Terms of Use

Updated: 19 June, 2024

TexasCannabis.org (“Site”,”company”, “we”, “our”, or “us”) is a website that offers a wide range of content, communications, forums, and information (the “Content”) about the cannabis industry. By accessing or using this Site, you acknowledge and agree that you understand, accept, and will comply with the terms and conditions of use as stated below (“Terms of Use”). Please note that the Company may, at its sole discretion, terminate your access to Site at any time for any reason without notice. Certain features of the Services may be subject to additional guidelines, terms, or rules, which may be posted in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice (as it may be updated from time to time.

These Terms are for everyone who uses the Services (“Users”). If you're using the Services for a company, group, or other entity, then (i) “you” means both you and the entity, and (ii) you must be allowed to represent the entity and agree to these Terms for it. If you do not agree with all the terms laid out here, please refrain from accessing or using the Services. If you’re using the Services on behalf of a company, entity, or organization, you must be an authorized representative with the power to bind them to these Terms.

This agreement includes provisions for arbitration and the waiver of your rights to a court hearing, jury trial, and participation in a class action. Arbitration is mandatory and serves as the sole remedy for all disputes, unless specified otherwise in Section 18. It is important to thoroughly review the dispute resolution provisions in Section 18 below. This arbitration agreement means that (1) any claims you might have against us must be resolved through binding and final arbitration, (2) you can only file claims against TexasCannabis.org as an individual, and not as part of or as a representative in any class action or collective proceeding, and (3) any relief sought must be on an individual basis.

1. LIMITED RIGHT TO USE

Unless otherwise specified, all Content in this Site is a collective work owned by TexasCannabis.org and is protected by United States and international copyright laws. All elements comprising this Site, including without limitation, the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof are the sole property of TexasCannabis.org or its licensors, and are protected by US and international copyright laws. All software used in this Site is the property of TexasCannabis.org or its licensors, and such software is also protected by United States and international copyright laws. Permission is granted to electronically display and electronically copy and print hardcopy portions of this Site for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this Site is strictly prohibited. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by TexasCannabis.org or its licensors. You have no right to use any such Trademarks, and nothing contained in this Site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of TexasCannabis.org or the respective owner.

2. REQUIREMENTS FOR USE

You may only access TexasCannabis.org’s Services using authorized means. You must have compatible computing/mobile devices, internet access, and the software required to operate it. Fees and charges may apply to your use of mobile services and the internet. If you use an incompatible or unauthorized device to access the Service, TexasCannabis.org retains the right to terminate this Agreement.

3. ABOUT TEXASCANNABIS.ORG

TexasCannabis.org is an information and technology platform, which connects its users with third party cannabis related services in the state of Texas. TexasCannabis.org itself does not engage in rendering any healthcare provider services and does not offer any sales. TexasCannabis.org is not a medical marijuana collective or cooperative. The services of TexasCannabis.org include supplying technology and management services to medical practices and other cannabis-related businesses that are independently owned and operated, which in turn offer services through this platform. It's important to note that all the clinical treatments made available through these services are furnished by physicians belonging to independently owned and operated medical practices. The compliance with applicable state laws and regulations rests solely with the third-party doctors, collectives, cooperatives, or delivery services. Although we undertake reasonable efforts, including the review of state licenses, to ensure that the third-party providers we affiliate with operate in accordance with the relevant regulations, we do not make any representations, promises, or warranties regarding their legality, suitability, or any other aspect. We assume no responsibility or liability for the services provided to you by such third parties.

4. DISCLAIMERS OF WARRANTIES

TexasCannabis.org does not give medical advice. Information found through its services or social media is for educational purposes only and should not replace professional medical counsel or treatment. This includes user content and third-party materials.

TexasCannabis.org is an independently operated website and is not associated with or endorsed by any government agency. All content and information made accessible through the services are intended solely for informational purposes. TexasCannabis.org does not vouch for, nor is it liable for, the precision or dependability of any views, advice, statements, or other information disseminated through the services, including content provided by users and third-party materials. TexasCannabis.org holds no responsibility for your interactions with any dispensary, retail outlet, healthcare provider, third-party, or other users of the services. TexasCannabis.org is not required to vet dispensaries, retail establishments, healthcare providers, or assess their menus, content, or promotions for qualifications, legal compliance, or the accuracy of the information they offer.

