TERMS OF SERVICE
Posted on January 1, 2018
Last edit: November 17, 2018
Welcome to www.brightcircle.co and www.honestherb.co.
Honest Herb (“Honest Herb”) is a website and service which can be visited at www.honestherb.co and is owned, operated and provided by Bright Circle, Inc. (“Bright Circle”) which can be found online at www.brightcircle.co and has a physical office located at 1770 Post Street Suite 140 in San Francisco, CA 94115. Bright Circle provides recommendation services (collectively, the “Services”) to people (“Inquirers”) who seek opinion, information, advice or expertise on the medicinal and adult use of cannabis (“Cannabis”). Our website www.honestherb.co focuses on making strain-specific recommendations to Inquirers who are interested in learning about the use of Cannabis and Cannabis related topics. Honest Herb and Bright Circle provide Services and website features to you subject to the conditions outlined here.
Acceptance of Terms
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and those posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “Us”, or “Our” refer to Bright Circle and/or Honest Herb. In these Terms, unless otherwise required by the context, words in one gender include all genders and words in the singular also include the plural and vice-versa.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH EXPERTS OR TECHNOLOGY MAY BE AVAILABLE TO OFFER ONLINE OR OFFLINE INFORMATION, OPINION AND ADVICE TO INQUIRERS. YOU UNDERSTAND AND AGREE THAT BRIGHT CIRCLE AND HONEST HERB ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). WE HAVE NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
The Site, Application and Services are intended solely for persons who are 21 or older. Any access to or use of the Site, Application or Services by anyone under 21 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 21 or older and able to form legally binding contracts. You are also solely responsible for abiding by the laws applicable in your location and that you are of legal age in your state and/or country to accept these conditions.
“Collective Content” means Member Content, Bright Circle Content and Honest Herb Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Inquirer” means a Member who uses the Site, Application or Services to receive or access information and advice from the Site, Services or other Members.
“Member” means a person who visits www.callhonestherb.com or www.brightcircle.co; or uses Bright Circle or Honest and includes, without limitation, Inquirers.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, provides, or transmits to be made available through the Site, Application or Services, including custom strain reports, and product or use suggestions, recommendations, opinions, advice, information and questions.
We reserve the right, at our sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
How the Site, Application and Services Work
The Site is a platform for Members to connect in order to exchange and share information with other Members and to receive Services from Bright Circle and Honest Herb.
Bright Circle and Honest Herb’s role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as recommendation services and communication facilitation between Members. We do not provide and are not responsible for Member Content or any information or advice exchanged between Members, through Member content, via custom strain reports, via email, or otherwise. You acknowledge that Bright Circle and Honest Herb will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO OFFER SERVICES AND FACILITATE MEMBER INTERACTION. BRIGHT CIRCLE AND HONEST HERB CANNOT AND DO NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT BRIGHT CIRCLE AND HONEST HERB ARE NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.
General Financial Terms
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you agree that you may not and will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Honest Herb Member;
- recruit or otherwise solicit any other Member to join third party services or websites that are competitive to Honest Herb, without Honest Herb’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Honest Herb’s name, any Honest Herb or Bright Circle trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Honest Herb’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Honest Herb’s computer systems, or the technical delivery systems of Honest Herb’s providers;
- attempt to probe, scan, or test the vulnerability of any Honest Herb system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bright Circle, Honest Herb or any of Our providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Bright Circle and/or Honest Herb will have the right to investigate and seek prosecution of violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities that are prosecuting users who violate these Terms. You acknowledge that Bright Circle and Honest Herb have no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content or any communication between members, but have the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Bright Circle and Honest Herb reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content that We, at Our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Member submitted content:
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Members and visitors to the website may submit or post blog posts, reviews, comments, photos, videos and other content; including the submission of suggestions, ideas, comments, questions, feedback or other information, so long as the content abides by our Member Conduct requirements as outlined in these terms. Members may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Bright Circle and Honest Herb reserve the right (but not the obligation) to remove or edit such content.
By submitting content to Bright Circle or Honest Herb, you agree that we may use it and you agree that we are granted nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable rights to publish, use, reproduce, modify, translate, create derivative works from, distribute, and display that content throughout the world in any media of our choosing. By submitting content to us, you also grant Bright Circle and Honest Herb the right to use the name that you submit in connection with such content, if we choose. By submitting content to us, you represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bright Circle and Honest Herb for all claims resulting from content you provide.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by email at email@example.com or firstname.lastname@example.org.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Bright Circle and/or Honest Herb are 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 Bright Circle or Honest Herb 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.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Bright Circle and Honest Herb used herein are trademarks or registered trademarks of Bright Circle and/or Honest Herb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties, who may or may not be sponsored by, affiliated with or connected to Bright Circle or Honest Herb.
