Site and Services
The website located at ShineDelivery.com is a copyrighted work belonging to Shine Delivery LLC, a Massachusetts limited liability company, or its direct or indirect affiliates, subsidiaries, parent company, or other related companies (collectively, “Shine,” “Shine Delivery,” “us,” “our,” and/or “we”). Shine provides websites (each, a “Site” and collectively, the “Sites”) and/or software applications that host content related to cannabis varieties and related products which include reviews and ratings provided by its users, information on our cannabis dispensaries, medical providers, and other cannabis-related content (collectively, with all other services provided through the Sites, the “Services”). Certain features of the Sites or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Sites or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement (as defend below). References to “you” and “your” refer to you, a user of our Site(s) and/or Services.
Legally Binding Terms
These terms of service (“Agreement”) set forth the legally binding terms for your use of the site(s) and services. By accessing or using the site(s) or services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the site(s) or services or accept the agreement if you do not have the capacity to enter into this agreement. If you do not agree with all of the provisions of this agreement, do not access and/or use the site(s) or services. If you are using the site(s) or services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this agreement.
Please read these terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against SHINE on an individual basis, not as a class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including moShinery, injunctive, and declaratory relief) on an individual basis.
No Medical Advice
SHINE does not offer medical advice. Any information accessed through the site and services, or within any of SHINE’s social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis, or treatment, and is not intended to cover all possible uses, directions, precautions, or adverse effects. Such information includes, without limitation, third-party materials, user content, and SHINE-generated content derived from user content (e.G., strain highlights, attributes, and other data). The information on the site and services and provided via SHINE’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult your doctor or other qualified health care provider if you have any questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site, services, or on SHINE’s social media pages and channels.
Acknowledgement of State Law
You expressly acknowledge that SHINE is for residents of states with laws regulating use of cannabis only and that cannabis users and patients are established pursuant to their respective State laws (e.g., the State of Massachusetts). You will not engage in interstate transportation of SHINE products. Additionally, you will not use the Site or any of the Services in any way that is illegal or prohibited by law.
The foregoing disclaimers and limitations on liability shall not limit the more general disclaimers and limitations on liability elsewhere in this agreement.
Eligibility and Accounts
In order to use the Site(s) and/or Services, you must be 21 years of age (or, if permitted by applicable law, 18), be a citizen of the United States of America, and, for patients obtaining medicinal cannabis, must be a qualified medical marijuana patient.
In order to use certain features of the Site (e.g., to use the Services), you must register for an account with SHINE (“SHINE Account”) and provide certain information about yourself as prompted by the applicable Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one SHINE Account. SHINE may suspend or terminate your SHINE Account in accordance with Sections 6.5 and 11.
You may delete your SHINE Account at any time, for any reason, by sending an email to Info@shinedelivery.com, which includes your SHINE Account username and your request to delete your account.
You are responsible for maintaining the confidentiality of your SHINE Account login information and are fully responsible for all activities that occur under your SHINE Account. You agree to immediately notify SHINE of any unauthorized use, or suspected unauthorized use, of your SHINE Account or any other breach of security. SHINE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Site and Mobile App
Subject to the terms of this Agreement, SHINE grants you a non-transferable, revocable, non-exclusive license to use the Site(s) and Services for your personal, noncommercial use. Subject to the terms of this Agreement, SHINE grants you a non-transferable, revocable, non-exclusive license to install and use the software SHINE makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site(s) or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site(s)or Services; (c) you shall not access the Site(s)or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site(s)or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site(s)or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site(s) or Services content must be retained on all copies thereof.
SHINE reserves the right, at any time, to modify, suspend, or discontinue the Site(s) or Services or any part thereof with or without notice. You agree that SHINE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site(s) or Services or any part thereof.
The Sites and Services and all text, graphics, images, logos, icons, programs, software, data, content, information, reports and materials made available to you in connection with your use of the Sites and Services, whether tangible and intangible in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way unless specifically directed to do so by us. Any and all rights not expressly granted by this Agreement or specifically provided in the Intellectual Property, whether existing now or arising in the future, are hereby expressly reserved by us. We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement.
Third Party Sites
The Site(s) or Service(s) may contain references or links to other web sites, web pages, materials, applications, information and resources (“Third Party Sites, Services, and Content” or “Third Party Sites, Services, or Content” as the context requires). We are not responsible for and have no control over the Third Party Sites, Services, and Content. Furthermore, you understand, acknowledge and agree that we are not endorsing or otherwise responsible for or associated with any Third Party Sites, Services, and Content and unless we specifically and explicitly tell you otherwise in writing, you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites, Services, or Content. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Sites, Services, and Content, even if we are advised of the possibility that damages may result. For the avoidance of doubt, any payment methodology or payment mechanism accepted by us shall be deemed a Third Party Site, Service, or Content which shall be governed by your relationship with such third party and for which we disclaim liability.
By using the Services or Software, you agree that SHINE and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from SHINE, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your SHINE Account or use of the Services, updates concerning new and existing features on SHINE, communications concerning promotions run by us or our third-party partners, and news concerning SHINE and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by SHINE. If you change or deactivate the phone number you provided to SHINE, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
You may opt out of receiving promotional text messages from SHINE at any time by replying STOP to a promotional text message from SHINE. You may opt-out of receiving all text messages from SHINE at any time by deleting your account or by replying STOP to any text message from SHINE. NOTE: if you opt-out of receiving all text messages from SHINE, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while SHINE processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
Opting Back In
You may opt back into receiving text messages from SHINE at any time by replying START to a text message from SHINE.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email (or adjusting your account settings to the extent available in your account settings).
