The Plug List
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Last Changes to Terms of Service: 11/17/2022
The following terms and conditions (“Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Plug List LLC (collectively, “The Plug List” or “we” or “us” or “our”), governing your access to and use of the www.pluglist.com website, as well as any other media form, media channel, mobile application (“Mobile App”) or mobile website related or connected thereto (collectively, the “Site”). By visiting our Site, you engage in our “Services” and agree to be bound by these Terms of Service. Supplemental terms and conditions that may be posted on the Site from time to time are hereby expressly incorporated into these Terms of Service by reference.
Please read these Terms of Service carefully before accessing or using our Site. By accessing, browsing, or otherwise using the Site, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced or linked herein. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least 21 years old, and that your use of the Site or Services does not violate any applicable law or regulation, except, as discussed below, federal laws related to marijuana. Any use of the Site or Services by persons under the age of 21 is strictly prohibited.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT THE PLUG LIST MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.
On our Site, we provide information about certain products but do not offer any products for sale. Our Site may collect information about a user’s experiences and preferences related to the consumption of marijuana or marijuana products. You acknowledge that, to the extent it pertains to marijuana, The Plug List may only be used by residents of states and localities with laws authorizing and/or regulating the medical or recreational use of marijuana, and only to the extent permitted by such laws. Marijuana is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating marijuana, and that the interstate transportation of marijuana is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO MARIJUANA IS AT YOUR OWN RISK.
Our Site may also collect information about a user’s experiences and preferences related to the consumption of hemp or hemp products. Information on hemp products presented by the Site, Mobile App, or Services is not for the purpose of diagnosis, treatment, cure, mitigation, or prevention of any disease. Statements made on third-party product labeling and advertising, including linked websites and product images, do not represent the positions, opinions, or statements of The Plug List. You should consult with your healthcare provider prior to using any such products. Any statements made about products on the Site have not been evaluated by the U.S. Food and Drug Administration and are solely the responsibility of the products’ third-party marketers.
By using the Site, you acknowledge the information contained in these Terms of Service and the information provided on the Site were developed for informational and educational purposes only. In no way is any of the information contained in these Terms of Service, elsewhere on the Site, or on social media pages or channels intended to be a medical or prescriptive guide or a substitute for informed medical advice, diagnosis, treatment, or care, and it is not intended to cover potential uses, directions, precautions, or adverse effects. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site. You and any other user of any product on the Site are solely responsible for the use of such product and the consequences of such use. Any illegal use or resale of any products listed on the Site could subject you to fines, penalties and/or imprisonment under state and federal law.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTION 12 OR ELSEWHERE IN THESE TERMS OF SERVICE.
REGISTRATION AND USER INFORMATION
As stated above, in creating a User Account, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You agree that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You may not use the User Account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your User Account, username, or password.
You agree that you will not create more than one User Account. By registering and obtaining a User Account you affirm you will follow the Terms of Service and your registration constitutes your consent to enter into agreements with us electronically.
We shall not be liable for any loss that you incur as a result of someone else’s using your User Account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account, username, or password.
We reserve the right to terminate your User Account or to refuse Services to you, without prior notice to you, at any time and for any or no reason.
The content on the Site (“Content”), including all trademarks and all logos contained therein, are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes, without limitation, all source code, databases, functionality, software, mobile applications, website designs, audio, video, text, photographs, and graphics. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours or our partners. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and Content
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.
MOBILE APPLICATION PLATFORMS
The availability of our Mobile App is dependent on the third-party mobile application platform (“Mobile App Platform”) from which you received and downloaded the Mobile App. The agreement set forth in these Terms of Service is between you and The Plug List and not with the Mobile App Platform. The Plug List is solely responsible for the Site and Services, including the Mobile App, including all content, maintenance, support services, and claims relating thereto. You agree to pay all fees, if any, charged by the Mobile App Platform in connection with your download and/or use of the Mobile App. You may be required to agree to each Mobile App Platform’s own terms and conditions prior to downloading the Mobile App, and your ability to utilize a Mobile App may be conditioned upon your compliance with such terms and conditions. Any such Mobile App Platform may be considered a third-party beneficiary of the Terms of Service.
Certain Content and Services available via our Site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site.
You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion. Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or these Terms of Service.
Additionally, The Plug List’s collection and utilization of such User Content, including Product Usage Data such as ratings or reviews, does not constitute or imply The Plug List’s endorsement, recommendation, or favoring of any product, whether or not the product is included on the Site.
PUSH NOTIFICATIONS, TEXT MESSAGES, AND EMAILS
When you download our Mobile App on your mobile device, you agree and consent to receive push notifications from us on your mobile device. Push notifications are messages that the Mobile App sends to you on your mobile device (even when the Mobile App may not be open). You can turn off push notifications by going to your mobile device’s “Settings” menu and disabling the notifications.
If you create a User Account and provide us with your cell phone number, you agree and consent to receive certain text messages from The Plug List regarding the Site and Services. These text messages may relate to the Site’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by The Plug List. You will have the option to opt out of receiving text messages from The Plug List by replying “STOP” to any text message sent by The Plug List. After requesting to opt out, you may receive text messages from The Plug List for a brief time while your request is processed.
The Plug List text messages may be generated by automatic telephone dialing systems, and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against The Plug List that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with Sections 15 and 16 of these Terms of Service.
By providing us with your email address, you agree that we may send you emails concerning our Site and Services, as well information related to third parties. You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.
We reserve the right at any time to modify or discontinue the Site, the Services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site or Service. The Plug List does not have any obligation under these Terms of Service, excepted as otherwise expressly stated, to provide you with any support or maintenance in connection with the Site or Services.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information in the Site or Service or on any related website if it is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Site or Services or on any related website, except as required by law. No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site o