Terms & Conditions

Updated September 7, 2021

Purpose of Terms of Use

Please read these Terms of Use (“Terms,” “Terms of Use”) carefully before using the www.vertcos.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 acknowledging that you have read, understood, and agree to be bound by the Terms of Use. These Terms apply to all visitors, users, or others who wish to access or use the Service. Please note, Vertical (“Company”) may modify or update the Terms of Use at any time in its sole and absolute discretion. Any continued usage or access of the Service after such changes are made constitutes your agreement to the revised Terms of Use. If you do not agree, do not use 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 Terms of Use.

Cannabis Disclaimer

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 Vertical 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.

Health Information

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.

User Content

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.

Governing Law/Arbitration

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.

These Terms of Use shall be construed in accordance with and governed by the laws of the 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.

These Terms of Use shall be construed in accordance with and governed by the laws of the 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.

No Warranties

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.

Limited Liability

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.

Indemnity

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.

Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall 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.

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