Terms of Service

WüSah Terms of Service

Last Updated: 10/30/2018

Overview

These terms and conditions (“Terms of Service”) are presented by Wu-Sah Inc. dba WüSah. (“we,” “us,” or “WüSah”) and govern your use of the WüSah website located www.wusah.com (the “Website”).

This is a legally binding agreement between you and WüSah. We offer this website, https://wusah.com (the “Website”), including all information, tools, products, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, and policies stated in this Terms of Service.

By accessing our Website and/or purchasing something from us, you acknowledge that you engage in our “Service,” and agree to be bound by these Terms of Service including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to all the these Terms of Service, then you may not continue to access the Website or use any Services. If for any reason, these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is built on WooCommerce, who provides us with the online e-commerce platform to sell our products and services to you.

Section 1 – Eligibility

You affirm that you are either (a) 21 years of age or older, or (b) under 21 years of age but possess a valid medical cannabis recommendation from a licensed medical provider. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

The Site is not intended for individuals under 21 without a medical cannabis recommendation from a licensed medical provider. If you are under 21 and do not possess a medical cannabis recommendation, you are not authorized to use the Website.

WüSah may change its eligibility criteria at any time. Cannabis is not lawful in all 50 states and the U.S. territories. This provision is void where prohibited by law and the right to access the Website is withdrawn in such jurisdictions.

Section 2 – Online Store Terms

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any code of a destructive nature, including but not limited to worms or viruses.

A breach or violation of any of the Terms of Service will result in an immediate termination of the Services.

Section 3 – General Conditions

We reserve the right to refuse access to the Website and our Products and Services to anyone for any reason at any time.

You understand that your personal data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. For further information about the use of your content/information please see our Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 4 – Intellectual Property

All content included in or made available through the Website, such as text, graphics, photographs, logos, images, audio clips, digital downloads, and data (collectively the “Materials”) is the property of WüSah or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Webite is the exclusive property of WüSah and protected by U.S. and international copyright laws.

WUSAH is a trademark of WüSah and/or its related entities (the “Mark”). The Mark may not be used without permission and may not be used in connection with any product or service that is not offered, provided, endorsed, or sponsored by WüSah. All other trademarks not owned by WüSah that appear on the Website are the property of their respective owners.

WüSah respects the intellectual property rights of others. If a user believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have otherwise been violated, please provide the following information to WüSah via email:

  • an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that the user claims has been infringed;
  • a description of where the material that the user claims is infringing is located on the site, including a URL link;
  • user’s address, telephone number, and email address;
  • a statement that the user has a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by the user, made under penalty of perjury, that the above information in the user’s notice is completely accurate and that user is the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Section 5 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, and have no obligation to update any information or content on our Website. You agree that it is your responsibility to monitor changes to our Website.

Section 6 – Modifications to the Service and Product Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue a product and/or Service (or any part or content) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a product and/or Service.

Section 7 – Products or Services (If Applicable)

Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy .

We have made every effort to display as accurately as possible the colors and images of our products that appear at on the product upon delivery or at a physical retail location. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the quality of any products, Services, information, or other material purchased or otherwise accessed or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 8 – Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You recognize and agree that it is your sole responsibility to keep your account and other information, including, but not limited to, your email address and payment information, so that we can complete your transactions and contact you as needed.

For further information, please review our Returns Policy.

Section 9 – Optional Tools

We may provide you with access to third-party tools, including but not limited to,_________ over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 10 – Third-Party Links

The Website may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by WüSah of the content, materials, or information available on such third-party websites. WüSah is not responsible for the content, materials, or information available on linked third party sites and does not make any warranty or representation regarding same. Nor does WüSah make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that WüSah endorses, is affiliated or associated with, the linked-third-party site. If you decide to access linked third-party websites, you do so at your own risk.

In general, WüSah does not object to links to the Website from third-party web sites. Unless WüSah has a written agreement with you, you may not use any of WüSah’s trademarks, service marks or trade names in or with your links. You may not present the link to the Website in any way that suggests WüSah has any relationship or affiliation with your web site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with WüSah to do so. You may link to the Website using the plain text name of the Website. Do not, without WüSah’s written permission: (a) incorporate any of our content into your web site (e.g., by in-lining or framing); (b) use any of WüSah’s trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying WüSah or the Site in any “metatag.” WüSah will not tolerate links from any website that may adversely affect the name, reputation and/or goodwill of WüSah or ay charitable organization. WüSah reserves the right to terminate permission to link to the Site at any time, for any reason.

Section 11 – User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Contributions’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Contributions. When you publish or post a Contribution, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  1. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize WüSah and the Website, and all other uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms of Service;
  1. your Contribution is not (in all cases as determined by WüSah in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  1. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on WüSah’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
  1. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
  1. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms of Service or any applicable law or regulation; and
  1. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by WüSah in its sole and absolute discretion.

By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to WüSah an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sub licenses of the foregoing.

WüSah has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms of Service.

WüSah may accept, reject, or remove any Contributions, in its sole and absolute discretion, but WüSah has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate.

Section 12 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view the latest version of our Privacy Policy, please click here..

Section 13 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service or the Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website or the Service will be accurate or reliable.

You acknowledge that from time to time we may remove the Website and/or the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website and the Service is at your sole risk. The Website, Service, and all products and services delivered to you through the Website and Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WüSah, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

Section 16 – Indemnification

You agree to indemnify, defend and hold harmless the WüSah and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 – Severability

In the event that any provision within these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to any or all of our Services .

Section 19 – Entire Agreement

Our failure to exercise or enforce any right or provision within these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Governing Law

These Terms of Service and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of the state of California.           

Section 21 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access of our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 – Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Section 23 – Contact Information

Questions about the Terms of Service should be sent to us at

info@wusah.com

Wu-Sah

19191 South Vermont Ave. 

Suite 405

Torrance, CA 90502