Terms of Use

ACCEPTANCE OF TERMS

BigHerbs.com offers a Medical Marijuana directory of classifieds, dispensaries and health clinic listings. The use of BigHerbs.com is  subject to the following Terms of Use. When using the service in any way, you are agreeing to comply with the terms of use. In addition, when using BigHerbs.com services, you agree to abide by any posted guidelines for all BigHerbs.com services, which may change from time to time. Should you not agree to any term or condition of the terms of use, any guidelines, or any modifications or become dissatisfied with in any way, your only option is to immediately discontinue use of BigHerbs.com. BigHerbs.com has the right to strictly enforce the terms of use.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right to change, modify these terms and conditions at any time. Any changes shall become effective instantly upon the posting of the modified change. Please keep yourself informed as the terms of use will be updated from time to time.

CONTENT

Synthetic narcotics/prescriptions and/or designer will be removed without notice including but not limited to synthetic cannabinoids, synthetic cathinones, "fake weed," synthetic stimulants. Any content that is deemed to violate the essence of this site will be removed. Users that post such material and/or content will be warned.  Second, warming will lead a to an account ban.

You understand that all ads/postings, messages, text, files, images, photos, video, and sounds, posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that BigHerbs.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the BigHerbs.com site and Content available through the Service may contain links to other websites, which are completely independent of BigHerbs.com. BigHerbs.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. BigHerbs.com will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that BigHerbs.com does not pre-screen or approve service providers, but that BigHerbs.com shall have the right (but not the obligation) in its own discretion to refuse, delete or remove any Content any service provider that is available via the Service, for violating the terms of use or for any other reason.

THIRD PARTY CONTENT, SITES, AND SERVICES

The BigHerbs.com site and Content available through the Service may contain features and functionality that may link you or provide you with access to third party content which is completely separate of BigHerbs.com , including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that BigHerbs.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BigHerbs.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BigHerbs.com , its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

CONDUCT

 

  • You agree not to post, email, or otherwise make available Content:
  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of the BigHerbs.com sites which are not designated for such purposes; or emailed to BigHerbs.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
  • that advertises any illegal service which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

You agree not to:

 

  • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • "stalk" or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BigHerbs.com;
  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
  • attempt to gain unauthorized access to BigHerbs.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BigHerbs.com website;
  • use any form of automated device or computer program that enables the submission of postings on BigHerbs.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
  • use any form of automated device or computer program ("flagging tool") that enables the use of BigHerbs.com's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these terms of use;

 

POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on BigHerbs.com resources, you may not use a Posting Agent to post Content to the Service without express permission or license from BigHerbs.com Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from BigHerbs.com

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to BigHerbs.com email addresses or through BigHerbs.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of BigHerbs.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

FREE POSTING / PAID POSTINGS

Service Providers are limited to posting 4 total ads per user account. Service providers may post one ad per category. We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted as a featured ad or better placement. Each party posting Content to the Service is responsible for said Content and complies with the terms of use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the terms of use.

IMAGES Images cannot contain any nudity or inappropriate poses or gestures which may be offensive. Photos of minors are not allowed. Logos, coupons, before & after photos are recommended images to upload.

LIMITATIONS ON SERVICE

You acknowledge that BigHerbs.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BigHerbs.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BigHerbs.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BigHerbs.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

ACCESS TO THE SERVICE

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BigHerbs.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BigHerbs.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Disclaimer of Warranties

BigHerbs.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BigHerbs.com A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

BigHerbs.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds fifity (50) postings, your use will be presumed to be in violation of the terms of use, absent express permission granted by BigHerbs.com to do so. You may also create a hyperlink to the home page of BigHerbs.com sites so long as the link does not portray BigHerbs.com , its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

TERMINATION OF SERVICE

You agree that BigHerbs.com , in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BigHerbs.com believes that you have acted inconsistently with the letter or spirit of the terms of use. Further, you agree that BigHerbs.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BigHerbs.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BigHerbs.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BigHerbs.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BigHerbs.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BigHerbs.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BigHerbs.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BigHerbs.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BigHerbs.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BigHerbs.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BigHerbs.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BigHerbs.comSITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BigHerbs.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BigHerbs.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BigHerbs.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BigHerbs.com SITE OR THE SERVICE, FROM INABILITY TO USE THE BigHerbs.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BigHerbs.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BigHerbs.com SITE OR THE SERVICE OR ANY LINKS ON THE BigHerbs.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BigHerbs.com SITE OR THE SERVICE OR ANY LINKS ON THE BigHerbs.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold BigHerbs.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BigHerbs.com to pursue legal action to enforce these Terms, you may be liable to pay BigHerbs.com the certain amounts as liquidated damages, which you accept as reasonable estimates of BigHerbs.com damages for the specified breaches of these Terms:

FEEDBACK

We welcome your questions and comments on this document in the BigHerbs.com contact us link.