Last updated March 15, 2020
These Terms and Conditions (hereinafter, the “Terms”) are a legally binding agreement made between you, or (if applicable) the corporate entity you represent (“you” or “your”) and MJIC, Inc. (d/b/a ManifestSeven) and its subsidiaries, operating as “Weden”, and its affiliates that own or operate the applicable websites or provide the applicable services that you may be accessing or using (collectively, the “Company“, “we”, “us”, or “our”) (each, individually, a “Party” and collectively, the “Parties”).
Your acceptance of the Terms is an express condition of, and governs your access to and use of the Company’s (a) websites, portals, mobile applications, channels, and software, including but not limited to weden.com, social media pages and channels (collectively, the “Sites”); (b) any services, features, media, functions, content, tools, and links contained or offered in the Sites (collectively, the “Services”); and (c) if applicable, mobile applications (“Apps”). You agree that by accessing the Sites, you have read, understood, and agreed to be bound by these Terms. If you do not accept and agree to these Terms, you may not use the Sites or Services, you may not create an account or user profile, if applicable, and must discontinue use immediately.
Certain areas of the Sites and Services (and your access to or use therein) may have differing supplemental terms, conditions, policies, rules, guidance, and documents that may be posted on the Sites and Services from time to time, which govern your access to and use of the Sites and Services and are hereby expressly incorporated herein by reference. (as applicable, the “Additional Terms”). We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Sites and Services after the date such revised Terms are posted. To the extent there is a conflict between these Terms and any Additional Terms for the Sites or Services, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to the Sites or Services.
The information provided on the Sites and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
If you access the Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisites and verifiable parental consent, we will delete that information from the Sites and Services as quickly as is reasonably practical.
When we make material changes to these Terms and choose to notify you, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending you an SMS communication to the SMS number you most recently provided to us and consented to us sending you communications, (iii) sending a push notification or in-app notification, (iv) by prominently posting a notice of the changes on the Websites, or (v) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Sites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
In order to access or use some of the Sites and Services, you must first register and create an individual profile for yourself or a business for the Sites or Services (each a “User Profile”).
The Sites and Services are intended solely and only available to individuals who are at least twenty-one (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. The Company will not collect personal information from any person that is actually known to use to be a child under the age of 21. If the Company is alerted that a user is under the age of 21, the Company will take steps to remove the users content and account and terminate and block his or her access to the Sites and Services. You may be asked to verify that you are over the applicable age limit during your use of the Sites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Sites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
By accessing or using the Sites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, SMS text, in-app push notices, or by posting notices and messages on the Sites or through any of the Services. By accessing or using the Sites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
As between you and the Company, you own your own user content. Unless otherwise indicated, we own the Sites and Services content, including but not limited to all source code, visual interfaces, interactive features, compilations, databases, functionality, software, data, websites designs, aggregate user review ratings audio, video, text, photographs, graphics and all other elements and components on the Sites and Services but excluding user content and third-party material (collectively, the “Company Content”). We also own or control the patents, patent application, copyrights, trademarks, trade names, trade secrets, service marks, logos and other intellectual and proprietary rights throughout the world contained therein (the “IP Rights”). Our IP Rights are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the IP Rights are provided on the Sites and Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and Services and no Company Content or IP Rights may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Sites and Services and the Company Content are retained by us.
Provided that you are eligible to use the Sites and Services, you are granted a limited license to access and use the Sites and Services and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and Services s, the Company Content and the IP Rights.
It is the Company’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office websites, the Company will respond appropriately to claims and reports of copyright infringement taking place on or through the Sites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Sites and Services by completing the following DMCA Notice of Alleged Infringement and delivering it to the Company in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, the Company will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Sites and Services.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
The Sites and Services may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Some portions of the Sites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Sites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
We reserve the right, but not the obligation, to: (1) monitor the Sites and Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions (defined below) or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Sites or Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.
Any use of the Sites or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Sites and Services.
