September 23, 2019
QuickMedCards helps people find excellent doctors and healthcare providers to talk with about getting certified for legal marijuana use within their state. Every healthcare professional on the QuickMedCards software platform is licensed by their state to certify patients and provide paperwork for state-legal, medical marijuana.
THE COMPANY DOES NOT SELL MEDICAL CANNABIS, AND IS NOT A CANNABIS DELIVERY PROVIDER.
The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (referred to sometimes as “user” or “you”) and InstaCraft Inc., and its subsidiaries and affiliates including QuickMedCards (collectively, “InstaCraft” or the “Company”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and/or accessing, downloading, installing or using any associated application or website provided by the Company (including without limitation, the InstaCraft website located at quickmedcards.com) (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the INSTACRAFT website or through the Service.
I. Medical Consultation Service
THE SOFTWARE IS A COMMUNICATION TOOL FACILITATING COMMUNICATION BETWEEN THIRD PARTIES SUCH AS PEOPLE SEEKING MEDICAL CONSULTATIONS AND LICENSED MEDICAL PROVIDERS. INSTACRAFT IS A SOFTWARE FIRM. NEITHER INSTACRAFT NOR ANY PERSON(S) ACTING ON ITS BEHALF PRACTICES MEDICINE IN ANY MANNER OR PROVIDES MEDICAL ADVICE IN ANY FORM. RATHER, THROUGH THIS SITE, INSTACRAFT PROVIDES INFORMATION AND SUPPORT TO FACILITATE COMMUNICATION AND COORDINATION BETWEEN YOU AND YOUR LICENSED HEALTH CARE PROVIDER. INSTACRAFT SHOULD NOT BE DEEMED SUFFICIENT TO SUPPLEMENT, MUCH LESS REPLACE, YOUR RELATIONSHIP WITH THAT LICENSED HEALTH CARE PROVIDER OR ANOTHER HEALTH CARE PROVIDER OR HEALTH CARE SERVICE.
The Site may at any time offer Qualifying Patients (1) one or more of the following:
(i) information on licensed physicians, doctors of osteopathy, nurse practitioners, and health care providers and the services and facilities who wish to take appointments or be publish their contact information on the Site (collectively hereafter “Licensed Health Care Provider(s)”);
(ii) concierge-type assistance in planning for health care procedures and appointments with Licensed Health Care Providers, especially as it relates to location and geographic-specific information in the area surrounding the Licensed Health Care Provider or facility;
(iii) development and gathering of health care records and health care information with retention of the same for use in Licensed Health Care Provider appointments and communications;
(iv) administrative support in connection with third-party financing and payment options for Licensed Health Care Provider services and submission of third-party insurance claims for reimbursement of health care expenses when possible, and/or
(v) in certain circumstances, telecommunications support using the Site for direct access to Licensed Health Care Providers and facilities with whom a qualifying patient has an existing Licensed Health Care Provider to patient relationship for communication, consultations, assessments, and ongoing treatment.
(vi) in-person medical consultations with Licensed Health Care Providers.
Being authorized and recommended for medical marijuana is not a guaranteed outcome of a consultation with a medical provider (e.g. physician or nurse practitioner), for such must necessarily be in the physician or nurse practitioner’s discretion. The money that a user pays is for a consultation, not for a medical marijuana certification or prescription. User agrees that User is a resident of the state in which User is seeking a medical marijuana consultation.
II. Who May Access The Site
As set forth above, you may access and/or use the Site only if you have read, accepted, and agreed in full to each and every Term that is set forth herein or may be added, revised, or otherwise amended by InstaCraft. In addition, the Site may be used only by persons who are at least eighteen (18) years of age. InstaCraft does not seek through this Site to gather personal information from or about persons under the age of 18.
In addition, InstaCraft services shall be available only to Qualifying Patients that reside in a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments to consume cannabis for medical use (“Medical Cannabis Jurisdiction(s)”). The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment as dictated by applicable state laws and regulations in the Medical Cannabis Jurisdiction in which you reside. InstaCraft’s services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.
III. Compliance with Applicable Law
A. Federal Law
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. As such, possession, distribution, cultivation, and/or manufacture of cannabis is illegal under federal law, regardless of whether your Licensed Health Care Provider has recommended marijuana to you as a therapeutic measure in compliance with state or other non-federal law.
Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through the Site, you will not hold InstaCraft or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state and locality in which you reside.
B. State and Local Law in Medical Marijuana Jurisdictions
In order to gain access to and use the Site, you must demonstrate to the satisfaction of InstaCraft that you currently reside in an appropriate legal jurisdiction and meet applicable legal requirements for consumers of the products at hand. It is likely that only a valid, state-issued, non-expired identification card or driver’s license (collectively, “Identification”) shall be sufficient to demonstrate the required personal features.
Upon demonstration of location within a Medical Cannabis Jurisdiction through submission to the Site of your Identification or geo-location (as appropriate), InstaCraft shall seek to coordinate your initial communication with a Licensed Health Care Provider who can legally practice in the Medical Cannabis Jurisdiction in which you reside. We aim that you should not have access through the Site to a Licensed Health Care Provider who does not also practice in the same Medical Cannabis Jurisdiction of which you are a resident. Upon acceptance of this Agreement, you represent and warrant that you understand that there exist conflicts between federal and state law on cannabis.
IV. Medical Cannabis Recommendations
InstaCraft plays no role whatsoever in determining whether and to what extent medical cannabis may be an appropriate treatment for you. Whether and under what circumstances to recommend medical cannabis is in the sole discretion of your Licensed Health Care Provider following a good faith medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis Jurisdiction, to determine whether cannabis would be effective as a treatment for your condition(s).
It is of the utmost importance to InstaCraft that a Licensed Health Care Provider’s determination regarding whether and under what circumstances to recommend use of medical cannabis be determined solely by your Licensed Health Care Provider’s independent medical judgment after a good faith medical examination. While Licensed Health Care Providers are obligated to perform a good faith medical examination, Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. At no time shall you provide cash or any form of remuneration to either InstaCraft or to your Licensed Health Care Provider intended in whole or in part to induce your Licensed Health Care Provider to recommend the use of medical cannabis. While certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of any kind of a medical cannabis recommendation. All such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider.
Neither InstaCraft nor Licensed Health Care Providers make any warranties or guaranties that the use of medical cannabis would be an effective treatment for your medical condition(s). Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments that justifies a recommendation for the use of medical cannabis (a “Patient Recommendation” or “Prescription”), you bear the sole responsibility of obtaining cannabis for your medical use within the Medical Cannabis Jurisdiction in which you reside. Note that wherever the term “prescription” appears in the Site, it is metaphorical, meant to ease common usage, and meant to refer to what is often called a medical marijuana “recommendation” or “certification” or “patient card” or “med card’ by the applicable state government.
V. Your Relationship With InstaCraft
You understand and agree that by coordinating and in certain cases consulting with a Licensed Health Care Provider through the Site, you are not entering into a doctor-patient relationship with InstaCraft. You further understand and acknowledge that InstaCraft is neither a Licensed Health Care Provider nor a provider of cannabis for medical use, but solely a software platform connecting people in the medical marijuana community such as doctors and patients.
InstaCraft provides a platform for you to consult with your Licensed Health Care Provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your health care and wellness. The services provided through the Site are not a substitute for all direct health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care Provider, whom you select in your sole discretion based on your choice of availability times and an automated algorithm for assigning appointments to Licensed Health Care Providers.
VI. Consultative Service
If permitted by the Medical Cannabis Jurisdiction in which you reside, your Licensed Health Care Provider may use the Site to receive information from you as well as to provide advice or diagnosis to you. You acknowledge that your Licensed Health Care Provider providing such services through the Site might not have the benefit of information that would be obtained by examining you in-person and observing your physical condition, in each instance. Therefore, you acknowledge that it is possible that your Licensed Health Care Provider providing services through the Site might not be aware of, or reasonably able to ascertain, facts or information that would affect his or her opinion of your medical condition, needs, and/or appropriate treatment plan. By deciding to engage the services of the Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive may be limited and provisional; (ii) the opinion is not intended to replace all full medical evaluations or in-person visits with your other Licensed Health Care Providers; (iii) your Licensed Health Care Provider providing services through the Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or injury.
