Dutchy Terms of Use

TERMS OF USE

Last updated on September 20, 2019

The website located at www.dutchycannabis.com (the “Site”) is a copyrighted work belonging to DB One LLC, and Docklight Brands, Inc., as applicable (“DB ONE” “us,” “our,” or “we”). DB ONE provides resources related to Hemp and Industrial Hemp derived CBD and related products, which include descriptions of products and hemp-related blog content (collectively, with all other services provided through the Site, the “Services”). Please read the following Terms of Use (“Terms”) carefully before using the Site or participating in any of the Services offered thereon.

By accessing or using our Site or Services, you are entering into a legal contract with us regarding your use of the Site and Services. You agree to be bound by these Terms and all additional terms incorporated by reference and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree to any portion of these Terms, do not access or otherwise use the Site or Services.  

1.      Limited License. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Site and Services for your personal, non-commercial use. The Site and Services are provided to you as a convenience and for informational purposes.  By providing you access to and use of the Site and Services, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Site (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Site and Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Site is or will be accurate or complete.

 

2.      Ownership. You acknowledge that the ownership of the Site, Content, and all rights therein remain with DB ONE. We reserve all rights not granted in these Terms. You may view, copy, or print a single copy of any page from the Site for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, or other Content from the Site without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Site may be included elsewhere in the Site and are incorporated into these Terms by reference.

 

3.      Restrictions on Your Use. The rights granted to you in these Terms are subject to the following restrictions. You may not (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Site, or disassemble the Site, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Site, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; (v) attempt to gain unauthorized access to or impair any aspect of the Site, or the related systems, servers, or networks; (vi) use the Site to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the Site or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity. 

 

4.      Intellectual Property. The Content of the Site is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright, patent, trademark, and trade secret, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Site. All trademarks and service marks of DB ONE that may be referred to on the Site are the property of DB ONE or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.  

 

5.      Products and Information. The products displayed on the Site and Services are only available within the U.S.  All material and information presented by is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any information received from the Site and Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions.

 

6.      Privacy. By using our Site and Services, you agree to be bound by our Privacy Statement www.dutchycannabis.com/privacy-policy incorporated herein by reference. If you do not agree to the Privacy Policy, you may not access or use the Site or Services.

 

7.      Social Media. Our Site may provide links to officially monitored and curated DB ONE social media channels. Your use of these linked social media channels is subject to these Terms, as well as the terms of use of the social platform from which you access official channels. DB ONE reserves all rights relating to our social media channels, including, but not limited to, (i) adding, removing, or modifying any content; (ii) blocking harassing or disruptive users; or (iii) discontinuing any use of our social media channels at any time. We do not warrant that the information on these social media channels is complete, reliable, useful, or otherwise accurate.

 

8.      Electronic Communications. By using the Site, you consent to receive electronic communications from us unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.  

 

9.      Disclaimer of Warranties.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NEITHER DB ONE NOR ANY PERSON ASSOCIATED WITH DB ONE WARRANTS ANY CONTENT ON THE SITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SITE, THE CONTENT, OR ANY SERVICES WILL BE AVAILABLE AND REMAIN FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, SUCH AS WORMS OR TROJANS, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL REMAIN UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SERVICE OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OR VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

10.   Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DB ONE NOR ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY A VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER DURING USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. UNLESS DB ONE OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF DB ONE, DB ONE’S ENTIRE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF THE SITE AND SERVICES WILL BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID DB ONE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

 

11.   Indemnification. You agree to defend, indemnify, and hold harmless DB ONE and its suppliers, directors, officers, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use or misuse of the Site or Services, (ii) your violation or breach of your obligations under these Terms; or (iii) your violation of applicable laws or regulations. DB ONE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DB ONE. You will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

12.   Release. You hereby release and forever discharge (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

13.   Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause. Except for disputes brought in small claims court, all disputes between you and DB ONE arising out of, relating to, or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND DB ONE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms to the contrary, we agree that if DB ONE makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to DB ONE. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in King County, Washington. You hereby accept the exclusive jurisdiction of such court for this purpose. These Terms are governed by the laws of the State of Washington without regard to conflict of law provisions.

 

a.      Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@dutchycannabis.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 23 below.

 

b.     Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

c.      Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Section 13 (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section 23 below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Section 13 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

14.   Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Site. If you are accessing the Site on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and any updates thereto. We do not guarantee that the Site, or any portion thereof, will function on any particular hardware or devices. In addition, all Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

15.   Copyright. DB ONE respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

A.    your physical or electronic signature;

B.     identification of the copyrighted work(s) claim to have been infringed;

C.     identification of the material on our Site that you claim is infringing and that you request us to remove;

D.    sufficient information to permit us to locate such material;

E.     your address, telephone number, and e-mail address;

F.     a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

G.    a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for DB ONE is:

Legal Department

DB One, LLC

2701 Eastlake Ave E, Third Floor

Seattle, Washington 98102

legal@docklightbrands.com

 

16.   Third Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as (collectively, “Third Party Materials”). You acknowledge and agree that DB ONE is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. DB ONE does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

 

17.   Termination. These Terms will remain in full force and effect while you use the Site or Services. We, in our sole discretion, have the right to terminate, restrict, or suspend your access to the Site and Services for any reason, including, but not limited to, violation of these Terms.  Upon termination, your right to access and use of the Site and Services will terminate immediately. You agree that any termination of your ability to access the Site or use of the Services may be done without prior notice. DB ONE shall not be liable to you or any third party for any termination of your access to the Site or Services. Your obligations under these Terms survive termination of your use of or access to the Site or Services.   

 

18.   Children. The Site and Services are not intended or designed for children under the age of eighteen (18).  You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

 

19.   Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that DB ONE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. We will update the Site with any changes to these Terms, and you are encouraged to review these Terms frequently. Your continued access or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.

 

20.   Local Laws.  We make no representation that any Content on the Site are appropriate or available for use in jurisdictions that are outside the United States.  Access to the Site from jurisdictions where such access is illegal is prohibited.  If you choose to access the Site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. 

 

21.   Governing Law. These Terms will be governed by the laws of the State of Washington, without giving effect to any principles of conflicts of laws.

 

22.   Miscellaneous. These Terms constitute the entire Terms between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Terms is, for any reason, held to be invalid or unenforceable, the other provisions of this Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and. This Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without DB ONE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Terms shall be binding upon assignees.

 

23.   Questions

Questions or concerns should be directed to:

www.dutchy.com
2701 Eastlake Ave E
Seattle, Washington 98102
info@dutchycannabis.com