The Collective Content on the Site may be subject to copyright protection. Applicable copyrights are the proprietary property of Bright Circle, Inc., its users, its licensors, or other third parties with all rights reserved. Content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of Bright Circle, Inc..
You are granted a non-exclusive, non-transferable, limited license to access and display the Collective Content appearing on the Site for purposes of personal, non-commercial use of the Service only, and subject to these Terms of Service. You must retain all copyright, trademarks, and other intellectual property notices contained in Content. The foregoing license provided to you by Bright Circle, Inc. is subject to revocation at any time without notice and with or without cause. Any use of the Service other than specifically provided in these Terms of Service or as expressly granted by Bright Circle, Inc. is strictly prohibited and shall immediately terminate without notice any license granted herein.
Some Collective Content appearing on the Site, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by their own terms and conditions as may or may not be provided.
If, at Our request, you send certain specific submissions or if, without a request from us, you post to our Member forum or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant to Bright Circle, Inc. an unrestricted, irrevocable license to edit, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such comments without compensation or acknowledgment. For clarity, we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Bright Circle, Inc. acts solely as a technological intermediary between Members, pursuant to 47 U.S.C. § 230. Bright Circle, Inc. does not produce, provide or control Collective Content. We may, but have no obligation to, monitor, edit or remove comments or other Collective Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, we have no liability related to any comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BRIGHT CIRCLE, INC./HONEST HERB ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIGHT CIRCLE, INC./HONEST HERB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRIGHT CIRCLE, INC./HONEST HERB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRIGHT CIRCLE, INC./HONEST HERB DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BRIGHT CIRCLE, INC./HONEST HERB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BRIGHT CIRCLE, INC./HONEST HERB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
BRIGHT CIRCLE, INC./HONEST HERB IS NOT A DISPENSARY, CO-OP, CAREGIVER, MEDICAL FACILITY, DOCTOR AND/OR A LAW OFFICE. BRIGHT CIRCLE, INC./HONEST HERB DOES NOT HANDLE, SEE OR SELL MEDICAL CANNABIS. BRIGHT CIRCLE, INC./HONEST HERB IS STRICTLY AN INFORMATIONAL SITE.
PLEASE BE AWARE THAT POSSESSING, USING, DISTRIBUTING AND SELLING CANNABIS ARE ALL FEDERAL CRIMES AND THE ARTICLES, PAGES, LINKS, BLOGS OR ANY OTHER INFORMATION ON THIS SITE ARE NOT INTENDED TO ASSIST YOU IN VIOLATING FEDERAL LAW NOR WILL THEY IN ANY WAY ASSIST YOU IN COMPLYING WITH FEDERAL LAW.
ALL INFORMATION PROVIDED ON BRIGHT CIRCLE, INC./HONEST HERB’S WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. ALTHOUGH EVERY REASONABLE EFFORT IS MADE TO PRESENT CURRENT AND ACCURATE INFORMATION, BRIGHT CIRCLE, INC./HONEST HERB MAKES NO GUARANTEES OF ANY KIND AND CANNOT BE HELD LIABLE FOR ANY OUTDATED OR INCORRECT INFORMATION.
BRIGHT CIRCLE, INC./HONEST HERB’S WEBSITE MAY CONTAIN INFORMATION CREATED AND MAINTAINED BY A VARIETY OF EXTERNAL SOURCES, SUCH AS PATIENT’S PERSONAL REGIMENS AND SUCCESSES, AND OTHER OUTSIDE ENTITIES (I.E. MEDICAL CANNABIS INFORMATIONAL SITES, DOCTORS, NURSES AND OTHER MEDICAL PROFESSIONAL STUDIES AND BELIEFS) AND/OR OTHER INFORMATIONAL PROVIDERS.
ANY VIEWS EXPRESSED OR PRODUCTS OR SERVICES OFFERED THEREIN IN NO EVENT SHOULD BRIGHT CIRCLE, INC./HONEST HERB BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
HEALTH-RELATED TOPICS AND LEGAL INFORMATION FOUND ON ANY BRIGHT CIRCLE, INC./HONEST HERB’S PAGE OR AFFILIATE SITES SHOULD NOT BE USED FOR DIAGNOSING PURPOSES OR BE SUBSTITUTED FOR MEDICAL ADVICE OR LEGAL ADVICE. IT IS YOUR RESPONSIBILITY TO RESEARCH THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, SERVICES, AND OTHER INFORMATION FOUND ON THE SITE. BRIGHT CIRCLE, INC./HONEST HERB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENCE RESULTING DIRECTLY OR INDIRECTLY FOR ANY ACTION OR INACTION TAKEN BASED ON OR MADE IN RELIANCE ON THE INFORMATION, SERVICES, OR MATERIALS ON ANY BRIGHT CIRCLE, INC./HONEST HERB’S PAGE OR AFFILIATE SITES.