In order for your Licensed Health Care Provider to determine whether your medical condition(s) would benefit from the use of medical cannabis, certain Medical Cannabis Jurisdictions may require that you undergo an in-person medical examination or series of examinations with your Licensed Health Care Provider. Should your Medical Cannabis Jurisdiction require an in-person, physical medical examination or series of examinations prior to Patient Recommendation, InstaCraft may assist you in the coordination of an in-office visit or visits with a Licensed Health Care Provider. If you refuse or are unable to undergo such examination(s), your Licensed Health Care Provider could be prohibited from making any Patient Recommendation on your behalf. You understand and agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of InstaCraft and will not be used in any legal dispute against InstaCraft, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
VII. Duty to Provide Information and Access
If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide appropriate real-time audio and video access (consistent with reasonable technical and quality requirements or any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your Licensed Health Care Provider. You also have a duty to provide truthful, accurate, and complete responses on any patient forms or patient information requests InstaCraft or your Licensed Health Care Provider may provide through the Site.
IX. Independence of Licensed Health Care Providers
Licensed Health Care Providers utilizing or featured on the Site are subscribers to and licensees of the Site. Such Providers are not employees of InstaCraft. Such providers do not receive any form of remuneration from or on behalf of InstaCraft specifically to recommend or not recommend the use of medical cannabis. Any opinions, advice, or information expressed by a Licensed Health Care Provider, health care facility, professional or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of InstaCraft. On QuickMedCards.com, InstaCraft does not recommend or endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient Recommendations, procedures, medications, devices, opinions, or other information that may be mentioned on QuickMedCards.com or by a licensee of InstaCraft.
InstaCraft’s revenue from the service on the Site for consultations with Licensed Health Care Providers comes from its standard percentage payment processing fees, which are deducted from the payment made by patient to the Licensed Health Care Provider for consultation appointments. That is charged to cover the cost of InstaCraft maintaining the software that enables the flow of payment and information to the Licensed Medical Provider, such as bookkeeping, the merchant account, and information technology.
X. No Referral To or Recommendation Of Licensed Health Care Providers
The inclusion of Licensed Health Care Providers on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such Licensed Health Care Provider. Nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Licensed Health Care Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND INSTACRAFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACRAFT DOES NOT VERIFY STATEMENTS MADE BY MEDICAL PROVIDERS ABOUT THEMSELVES SUCH AS CONCERNING THEIR MEDICAL SPECIALITIES AND LICENSING INFORMATION. INSTACRAFT SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE SITE. THE USE OF THE SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE PROVIDERS IS PROHIBITED.
XI. Credit Transactions
As part of the services on the Site, InstaCraft may facilitate your payment of certain fees for products and services for your purchase from time to time through the Site. When you pay by credit card, you hereby authorize InstaCraft to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or InstaCraft is otherwise unable to debit the applicable amounts from your credit card, InstaCraft shall provide notice to you, whereupon you shall immediately furnish InstaCraft with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.
XII. Limited License and Site Access; Intellectual Property Rights; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). InstaCraft grants you a limited, non-exclusive, non-transferrable license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with InstaCraft’s express written consent. This license does not include: any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Site nor any portion of the Site may be reproduced, duplicated, copied, sold, reverse-engineered, resold, visited, or otherwise exploited for any commercial purpose without InstaCraft’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of InstaCraft without InstaCraft’s express written consent. You may not use any meta-tags or any other “hidden text” containing InstaCraft’s trademarks or service marks without InstaCraft’s express written consent.
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of InstaCraft or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of InstaCraft and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of InstaCraft or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by InstaCraft. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Certain trademarks on the Site are the service marks and trademarks of InstaCraft or its licensees. The domain name for the Site, the InstaCraft logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of InstaCraft. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of InstaCraft.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from InstaCraft or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from InstaCraft should be submitted via email to email@example.com. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to InstaCraft.
InstaCraft (or the respective third-party owners of Content) retains all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights. InstaCraft (or the respective third-party owners of Content) reserves all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
XIII. DMCA Policy
InstaCraft respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. InstaCraft asks our users to do the same.
InstaCraft employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please email a written notification of the claimed copyright or other intellectual property infringement to firstname.lastname@example.org.
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially all of the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
2. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
3. Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InstaCraft to locate the material;
4. Information reasonably sufficient to permit InstaCraft to contact you, such as your name, address, telephone number, and email address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
XIV. Ownership of Information Submitted via the Site
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. InstaCraft shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to InstaCraft via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
XV. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Site. InstaCraft reserves the right to change the access configuration of the Site at any time without prior notice.
