Last updated: 05/07/2020
TERMS & CONDITIONS
This Terms & Conditions Agreement (the "Agreement" or “Terms & Conditions”) describe the terms and conditions applicable to your use of the Platform. This Agreement may be modified at any time by TreeHub upon posting of the modified Agreement on the Site. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.treehubapp.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. The Platform.
The Platform connects third party Vendors (dispensaries, delivery service companies, storefront establishments, and other businesses) to individuals. Apart from a Vendor’s listing on the Platform, TreeHub does not have any business affiliation with Vendors. TreeHub is not a vendor on the Platform and is not liable or responsible for a Vendor’s compliance with applicable federal, state or local laws, rules and regulations pertaining to its business.
All content included on the Platform is and shall continue to be the property of TreeHub or its content suppliers and is protected under applicable copyright, patent,trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Platform is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Platform. Any trademarks, logos, service marks, company or product names displayed on the Platform are trademarks of either TreeHub or third parties and you have no right or license to use these without authorization from such parties. All rights not expressly granted by TreeHub in this Agreement are expressly reserved.
4. Intended Audience.
The Platform is intended for adults only. By agreeing to these Terms & Conditions, you represent and warrant to TreeHub: (1) that you are at least 21 years of age, (2) that your use of the Platform is in compliance with any and all applicable state and/or local laws and regulations.
5. Use of Platform.
TreeHub grants you a limited, revocable, nonexclusive license to use the Platform solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Platform, reverse engineer or break into the Platform, or use materials, products or services in violation of any law. The use of the Platform is at the discretion of TreeHub and it may terminate your use of the Site or the App at any time.
6. Limitation of Liability.
BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS. ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR YOUR USE OF THE PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION. UNDER THESE TERMS & CONDITIONS YOU ARE WAIVING YOUR RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION OR LITIGATE THESE TERMS & CONDITIONS. TREEHUB DOES NOT GUARANTEE THE QUALITY, SAFETY OR EFFICACY OF THE VENDORS’ PRODUCTS. TREEHUB DOES NOT INDEPENDENTLY VERIFY THE ACCURACY OF THE REPRESENTATIONS MADE BY A VENDOR REGARDING ITS PRODUCTS. TREEHUB IS NOT LIABLE FOR REPRESENTATIONS MADE BY A VENDOR REGARDING ITS PRODUCTS.
7. Third Parties.
Your use of the Platform may be subject to an independent terms & conditions service agreement and fees, including your mobile network operators’s terms & conditions of service and fees. All third party fees are your sole responsibility.
8. User Account.
You are responsible for all activity that occurs under your User Account (“Account”). You agree to keep your username and password confidential at all times. Your use of the Platform is limited to your personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to another individual or entity. TreeHub expressly disclaims any liability arising from the unauthorized use of your Account. “User data” shall mean all personal information provided to TreeHub upon account registration, as well as information collected through your use of the Platform.
9. Scope of License.
The Platform is licensed to you for use under this Agreement. TreeHub reserves all rights not expressly granted to you. Subject to your ongoing compliance with these Terms & Conditions, TreeHub hereby grants you a personal, limited, non-sublicensable, non-transferable and revocable license to access the Platform on compatible devices that you own or control, solely for your own personal, non-commercial use and only in a manner that complies with all legal requirements that are applicable to you or your use of the Platform. In its sole discretion, TreeHub may revoke this license at any time. You may not rent, lease, lend, sell, redistribute or sub-license the App or the Site. If you breach any of these license restrictions or otherwise exceed the scope of the license granted to you, you may be subject to legal damages as well as liability for infringement of intellectual property rights.
10. Payment Terms.
All transactions that occur on the Platform take place between you and the Vendor. TreeHub will never accept payment through the Platform from you. Therefore, TreeHub cannot offer refunds or accept returns or exchanges of any of the Products that you receive from a Vendor. You understand that TreeHub only receives service fees from Vendors to be listed on the Platform. You understand that Vendors’ prices and the menu items displayed on the Platform may differ from the prices offered or published by the Vendors for the same Product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for the Products or menu items displayed through the Platform may be an estimate of the actual sale price.
11. Third Party Liability.
You understand that you will use the Platform to purchase the Products from Vendors, not from TreeHub. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable Vendor. TreeHub shall have no liability, obligation or responsibility for any purchase or transaction between you and a Vendor. TreeHub shall not be responsible for any content, Products, services or other materials on or available from a Vendor or offered for sale on its website. TreeHub disclaims any and all liability arising from your agreement with the Vendor.
12. Use of the Platform.
To use the Platform: (i) you agree that the Platform contains proprietary content, information and material that is protected by applicable intellectual property and other laws; (ii) you will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights, or otherwise engage in the unauthorized use of any proprietary content, information or materials; (iii) you agree not to alter, modify, create derivative works of, sell, license or any way exploit any part of the Platform, unless expressly permitted. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Platform without prior written authorization from TreeHub; (iv) you agree not to bypass any security or other features of the Platform designed to control the manner in which the Platform is used, mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with individual use; (v) you agree not to perform any fraudulent activity while using the Platform, such as accessing another TreeHub account, without permission; (vi) you agree not to decipher, reverse engineer or disassemble the Platform, in whole or in part, or direct a third party to do so; (vii) you agree not to utilize framing techniques on any part of the Platform to enclose the Platform, or any portion thereof, without TreeHub’s prior authorization; (viii) you agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by TreeHub to access the Platform and extract data; (ix) you agree not to access, tamper with, or use non-public areas of the Platform, or TreeHub’s computer systems and infrastructure; (x) you agree not to use the Platform to design or develop a competitive or substantially similar platform; (xi) you agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party. You agree that TreeHub is not in any way liable for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform; (xii) you agree that use of the Platform may incur third party fees and may be subject to third party terms and conditions of service and fees and you agree to abide by such terms and conditions of service and pay all associated fees; and (xiii) you agree not to introduce viruses or other harmful code into the Platform.