Health Information Disclaimer:
BRIGHT CIRCLE, INC./HONEST HERB COMMITS TO MAINTAINING THE PRIVACY OF PERSONAL INFORMATION SHARED BY INQUIRERS AND MEMBERS USING THE AFFILIATED SITES, BUT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS BRIGHT CIRCLE, INC./HONEST HERB BEING “COVERED ENTITIES” NOR “BUSINESS ASSOCIATES” AS THOSE TERMS ARE DEFINED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPPA”) OR REGULATIONS THEREUNDER. FURTHERMORE, BRIGHT CIRCLE, INC./HONEST HERB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE APPLICABILITY OF HIPAA AND ITS IMPLEMENTING PRIVACY AND SECURITY REGULATIONS TO THE INFORMATION SHARED ON THE SITES AND BRIGHT CIRCLE, INC./HONEST HERB HEREBY DISCLAIMS TO USERS THAT IT DOES NOT IMPLEMENT POLICIES AND PROCEDURES REQUIRED BY HIPAA.
THE ADVICE AND COUNSEL RENDERED BY BRIGHT CIRCLE, INC./HONEST HERB IN USE OF THIS SITE AND AFFILIATED SITES IS NOT PROVIDED BY LICENSED PHYSICIANS. THE RECOMMENDED TREATMENTS OR THERAPIES THAT MAY BE OFFERED TO MEMBERS ARE CONSIDERED “ALTERNATIVE” OR “COMPLEMENTARY” TO HEALING ART SERVICES LICENSED BY THE STATE OF CALIFORNIA. THE NATURE OF THE SERVICES PROVIDED BY BRIGHT CIRCLE, INC./HONEST HERB’S PLATFORM TO DELIVER ADVICE AND COUNSEL TO USERS OF THE SITE ARE NOT LICENSED BY THE STATE OF CALIFORNIA.
BRIGHT CIRCLE, INC./HONEST HERB ARE NOT ATTORNEYS AND NONE OF THEIR REPRESENTATIVES ARE ATTORNEYS. THE SITES MAINTAINED BY BRIGHT CIRCLE, INC./HONEST HERB ARE NOT INTENDED TO, AND DO NOT, REPRESENT LEGAL ADVICE RELATED TO THE FEDERAL OR STATE LAWS APPLICABLE TO CANNABIS WITHIN THE UNITED STATES OR THE LAWS OF OTHER COUNTRIES. OUR SITES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY AND WE DO NO WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE CONTENT ON THE SITE AS IT RELATES TO THE LAW. BRIGHT CIRCLE, INC./HONEST HERB RECOMMENDS THAT YOU CONSULT AN ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL IF YOU ARE SEEKING LEGAL ADVICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BRIGHT CIRCLE OR HONEST HERB WHETHER IN PERSON, BY EMAIL, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER BRIGHT CIRCLE, HONEST HERB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIGHT CIRCLE OR HONEST HERB HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BRIGHT CIRCLE OR HONEST HERB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SERVICES MADE VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRIGHT CIRCLE AND/OR HONEST HERB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold Bright Circle, Honest Herb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site, Application or Services, or (iii) creation of a Listing. We shall have the right to control all defense and settlement activities.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Bright Circle and you hereby irrevocably assign to Honest Herb and agree to irrevocably assign to Honest Herb all of your right, title, and interest in all Feedback.
If you feel any Member, employee, user or third party resource that you found via use of our Services is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Bright Circle.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and We agree to submit to the personal jurisdiction of a state court located in San Francisco, California for any actions for which the parties 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 party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between Bright Circle and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and Bright Circle agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Bright Circle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Bright Circle 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 these Terms.
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.
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 AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California 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 Bright Circle otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Honest Herb 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.
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. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Honest Herb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Honest Herb amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to: firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Honest Herb’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 Honest Herb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Honest Herb and you regarding the Site, Application, Services, and Collective Content , and these Terms supersede and replace any and all prior oral or written understandings or agreements between Honest Herb and you regarding the same.
The failure of Bright Circle or Honest Herb 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 Bright Circle or Honest Herb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Bright Circle and/or Honest Herb at:
1770 Post Street Suite 140 in San Francisco, CA 94115