BudGab Terms of Service

Last Updated: December 15, 2020.

Welcome to BudGab. BudGab (“BudGab”, “we” or “us”) offers various services to you through our mobile applications (“Apps”) and our websites, including the website located (www.budgab.com), conditioned on your agreement to the following Terms of Service. Your use of the mobile applications constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service regularly.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE DISPUTE RESOLUTION SECTION WHICH CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES THAT YOU AND BudGab RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

We respect the privacy and security of our users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

Services

Subject to the terms and conditions of this Agreement, BudGab will provide you with access to the Services during the term of this Agreement. The “Service” includes any services provided to you through the mobile applications (“Apps”) or otherwise provided to you by BudGab.

Age Minimum

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the a authority and capacity to enter into and abide by the Terms of Service. BudGab reserves the right to determine a minimum age for any user and you agree that if you will not use or attempt to use the service unless you are of qualifying age.

Account Creation and Responsibility

By creating your BudGab account, you are agreeing to these terms. Each person is limited to one account. When you register for BudGab you must use your real name, not a pseudonym. Submitting inaccurate registration information, registering if you know you don’t meet the eligibility requirements or otherwise providing false information is a violation of this Agreement.

You are responsible for keeping your Account password secure and are fully responsible for all activities that occur under your Account.. If you believe your account has been compromised please immediately contact request@budgab.com. You agree (1) to not permit others to use or otherwise access you account and (2) not to use or otherwise access other User’s accounts; (3) not to violate the rights of BudGab, including intellectual property right s such as copyright or trademark rights; (4) to provide at your cost all equipment, software and internet access pessary to use the Service;(5) that we can download and install updates to the Service on your device; (6) that BudGab has no obligation to provide you with any support or maintenance in connection with the Services.

You may not use our Services if:

  1. you are a resident of the United States and are under 18 years old, or if you are a resident of the EU and are under 18 years old (or do not meet applicable age requirements to use social media services where you live);
  2. you are a registered sex offender or share a household with one;
  3. we previously disabled your account for violations of our terms or policies; or
  4. you are prohibited from receiving our Services or platform under applicable law. 

Please visit the Help Center for questions about setting up an account on BudGab.

Content and Feedback

You retain all ownership rights to the text, photos, video, responses and other content you submit to BudGab (collectively, your “Content”). You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your BudGab settings and the selections you make when posting and as otherwise described in our Privacy Policy.  You are free to share your content with anyone else, wherever you want.

We do not proactively moderate Content posted by users; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms.

You give us permission to use your name and profile picture, and information about actions you have taken on BudGab next to or in connection with ads, offers and other sponsored content we display in connection with our Services, with no additional compensation to you. 

We welcome you to share any feedback, suggestions, or ideas you have about BudGab with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you , and are under no obligation to keep them confidential.

To learn more about how to control or delete your content, visit the Help Center.

Removing content and/or Terminating Your Account



We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access) immediately to protect our Service, or if you create risk or legal exposure for us, violate these Terms of Use or our policies. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us.

If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.

Disclaimers and Acknowledgements

You expressly acknowledge and understand that cannabis is listed on Schedule I of the United States Controlled Substances Act. Under the laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You acknowledge that medical use is not recognized as a valid defense under federal laws regarding cannabis and that the interstate transportation of marijuana is a federal offense.

You expressly acknowledge and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your state of residence and where you are located unless done in complete compliance with the state’s laws.

Use of Third Party Services

As a part of our Service, we may offer integrations with web sites and applications operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties, including any difficulties accessing their services. We provide such integrations for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites or applications. Our inclusion of an integration with a web site or an application does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Disclaimers and Limitations

The Service is provided “As is.” BudGab and its affiliates disclaim any warranty of any kind, express or implied, as to any matter relating to the Services including without limitation the implied warranties of merchantability and fitness for a particular purpose. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE.

Errors

We are not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control. It is your responsibility to ensure that BudGab has updated email addresses and contact information.

Cancellation and Termination

You can give us notice to terminate this Agreement by providing notice 30 days in advance. Termination shall not affect any rights or obligations of the parties, including the payment of amounts due, which have accrued up to the date of such termination. BudGab reserves the right in its sole discretion, and without any prior notice, to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service. BudGab shall not be liable to you or any third party for any modification or discontinuation of the Service. You may unsubscribe from any further marketing communications from us at any time by delivering a written notice addressed to request@budgab.com. You shall be responsible for ensuring delivery of the notice to us. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of our emails. We shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service. Notwithstanding the any request to unsubscribe from emails, BudGab may still email you regarding administrative matters, such as billing and/or changes to our service or Terms of Service.

Data Fees & Usage

BudGab is not responsible for any fees or usage charges you incur using the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services.

Charges

You understand and acknowledge that you may incur fees or charges from BudGab or other third parties in connection with the goods and services purchased or facilitated through the Services. All charges will be identified in your cart prior to or during checkout.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of our Service, to the goods or services provided by us, or to any acts or omissions of other users for which you may contend we are liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the state of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, 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. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Copyright and DMCA

If you believe Content on BudGab infringes your copyright, you can reach our agent at GuMuHC LLC Attn: Designated Copyright Agent, 2525 Phelps Street, San Francisco, CA 94124. Email copyright@budgab.com. If you are in the U.S., you notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”). Google Play™ is a trademark of Google, LLC.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Indemnification

By entering into this Agreement and using the Services, you agree to defend, indemnify and hold BudGab, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with this agreement.

Intellectual Property

All contents of the Service are the intellectual property of BudGab, except those contents specifically attributed to its third party affiliates. BudGab shall own all right, title, and interest in and to Service, including all modifications, improvements, upgrades, and derivative works thereto. No intellectual property rights are assigned or transferred by BudGab hereunder.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE UNINSTALL THIS APP AND SERVICE IMMEDIATELY.

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