By consenting to being contacted, you understand and agree that you may receive communications sent by or on behalf of TreeHub, and/or Vendors (or their agents), including but not limited to: operational or transactional communications concerning your Account or use of the Platform; updates concerning new or existing features of the Platform; communications concerning promotions offered by TreeHub. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.
14. Confidential Information.
You agree not to use, disclose or permit disclosure of: (i) any technical, financial, strategic and any other proprietary and confidential information; (ii) the technical, financial, strategic and other confidential information or data related to the business, operations or properties of a participating Vendor; (iii) the user data, PII or any other informatio nor data related to any non-public information of TreeHub or other third parties. Collectively, (i),(ii) and (iii) are referred to herein as “confidential information”. You agree that all confidential information shall remain the exclusive property of the disclosing party. Confidential information shall not include any information to the extent it: (i) is or becomes part of the public domain at a time it is intentionally disclosed by TreeHub or has entered the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to limit such required disclosure.
15. User Privacy.
You are responsible for your use of the Platform, and you agree to defend, indemnify and hold harmless TreeHub and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against any claim, liability, damage, loss and expense, including reasonable attorneys’ fees and costs arising out of or in any way connected with: (i) your violation of any of these terms, any representation, warranty or agreement in these Terms & Conditions, or any applicable law or regulation; (ii) your violation of any third party rights including any intellectual property right or publicity, confidentiality, other property or privacy right; or (iii) any dispute or issue between you and any third party. TreeHub reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with TreeHub’s defense of that claim. If the defense or settlement is assumed by you, TreeHub may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without TreeHub’s prior written consent.
17. Dispute Resolution.
You and TreeHub agree that any dispute, claim or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a parties’ copyrights, trademarks, trade secrets, patents or other intellectual property rights. Further, unless both you and TreeHub 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 section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these Terms & Conditions. The Federal Arbitration Act will govern the interpretation and enforcement of this section. 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 which are then in effect. Arbitration must be initiated by a party pursuant to AAA rules, which can be found at www.adr.org will govern how to initiate arbitration proceedings. A single arbitrator will render an award or judgment within the time frame specified in the AAA rules. Judgement on the arbitration award may be entered in any court which has jurisdiction. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. A party’s responsibility to pay filing, administrative and arbitrator fees will be set forth in the AAA rules. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TREEHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
18. Disclaimer Of Warranties.
TREEHUB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE TREEHUB PLATFORM. TREEHUB DOES NOT REPRESENT OR WARRANT THAT: (i) THE USE OF THE TREEHUB PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (ii) THE TREEHUB PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TREEHUB PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (v) ERRORS OR DEFECTS IN THE TREEHUB PLATFORM WILL BE CORRECTED, OR (vi) THE TREEHUB NETWORK OR OTHER ASPECTS OF THE TREEHUB PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TREEHUB PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TREEHUB. TREEHUB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE PLATFORM. IN NO EVENT SHALL TREEHUB, INCLUDING ITS LICENSORS, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TREEHUB” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). TREEHUB SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TREEHUB PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE TREEHUB PLATFORM, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, RETAILER, BRAND, SPONSOR, OR OTHER THIRD PARTY PROVIDER WHOSE ADVERTISING APPEARS ON THE TREEHUB PLATFORM OR IS REFERRED THROUGH THE TREEHUB PLATFORM, EVEN IF TREEHUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TREEHUB MAY INTRODUCE YOU TO RETAILERS, BRANDS OR OTHER VENDORS ON THE PLATFORM, TREEHUB WILL NOT ASSESS OR GUARANTEE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY RETAILER, BRAND,, OR VENDOR AND YOU EXPRESSLY WAIVE AND RELEASE TREEHUB FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH VENDORS OR THIRD PARTIES. TREEHUB WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTIES. TREEHUB CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND A THIRD PARTY, INCLUDING VENDORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE TREEHUB PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU.
19. Relationship between You and TreeHub.
No joint venture, partnership, employment, or agency relationship exists between you, TreeHub, or any third party as a result of this Agreement or your use of the Platform.
If any provision of the Agreement is held to be invalid or unenforceable, you and TreeHub agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. The failure of TreeHub to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TreeHub in writing.
21. Entire Agreement.
This Agreement constitutes the entire agreement between you and TreeHub and governs your use of the Platform, superseding any prior agreements between you and TreeHub. This Agreement and the relationship between you and TreeHub shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. In the event that either you or TreeHub commence a court action, any such action shall be brought exclusively in the state or federal courts located in the District of Columbia, and you and TreeHub both submit to personal jurisdiction there.
The section titles or headings in this Agreement are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.