To the extent we are permitted by applicable laws, rules, or regulations to contact you by phone, you may request to be suppressed from our telemarketing lists by contacting us directly as provided below. As a general matter, if you wish to decrease the amount of unsolicited telemarketing calls that you receive, you should register with the Federal Trade Commission’s National Do Not Call Registry. The federal government’s Do Not Call (DNC) Registry allows you to permanently restrict telemarketing calls by registering your phone number at donotcall.gov or by calling 1-888-382-1222.
If you opt-out of receiving marketing/promotional emails and/or text messages, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
User Content. “User Content”
means any and all information and content that a user submits to, or uses with, the Site(s) or Services, including, without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that SHINE is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SHINE does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
User Content Restrictions
You agree not to use the Site(s), Services, or any of SHINE’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party; (d) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; or (e) is not reasonably related and in furtherance of the purposes and terms and conditions upon which your use of the Services is governed and authorized.
User Content Responsibilities
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by SHINE. You acknowledge and agree that SHINE is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SHINE does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not SHINE), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. SHINE is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to SHINE an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site(s)and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
If you provide SHINE any feedback or suggestions regarding the Site(s) or Services (“Feedback”), you hereby assign to SHINE all rights in the Feedback and agree that SHINE shall have the right to use such Feedback and related information in any manner it deems appropriate. SHINE will treat any Feedback you provide to SHINE as non-confidential and non-proprietary. You agree that you will not submit to SHINE any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
The following sets forth SHINE’s “Acceptable Use Policy”:
You agree not to use the Site(s) or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system, data or the Site (including any information, content, materials, features or functions thereof); (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or SHINE or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site(s) or Services.
Use of the Services
You also may not use or allow, enable or facilitate others to use the Services you may obtain, in any manner that actually does or attempts to: (a) disrupt, impair or interfere with, alter or modify the Site(s) (including any information, content, materials, features or functions thereof), or the use of the Site(s) by others; (b) act in a way that affects or reflects negatively on us, the Services or anyone else; or (c) collect or attempt to collect any information of another party, including without limitation personally identifiable information, without that party’s express prior consent. You agree to comply with all local, state, and federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to this Agreement, the performance of your obligations and your use of the Services.
Monitoring, Suspension, and Termination
We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your SHINE Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold SHINE (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including attorneys’ fees) arising from or relating to any claim, investigation, suit, cause of action, proceeding, or demand due to or arising out of (i) your use or misuse of the Site(s) or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. SHINE 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 SHINE. SHINE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Each user of the Site(s) or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and we assume no responsibility for any User Content. Your interactions with other users of Site(s) or Services are solely between you and such user. You agree that SHINE will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user of the Site(s) or Services, we are under no obligation to become involved.
The site(s) and services are provided “as-is” and “as available” and expressly disclaim, to the fullest extent permitted by applicable law, any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Without limiting the foregoing, we make no warranty that the site(s) or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitations on Liability
To the fullest extent permitted by applicable law, in no event shall SHINE be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or your use of, or inability to use, the site(s) or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site(s) and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, Shine’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) amounts you’ve paid Shine in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Term and Termination
Subject to this Section 11, this Agreement will remain in full force and effect while you use the Site(s) or Services. We may (a) suspend your rights to use the Site(s) and/or Services (including your SHINE Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site(s) or Services in violation of this Agreement. Upon termination of this Agreement, your SHINE Account and right to access and use the Site(s) and Services will terminate immediately. You understand that any termination of your SHINE Account involves deletion of your User Content associated therewith from our Site(s), Services, and live databases. SHINE will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your SHINE Account or deletion of your User Content. Sections 7, 8, 9,10, 13 and 14 of this Agreement will survive termination.
SHINE respects the intellectual property of others and asks that users of our Site(s) and Services do the same. In connection with our Site(s) 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(s) 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 the Site(s) or 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 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 SHINE can be reached by emailing firstname.lastname@example.org or sending physical mail to Shine Delivery LLC, 119 Washington St. Plainville, MA 02762 Attn: Legal Department.
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 SHINE arising out of, relating to or in connection with the Site(s) 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 SHINE 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 this Agreement 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 this Agreement to the contrary, we agree that if SHINE makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to SHINE. 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 13 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 Suffolk County, MA. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Massachusetts without regard to conflict of law provisions.
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 email@example.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 14.5 below.
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.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to Section 13.1 (Arbitration) (other than a change to the Notice Address) while you are a user of the Site(s) or Service, you may reject any such change to Section 13.1 (Arbitration) by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of Section 13.1 (Arbitration) as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No Support or Maintenance
You acknowledge and agree that SHINE will have no obligation to provide you with any support or maintenance in connection with the Site(s) or Services.
We may amend this Agreement at any time in our sole discretion. If we do so, we will post the modifications to this Agreement. The modifications will be effective immediately. You agree to review this Agreement periodically so that you are aware of any modifications. Continued use of our Site(s) or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
You acknowledge and agree that You are not permitted to use SHINE’s trademarks or any third-party marks displayed on the Site(s) or Services without prior written consent from SHINE or the owners of such third-party marks.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site(s) and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by SHINE of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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 SHINE. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SHINE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SHINE shall be entitled to assign this Agreement at any time with or without notice to you and without your prior written consent. The terms of this Agreement shall be binding upon assignees.
SHINE Contact Information
Please direct any comments or questions that you may have regarding these Terms and Conditions to: 119 Washington St Plainville, MA 02762 or Info@shinedelivery.com.