TexasCannabis.org assumes no responsibility for accuracy, correctness, timeliness, or content of the Content provided on this Site. You should not assume that the Content on this Site is continuously updated or otherwise contains current information. TexasCannabis.org is not responsible for updating Content from the Site that have expired or have been removed.

5. ACKNOWLEDGEMENT OF FEDERAL LAW

By utilizing this website, you explicitly acknowledge and agree that TexasCannabis.org is exclusively designed for the residents of Texas, where laws regulating the medical and recreational use of cannabis are in place. You recognize that medical cannabis collectives and patients operate in accordance with Texas state laws. Please be aware that cannabis is categorized as a Schedule I substance under the United States Controlled Substances Act. Under federal law in the United States, the manufacturing, distribution, dispensing, or possession of cannabis is illegal, and individuals engaging in these activities may face arrest and/or prosecution. Additionally, you acknowledge and consent to the understanding that the medical use of cannabis is not recognized as a valid defense under federal laws. It is also important to recognize that transporting cannabis across state lines constitutes a federal offense.

6. LIMITATION OF LIABILITY

TexasCannabis.org and its associated parties will not be liable for any damages, including direct, indirect, incidental, punitive, special, or consequential damages, arising from the use of the website, products, or services. If TexasCannabis.org is found liable, the maximum liability will be limited to the total amount paid within the previous year. Some exclusions may not apply depending on applicable laws. Additionally, TexasCannabis.org, its parents, subsidiaries, officers, directors, managers, employees, agents, representatives, suppliers, or content or service providers will not be liable for any damages arising from the use of the website, including direct, indirect, compensatory, special, incidental, punitive, and consequential damages.

7. INDEMNITY

You agree to indemnify, defend, and protect TexasCannabis.org and its affiliated entities, including officers, directors, employees, and agents, from any losses, expenses, damages, liabilities, claims, actions, demands, costs (including attorneys' fees), and other related expenses. This responsibility arises from your use of the Site, any violations of the terms and conditions, breaches of representations or warranties, or infringement of third-party rights.

8. ELIGIBILITY AND ACCOUNTS

8.1. Eligibility: To use the Services provided by TexasCannabis.org, you must be at least 21 years old and a Texas resident. By agreeing to and complying with this Agreement, you acknowledge that meeting the stated requirements does not guarantee the provision of Services through TexasCannabis.org. Additionally, TexasCannabis.org and its affiliated professional entities reserve the right to modify or introduce new requirements at their sole discretion without prior notice. When using TexasCannabis.org's Service, you explicitly affirm and warrant that you are at least 21 years old, have the legal capacity to enter into this agreement, reside in a jurisdiction where medical cannabis is lawful, consent to the terms of this Agreement, and commit to full compliance with all its provisions.

8.2 Accounts: To use the services, you will need to create an account and provide truthful and accurate information. You can only have one account, and TexasCannabis.org has the right to suspend or terminate it if necessary. If you wish to delete your account, you can do so by sending an email to admin@TexasCannabis.org with your username and a request for account deletion.

9. COMMUNICATIONS

All communications sent to this website, will be treated as non-confidential and non-proprietary. By engaging in communication with TexasCannabis.org, you acknowledge and agree that any comments, information, feedback, review, or ideas related to the Company, its products, or services will become the exclusive property of the Company upon submission. TexasCannabis.org shall have full ownership rights, including the unrestricted right to utilize or disclose such Feedback in any format, medium, or technology, whether currently known or developed in the future, for any purpose, whether commercial or otherwise, without any obligation to provide compensation to you.

You are solely responsible for the content of your communications and ensuring their compliance with all applicable laws and regulations. It is prohibited to use this website to distribute, link to, or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringes upon the intellectual property or privacy rights of a third party.

