TERMS OF SERVICE / Privacy policy
Effective: January 30, 2018
Alpaca.club TERMS OF USE
Welcome to Alpaca.club , the website and online service of Alpaca.club Solutions, Inc. (“Alpaca.club,” “we,” or “us”). This page explains the terms by which you may access and use our online and/or mobile services, website, and software provided on or in connection with the service, including our widgets and other interactive features (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in Alpaca.club’s Privacy Policy, whether or not you are a registered user of our Service. Alpaca.club reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, third-party providers, users, and others who access the Service (“Users”). In some instances, both the Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, this Agreement will control unless the Additional Terms expressly state otherwise.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
OUR SERVICE
Description of the Service. Alpaca.club is a technology platform, not a marijuana collective or cooperative, and does not actually touch the plant nor receive its revenue from the sale of cannabis. We (a) provide detailed product information to Users, (b) cultivate a community around responsible cannabis use through both virtual applications and physical events, (b) receive and process information received from Users seeking medical or recreational cannabis from third-party cannabis providers, (c) perform pre-verification checks for Users seeking medical or recreational cannabis in compliance with applicable laws and regulations, and (d) provide a platform, accessed via a website and/or mobile app, through which Users, including lawfully operated third-party cannabis businesses and cannabis consumers, may establish a relationship for the provision of medical or recreational cannabis. We neither provide nor intend to provide cannabis delivery services to Users. It is the sole responsibility of the third party cannabis businesses to provide delivery and other services in compliance with applicable laws and regulations. While we make reasonable efforts, such as by reviewing state licenses, to ensure that any third party providers with whom we affiliate operate in compliance with applicable regulations, we make no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding such third party providers and have no responsibility or liability with respect to services provided to you by such third parties.
Eligibility to Use Service. This is a contract between you and Alpaca.club. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Alpaca.club, and only in compliance with this Agreement and all applicable local, state, national (while acknowledging Section 3 below), and international laws, rules and regulations. By using the Service, you represent and warrant that you are in compliance with the age restrictions set forth by your jurisdiction in relation to services such as this, but in any event you are at least eighteen (18) years of age. By using the Service to initiate a relationship with a third-party cannabis provider, you expressly acknowledge that Alpaca.club is solely for Users residing in states that have adopted legislation providing medical and/or recreational use of cannabis. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient and that the creation of such relationship is being done in compliance with applicable state and local laws. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ cannabis laws, such as California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Alpaca.club has its principal place of business in California. However, Alpaca.club may be accessible to and provide the Service to Users outside of California. If you are not a resident and qualified User within the State of California, you must abide by and follow the laws of the state in which you are a resident.
Acknowledgement of Federal Law. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You further acknowledge that medical marijuana is not recognized as a valid defense under federal laws. You further acknowledge that the interstate transportation of marijuana is a federal offense. You acknowledge and agree that Alpaca.club neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.
Alpaca.club Accounts. Your Alpaca.club account gives you access to the features and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, and these different accounts may have different functionalities available to them. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. Unless you have entered into a separate agreement with Alpaca.club to become a third-party cannabis provider, you represent and warrant that your use of the Service is for your sole, personal use. You may never (x) use another User’s account, (y) assign or otherwise transfer your account to any other person or entity; or (z) share with or distribute to any third party any cannabis received from a third-party provider except to the extent you are the primary caregiver for a qualified patient, where applicable law provides for the same. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Alpaca.club immediately of any breach of security or unauthorized use of your account. Alpaca.club will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your account settings page. By providing Alpaca.club your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Service Rules. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Alpaca.club’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Alpaca.club grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Alpaca.club.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes without our express written consent; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, (xiii) accessing the Service if you are our direct competitor, except with our prior written consent, or (ivx) accessing the Service for the purposes of monitoring their availability, performance, functionality, or for any other benchmarking or competitive purpose.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Alpaca.club Users, including third-party providers. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Alpaca.club shall have no liability for your interactions with other Users, or for any User’s action or inaction.
