Terms of Use

Last updated: February 26, 2020

Welcome to HomebakedCannabis.com. Please note that this site features content about cannabis and other related substances that are illegal under federal law as well as under state law in certain states. All content on this site is for educational and entertainment purposes only.

The information provided by Home-Baked (“I” or “me”) on https://www.homebakedcannabis.com (the “Site”) is for general informational and entertainment purposes only. All information on the Site is provided in good faith, however, I make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. These recipes have not been evaluated by the Food and Drug Administration. These recipes are not intended to diagnose, treat, cure, or prevent any disease. 

UNDER NO CIRCUMSTANCE SHALL I HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK. 

Caution: Cannabis is still in its early days, too soon yet for published and peer-reviewed scientific studies and information to be readily available to the public. Keep in mind, some herbal products contain phytochemicals that are not ordinarily found in typical food sources, which may produce a powerful physiologic effect, therefore indiscriminate use of any herbal product is not recommended except under the direction of a trained health care professional. In addition to the phytochemical effect, there may be interactions that may produce unexpected reactions or interfere with the efficacy of prescription medication. However, no one, not one single person in all of cannabis-use, dating back to the dawn of recorded human civilization, has ever died from cannabis consumption. Remember to breathe, hydrate, and find a safe place to let time pass. It is only a matter of time, if you or a friend has accidentally over-consumed, until the effects of consuming cannabis wears off. All the same, proceed at your own risk and do not break the law of your local governance in doing so.

PRIVACY NOTICE:
This blog allows third-party companies to serve ads and/or collect certain anonymous information when you visit this site.  These companies may use non-personally identifiable information (e.g. click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you.  These companies typically use a cookie or third party web beacon to collect this information.  To learn more about this behavioral advertising practice, visit the NAI at http://www.networkadvertising.org.  To opt-out of this type of advertising, you can visit http://www.aboutads.info/choices.

EXTERNAL LINKS DISCLAIMER:
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness.

I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD­-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. I WILL NOT/CAN NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD­-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

I may be compensated to provide opinion on products, services, websites, and various other topics. Even if I receive compensation for posts or advertisements, I will always give honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are and will be purely my own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

This blog abides by word-of-mouth marketing standards. I believe in honesty of relationship, opinion, and identity. Any and all content, advertising space, or sponsored post will be clearly identified as “paid or sponsored” content.

This blog does not contain any content which might present a conflict of interest.

PROFESSIONAL DISCLAIMER:
The Site can not and does not contain medical or mental health advice. Any health information loosely referred to is provided for general informational and entertainment purposes only and is not in any way a substitute for professional advice. Accordingly, before taking any actions based upon such information, I encourage you to consult with appropriate healthcare professionals. I do not provide any kind of medical or mental health advice, and any anecdotes based on personal experience I may relate are not to be taken or replace that of a trained health professional. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

HomebakedCannabis.com, including all features and content (collectively, the “Website”) are made available by Jo O’Boyle or affiliates (“HomebakedCannabis.com”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content”) may be used solely under the following legally binding terms and conditions of use (“Terms of Use”). Your use of the Website and the services offered therein (collectively, the “Service”) constitutes your acceptance of these Terms of Use, as may be amended from time to time. If HomebakedCannabis.com makes a material change or amendment to these Terms of Use, it will notify you by posting a notice on the Website, which amendment will be effective automatically upon the posting of such notice. You are responsible for regularly reviewing these Terms of Use. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR THE SERVICE.

In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with HomebakedCannabis.com in connection therewith.

Notwithstanding the mobile application platform or other website, service or entity through which you access the Website and the Service, these Terms of Use are between you and HomebakedCannabis.com only, and not with any such platform, device provider, wireless carrier, venue or any other third party. You will use the Website and the Service in compliance with any applicable laws, rules, and regulations.

Website Limited License:
1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. HomebakedCannabis.com may terminate this license, or change, suspend or discontinue any aspect of the Website or the Service at any time for any reason. In addition, HomebakedCannabis.com makes no representation or warranty that particular Content will be available (or will continue to be available) any particular time to access the Website or the Service, and HomebakedCannabis.com is under no obligation to undergo an update of the Website or the Service to the extent any material, content and/or features contained therein or related thereto is out of date. This license terminates automatically upon any unauthorized use.