You may not access or use the Sites or Services for any purpose other than that for which we make the Sites or Services available. The Sites or Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Sites or Services. In connection with your access or use of any of the Sites or Services, you may not and will not:
We will maintain certain data that you transmit to the Sites or Services for the purpose of managing the performance of the Sites or Services, as well as data relating to your use of the Sites or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
There may be information on the Sites or Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites and Services at any time, without prior notice.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, managers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Sites or Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Sites with whom you connected via the Sites or Services. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The Parties agree that these Terms shall be governed in accordance with the laws of the State of California, United States of America. The Parties agree that any controversy, claim or dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate (except at the option of either Party for any application for injunctive relief) shall be finally settled by arbitration in Orange County, California under the rules of the American Arbitration Association (“AAA”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at the AAA website: www.adr.org, before one arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction, except where otherwise required by the applicable AAA rules or applicable law. The arbitration provisions of these Terms shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Central District of California. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY. The Parties may mutually agree upon any procedure for appointing the arbitrator and shall inform the AAA administrator as to such procedure; however, if within forty five (45) days after the commencement of arbitration, the Parties have not mutually agreed on a procedure for appointing the arbitrator or have not mutually agreed on the designation of the arbitrator, the AAA administrator shall unilaterally appoint and designate the presiding arbitrator. If a Party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a Party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration. Additionally, if a Party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed to make the award based on the evidence before it.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing Party. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Orange County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the Sites or Services be commenced more than three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The laws of the state of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Sites or Services. All claims arising out of or relating to these Terms or any of the Sites or Services will be litigated exclusively in the federal or state courts of Orange County, California, and you and the Company consent to personal jurisdiction in those courts.
The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company.
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the sites or Services.
We do not represent that the materials in the Site or Services are appropriate or available for use in any particular location. Those who choose to access the Site or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
Under California Civil Code Section 1789.83, if any complaint with us is not satisfactorily resolved, California website users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Sites or Services or to receive further information regarding use of the Sites or Services, please contact us at:
111 Pacifica, Suite 100
Irvine, CA 92618
You may be given the option or be required to register with the Sites and Services to create a User Profile. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By creating a User Profile, you agree that:
The Company is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. The Company assumes no responsibility or liability for any issues, problems, or Content (defined below) on your User Profile.
User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. The Company does not review each User Profile to determine if it was created by an appropriate party. In addition, the Company is not responsible for any unauthorized User Profiles that may appear on the Services. If you believe that a User Profile listed on one of the Sites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to the contact information provided in Section 29.
For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media, (b) “User Content” means Content that users submit or transmit to, through, or in connection with the Sites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a User’s customers, (c) “Company Content” means the definition herein ascribed to it in Section 6, (d) “Third Party Content” means Content that originates from parties other than the Company or users of any of the Sites or Services, which is made available in connection with the Sites or Services and not otherwise owned by us, and (e) “Site Content” means all of the Content that is made available in connection with the Sites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and Company Content.
By submitting User Content, you represent, warrant and covenant:
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, you User Content contains material that is false, intentionally misleading or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
As between you and the Company, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Sites or Services. However, by submitting your User Content, you hereby grant the Company and all Sites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
The Company does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Sites and Services, you may be exposed to a small portion of Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will the Company be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via the Company, the Sites, Services, or any related process or venue.
You hereby grant the Company the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of the Company or for any purpose relating to the Sites or Services, including in connection with displaying any data, images, or information on the Sites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by the Company shall be owned exclusively by us.
The Sites or Services may contain (or you may be sent via the Sites) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Sites and Services or any Third-Party Content posted on, available through, or installed from the Sites and Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites or Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or Services or relating to any applications you use or install from the Sites or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
As part of the functionality of the Sites and Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Sites; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Sites or Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Sites and Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Sites and Services. You will have the ability to disable the connection between your account on the Sites and Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Sites. You can deactivate the connection between the Sites and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site and Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site or Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site or Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
On January 1, 2018, a 15% excise tax went into effect statewide on all purchases of cannabis and cannabis products, including medical cannabis. This 15% tax is collected from customers at the point of sale by the cannabis retailer.
Taxes are calculated as a percentage of the retail price. Some cannabis retailers choose to include the excise tax in the price of the product, while others charge it as a line item along with local cannabis and sales taxes. Weden San Diego and Weden Oakland have historically included the excise tax in the product price. However, in an effort to be more transparent, beginning October 7, 2019 the excise tax will be removed from our product prices, and rather included it as its own line item that’s calculated before completing your purchase.
Not much, you will still be paying the same prices you’re used to! The excise tax will just be calculated once you have added all your items to your cart. Because we are no longer including the excise tax in the price of the product, you may notice product prices appear lower on our menu.
Even though Weden is responsible for collecting taxes doesn’t mean we get to keep them. All taxes that are collected are transferred to the appropriate local or state agency. California’s cannabis tax revenue pays for administrative costs associated with marijuana legalization, and then uses excess funds for programs related to drug use, including economic development, academic studies, and youth programs.
There are several reasons you should only purchase from legal, licensed, and compliant cannabis retailers.
Weden frequently runs deals and specials to help offset the cost of taxes that we have no control over. The best way to support lower taxes is to reach out to your city-, county- and state-elected officials to voice your opinion and lobby for change.
Please review our Return Policy posted on the Site prior to making any purchases.
If you access the Site or Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not:
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site or Services: