You agree to abide by all applicable federal, state and local laws and understand You will be legally bound by the terms and conditions of these Terms. You confirm and acknowledge that Vana will not be held liable at any time for any liability resulting from the use of the Websites or Services.
You confirm that You are twenty-one (21) years of age or older, are an emancipated minor, or possess a valid legal parental or guardian’s consent (the “Age Requirement”) and are fully able to enter into the terms and conditions set forth here. If You do not meet the Age Requirement, You are not permitted to use the Websites or the Services.
You understand that the current Terms are subject to changes made by Vana at any time, and You agree to be bound by all changes, modifications and revisions. You fully understand that it is Your sole obligation to review the Terms periodically to account for changes that have been made as any and all future changes and additions will be considered binding.
In order to access the Websites and Services, You must be at least twenty-one (21) years old. You may be asked to verify that You are over the applicable age limit during Your use of the Websites or Services and You hereby agree that You shall not misrepresent Your age or status. Without limiting the foregoing, the Websites 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 or status as described above.
In order to access or use some of the Websites or Services, You may need to first register and create an individual account for Yourself for such Websites or Services (each an "Account”).
By creating an Account, You agree that:
Your Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent our prior written consent. Vana may offer You the ability to set preferences relating to Your Account, but changes to Your settings may not become effective immediately or be error free, and options may change from time-to-time. Vana assumes no responsibility or liability for any issues, problems, or content on Your Account.
Accounts may only be set up by an authorized representative of the individual that is the subject of the Account. Vana does not review each Account to determine if it was created by an appropriate party. In addition, Vana is not responsible for any unauthorized Account that may appear on the Services. If You believe that an Account listed on one of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email email@example.com.
“User Content” means any and all information and content that a user submits to, or uses with, the Websites or Services, including without limitation, content in Your Account profile, reviews or postings. You acknowledge and agree that Vana is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Vana does not assume and will not have any liability or responsibility to You or any other person or user for Your use or misuse of any User Content.
You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Terms. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Vana. Because You alone are responsible for Your User Content (and not Vana), You may expose Yourself to liability if, for example, your User Content violates the Terms. Vana is not obligated to backup any User Content and User Content may be deleted at any time.
You hereby grant, and You represent and warrant that you have the right to grant, to Vana an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and prepare derivative works of, incorporate into other works, and otherwise use, Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Websites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
The Websites or Services might display, include, or make available Third-Party Content (including data, information, articles, applications or other products, services, as well as materials) or contain links to third-party websites, services, and advertisements for third-party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Vana is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Vana does not assume and will not have any liability or responsibility to You or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk. When You link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Websites or Services might display, include, or make available coupons, promotional codes, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Vana displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Vana, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to You in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
If there is a dispute between users of the Websites or Services, including between You and any Third Party featured on our Websites or Services, (each, a “Dispute”), You understand and agree that Vana and its affiliates (including the Websites and the Services) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Vana (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish Your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed.
If You are a California resident or resident of a state with a similar applicable law, You hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in Your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Vana Technologies, Inc., or its parent companies or subsidiaries, owns the Websites, Services, and all content thereon, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites, but excluding Third-Party Material. Any and all intellectual property rights on Vana’s Websites or Services are protected by US and International copyright, patent and relevant trademark laws protecting intellectual property and proprietary rights. You may not reproduce, copy, or download any content from Vana’s Websites or Services without the express written authorization to first do so. Commercial use without prior consent is prohibited. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Websites or Services.
You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which You received the Mobile App (“App Platform”). You acknowledge that these Terms concern You and Vana, and not the App Platform. Vana, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).
Each App Platform may have Additional Terms to which You must agree before downloading the Mobile App from it. You agree to comply with, and Your license to use the Mobile App is conditioned upon, Your compliance with all applicable agreements, terms and conditions of use and service, and other policies of the applicable App Platform.
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Vana 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 Vana 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 Websites may implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services may implement Google Maps API. By using Google Maps API, You agree to be bound by Google’s Terms of Service.
You agree to abide by all applicable federal, state and local laws and regulations in connection with the use of the Websites and Services. You also agree that you will NOT:
The failure of Vana 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 Vana.
These Terms do not and are not intended to confer any rights or remedies upon any person other than You and Vana.
You acknowledge and agree that Vana will have no obligation to provide You with any support or maintenance in connection with the Websites or Services.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
The Terms contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Vana without restriction.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the Vana Websites or any of the Services we provide, please feel free to contact us at: firstname.lastname@example.org.