Please note: Section 12 of these Terms governs disputes between us, and contains an arbitration clause and class action waiver that requires you and Yepja to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.
Certain areas of the Websites and Services (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.
Except as otherwise provided herein, the Websites and Services are intended solely for and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please note that certain of the Websites and Services require you to be at least eighteen (18) years of age to access and use such Websites and Services. Please check the applicable Additional Terms, if applicable, for such Websites and Services for further information. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Websites or Services is also of legal age as described above, and agree not to invite participation from anyone not of legal age as described above.
By accessing or using the Websites or Services, you consent to receiving communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You expressly agree and acknowledge that Yepja (i) is a technology platform; (ii) is not a cannabis retailer, cultivator, or brand; ; and (iii) does not itself cultivate, manufacture, package, label, test, or sell cannabis. The third-party retailers and brands who list their cannabis-related or non-cannabis-related services or businesses on the Websites (“Retailers”) are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. Yepja has no responsibility or liability for any products or services offered by any Retailer. Nor does Yepja have any responsibility or liability for any reviews or statements posted on the Websites regarding any products or services offered by any Retailer.
Yepja operates under applicable U.S. state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under U.S. federal laws, manufacturing, distributing, dispensing, or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.
You expressly acknowledge, understand, and agree that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis may be illegal in your state of residence and in the state you are located, unless all participants are acting completely within the scope of the state’s applicable laws.
While the Websites and Services may be accessed from various locations, Yepja only accepts listings from Retailers located in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of your place of location while using the Websites and/or Services. Yepja reserves the right to determine or change its Service Area in its sole discretion at any time.
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products available on the Websites have not been evaluated by the U.S. Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products have been approved or endorsed by the FDA or any other regulatory agency. The products available on the Websites are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products seen on the Websites.
In order to access or use some of the Websites or Services, you must first register and create an individual account for yourself or a business for such Website or Service (each a “User Account”).
Your User Account cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent, in which case Additional Terms will apply.
User Accounts may only be set up by an authorized representative of the individual or business that is the subject of the User Account. If you believe that a User Account listed on any of the Websites is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to [email protected] Yepja does not, however, review each User Account to determine if it was created by an appropriate party. In addition, Yepja is not responsible for any unauthorized User Accounts that may appear on the Services.
We may offer you the ability to set preferences relating to your User Account, but changes to your settings may not become effective immediately or may contain errors, and options may change from time-to-time. Yepja assumes no responsibility or liability for any issues, problems, or Content (as defined below) on your User Account.
Termination of your User Account will: (i) deny you access to our Services; (ii) delay or remove User Content that you submitted or commented on; (iii) remove any special status associated with your account(s); and (iv) remove and demote your listings. We may take technical and/or legal steps to prevent you from using our Websites and Services in the future. Yepja has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
For purposes of these Terms: (i) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media; (ii) “User Content” means Content that users submit or transmit to, through, or in connection with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts, comments, and information that such user publicly displays or displayed in its User Account, and including any electronic data or information with respect to a user’s customers; (iii) “Yepja Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Websites or Services; (iv) “Third Party Content” means Content that originates from parties other than Yepja or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us; and (v) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below), and Yepja Content.
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains material that is false, intentionally misleading or defamatory; (ii) 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; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) contains material that is false, intentionally misleading or defamatory; (ii) 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; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
Yepja does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. By using the Website and Services, you understand and agree that Yepja is not the creator or developer of any information provided by other users, including User Content, and Yepja is not liable for any information provided by other users, including User Content.
As between you and Yepja, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant Yepja and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against Yepja and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
You hereby grant Yepja the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of Yepja or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Yepja shall be owned exclusively by us.
We own the Yepja Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Yepja Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by Yepja includes all metadata or compilation data generated from the Websites or Services (including using or derived from user inputs to the Websites or Services, pricing, sales and inventory data, or User Content) (the “Yepja Metadata”) As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Yepja Content, Websites or Services, or any of the IP Rights of Yepja, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the Yepja Content, the Websites, and the Services, and all such rights are retained by us.
Yepja may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
The Website or Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that Yepja is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Yepja does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
The Websites or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). Yepja displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Websites or Services. The Offeror, and not Yepja, is solely responsible for: (i) redemption of the Third-Party Offer; (ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Third-Party Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.
It is Yepja’s policy, in appropriate circumstances and at its discretion, to disable, eliminate access to, and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, Yepja will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to Yepja in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, Yepja will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by Yepja in connection with the Notice and allegation of copyright infringement.
If there is a dispute between users of the Websites or Services, including between Consumers and Retailers, you understand and agree that Yepja and its affiliates are under no obligation to become involved in such a dispute.
Yepja will use reasonable efforts to notify you of any such claim for which Yepja seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. Yepja reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Yepja.
You hereby release and forever discharge Yepja (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Websites or Services or Third-Party Materials.
Yepja is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (i) an informal negotiation directly with Yepja’s customer service team; and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”).
In the event we cannot resolve a dispute through direct informal discussions, you and Yepja (collectively, the “Parties”) mutually agree that any dispute, claim, counterclaim, or controversy arising out of or relating to these Terms—including the applicability, breach, termination, validity, enforcement or interpretation thereof—or the use of the Websites and/or Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a Dispute, the Parties mutually agree that the arbitrator will decide this issue.
The Parties mutually agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Filing of claims subject to these exceptions shall not be deemed a waiver of either your or Yepja’s right under the Arbitration Agreement to have all other Disputes determined by individual arbitration in accordance with the terms of the Arbitration Agreement.
This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be administered by the AAA in accordance with the AAA Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The Parties acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.
The Parties acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, collective action, private attorney general action, or any other representative proceeding as to all Disputes. Unless the Parties both otherwise agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties, or otherwise preside over any form of class, collective, or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “collective action” waiver or the “private attorney general action” waiver or the “representative proceeding” waiver in this paragraph is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and the Parties agree that any collective claims and private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Except as provided above with respect to the “class action lawsuit” or “class-wide arbitration” waivers, if any provision of the Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.
Unless superseded by a later arbitration agreement between the Parties, this Arbitration Agreement will survive the termination of these Terms.
You expressly acknowledge, understand, and agree that:
You expressly acknowledge, understand, and agree that:
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Yepja. Some states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, some of the above limitations may not apply to you. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
The failure of Yepja to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yepja. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Yepja.
You acknowledge and agree that Yepja will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
We do not represent that the materials in the Websites or Services are appropriate or available for use in any particular location. Those who choose to access the Websites or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (i) located in or a national or resident of any country that is subject to U.S. trade sanctions or that has been designed by the U.S. government as a “terrorist supporting” country, or (ii) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
Except as otherwise provided in Section 12, if any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
You agree that your Yepja account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the Yepja Websites or any of the Services we provide, please feel free to contact our Customer Service department at [email protected] or call us at (888) 377-7476 PST