April 1, 2019
By using Fastweed Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Fastweed Services for third-party vendors and users to list their legal cannabis-related products, services, classified ads, and for users to browse, respond, connect and place orders for those products, services, classified ads. All transactions are settled between the vendors and the users directly. Fastweed does not sell any cannabis-related products and is not involved with any payments between the vendors and the users. Vendors and users are responsible for complying with any and all applicable state and federal laws, rules and regulations. Fastweed takes no responsibility and assumes no liability for any actions taken by you or any third party. Vendors and users are responsible for making their own independent assessment of the information on this website and any use of Fastweed Services, of which is provided "as is" without any warranty of any kind, whether express or implied. Using Fastweed Services does not create any warranties, representations, contractual commitments, conditions or assurances from Fastweed, its affiliates, suppliers, or licensors.
If you are 21 or older, Fastweed grants you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access Fastweed Services in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from Fastweed Services, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
You agree we may moderate access to Fastweed Services and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree not to bypass said moderation. Fastweed is not liable for moderating, not moderating, or representations as to moderating, and nothing we say or do waives our right to moderate, or not.
To the extent permitted by law, Fastweed makes no promise as to Fastweed Services, its completeness, accuracy, availability, timeliness, propriety, security or reliability; your access and use are at your own risk, and Fastweed Services are provided “as is” and “as available”; Fastweed is not liable for any harm resulting from user content; user conduct, e.g. illegal conduct; your use of Fastweed Services; or Fastweed representations; WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“Fastweed Entities”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; FASTWEED ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID TO FASTWEED IN THE PAST YEAR.
You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your use of Fastweed Services is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Los Angeles, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against Fastweed Entities; (6) (except government agencies) to indemnify Fastweed Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your use of Fastweed Services; (7) you are liable for TOU breaches by affiliates (e.g. marketers, vendors, users, etc.) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay Fastweed for breaching or inducing others to breach the TOU section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of personal information collected, and $1000 per software distribution, capped at $25,000 per day.
Users complying with prior written licenses may access Fastweed Services thereby until authorization is terminated. Otherwise, this is the exclusive and agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.
Here is a partial list of goods, services, and content prohibited on Fastweed:
- any good, service, or content that violates the law or legal rights of others
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone’s personal, identifying, confidential or proprietary information
- spam; miscategorized, overposted, cross-posted, or nonlocal content
- postings or email the primary purpose of which is to drive traffic to a website
- weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
- ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
- US military items not demilitarized in accord with Defense Department policy
- child pornography; bestiality; offers or solicitation of illegal prostitution
- pet sales, re-homing with adoption fee, animal parts, stud service
- food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
- hazardous materials, recall items; body parts/fluids; unsanitized bedding/clothing
- stolen property, property with serial number removed/altered, burglary tools, etc
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
Please don’t use Fastweed Services for these purposes, and report anyone else you see doing so.
You must also be a legal Medical Marijuana Patient, as defined by the laws of your state, or a medical or recreational user, depending on each individual user’s state legislation.
Fastweed does not get involved in any transactions between users. Your access and use of Fastweed Services is at YOUR OWN RISK.
When you use Fastweed Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us or third-party vendors, you may be communicating with us or third-party vendors electronically. You consent to receive communications from us or third-party vendors electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fastweed Services, such as our Communications Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we or third-party vendors provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Fastweed Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fastweed or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fastweed Service is the exclusive property of Fastweed and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fastweed Service are trademarks or trade dress of Fastweed in the U.S. and other countries. Fastweed's trademarks and trade dress may not be used in connection with any product or service that is not Fastweed's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fastweed. All other trademarks not owned by Fastweed that appear in any Fastweed Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fastweed.
LICENSE AND ACCESS
You may need your own Fastweed account to use certain Fastweed Services, and you may be required to be logged in to the account to use certain Fastweed Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You are not able to sell products to children. If you are under 21, you may not use Fastweed Services with or without the involvement of a parent or guardian. Cannabis listings on Fastweed are intended for adults. You must be at least 21 years of age to place an order for cannabis on Fastweed, or use any site functionality related to cannabis on Fastweed. Fastweed reserves the right to refuse service, terminate accounts, terminate your rights to use Fastweed Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fastweed reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fastweed a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fastweed and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fastweed for all claims resulting from content you supply. Fastweed has the right but not the obligation to monitor and edit or remove any activity or content. Fastweed takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Fastweed respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
Fastweed takes no responsibility and assumes no liability for loss of data or items. Fastweed does not take title or accept any physical items. This means that the risk of loss and title for such items pass to you.
RETURNS, REFUNDS AND TITLE
Fastweed does not take title to or accept returned items. Fastweed does not provide refunds. It is at the sole discretion of the third-party vendor who posts the item to offer returns, refunds, and title.
Fastweed attempts to be as accurate as possible. However, Fastweed does not warrant that product descriptions or other content of any Fastweed Service is accurate, complete, reliable, current, or error-free. If a product offered on Fastweed's Marketplace is not as described, your sole remedy is to not purchase it when settling the transaction offline.
PRICING & INVENTORY
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We do not regularly check List Prices against prices recently found on Fastweed and other retailers.
With respect to items sold by third party vendors, Fastweed cannot confirm the price or inventory of an item. Despite our best efforts, a small number of the items in our catalog may be mispriced or otherwise mislabeled. Third party merchants follow different policies in the event of a mispriced or other mislabeled item.
When you use apps created by Fastweed, such as the Fastweed App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Fastweed Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fastweed Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fastweed Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FASTWEED SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASTWEED SERVICES ARE PROVIDED BY FASTWEED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FASTWEED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FASTWEED SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASTWEED SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FASTWEED SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FASTWEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FASTWEED DOES NOT WARRANT THAT THE FASTWEED SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FASTWEED SERVICES, FASTWEED'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FASTWEED ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FASTWEED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FASTWEED SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FASTWEED SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Fastweed Service, or to any products or services sold or distributed by Fastweed or through Fastweed.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Junell A. Mackey, CPA, 1502 Huntington Dr., South Pasadena, CA 91030. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse those fees for claims. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ADDITIONAL FASTWEED SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Fastweed Services (the "Fastweed Software").
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Fastweed Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Fastweed Software at any time and without notice to you.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Fastweed accepts service of subpoenas or other legal process only through Fastweed’s registered agent. Please send subpoenas or other legal process via email:
Fastweed.com Attn: Legal Process email@example.com
Please note that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or company name used to make purchases; the name, e-mail, and physical address of a seller with seller information; description of product or service purchased; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint to firstname.lastname@example.org. This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.