Updated Jan 1, 2020.
The website at www.Herrrb.com and all related mobile or software applications (collectively, the “Site”) are copyrighted works belonging to Caribe, LLC (“Herrrb”, “Us”, “Our”, and “We”). Herrrb provides cannabis-related information via the Site, including, but not limited to, dispensary directory, health care provider directory, news stories, and other information and services (collectively, the “End User Services”) to end consumers of the Site (“End Users”) for informational purposes only. In addition, Herrrb offers a variety of services to business operations including, cannabis dispensaries, products and brands, and health care providers (each, a “Customer” and hereinafter also referred to as “you” and “your”) who may use the Site to list details concerning their location, services, and products on a Customer- or product/brand-specific page (each a “Customer Page”) and otherwise promote their business on the Site (collectively, with other services provided through the Site to Customers, the “Business Services”; the Business Services and End User Services are also collectively referred to as the “Services”). Certain features of the Business Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Business Service or Site in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated into this Agreement.
1. CUSTOMER ACCOUNTS
1.2 Cancellation. You may delete your Customer Account at any time, for any reason, by contacting Herrrb via the Site. Herrrb may suspend or terminate your Customer Account in accordance with Section 10.
2. PAYMENT TERMS
2.1 Ordering Services. You may order access to Business Services by following the directions on the Site. Once you order Business Services, your subscription to the applicable Business Service will automatically renew until you cancel your Business Service. Unless otherwise specified, you may cancel your Business Service at any time by contacting us via the Site. Herrrb may change the pricing for Business Services (from time to time in its sole discretion) by notifying you at the current e-mail address associated with your Customer Account or otherwise. Any changes in pricing will not take effect until at least ten (10) days after Herrrb’s attempt to send such e-mail notice.
2.2 Payment Terms. Business Services may be offered on a paid or discounted basis. If you order a paid Business Service, you agree to pay the then-current applicable Business Service fee listed on the Site or quoted to you by Herrrb. Herrrb accepts payment by credit card or ACH transfer. If you pay by credit card, Herrrb will automatically bill your credit card submitted in ordering the Business Service on the date the Business Service is activated, and each month thereafter, until you cancel the applicable Business Service. In the event that you cancel a Business Service or it is otherwise terminated in accordance with Section 10, reactivation of your Customer Account and related Business Services may be subject to additional reactivation fees in Herrrb’s sole discretion. ALL PAYMENTS ARE NON-REFUNDABLE, IN WHOLE OR IN PART, INCLUDING BUT NOT LIMITED TO CANCELLATION OR TERMINATION OF SERVICES. If you elect to pay by credit card, you hereby authorize Herrrb to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Herrrb may provide you, via email or other method, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within five (5) days after receiving such notice of non-payment, then Herrrb (a) may provide any priority Business Services you have ordered to another paying Customer (e.g., any ad space that you have reserved), (b) may permanently revoke any existing offers related to pricing or discounts, and/or (c) may terminate the applicable Business Service.
3.1 License. Subject to the terms of this Agreement, Herrrb grants you a non-transferable, non-exclusive, license to use the Site and Business Services subscribed to through your Customer Account solely in accordance with this Agreement.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host (except where hosting is necessary to offer certain Services), or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. Herrrb reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Herrrb will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding your Customer Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in the Site and Services are owned by Herrrb or Herrrb’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Herrrb and its licensors reserve all rights not granted in this Agreement.
4. CUSTOMER CONTENT
4.1 Customer Content. “Customer Content” means any and all information and content that a Customer submits to, or uses with, the Site or Services including advertisements, Customer business name, address, and other contact information ( “Customer Business Information”), coupons, promotional codes, giveaways, samples and other offers listed by you on the Site (collectively, “Deals”), photos, or other information uploaded by Customer to the Site. You are solely responsible for your Customer Content. You assume all risks associated with use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by other users of the Site and Services, or any disclosure of your Customer Content that makes you or any third party personally identifiable. You hereby represent and warrant that your Customer Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your Customer Content is in any way provided, sponsored or endorsed by Herrrb. Herrrb is not obligated to backup any Customer Content and Customer Content may be deleted at anytime. You are solely responsible for creating backup copies of your Customer Content if you desire.
4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Herrrb an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Customer Content (including, as applicable, your Customer Pages), and to grant sublicenses of the foregoing, for the purposes of including your Customer Content in the Site and Services and developing and distributing new, original content for use in conjunction with the Site 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 Customer Content. Some of your Customer Content (including, as applicable, your Customer Pages) may continue to be publicly displayed and distributed on the Site and Services following termination or expiration of this Agreement.
4.3 Feedback. If you provide Herrrb any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Herrrb all rights in the Feedback and agree that Herrrb shall have the right to use such Feedback and related information in any manner it deems appropriate. Herrrb will treat any Feedback you provide to Herrrb as non-confidential and non-proprietary. You agree that you will not submit to Herrrb any information or ideas that you consider to be confidential or proprietary.