1.2 Certain features and areas of the Website may require you to register, create an account and become a Member of the Website (each, a “Member”). In order to register, you will be required to provide certain registration information (which may include a phone number, email address, mailing address, and potentially other uniquely identifying information) (collectively, “Registration Data”). You agree that this Registration Data will be true, accurate, complete, and current at all times. Registration Data and certain other information about you are subject to HomebakedCannabis.com’s Privacy Policy (described in more detail below). You agree not to: (i) share your Registration Data with any other person; (ii) knowingly use the name, identity or email of any other person to become a Member or in connection with your use of the Website or the Service without authorization; (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate; or (iv) allow any third party to use your login information. You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your Member account and Registration Data and for all activities that occur under your Member account, including, without limitation, any transactions made through your Member account, even if such activities were not committed or authorized by you. You shall promptly notify HomebakedCannabis.com of any breach of security by email to legal@homebakedcannabis.com.

1.3 HomebakedCannabis.com reserves the right, in its sole discretion, to disable or terminate your Member account and refuse any and all future use of the Website and or the Service, if HomebakedCannabis.com learns, or if HomebakedCannabis.com has reasonable grounds to suspect, that you have provided HomebakedCannabis.com with false, infringing or misleading information, or information not otherwise permitted in accordance with these Terms of Use, or if you or someone else uses your Member account to engage in activity that violates these Terms of Use or is otherwise improper or illegal.

Fees and Payments:
2.1 The Website enables you to purchase certain goods and services. When you provide any payment information in connection with any purchase, you represent that you are the owner or authorized user of such payment information. You may be directed to a third party website in order to make a purchase. These Terms of Use will not apply to your use of any third party website or to your purchase of those goods and services and you agree to comply with any terms of use of such third party website in full. Therefore, please review the terms governing your use of those third party websites and your purchases thereon.

Limitations on Use; Third Party Communications:
3.1. Limitations on Use. Unless otherwise agreed by you and HomebakedCannabis.com in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use, the Website or the Service (e.g., posting articles to Pinterest, Twitter, etc.), you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of HomebakedCannabis.com. You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.

3.2. Third Party Communications. HomebakedCannabis.com disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. HomebakedCannabis.com assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content (e.g., advertising, forums, etc.).

3.3. THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS IS NOT INTENDED, AND SHALL NOT BE CONSTRUED, TO: (I) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; OR (II) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION.

Intellectual Property Rights:
4.1 You acknowledge and agree that HomebakedCannabis.com and/or its author retains all right, title and interest in and to the Website and the Service, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Service IP”). You agree not to use any Service IP in any way other than within the terms of the License granted herein. Company reserves all ownership or other rights in the Website, the Service and the Content not specifically licensed under these Terms of Use.

4.2 This Website may contain certain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, and question and answer features (the “Interactive Areas”). You hereby grant to HomebakedCannabis.com an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Website. Said license is without restrictions of any kind and without any payment, permission or notification due from HomebakedCannabis.com to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.

4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to HomebakedCannabis.com a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms of Use and (ii) do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.

4.4. By submitting Postings to this Website, you acknowledge and agree that HomebakedCannabis.com may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against HomebakedCannabis.com for any alleged or actual infringement or misappropriation of any proprietary or other rights in or related to the Postings you provide to HomebakedCannabis.com.

Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement:

HomebakedCannabis.com has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. HomebakedCannabis.com reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. HomebakedCannabis.com will terminate, in appropriate circumstances, Members who are repeat infringers of another person’s copyright. Notices to HomebakedCannabis.com regarding any alleged copyright infringement should be directed to HomebakedCannabis.com via email at: DMCA@homebakedcannabis.com.

5.1 Filing a DMCA Notice to Remove Copyright – Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Website the material that you claim is infringing may be found, sufficient for HomebakedCannabis.com to locate the material (e.g., the URL);
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature.

5.2 Filing a DMCA Counter – Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide HomebakedCannabis.com with a written counter-notification containing the following information:

  • Your name, address, and telephone number;
  • A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which HomebakedCannabis.com may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
  • Your electronic or physical signature.