RIGHTS AND LICENSES
License to Use the Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial (except for those Users that have entered into a separate agreement with Alpaca.club to become third-party providers) use only and as permitted by the features of the Service. Alpaca.club reserves all rights not expressly granted herein in the Service and Alpaca.club Content (as defined below). Alpaca.club may terminate this license at any time for any reason or no reason.
User Content. Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information, (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Alpaca.club has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
User Content Restrictions. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Alpaca.club reserves the right, but is not obligated, to reject and/or remove any User Content that Alpaca.club believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and Alpaca.club’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Alpaca.club may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Alpaca.club takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Alpaca.club shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User Content License Grant. By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Alpaca.club a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Alpaca.club’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Our Rights. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Alpaca.club Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Alpaca.club and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Alpaca.club Content. Use of Alpaca.club Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Feedback, Comments, and Ideas. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Alpaca.club under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Alpaca.club does not waive any rights to use similar or related ideas previously known to Alpaca.club, or developed by its employees, or obtained from sources other than you.
DMCA Notice. Since we respect artist and content owner rights, it is Alpaca.club’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Alpaca.club’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Alpaca.club to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: MAt
Address:8880 elder creek, Sacramento Ca, 95825
Telephone: 7073869674
Fax: Email: info@alpaca.supply
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Alpaca.club and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Alpaca.club’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Alpaca.club has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Alpaca.club may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD-PARTY INFORMATION AND TRANSACTIONS
Third-Party Information and Links. The Service may contain links to third-party materials that are not owned or controlled by Alpaca.club. Alpaca.club does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Alpaca.club’s Privacy Policy do not apply to your use of such sites. You expressly relieve Alpaca.club from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Alpaca.club shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Purchases from Third Parties. From time to time, third-party providers may advertise their products on the Service for purchase (“Products”).
Pricing. All prices for Products are listed on the Service are stated exclusive of taxes. Additional local, state, or federal taxes may apply to your purchase. Estimated tax, shipping and handling fees, if any, will be reviewable prior to submitting your order. You acknowledge and agree that the prices, applicable taxes, and shipping and handling fees provided to you prior to your submission of an order and acceptance of that order by the applicable third-party provider are estimates. The final total amount due, including any applicable tax and shipping and handling fees, for any Products will be calculated at the time of your order submission.
Payment. All payments through the Service are processed using a third-party payment processor and deposited directly into an account owned by the third-party provider with whom you entered into a relationship through the Service. You acknowledge and agree that Alpaca.club is not liable or responsible for any breaches of credit card or debit card security by such third party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
Delivery; Risk of Loss. All Products purchased through the Service will be shipped by the third-party provider to the address you specify. All Products are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Alpaca.club. The time period from order to delivery will vary depending on your location. You may have Products shipped only to addresses located within jurisdictions of the United States that have passed legislation permitting recreational or medical cannabis and only and only in compliance with applicable laws. Title to Products purchased on the Service, as well as the risk of loss for such Products, passes to you when the third-party provider delivers the Products to the carrier.
Returns and Refunds. Alpaca.club cannot and will not accept returns and does not provide refunds on behalf of its third-party providers. Any issues related to Products received from third-party providers should be addressed directly with the applicable third party provider.
Disclaimer. You understand that Products may contain materials that could be dangerous if handled improperly, and you acknowledge that we are not liable or responsible for any personal injury or property damage arising from any misuse of any Products offered through the Service. You hereby agree not to use Products for any illegal purpose, and you assume all liability and responsibility for any action you take that is contrary to any applicable law, rule, or regulation of any territory.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Prop 65 WARNING: This product can expose you to chemicals such as marijuana smoke, which is known to the State of California to cause cancer, and cadmium, which is known to the State of California to cause birth defects or other reproductive harm. birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
PRIVACY. We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.
SECURITY. Alpaca.club cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
INDEMNITY. You agree to defend, indemnify and hold harmless Alpaca.club and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law (including but not limited federal laws relating to the use, possession, and/or distribution of cannabis), rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
NO WARRANTY.