XVI. Prohibited Uses
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by InstaCraft to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by InstaCraft, (vii) to reverse engineer, disassemble or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any InstaCraft representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising including but not limited to advertising the personal sale, cultivation, manufacture, or distribution of cannabis for medical or commercial use by you or by or for other individuals, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law, or those applicable state laws and regulations in your Medical Cannabis Jurisdiction of residence; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.
InstaCraft reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account and assistance of law enforcement where necessary or when required. InstaCraft may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
XVII. Right, But No Duty, To Monitor
To the extent that any of the Content included in the Site is provided by third-party content providers, Licensed Health Care Providers, or other Site users, InstaCraft has no editorial responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Site are those of such professional, third-party suppliers or users, respectively. InstaCraft does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with InstaCraft.
XVIII. Third-Party Interactions
Your interactions with entities or individuals found on or through the Site, including payment and conveying of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information.
You agree that InstaCraft shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that InstaCraft is under no obligation to become involved. In the event that you have a dispute with one or more other users or service providers on the Site, you hereby release InstaCraft, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Content and other information contained on the Site is provided by InstaCraft as a convenience to its Users. Users relying on Content or other information from the Site do so at their own risk.
THE INSTACRAFT SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. INSTACRAFT TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACRAFT MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Refunds are always solely in the discretion of the Company based on an assessment of the total situation of the customer. Refunds are only considered in cases where the healthcare provider saw and rejected patient for a medical recommendation. If provider approves the patient, there will be no refund, regardless of whether or not patient completed or continued the subsequent process with the state.
Any fees that the Company may charge you for the Application or Service, are due immediately and must be assumed by customer to be non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental, or intentional.
The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
XXII. Limitation of Liability
IN NO EVENT SHALL INSTACRAFT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTACRAFT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF INSTACRAFT IS HELD LIABLE BY A COURT OF LAW FOR ANY DAMAGES, INSTACRAFT SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER INSTACRAFT NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER INSTACRAFT NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XXIV. Notices and Electronic Communications
XXV. Miscellaneous 2
Those who choose to access the Site do so on their own initiative and are responsible for compliance with their local, state, and national laws, including those applicable and governing Medical Cannabis Jurisdiction laws and regulations, if and to the extent applicable. Access to the Site from jurisdictions where the Content and purpose of the Site is illegal or penalized is strictly prohibited.
You affirm that you have a primary care doctor, and that they are available to care for you when you need in-person service. You further affirm that your primary care doctor has not said you are unsuitable for medical marijuana.
XXVI. Dispute Resolution, Governing Law, and Arbitration Agreement
A. 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 Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.
B. ALL DISPUTES, OTHER THAN SMALL CLAIMS ACTIONS, SHALL BE SUBMITTED FOR BINDING ARBITRATION
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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 party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All legal proceedings shall be venued in Cumberland County, Maine.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Maine and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the Cumberland County, Maine. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Right to Counsel. You have the right to be represented by counsel of your choice. However, you agree that in all events you, not InstaCraft, shall be responsible for all of your counsel’s fees.
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to email@example.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
XXVI. No Agency Relationship
(1) “Qualifying Patients” shall mean those individuals who demonstrate to the satisfaction of a licensed physician, doctor of osteopathy, nurse practictioner, or licensed health care provider (collectively “Licensed Health Care Provider”) that they (a) suffer from one or more of the qualifying conditions and/or (b) are undergoing certain qualifying medical treatments as defined and governed by applicable state laws and regulations relating to the use of cannabis for medical treatment of the foregoing in the state in which the Qualifying Patient resides and their Licensed Health Care Provider is licensed to practice. An individual may be deemed a “Qualifying Patient” for purposes of these Terms only if such individual resides in a state that has legalized, decriminalized, or otherwise allows for possession and/or consumption of cannabis by qualified individuals. Note that the conditions and/or treatments required to qualify an individual as a Qualifying Patient may vary depending on the jurisdiction in which you reside. It is solely your responsibility to ensure that you are a Qualifying Patient. By using the Site, you represent to InstaCraft that you are a Qualifying Patient.