;
- THE INFORMATION, DATA, OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE;
- THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS.
- ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, APPLICATION, FEATURE, OR OTHER PROGRAM.
Limitation of Liability
- MUNCHEEZ IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS, OR SECURE ACCESS TO ITS WEBSITES, APPLICATIONS, SERVICES, PROGRAMS, CONTENT, AND OPERATION OF THE WEBSITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF MUNCHEEZ’ CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND, AND AGREE THAT MUNCHEEZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MUNCHEEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR NETWORK; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (4) ANY OTHER MATTER RELATING TO THE WEBSITES OR SERVICES.
- YOU AGREE THAT MUNCHEEZ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE.
- SOME STATES, COUNTIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Reservation of Rights
The failure of Muncheez to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Muncheez.
These Terms do not and are not intended to confer any rights or remedies upon any person other than You and Muncheez.
Support or Maintenance
You acknowledge and agree that Muncheez will have no obligation to provide You with any support or maintenance in connection with the Websites or Services.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
The Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Muncheez without restriction.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the Muncheez Websites or any of the Services we provide, please feel free to contact us at: firstname.lastname@example.org.