10. YOUR RELATIONSHIP WITH TEXASCANNABIS.ORG

TexasCannabis.org does not provide medical services directly but offers a platform to connect users with licensed health care providers for information and wellness planning. Users should be aware that the platform does not replace in-person health care services. TexasCannabis.org is not responsible for fraudulent individuals falsely claiming affiliation with the organization. By accepting the Terms, users consent to receiving communications from TexasCannabis.org, and it is their responsibility to read and comply with the provided information. Failure to do so will not hold TexasCannabis.org liable for any resulting consequences.

These Terms of Use, as well as the Content, materials, and features of the Services, do not establish a partnership, joint venture, employment, or agency relationship between you and TexasCannabis.org. You are not authorized to enter into any contract on behalf of TexasCannabis.org or bind the company in any manner.

11. MEDICAL CONSULTATION SERVICES

When utilizing the Services, it is possible for a licensed healthcare provider or affiliated health care provider to offer advice or treatment. It's important to note that these providers may not have the benefit of examining you in person or having access to all relevant information that could impact their opinion on diagnosis or treatment recommendations. To mitigate this limitation, TexasCannabis.org strongly advises sharing all relevant information and discussing potential diagnosis and treatment options with the healthcare provider. Additionally, certain state laws may restrict the prescription of certain medications without an in-person physical examination. By choosing to use the Services, you acknowledge and accept these limitations and assume any associated risks.

The information provided by the cannabis consultant is for informational purposes only. It is not medical advice and should not be considered as a diagnosis or treatment for any medical condition. You acknowledge and agree that the opinions and recommendations offered by the cannabis consultant are solely their own and not those of TexasCannabis.org. TexasCannabis.org does not have an employment or agency relationship with any of the cannabis consultants using the Service, and therefore, cannot be held responsible or liable for any of the consultant's opinions or recommendations.

By booking the certification, you agree to hold the medical certification professionals and the appointment booking service harmless from professional liability claims.

12. ACCESS TO SERVICES

TexasCannabis.org grants you a limited license to use its Services, for personal use only. You cannot use them for commercial purposes, modify them, or use them to create a competing service. TexasCannabis.org may change or discontinue services without notice, and it is not responsible for any impact this may have. All intellectual property rights of the Services are owned by TexasCannabis.org or its suppliers, and using the Services doesn’t transfer any ownership to you.

The use of TexasCannabis.org's Services is strictly for your personal use only. You agree not to authorize or allow others to use your user account, transfer your account to any individual or entity, or share or distribute medical cannabis to any third party unless you are the primary caregiver for a qualified patient as permitted by applicable law. Additionally, you agree to always adhere to the state and federal laws regarding the use of medical or recreational cannabis collectives and cooperatives, as well as all relevant marijuana laws.

13. USER GENERATED CONTENT; USAGE INFORMATION

13.1 User Generated Content (UGC): TexasCannabis.org is not responsible for the accuracy, legality, or quality of UGC posted by users. Users must not violate the rights of third parties or any applicable laws in their UGC.

13.2 User Responsibilities: Users are solely responsible for their UGC and must ensure it complies with the Acceptable Use Policy. TexasCannabis.org is not liable for any misuse of UGC.

13.3 License Grant: By submitting UGC, users grant TexasCannabis.org a license to use, reproduce, display, and create derivative works of the content for the purpose of providing the Services. Users waive any moral rights or attribution claims.

13.4 Feedback: Any feedback or suggestions provided to TexasCannabis.org become its property and may be used as deemed appropriate.

13.5 Data Collection and Usage: TexasCannabis.org has the right to collect and utilize diagnostic, technical, and usage information (Data) for legitimate purposes, including maintaining, enhancing, and developing the Services. De-identified or aggregated Data may be shared with third parties. TexasCannabis.org may employ measures to ensure compliance with these Terms and protect its rights.

14. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE

14.1 Third-Party Materials. Our Website may contain content, materials, or links to websites provided by third parties. We want to emphasize that we are not responsible for any of these third-party materials or websites, including their accuracy, legality, or quality. It is important for you to exercise caution and carefully review the policies and practices of any third-party website before engaging in any transactions or interactions with them.

If you have any complaints, claims, concerns, or questions regarding products or services offered by third parties, it is recommended that you directly contact the third party involved. They will be better equipped to address your specific inquiries and provide the necessary assistance.

14.2 Other Users. Users of the Services are individually responsible for their User Content and any Third-Party Materials they encounter. We do not have control over such content and cannot guarantee its accuracy or quality. Interactions with other users, including dispensaries, are solely your responsibility, and we are not liable for any resulting loss or damage. We are not obligated to intervene in any disputes between users.

14.3 Deals. The Services may feature Deals from listed dispensaries, which are considered Third-Party Materials. These Deals are provided directly by the dispensaries and may have additional terms and conditions set by the dispensary or applicable laws. The dispensaries are solely responsible for redeeming the Deals, ensuring compliance, providing goods and services, and any associated liabilities or costs. TexasCannabis.org is not responsible for the Deals or any related issues.

14.4 Release. By accepting these Terms, you release TexasCannabis.org and its employees from any disputes, claims, or liabilities, past or future, that may arise from your interactions with other users or third parties, or from the use of Third-Party Materials.

14.5 Third Party Links and Frames. TexasCannabis.org may provide links to third-party websites. However, we do not make any representations or guarantees regarding these external websites. The presence of a link should not be construed as an endorsement by TexasCannabis.org of the linked website or its owner. We are not responsible for the privacy practices, terms and conditions, or content of these third-party websites. TexasCannabis.org strictly prohibits (i) framing any materials from this Site, and (ii) "deep linking" to pages other than the homepage. Unauthorized frames will be disabled, and we explicitly disclaim any responsibility for the content of linked websites.

15. DISCLAIMERS

The Services are provided without any guarantees or warranties, and the provider and its suppliers disclaim all warranties to the fullest extent permitted by law. The provider and its suppliers do not guarantee that the Services will meet your needs or be uninterrupted, timely, secure, error-free, accurate, reliable, free from harmful code, complete, legal, or safe.

16. LIMITATION ON LIABILITY

TexasCannabis.org and its suppliers are not liable for any lost profits or indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to these Terms or your use of the Services. You use the Services at your own risk and are responsible for any damage to your computer or loss of data. TexasCannabis.org’s liability is limited to the greater of $75 or the amount you have paid in the past 12 months. Multiple claims do not increase this limit.

17. TERM AND TERMINATION.

These Terms are valid while you use the Services. TexasCannabis.org can suspend your rights to use the Services or terminate these Terms at any time for any reason, including if you violate these Terms. If these Terms are terminated, your account and access to the Services will end immediately, and your User Content will be deleted. TexasCannabis.org is not liable for any termination of these Terms, including the termination of your account or deletion of your User Content.

18. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND FORUM SELECTION CLAUSE.

PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES THROUGH ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TexasCannabis.org.

The “Arbitration Agreement” section governs any disputes between you and TexasCannabis.org arising from these Terms. It applies to all Claims, even those occurring before you accepted these Terms. If a Claim arises, you must first try to resolve it informally. If it remains unresolved after 60 days, both parties agree to resolve it through binding arbitration conducted by a single arbitrator according to the American Arbitration Association’s rules for commercial arbitration. The FAA applies, and the arbitrator’s award may be entered in any court with jurisdiction. TexasCannabis.org can still seek injunctive or equitable relief in court for infringement or violation of its rights. You can still assert claims in small claims court on an individual basis. You waive the right to a jury trial and agree to bring Claims only in your individual capacity, not as part of a class or representative proceeding. The arbitrator can award the same damages and relief as a court, following these Terms.

18.1 Class action/jury trial waiver. All claims must be pursued individually, and not as part of a class action or representative proceeding. Both parties agree to resolve any claims through confidential arbitration, conducted by a single arbitrator in accordance with the American Arbitration Association (AAA) rules. TexasCannabis.org and the user waive the right to a jury trial and to participate in class actions or representative proceedings.

