S2Solutions, LLC, dba Cultivera
Last Revised [2-15-2016]
I. Collection of Data
By providing us with your business’s login to the state traceability system, you agree to give us access to the data about your company’s recreational cannabis inventory and/or transaction information in the state system (“Business Data”). You represent that you have access to this information lawfully, and can give us permission to access it, and you agree to comply with the terms and conditions of the state system (available at https://wslcb.mjtraceability.com/).
When you provide us with your state system login information, you are giving us access to your business name and contact information along with your Business Data. If, in connection with your master account, you choose to set up individual “child” accounts from the same login credentials for your employees, partners, or others, you must also provide usernames, passwords and set any relevant permissions for that account. When you set up child accounts and choose to share your Business Data with other individuals or entities, we are not responsible for loss of confidentiality or any other consequences stemming from those actions. You remain responsible for the use of the account.
A. Username and Password
In order to access the Software, you will be asked to register by creating a username and selecting a password. You agree that you are responsible for the safety and security of your username and password, and will take appropriate measures to safeguard it. If you believe that your username and password are being used without your permission, notify us immediately by e-mailing email@example.com.
II. Consent to Use of Data
You acknowledge and agree that the S2Solutions Software collects inventory and/or transactional information about your business from the state system. We aggregate and interpret this information from the state system to be able to present reports to you that represent your Business Data in meaningful ways.
You acknowledge and agree that we may collect, transmit, store, and use your Business Data to fulfill your requests or provide you with products, services, or information related to the Software and its services. You agree to receive communications about additional products or services that we may provide in the future or about business opportunities in related fields. You give us permission to use your Business Data in the aggregate with data from our other customers in order to perform analytics.
Until such time as your Business Data becomes a matter of public record under state law, you have the right to ask us to delete your information from the Software, and we will not share your Business Data with third parties, including competing businesses. You can do so by…. Please allow x days to process your request. We do not claim ownership of your Business Data. However, after your Business Data becomes a matter of public record under state law, we reserve the right to retain, repurpose, aggregate, analyze, or share your Business Data.
We will never share your state system login credentials with anyone, nor will we share your proprietary business information that is not a matter of public record. [IF IN THE FUTURE A NEW PRODUCT CONNECTS RETAILERS TO GROWERS: The product feature connecting retailers to growers does allow you to opt in to sharing your information with other users you have approved. We are not responsible for loss of confidentiality or any other consequences stemming from those actions.]
III. Use of Reports
Any reports are not to be relied upon as an independent basis to make any business decisions. Any forecasts, models, or analysis are for general informational purposes and are not to be relied on in any way in making business decisions.
Upon a request by S2Solutions, you agree to defend, indemnify and hold harmless S2Solutions and its affiliates, directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees, that are connected with your use of this Software. S2Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with S2Solutions in asserting any available defenses.
V. Disclaimer of Warranty
THIS SOFTWARE AND THE CONTENT AND SERVICES THEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. S2 SOLUTIONS, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY, PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE WITH RESPECT TO THE OPERATION OF THIS SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICE, DOCUMENTATION, REPORTS, OR DATA INCLUDED ON OR OFFERED BY THIS SOFTWARE OR PROVIDED THROUGH THIS SOFTWARE OR OTHER MEANS. SPECIFICALLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SECURITY OF THE SOFTWARE OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE SOFTWARE, CONTENT, SERVICES, TEXT, GRAPHICS, TOOLS, LINKS, OR OTHER COMMUNICATIONS PROVIDED IN OR THROUGH THE USE OF THIS SOFTWARE, OR ANY SITE OR SITES “LINKED” TO IT. WE MAKE NO WARRANTY THAT THIS SOFTWARE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VI. Limitation of Liability
VII. Dispute Resolution
NOTE: These Dispute Resolution procedures apply to any claim or disagreement that arises as of February 15, 2016, and will not be applied retroactively.
6931 Arlington Road #304
Bethesda, Marland 20814
Informal Dispute Resolution. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand.
Binding Arbitration. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and S2 Solutions’ ability to litigate claims in court, and you and S2Solutions each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees.
Please note that for any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.
VIII. Links to Other Web sites or Applications
As a resource to our users, our Software may provide links to external websites. However, because S2Solutions does not control the content of these sites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Inclusion of any third-party link does not imply a recommendation or endorsement by us. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party sites. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.
IX. Signaling Agreement
When you sign up for the Software, you will be asked to agree to these and other terms governing your use of the Software by checking the “I Agree” box during registration. By checking the “I Agree” box, you are agreeing to be bound by the terms as set forth in the agreement.
X. Operability of Software
We do not warrant that the Software will be compatible or interoperable with your personal computer or mobile device, or any hardware, software, equipment or device installed on your personal computer or mobile device or used by you to access and use the Software (“Accessories”). You acknowledge that compatibility and interoperability problems: (a) may cause the performance of the Software, your personal computer or mobile device, and any Accessories to diminish or fail completely; (b) may result in permanent damage to your personal computer or mobile device and any Accessories; (c) may result in a loss of data on your personal computer or mobile device or Accessories; or (d) may result in the corruption of software and files located on your personal computer or mobile device and any Accessories. You acknowledge and agree that S2Solutions shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
XI. Intellectual Property
A. Copyright Notice
The Content of this Software is protected under applicable intellectual property laws. Further, copying, redistribution or publication of any part of the Software is prohibited. All images and text are our property and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used except as provided herein without the express written permission of S2Solutions.
B. Software License
When you download the Software, you are granted a personal, non-exclusive, non-sublicensable, no
n-transferable, license to install and use the Software (in machine readable object code only) only on a personal computer or mobile device you own or control, solely for your personal use and as expressly permitted herein.
XII. Other Terms and Conditions
If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.