January 1, 2020
www.superbadinc.com website (“Site”) as this constitutes a binding agreement. By accessing the
Site or any services, applications, or software provided through the Site (the “Service”), you are
These Terms apply to all visitors, users, or others who wish to access or use the Service. Please
and absolute discretion. Any continued usage or access of the Service after such changes are
Company’s Services, including its Site. Furthermore, by using the Service, you agree that you
are at least 21 years of age and that you are legally able to enter into this agreement for the
Cannabis is a Schedule 1 Controlled Substance under the Controlled Substance Act (21 U.S.C.
802) (“CSA”) and the cultivation, distribution, and possession of cannabis is a crime under
federal law. Keep all cannabis and cannabis products out of reach of children and animals.
Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours. Use
of cannabis while pregnant or breastfeeding may be harmful. Consumption of cannabis and
cannabis products impairs your ability to drive and operate machinery, please use extreme
caution. You acknowledge that medical use is not recognized as a valid defense under federal
laws regarding cannabis and interstate transportation of cannabis is a federal offense.
The Site and Service are controlled and operated by superbadinc. under applicable state laws of
California. The Company makes no representation that any of the materials of Services to which
you have been given access are available or appropriate for use in other locations. Your use of or
access to the Site shall not be construed as Company purposefully availing itself of the benefits
or privilege of doing business in any state or jurisdiction other than California.
The Information on this site is not intended as a substitute for professional medical advice or
treatment. None of the information or products discussed on the Site have been evaluated by the
FDA and are not intended to diagnose, treat, mitigate or cure any disease. Company is not a
licensed medical professional. The information provided is designed for educational purposes
only and is not intended to be a substitute for informed medical advice. Please seek proper
medical professional advice for any matter related to your well being or health before using
products, especially if you are pregnant, nursing, taking medication, or have a medical condition.
You grant the Company a license to use the materials you post to the Site or Service. By posting,
downloading, displaying, performing, transmitting, “tagging” or otherwise distributing
information or other content (“User Content”) to the Site or Service, you are granting the
Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents,
and representatives a license to use User Content in connection with the operation of the Site, its
affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and
representatives, including without limitation, a right to copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be
compensated for any User Content. You agree that the Company may publish or otherwise
disclose your name in connection with your User Content in its sole and absolute discretion. By
posting User Content on the Site or Service, 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. The Company has the right but not the obligation to monitor
and edit or remove any activity or content in its sole and absolute discretion.
PLEASE READ THIS SECTION CAREFULLY. These terms include an agreement to
mandatory arbitration, which means that you agree to submit any dispute related to your
use of any of the Company’s Services to binding individual arbitration rather than proceed
in court. These terms also include a class action waiver, which means you agree to proceed
with any dispute individually and not as part of a class action. Finally, this agreement also
includes a jury waiver.
United States and the State of California, without reference to their rules regarding conflicts of
law. Except for disputes brought in small claims court, all disputes between you and the
Company arising out of, relating to, or in connection with the Site or Services shall be
determined by arbitration in the County and City of Los Angeles, California before one
arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on the award may be entered in any court having
jurisdiction. If this arbitration 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
the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of
such court for this purpose.
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an
individual basis and not in a class or representative action or as a named or unnamed member in
a class, consolidated, representative or private attorney general legal action. Your access and
continued use of the site signifies your explicit consent to this waiver.
YOUR USE OF THE SITE OR SERVICE IS AT YOUR OWN RISK. The Company hereby
disclaims all warranties. The Service and Site provided by the Company is available “as is”
without warranties of any kind. You assume the risk of any and all damage or loss from use of,
or inability to use, the Service or Site. To the maximum extent permitted by law, the Company
expressly disclaims any and all warranties, express or implied, regarding the Service or Site,
including, but not limited to, any implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. The Company does not warrant that the content within the Service
or Site is accurate or reliable; that the Service will meet your requirements; or that the Service
will be uninterrupted or error-free.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event
shall the Company be liable for any direct, indirect, incidental, or consequential damages of any
kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other
intangible losses), regardless of the foreseeability of those damages, arising out of or in
connection with your use of or access to the Site or Service. This limitation of liability section
shall apply regardless of whether the damages arise out of breach of contract, tort, or any other
legal theory or form of action.
You agree to indemnify and hold harmless the Company for certain of your acts and omissions.
You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the
Company, its affiliates, officers, directors, employees, consultants, agents, and representatives
from any and all third party claims, losses, liability, damages, and/or costs (including reasonable
attorney fees and costs) arising from your access to or use of the Site, any other party’s access
and use of the Service or Site with your account credentials, your violation of these Terms of
Use, or infringement by any other user of your account, of any intellectual property or other right
of any person or entity. The Company will notify you promptly of any such claim, loss, liability,
or demand; provided, that the Company’s failure to notify you shall in no way eliminate or
otherwise modify the Company’s rights to indemnification hereunder.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these
constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
The materials contained in this website are protected by applicable copyright and trademark law.