Thank you for using floridamarijuanainfo.org! floridamarijuanainfo.org's (also referred to as “FMI”) products and services are provided by floridamarijuanainfo.org. The Terms of Service ("Terms" or “TOS”) referred herein govern your access to, and use of, floridamarijuanainfo.org's website, forum, products, and services (referred herein as "Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy. 1. Using floridamarijuanainfo.org a. Who can use floridamarijuanainfo.org You may use our Products only if you can form a binding contract with floridamarijuanainfo.org, and only in compliance with these Terms and all applicable laws. When you create your floridamarijuanainfo.org account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 21 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.   b. Our license to you   Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.   c. Commercial use of floridamarijuanainfo.org   If you want to use our Products for commercial purposes you must receive written permission from floridamarijuanainfo.org and agree to our Business Terms of Service (“Business Terms”).  The Business Terms are available upon request by contacting us at: Info@floridamarijuanainfo.org.   2. Your Content User Provided Content, License. You are solely responsible for all content, images or materials that you post, submit to, or transmit through the Service. By submitting materials, images or content to “FMI”, you grant “FMI” a license to copy, use, display and create derivative works of the material, images or content submitted for any purpose, including, without limitation, the promotion and marketing of the Service and the operation of the “FMI” system. By submitting materials, images or content, you automatically agree (or, to the extent you do not own all rights to such materials or content, you represent and warrant that the owner of the content, images or materials has expressly agreed) that without any particular time limit, and without the payment of any fees, “FMI” and anyone it permits may reproduce, display, distribute and create new works of authorship based on and including the content or materials. You may not submit content or materials trademarked or copyrighted by anyone other than yourself.  floridamarijuanainfo.org owns all content, posts and images that are posted on, or that reside on, floridamarijuanainfo.org’s site and/or servers and/or hosting platform(s).  Any images that are uploaded to your post or thread by you and hosted by a third party will be downloaded and stored onto floridamarijuanainfo.org servers to maintain continuity for all posts and threads as well as to ensure fast page load times for our members. If this is a problem for you then please do not post images or links to images. Indemnity Regarding User Provided Content. You will indemnify, defend and hold harmless “FMI” and its officers, volunteers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them that arise out of or are related to either (a) the content, images or materials that you post or (b) your breach of these TOS. a. Posting content   floridamarijuanainfo.org allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to floridamarijuanainfo.org. You also agree that you have all rights necessary to post any User Content on floridamarijuanainfo.org.   b. How floridamarijuanainfo.org and other users can use your content   You grant floridamarijuanainfo.org and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, pin, re-pin, modify, create derivative works, perform, and distribute your User Content on floridamarijuanainfo.org for the purposes of operating, developing, providing, and using the floridamarijuanainfo.org Products. Nothing in these Terms shall restrict other legal rights floridamarijuanainfo.org may have to User Content, for example under other licenses. floridamarijuanainfo.org reserves the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.   c. How long we keep your content   Following termination or deactivation of your account, or if you remove any User Content from floridamarijuanainfo.org, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, floridamarijuanainfo.org and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through floridamarijuanainfo.org.   d. Feedback you provide   We value hearing from our users, and are always interested in learning about ways we can make floridamarijuanainfo.org a better place. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, floridamarijuanainfo.org does not waive any rights to use similar or related Feedback previously known to floridamarijuanainfo.org, or developed by its employees, or obtained from sources other than you. 3. Copyright Policy floridamarijuanainfo.org has adopted and implemented floridamarijuanainfo.org’s Copyright Policy which is in accordance with the Digital Millennium Copyright Act. For more information, please contact Info@floridamarijuanainfo.org. 4. Security We care about the security of our users. While we work to protect the security of your content and account, floridamarijuanainfo.org cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. 5. Third-Party Links, Sites, and Services Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by floridamarijuanainfo.org. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from floridamarijuanainfo.org, you do so at your own risk and you agree that floridamarijuanainfo.org will have no liability arising from your use of or access to any third-party website, service, or content. 6. Termination floridamarijuanainfo.org may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these TOS including, but not limited to, Sections 2 and 6-12 of these Terms. 7. Indemnity If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless floridamarijuanainfo.org and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms. 8. Disclaimers The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. floridamarijuanainfo.org SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.   floridamarijuanainfo.org takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.   9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, floridamarijuanainfo.org SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL floridamarijuanainfo.org'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).   10. Arbitration For any dispute you have with floridamarijuanainfo.org, you agree to first contact us and attempt to resolve the dispute with us informally – this shall be a condition precedent to any other action(s) taken by you. If floridamarijuanainfo.org has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. You agree that the only venue shall be Palm Beach County, Florida. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND floridamarijuanainfo.org ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.   11. Governing Law and Jurisdiction These Terms shall be governed by the laws of the State of Florida. We each agree to submit to the personal jurisdiction of a state court located in Palm Beach County, Florida or the United States District Court for the Southern District of Florida (West Palm Beach), for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the state of Florida and no representations  are made that any content or Products are appropriate or available for use in other locations.   12. General Terms Notification Procedures and changes to these Terms. floridamarijuanainfo.org reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we may notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by floridamarijuanainfo.org without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.   Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with floridamarijuanainfo.org in connection with the Products, shall constitute the entire agreement between you and floridamarijuanainfo.org concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.   No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and floridamarijuanainfo.org's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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