The website located at www.essencelv.wpengine.com (the “Site”) is a copyrighted work belonging to Integral Associates, LLC, d/b/a “Essence” (“Essence”, “Us”, “Our”, and/or “We”). This Site provides resources related to products and services available in Essence’s retail locations and other general information regarding the cannabis industry. Certain features of the Services or Site may be subject to additional guidelines, terms, legal restrictions pursuant to local laws regulations or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY ESSENCE ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR
ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. ESSENCE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT, INDEPENDENT TESTING RESULTS AND THIRD-PARTY INFORMATION OR MATERIALS. ESSENCE DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF ESSENCE’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND ESSENCE-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, THIRDPARTY TESTING RESULTS AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA ESSENCE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON ESSENCE’S SOCIAL MEDIA PAGES AND CHANNELS.
ESSENCE DOES NOT OFFER LEGAL ADVICE. NOTHING CONTAINED HEREIN OR ACCESESSED THROUGH THIS SITE AND ITS SERVICES SHALL BE CONSTRUED AS PROVIDING LEGAL ADVICE OR SERVICES TO THE SITE’S USERS OR ANY OTHER PARTY. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS OR ANY OTHER LEGAL MATTER HAVE REPRESENT WARRANT AND AGREE THAT THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES PROVIDED BY ESSENCE. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS CONTAINED ELSEWHERE IN THIS AGREEMENT.
Section 1. User Eligibility
You must be 21 years of age to use the Site and/or Services related to the Site. You must also be legally eligible to use the Site and/or Services pursuant to the laws of state of Nevada.
Section 2. License.
Subject to the terms of this Agreement, Essence grants you a limited nontransferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. No use that is inconsistent with this License ispermissible.
Section 3. Account Creation and Maintenance.
In order to use certain features of the Site (e.g., to use the Services), you may be required to create an account with Essence (“Account”) and provide certain information about yourself. You represent and warrant that: all registration information you submit is truthful and accurate; and that you will maintain the accuracy of such information at all times. You may not create more than one Account. Essence may suspend or terminate access to your Account in its sole and absolute discretion. You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Essence of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Essence cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Section 4. Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; you shall not access the Site or Services in order to build a similar or competitive site; and 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.
Section 5. Modification and Suspension of the Site or Services.
Essence reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.
Section 6. Ownership of Intellectual Property.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, displayed or depicted on the Site are owned by Essence or Essence’s licensors. Nothing on this Site shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Essence and its suppliers reserve all rights not
granted in this Agreement.
Section 7. Grant of License to Essence.
You hereby grant, and you represent and warrant that you have the right to grant, to Essence an irrevocable, 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 reviews, and to grant sublicenses of the foregoing, solely for the purposes of including your reviews or user content in 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 reviews and user content.
Section 8. Acceptable Use Policy.
You agree not to post reviews on the Site or any of Essence’s social media pages or channels that are not based on your own personal experiences. All reviews must be factual in nature. Reviews based on secondhand, nonpersonal experience are expressly prohibited. Reviews posted on the Site, or any of Essence’s social media pages or channels must not: be written exclusively in capital letters; be plagiarized; contain spam or advertisements and/or links to external websites; contain disparaging information about any person, or lewd attacks against a specific individual or group of individuals; contain references to competitors other than the product being reviewed, or contain unrelated personal grievances. If you are an owner, agent, volunteer, or employee of a competitor you may not post reviews about your Dispensary or products. In addition, you agree not to use the Site or Services to upload, transmit, or distribute any computer malicious software including spyware, malware, or any other harmful software or program designed to damage any device of any kind or to disseminate spam or other unwanted information.
Section 9. Indemnification.
You agree to indemnify and hold Essence (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your violation of this Agreement; or (iii) your violation of any laws or regulations.
Section 10. Third Party Information and Materials
Third-Party Materials. The Site might display, include, or make available thirdparty content (including data, information, product testing results or other information), or contain links to third party websites, services, and advertisements for third parties. You acknowledge and agree that Essence is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Essence 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
Section 11. Discounts, Special Offers.
The Site or Services might display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from Essence. Essence displays these Deals on the Site and Services as a form of advertisement. All Deals are may be subject to additional terms, conditions, or restrictions under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services.
Section 12. Release.
You hereby release and forever discharge Essence (and our officers, employees, agents, successors, and assigns) 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 Site or Service users or Third Party Materials.
Section 13. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ESSENCE MAKES NO WARRANTY THAT THE SITE OR SERVICES: WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. LIMITATION ON LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSENCE 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 AND 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, ESSENCE’S 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 GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID LEAFLY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Section 15. Term and Termination.
This Agreement will remain in full force and effect while you use the Site. Essence may (a) suspend your rights to use the Site and/or Services (including your 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.
Essence may amend these Terms at any time in our sole discretion. You agree to review these Terms periodically so that you are aware of any modifications.
Section 17. Copyright/Trademark Information.
Copyright © 2017, Essence, All rights reserved. Essence; the Essence logo; are trademarks of Integral Associates, LLC. The display of third-party marks or logos of Essence’s vendors are also reserved by each respective entity. You acknowledge and agree that You are not permitted to use Essence’s Marks or any third-party marks displayed on its site without prior written consent from,
respectively Essence or the owners of third-party marks.
Section 18. Miscellaneous.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Essence’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Essence. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Essence prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. This Agreement shall be governed by the laws of the state of Nevada without regard to choice of law provisions. The proper venue for any dispute arising from this Agreement shall be the courts in and for Clark County, Nevada.