5. ACCEPTABLE USE POLICY. The following sets forth Herrrb’s Customer “Acceptable Use Policy”:
5.1 General Restrictions. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any Customer Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (d) is otherwise designed, in Herrrb’s sole discretion, to attack or damage the reputation of your competitors or other Customers or End Users on the Site.
5.2 Compliance with Applicable Laws. You may not use the Services to post or communicate any information in contravention of any applicable laws or regulations. All the Customer Content you post on the site must comply with all applicable laws, whether national, state, or provincial, including, without limitation, those regulating the advertising of cannabis or cannabis-related products and provision of any Deals. You must comply with all applicable laws, regulations, and industry standards in conducting your business, and in the event that any person, entity, or government authority accuses you of any illegal or unethical conduct, Herrrb shall have the right in its sole discretion to immediately suspend or terminate Your use of the Business Services upon notification in accordance with Section 10 below.
5.3 Cannabis-related Description Restrictions. Without limiting the generality of the foregoing, you may not use the Services to post or communicate any information (including Customer Content) which (a) makes any deceptive, false, or misleading assertions or statements about your products and/or services, (b) promotes over consumption of your products and/or services, (c) represents that the use of cannabis has curative or therapeutic effects, (d) depicts a child or other person under legal age, or otherwise suggests the presence of such person, and/or (e) is designed in any manner that would be especially appealing to persons under twenty-one years of age.
5.4 Customer Content Overview. You may not upload or otherwise post any information to your Customer Account (including, but not limited to, your Customer Pages) that refers or links to any third-party web sites or services for aggregated cannabis dispensaries, retail location, and/or health care provider listings. You must maintain your Customer Content (including any applicable Customer Business Information) so that it is accurate and current.
5.5 Reviews. You agree not to post reviews on the Site (using your Customer Account or any other Herrrb End User account) that are (a) about your own cannabis dispensary, retail location, and/or health care provider entity or a competitor’s cannabis dispensary, retail location, and/or health care provider entity or (b) your products or competing products. Reviews based on secondhand, non-personal experience, or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience, are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about any person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, (f) contain references to products, cannabis dispensaries, retail locations, and/or health care providers other than the product or entity being reviewed, or (g) contain unrelated personal grievances.
5.6 Photos. Any photo images must be relevant and appropriate to the Customer and its business or product as featured on the Site. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5.
5.7 Other Advertising Standards. Customer Content must comply with Herrrb’s Advertising Standards.
5.8 Technological Restrictions. You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Customers or End Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Herrrb or gain unauthorized access to the Site or Services, other Customer Pages, or other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
5.9 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any Customer Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your Customer Content, terminating your Customer Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
6. INDEMNITY. You agree to indemnify and hold Herrrb (and its owners, directors, managers, officers, partners, employees, independent contractors, parent companies and agents, and successors and assigns of itself or its affiliates) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interactions with any other users of the Site or Services (including other Customers or existing or potential customers); (iii) your Customer Content, (iv) your violation of this Agreement; or (v) your violation of applicable laws or regulations. Herrrb reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Herrrb. Herrrb will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. OTHER USERS
7.2 Release. You hereby release and forever discharge Herrrb (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, 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 Customers or End Users.
The Site and Services are provided “As-is” and “As available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site and Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Without limiting the generality of the foregoing, we make no representation or warranty that any use of the Site and Services to depict or describe cannabis or cannabis-related products or services is lawful in any particular jurisdiction. It is your sole responsibility to determine and comply with all applicable legal or regulatory requirements and restrictions. Your use of the Site and Services is entirely at your own risk.
9. LIMITATION ON LIABILITY
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site or Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our (and our suppliers’) liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amounts you have paid Herrrb in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
10. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement, by notifying you at the e-mail address and/or phone number provided in connection with your Customer Account. It is your responsibility to ensure that we have accurate contact information on file for you. Upon termination of this Agreement, your Customer Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Customer Account involves deletion of your Customer Content associated therewith from our live databases. Herrrb will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Customer Account or deletion of your Customer Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–11.
11.1 No Support or Maintenance. You acknowledge and agree that Herrrb will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
11.3 Electronic Communications. The communications between you and Herrrb use electronic means, whether you visit the Site or send Herrrb e-mails, or whether Herrrb posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Herrrb in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Herrrb provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
11.4 Choice of Law; Venue. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any action at law or in equity will be commenced in a federal or state court located in the Wyoming and you and Herrrb consent to the venue and jurisdiction of such courts.
11.6 Copyright/Trademark Information. Herrrb® and the Herrrb logo (“Marks”) are trademarks of Caribe, LLC. You acknowledge and agree that You are not permitted to use these Marks or any third party marks displayed on our site without prior written consent from, respectively, Caribe, LLC or the owners of such third party marks.
11.7 California Consumer Protection Act (“CCPA”). We do not sell (as such term is defined in the CCPA) the personal information we collect, and we will not sell it without providing you the opportunity to opt out.
11.8 Herrrb Contact Information: contact us via Contact Us page on the Site.