MMJ.ORG SERVICES TERMS
Updated: June 1, 2019. Copyright © 2019 ioVita PBC. All rights reserved.
These terms (“Terms”) cover the use of those MMJ.ORG products, websites, and services described in these Terms (the “Services”). You accept these Terms by creating an MMJ.ORG account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
1. The Services
The Services include access to the MMJ.ORG platform, which consists of a web-accessible or downloadable app (the “App”) that you may use to record your health background and experiences, and to track your health and use of medicines including medicinal cannabis or cannabinoids (collectively your “Health Information”). The Services may permit you to share your Health Informationwith others. (Third parties with whom you choose to share your information may include, for example, other patients using the Services, your healthcare professionals, and family members.) The Services will also make available certain information about healthcare and medicinal cannabis and cannabinoids from health care providers, researchers, and other users of the Services.
You may use the App without sharing any of your Health Information (defined below) except as required for App registration and usage.
2. Your Privacy
Your privacy is important to us. Please read the MMJ.ORG Privacy Statement (the “Privacy Statement”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how MMJ.ORG uses your content, your communications with others, postings submitted by you to MMJ.ORG through the Services, and the files, photos, documents, audio, digital works, and videos if any, that you upload, store, broadcast or share through the Services (collectively, “Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to MMJ.ORG’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
3. Your Content
Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
When you share Your Content with other people, you understand that they may be able to use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have and will have all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. MMJ.ORG cannot be held responsible for the substance of Your Content or the material others upload, store or share using the Services.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve MMJ.ORG products and services, you grant to MMJ.ORG a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
4. Code of Conduct
By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, pornography, offensive language, graphic violence, or criminal activity).
- Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
If you violate these Terms, we may stop providing Services to you or we may close your MMJ.ORG account. We may also remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, MMJ.ORG reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
5. Using the Services
5.1 MMJ.ORG account. You’ll need an MMJ.ORG account to access the Services. Your MMJ.ORG account lets you sign in to products, websites and services provided by MMJ.ORG and some MMJ.ORG partners.
5.2 Creating an Account. You can create an MMJ.ORG account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your MMJ.ORG account. If you create an MMJ.ORG account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your MMJ.ORG account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your MMJ.ORG account.
5.3 Account Use. You must use your MMJ.ORG account to keep it active. This means that, unless otherwise indicated in the Services, you must sign in at least once in a 2-year period to keep your MMJ.ORG account, and associated Services, active. If you don’t sign in during this time, we will assume your MMJ.ORG account is inactive and will close it for you. If we reasonably suspect that your MMJ.ORG account is being used by a third party fraudulently (for example, as a result of an account compromise), MMJ.ORG may suspend your account until you can reclaim ownership.
5.4 Adults Only. By using the Services, you represent that you have either reached the age of “majority” where you live. The Services are available only to those age 18 or older.
5.5 Closing Your Account. You can cancel specific Services or close your MMJ.ORG account at any time and for any reason. To close your MMJ.ORG account, please contact us – see Contact information in Section 18 below. When you ask us to close your MMJ.ORG account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your MMJ.ORG account will be permanently closed. Logging back in during that 60-day period will reactivate your MMJ.ORG account.
If your MMJ.ORG account is closed (whether by you or us), a few things happen. First, your right to use the MMJ.ORG account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your MMJ.ORG account or will otherwise disassociate it from you and your MMJ.ORG account (but we may continue to use the Data or Health Information already provided for Research Purposes – see Section 6 below).
5.6 Equipment and Data Plans. To use the Services, you’ll need an internet connection or data-cellular plan. You might also need additional equipment, like a smartphone, computer, headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the providers of your connections, plans, and equipment. Those fees are in addition to any fees you may pay us for the Services.