Service Provided As-Is. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Alpaca.club OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Alpaca.club, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE Alpaca.club CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Third Parties. Alpaca.club DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Alpaca.club SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Alpaca.club WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Alpaca.club, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Alpaca.club BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
Maximum Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Alpaca.club ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Alpaca.club, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Alpaca.club HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Alpaca.club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
No Warranties of Appropriateness or Availability. The Service is controlled and operated from facilities in the United States in the state of California. Alpaca.club makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations and cannabis-specific regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. You may not use the Service from outside the United States or from a state that has not passed legislation approving recreational or medical cannabis, as applicable. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States in states that have passed legislation authorizing the use, possession, and distribution of recreational or medical cannabis, as applicable.
GOVERNING LAW, ARBITRATION, AND CLASS ACTION / JURY TRIAL WAIVER
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Alpaca.club. For any dispute with Alpaca.club, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Alpaca.club has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein The arbitration will be conducted in San Francisco County, California, unless you and Alpaca.club agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Alpaca.club from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Alpaca.club ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Time to Present Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or you shall be forever barred from making such claim.
GENERAL
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Alpaca.club without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. Alpaca.club may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Alpaca.club in our sole discretion. Alpaca.club reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Alpaca.club is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Alpaca.club may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Alpaca.club in connection with the Service, shall constitute the entire agreement between you and Alpaca.club concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Alpaca.club’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Email Info@alpaca.supply with any questions regarding this Agreement.
PRIVACY POLICY
Privacy Statement
Please read this Privacy Statement carefully. This statement governs your use our website (available at www.alpaca.club.com) (the “Site”) and the associated content and services made available through our website (collectively, the “Service”). When using any of our Services you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Policy.
Your information is controlled by Wholeomse Delivery inc,(“alpaca.club”)8880 elder creek suite 150 , Sacramento CA, 95825 Irrespective of which country you reside in or supply information from, you authorize alpaca.club to use your information in the United States and any other country where alpaca.club operates.
INFORMATION COLLECTED OR RECEIVED
Basic Account Information: When you create or reconfigure an account, you provide some personal information, such as your first and last name, your email address, your zip code, your government identification, your medical marijuana prescription (which may include medical information regarding your medical marijuana recommendation, including the name and license number of your recommending physician, the contact information of the physician, the method to verify the recommendations authenticity, the expiration date of the recommendation, and the recommendation verification number), and a password for your account. Certain aspects of the Service, such as searching and viewing vendor or product profiles on the Site, do not require registration. We may use your email address to send you information about our Service, to market to you, to help prevent spam, fraud, or abuse. You may unsubscribe from an email notification by following the instructions contained within the notification.
Additional Information: If you contact us, we may keep your message, email address, phone number, and contact information to respond to your request.
Public Information: Our Services are primarily designed to maintain the privacy of your information. We understand that most of the information you provide us through the Service is information you are intending to remain private. However, occasionally there are situations where you may intend for alpaca.club to make public the information you share with us. For example, public information includes the messages you post to any public community forum or message board, such as a review of products made available through the Service and the metadata provided with such public information, such as when you posted the message. We may use this information to make inferences, like what topics you may be interested in, and to customize the content we show you. The public information you provide to alpaca.club will remain public for as long as you do not delete it. The Service broadly and instantly disseminates your public information to a wide range of users, customers, and services. When you share information or content via the Service, you should think carefully about what you are making public.
Location Information: When you use the Service, alpaca.club may receive information about your location. You may tell us your location if you provide your zip code as part of the account creation process or when you provide your shipping information for an order. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Service, such as to determine whether or not you are eligible to purchase products through the Service, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for people to follow.
Links: alpaca.club may keep track of how you interact with links across our Service, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Service and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Cookies: Like many websites, we use cookies and similar technologies, such as web beacons, to collect additional website usage data and to improve our Service, but we do not require cookies for many parts of our Service such as searching and looking at public vendor and product profiles. A cookie is a small data file that is transferred to your computer or mobile device. alpaca.club may use both session cookies and persistent cookies to better understand how you interact with our Service, to monitor aggregate usage by our users and web traffic routing on our Service, and to customize and improve our Service. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies. Web beacons, which are also known as clear GIFs, web bugs or pixel tags, are often used in combination with cookies. They are images (often transparent) that are part of web pages. At alpaca.club, web beacons allow us and (occasionally) our third-party affiliates to count users who have visited certain pages and to generate statistics about how our site is used. They are not used to access personally identifiable information.
