Terms of Use

Last modified: May 10, 2019

Welcome to Kikoko. Please read these Terms of Use and our Privacy Policy carefully, as you agree that you consent to these terms and the policy by your use of this website.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Stinson Brands, Inc. (“Company,” “Kikoko”, “we,” “our,” or “us”). The following terms and conditions, together with our Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of the Kikoko website (the “Site”), including any content, functionality, and services offered on or through the Site.

Please read the Terms of Use carefully before you start to use the Site.

By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the SiteBy using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Site.

Term

This agreement remains in full force and effect while you use the Site. We may terminate your account at any time and for any reason and without notice. Further, you agree that we will not be liable to you or any third party for any termination of your account. If you wish to terminate your account, you may simply discontinue using the Site and close your account. All provisions of the Terms shall survive termination of your account by either you or us, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Eligibility

The Site is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Site, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

User Contributions

The Site may contain review sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sub-licensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable a any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered user

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of you use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site
may be out of date at any given time, and we are under no obligation to update such material.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Site, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent at hello@kikoko.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your name.
  • The name and description of the work that is being infringed.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Sell or transport any cannabis obtained through the Site outside of California or through any illegal channels or systems.
  • Use the Site or any device, software, or routine in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Take any action that may damage or falsify the Company or Site rating.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Site

The Site may contain links to other sites and resources provided by third parties that are not owned or controlled by us. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such other websites. In addition, your dealings with such other websites, including payment and delivery of goods, are solely between you and such other website(s). You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such other website(s).

California Residents

The provider of services is Stinson Brands, Inc. 1265 67th Street, Emeryville, CA 94608. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Users Outside California

The Site is controlled and operated from California and is subject to its laws. If you choose to access the Site outside of California, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

Privacy

We care about the privacy of our users. You understand that by using the Site you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.

Security

We care about the security and integrity of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the security measures we have in place, or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.

Disclaimer of Warranties

NEITHER THE COMPANY NOR ANY PERSON ON THE COMPANY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, REGARDING THE PRODUCTS AVAILABLE VIA THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE THAT IN OBTAINING PRODUCTS THROUGH THE WEBSITE YOU ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTY MADE BY THE COMPANY, OR ANY OTHER PERSON ON THE COMPANY’S BEHALF. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW RELATED TO CANNABIS, AND BY PROVIDING ACCESS TO CANNABIS TO VISITORS OF THE WEBSITE THE COMPANY IS IN NO WAY GUARANTEEING THE LEGALITY OF THE POSSESSION OR USE OF CANNABIS FOR YOUR PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OF THE POSSESSION OR USE OF CANNABIS OBTAINED FROM THE COMPANY AND/OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, GENERAL EFFECTIVENESS, YOUR ACTIONS WHILE USING CANNABIS, AND CONFLICT BETWEEN STATE AND FEDERAL LAW, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY THE COMPANY, BY WAY OF ADVICE OR OTHERWISE, RELATED TO THE POSSESSION OR USE OF CANNABIS.

ADDITIONALLY, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE 12 MONTHS PRECEEDING THE EVENTS THAT LED TO THE CAUSE OF ACTION, OR, IF GREATER, FIVE HUNDRED DOLLARS ($500).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including to obtain cannabis products. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration to be conducted before JAMS, applying California law. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding.
Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

California Proposition 65

Proposition 65 requires the provision of a warning to California consumers regarding products containing certain chemicals. We are providing the Proposition 65 warning for the products that are depicted or offered for sale on or through our Site:
WARNING: This product can expose you to chemicals including beta-myrcene, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

While we make every effort to feature products responsibly, we also want our customers to make informed purchasing decisions, including learning more about Proposition 65. For more information about Proposition 65, please visit the California OEHHA Proposition 65 program at www.oehha.ca.gov.

Entire Agreement

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Assignment

You may not assign this Terms of Service without the prior written consent of Company. Company may assign or transfer this Terms of Service, in whole or in part, without restriction.

Notices

Notices to you may be made via either email or regular mail.

Headings

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@kikoko.com