5.7 Service Notifications. When there’s something we need to tell you about the Services, we’ll send you Service notifications. We may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
5.9 Support may not be available for preview or beta versions of features or Services.
6. Research Purposes
If you agree to share your Data or Health Information for Research Purposes, you may be presented with a separate consent form. Your Participation is Voluntary. You may refuse to participate in the Research Purposes. If you decide to take part in the Research Purposes, you may withdraw your consent to the Research Purposes at any time. No matter what decision you make, you may still use the App and the Services (subject to these Terms).
7. Using Third-Party Apps and Services
8. Service Availability
The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and MMJ.ORG is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored.
9. Updates to the Services or Software, and Changes to These Terms
We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your MMJ.ORG account.
Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. MMJ.ORG isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you originally licensed the software, apps, content or other products.
There may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material or applications previously provided. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
10. Software License
Unless accompanied by a separate MMJ.ORG license agreement, any software provided by us to you as part of the Services is subject to these Terms.
If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by MMJ.ORG. Notices, if any, for the third-party code are included for your information only.
The software is licensed, not sold, and MMJ.ORG reserves all rights to the software not expressly granted by MMJ.ORG, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- separate components of the software or Services for use on different devices;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless MMJ.ORG expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; or
- enable access to the Services by unauthorized third-party applications.
MMJ.ORG, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MMJ.ORG DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
12. Limitation of Liability
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from MMJ.ORG or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. However, these limitations do not apply to our negligence in connection with the Research Purposes.
13. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Suffolk County, Massachusetts, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
14. Binding Arbitration and Class Action Waiver
14.1 Binding Arbitration and Class Action Waiver If You Live In (or, if a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes MMJ.ORG and MMJ.ORG’s affiliates.
14.2 Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, pricing, your MMJ.ORG account, advertising, marketing, communications, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
14.3 Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to IoVita, PBC d/b/a MMJ.ORG, ATTN: Arbitration, at our physical address. See Contact Information – Section 17 below. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
14.4 Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Suffolk County, Massachusetts, USA if you meet the court’s requirements.
14.5 Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—Suffolk County, Massachusetts, USA if your dispute is with MMJ.ORG. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
14.6 Arbitration Fees and Payments. For disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
14.7 Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
14.8 Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property infringement claims — see Section 17.1) within one year from when it first could be filed. Otherwise, it’s permanently barred.
14.9 Rejecting Future Arbitration Changes. You may reject any change we make to this Section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15.3. If you do, the most recent version of Section 15 before the change you rejected will apply.
14.10 Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 15 still applies.
15.1 General. This section, and sections 1, 6, 12, 13, 14 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and MMJ.ORG for your use of the Services. It supersedes any prior agreements between you and MMJ.ORG regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for MMJ.ORG’s successors and assigns.
15.2 Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software or Services, which include restrictions on destinations, end users, and end use.
15.3 Reservation of Rights and Feedback. Except as expressly provided under these Terms, MMJ.ORG does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by MMJ.ORG or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to MMJ.ORG any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to MMJ.ORG, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires MMJ.ORG to license its software, technologies or documentation to any third party because MMJ.ORG includes your Feedback in them.
15.4 Medical Notice. MMJ.ORG does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.
16. Intellectual Property
16.1 Infringement Notices. MMJ.ORG respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact us – see Section 18 below – and include the subject: INFRINGEMENT. MMJ.ORG uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, MMJ.ORG may also disable or terminate accounts of users of MMJ.ORG services who may be repeat infringers.
16.2 The Services. The Services are copyright © 2019 ioVita, PBC d/b/a MMJ.ORG or its suppliers. All rights reserved. MMJ.ORG and the names, logos, and icons of all MMJ.ORG products, software, and services may be either trademarks or registered trademarks of MMJ.ORG in the United States or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.
17. Contact MMJ.ORG
For questions about these Terms, or for notices to be provided in connection with these Terms contact MMJ.ORG as set out below. To be sure we receive notice, you should have it personally delivered or sent by courier or certified mail, return receipt requested.
ioVita PBC d/b/a MMJ. ORG
50 Milk Street, 15th Floor
Boston, MA 02109 USA
Phone: +1 888 799 4288