Unlike cookies, you cannot decline Web beacons. However, setting your browser to decline cookies or to prompt you for a response will keep Web beacons from tracking your activity.
Log Data: When you use our Service, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit our websites, sign into our Service, or interact with our email notifications. alpaca.club uses Log Data to provide, understand, and improve our Service, to make inferences, like what topics you may be interested in, and to customize the content we show you.
Payment Services: You may provide your payment information, including your credit or debit card number, card expiration date, CVV code, and billing address (collectively, “Payment Information”), along with your shipping address, to complete a payment transaction through our Service. To facilitate future purchases, we store your Payment Information, excluding CVV code, and shipping address, which you can remove from your account at any time using your account settings. We consider your Payment Information and shipping address private and do not make such information public. We collect and store information created by your purchases made through our Services (“Transaction Data”). Transaction Data may include the merchant’s name and the date, time and amount of the transaction.
Third-Parties and Affiliates: alpaca.club may receive information about you from a variety of third-party affiliates and service providers that to help us to provide our Service, including but not limited to Anomaly. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies, web beacons, or your IP address.
INFORMATION USE, SHARING & DISCLOSURE
User Consent or Direction: We may share or disclose your information at your direction, such as when you post a public review of a product on the Service.
Service Providers: We engage service providers to help provide our Service, such as hosting our various blogs, and to help us understand and improve the use of our Service including but not limited to Glew and Google Analytics. These service providers perform functions and provide services to us in the United States and other countries. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions. We share your Payment Information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards.
Collectives: If you buy goods through our Service, we may provide the seller, collective, provider or vendor with your name, email address, information related to your eligibility (or lack thereof) to receive medical cannabis, shipping address, Payment Information and Transaction Data to facilitate legal and regulatory compliance obligations, payment processing, order fulfilment and dispute resolution (including payment and shipping disputes) and to help prevent, detect and investigate fraud or other prohibited activities. Please refer to these third parties’ privacy policies for information about their privacy practices.
Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect alpaca.club’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
Business Transfers and Affiliates: In the event that alpaca.club is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity. We may also disclose information about you to our business affiliates in order to help provide, understand, and improve our Service and our affiliates’ services.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as the information you choose to post publicly on the Service, or the number of users who clicked on a particular link (even if only one did).
INFORMATION ACCURACY
You are responsible for maintaining the accuracy of the information you submit to us, such as contact information or doctor recommendation information provided as part of registration. The Service will disable a user’s account if the information provided is determined to be false or no longer current.
CHOICE & CONTROL
We know that members of our community value having control over their own information, and therefore alpaca.club gives you the choice of providing, editing or removing, certain information, as well as choice over how we contact you.
You may change or correct your alpaca.club account information on the website. You may also remove certain optional information on the website that you no longer wish to be publicly visible, such as your public posts and reviews.
For various reasons, alpaca.club may send you messages about our Service or your activity. Some of these messages are required, service-related message for users (such as transactional messages). Other messages are not required (such as newsletters), and you can control which optional messages you choose to receive by changing your settings in your account.
SECURITY
Your alpaca.club account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our Service.
alpaca.club encrypts sensitive information (such as credit card numbers) using secure socket layer technology (SSL). alpaca.club follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once alpaca.club receives it. Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
DATA RETENTION
alpaca.club will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active, or as needed to provide you services. If you no longer want alpaca.club to use your information to provide you services, you may close your account. alpaca.club will retain and use your information to the extent necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
You may inform us of any changes or requests regarding your personal data, and in accordance with our obligations under applicable data protection law, we may update or delete your personal data accordingly.
OUR POLICY TOWARDS CHILDREN
Our Service is not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us here. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
PRIVACY POLICY CHANGES
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://www.alpaca.club.com/privacy-policy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via placing a prominent notice on the Service or sending you an email to the email address associated with your account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.
CONTACT alpaca.club
If you have any questions or suggestions you can contact alpaca.club’s support team by sending an email to info{at}alpaca.supply