18.2 Pre-arbitration dispute resolution. Parties agree to attempt an informal resolution of disputes, and if unsuccessful, a written notice of dispute must be sent before initiating arbitration.

18.3 Confidentiality. All arbitration proceedings and awards shall remain strictly confidential.

18.4 Governing law and Award. The arbitrator shall follow the substantive law of the District of Columbia without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

19. PAYMENT

You are responsible for paying all fees associated with the services you request through TexasCannabis.org. When making a payment, you will be prompted to provide your payment details, including credit card information and any applicable promotional codes. By entering your payment information and submitting the request, you authorize TexasCannabis.org, its affiliates, or third-party payment processors to charge the amount owed.

Your payments to TexasCannabis.org may cover healthcare and pharmacy services provided by certain healthcare organizations or providers. However, any services not offered through TexasCannabis.org are not included in these payments, and you may receive separate bills from the relevant healthcare providers. If your credit card expires or payment processing fails, you may need to provide an alternative payment method. Healthcare services will be provided only once full payment has been received and verified by TexasCannabis.org and the healthcare organizations/providers.

20. REFUNDS

Refer to the Refund Policy for additional details.

21. APPLICABLE LAWS

TexasCannabis.org is a platform designed for qualified patients residing in the state of Texas, which has adopted legislation providing medical use of marijuana. By signing up for services, you further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You understand and accept full responsibility for complying with all applicable laws concerning the use, possession, cultivation, transportation, and distribution of medical cannabis.

All matters relating to your access and use of this Site shall be governed by the federal laws of the United States, the laws of the State of Texas, and the laws of the State of Texas (without reference to its conflict of laws principles). Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of the Site shall be in Bexar County, Texas if in state court and in the Western District of Texas in San Antonio, Texas if in Federal Court.

22. CHANGES TO TERMS OF USE

These terms and conditions were posted on the date set forth above. The Company reserves the right to change, alter or modify the Terms of Use for any reason at any time. When we do so, changes in the Terms of Use will be posted on our Site and will be effective immediately. If you are a regular visitor to this Site, we recommend that you check the Terms of Use on a regular basis.

23. CONTACT INFORMATION

Questions regarding the Terms of Use should be directed to admin@TexasCannabis.org

24. MONITORING

The Company reserves the right to review your non HIPAA-compliant communications on this Site to ensure compliance with our Terms of Use. TexasCannabis.org is not liable or responsible for the content of your communications or any errors or violations of laws or regulations on your part. The Company will cooperate with court orders requiring the disclosure of the identity of anyone posting communications on this Site. You should consult our Privacy Policy before posting any communications. When you engage in transactions with other entities providing content through this Site, their privacy policies also apply.

25. ASSIGNMENT AND NON-WAIVER

Your rights under these Terms of Use cannot be assigned, and any attempt to do so is invalid. TexasCannabis.org and its affiliates have the discretion to transfer their contractual rights and obligations under these Terms of Use without seeking additional consent or providing notification, in the event of a merger, asset sale, or other business transfer.

TexasCannabis.org's failure to enforce any term or condition in these Terms of Use does not waive that term or condition or any other term or condition. The company can still assert its rights and provisions under these Terms of Use, even if it has not done so previously.

26. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, it will still be enforced to the maximum extent permitted by law. The unenforceable part will be considered as removed from these Terms, but it will not affect the validity and enforceability of the remaining provisions.

27. ENFORCEABILITY

This provision remains in effect even after your account or relationship with TexasCannabis.org is terminated, in cases of bankruptcy, assignment, or transfer. If the class action waiver is found unenforceable, the entire arbitration provision becomes void and does not apply. If only a portion of the arbitration provision (excluding the class action waiver) is deemed unenforceable, the remaining parts of the provision remain valid and enforceable.

28. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted on the Website or in respect to the Website constitutes the entire agreement and understanding between you and TexasCannabis.org, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or attendant policies shall not be construed against the drafting party.