Linking to this Website: You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, advertisements, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by HomebakedCannabis.com and (c) HomebakedCannabis.com may deactivate any link(s) at its sole discretion.

No Solicitation: You shall not distribute on or through this Website any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of HomebakedCannabis.com.

Advertisers: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. HomebakedCannabis.com will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Postings in Interactive Areas of this Website:
9.1. Postings to be Lawful. If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. HomebakedCannabis.com may delete your Postings at any time for any reason or no reason without permission from you.

9.2. Postings shall not contain protected healthcare information or legal advice. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You may not submit any Posting that contains legal or healthcare advice. You are also strictly prohibited from providing HomebakedCannabis.com with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should HomebakedCannabis.com discover that you have done so, HomebakedCannabis.com will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate HomebakedCannabis.com to actively screen the information that you provide.

9.3. No Monitoring of Postings. HomebakedCannabis.com has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. HomebakedCannabis.com however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.

9.4. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any commercial or otherwise unauthorized use of the Interactive Areas of this Website, its Content, or Postings is expressly prohibited.

9.5. You shall be solely responsible for all interactions with other users of the Website. In your interactions with other users (including, but not limited to: messages, emails, and forum comments), you agree to conduct yourself civilly and respectfully. While using the Website and Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website and Service. While HomebakedCannabis.com makes commercially reasonable efforts to ensure that Website and Service fosters a safe and positive environment for its users, you hereby acknowledge and agree that HomebakedCannabis.com does not actively monitor or police the interactions between users of the Website and Service (and has no obligation to do so) and you hereby disclaim HomebakedCannabis.com from and against any and all liability resulting from a user’s interaction with or conduct towards any other user. Notwithstanding the foregoing, HomebakedCannabis.com reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny access to the Website and Service to any infringing party.

Errors and Corrections: HomebakedCannabis.com does not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. HomebakedCannabis.com does not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. HomebakedCannabis.com may make improvements and/or changes to its features, functionality, Content or Postings at any time.

Third-Party Content: Third-party content (including, without limitation, Postings) may appear on the Website or may be accessible via links from the Website. HomebakedCannabis.com shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of HomebakedCannabis.com. Further, information and opinions provided by employees and agents of HomebakedCannabis.com in Interactive Areas are not necessarily endorsed by HomebakedCannabis.com and do not necessarily represent the beliefs and opinions of HomebakedCannabis.com.

Assumption of Risk: Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.

DISCLAIMER: UNLESS PROHIBITED BY LAW, THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND HOMEBAKEDCANNABIS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, HOMEBAKEDCANNABIS.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

UNLESS PROHIBITED BY LAW, HOMEBAKEDCANNABIS.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL SOLELY BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER.

IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE WEBSITE OR SERVICE, NOTE THAT HOMEBAKEDCANNABIS.COM HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.

LIMITATION OF LIABILITY: UNLESS PROHIBITED BY LAW, HOMEBAKEDCANNABIS.COM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, HOMEBAKEDCANNABIS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, HOMEBAKEDCANNABIS.COM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

UNLESS PROHIBITED BY LAW, YOU AGREE THAT HOMEBAKEDCANNABIS.COM IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THIS AGREEMENT.

YOU AND HOMEBAKEDCANNABIS.COM AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF HOMEBAKEDCANNABIS.COM AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification: You agree to indemnify, defend and hold harmless HomebakedCannabis.com, it’s present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false, infringing or misleading information that you submit to HomebakedCannabis.com. Notwithstanding the foregoing, you shall not be obligated to indemnify HomebakedCannabis.com for any act or omission of HomebakedCannabis.com that constitutes negligence or breach of a duty imposed on HomebakedCannabis.com by applicable law.

Third-Party Rights: The provisions of paragraphs 13 (Disclaimer), 14 (Limitation of Liability) and 15 (Indemnification) are for the benefit of HomebakedCannabis.com and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Termination of Access: HomebakedCannabis.com reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action HomebakedCannabis.com deems appropriate. HomebakedCannabis.com may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.

Remedies for Violations: HomebakedCannabis.com reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other HomebakedCannabis.com websites and their features.

Governing Law and Jurisdiction: The Terms of Use are governed by and construed in accordance with the internal law of the State of Washington without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of Washington in King County and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Severability of Provisions: These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.