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Terms and conditions

Last Updated: August 9, 2021

Please read the KindRun Website Terms and Conditions (the “Terms”) carefully. This Agreement sets forth a legal agreement between you and KindRun Massachusetts LLC and its affiliates and (collectively, “we” or “us” or “KindRun”),) regarding your use of our website at www.kindrun.com (“Site”). We will refer to use of our Site as our “Services.” These Terms govern your use of our Services, which will allow you to connect with authorized cannabis retailers for the sale of cannabis and non-cannabis products. 

By registering, accessing or using our Services, you are agreeing to abide by these Terms, and this agreement to our Terms constitutes a legally binding contract between you and KindRun.  If you do not agree to these Terms, do not register, access or use our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. KindRun may revise and update these Terms at any time. Please review our Terms periodically for changes. Your continued use of the Services will mean you accept the revised Terms. Other aspects of the Services may be covered by additional terms, conditions and agreements with KindRun or third-parties such as financial institutions.

THESE TERMS ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION BELOW FOR MORE INFORMATION.

1. License Grant

Subject to your compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Services, for your personal use only, and subject to the limitations set forth in Section 2 below. We reserve any and all rights not expressly granted to you pursuant to these Terms.

You expressly acknowledge that KindRun (a) is a technology services provider; (b) is not a licensed medical or adult-use cannabis dispensary or cultivator; and (c) does not cultivate, manufacture, package, label, test, or sell medical or adult-use cannabis.

2. Your Obligations

By accessing the Services, you represent and warrant that:

  • you are at least twenty one (21) years old;
  • that you have not previously been suspended, removed or deactivated from the Services;
  • that you are a legal resident of the United States; and
  • that your registration and use of the Services is in compliance with any and all applicable laws and regulations.

You must use the Services and the Website at all times in compliance with the laws and regulations of the state in which you access the Services and related to cannabis.  You acknowledge that while the Services may be accessed from various locations, certain features of the Services may not be available in certain states, cities, counties, municipalities, and jurisdictions. For example, you may be able to purchase products in some states but not others. KindRun operates under applicable state law.  Under the federal laws of the United States, manufacturing, distributing, dispensing or possession of cannabis is illegal, and individuals are subject to arrest and/or prosecution for doing so.  You acknowledge that (a) medical use is not recognized as a valid defense under federal laws, and (b) the interstate transportation of marijuana is a federal offense, and, as such, KindRun expressly disclaims any such liability or responsibility. 

 Furthermore, you agree not to use the Services to:

  • knowingly provide or submit false or misleading information;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • use another person’s sign-in details to access our Services, nor provide your sign-in details to any other person or entity;
  • upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots 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;
  • bypass our robot exclusion headers, interfere with the working of our Services, features, or tools, or impose an unreasonable or disproportionately large load on our infrastructure;
  • attempt to interfere with or disrupt our Site or the servers or networks supporting the Site and/or KindRun;
  • export or re-export any KindRun application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with all relevant posted rules and restrictions;
  • violate the intellectual property rights of KindRun or third-parties, including, without limitation, copying or distributing content, technology and/or materials;
  • rent, lease, loan, trade, sell/re-sell or otherwise monetize our Services or related data or access to the same, without KindRun’s express consent;
  • use bots or other automated methods to access our Services, add or download contacts, send or redirect messages;
  • monitor our Services’ availability, performance or functionality for any competitive purpose;
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Services;
  • access the Site or Services in order to build a similar or competitive website or service; and
  • intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, without limitation, any usage rules set forth in the online application store terms of service.

You must be at least 21 years old to use the Services.  By using the Services you expressly represent and warrant that you are at least 21 years old, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms.

By using the Services, you represent and warrant that: (a) if an identification card is required by KindRun in connection with an order, you will upload a valid, unexpired government-issued identification card to your account, and (b) your use of the Site and the Services does not violate any applicable state or local law, including any legal requirements for orders you place through the Services.  Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age.  If you do not comply with these terms, you agree that cannabis products may not be released to you by the applicable retailer, and you may forfeit the cost of such products.

3. Account Creation and Identity Verification

In order to create an account and become a registered user of the Services, you must have a valid government-issued ID and are an age legally permitted for ordering cannabis products for the state in which you are located.  You do not need to create an account to use the Site, however, you will not be able to access certain features of the Site or place orders for products until you do so. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and wireless/cellular number.

When you create your account, you agree to provide true, accurate, current, and complete registration information about yourself in connection with the registration.  We may reject the use of any password, username, or email address for any reason in our sole discretion.

You will not create more than one account unless specifically authorized to do so.

You are the only authorized user of your account, and are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your account.  We have no control over the use of your account and expressly disclaims any liability or responsibility derived therefrom. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing compliance@kindrun.com.

An account may only be set up by an authorized representative of the individual or business that is the subject of the account.  If you believe that an account is unauthorized, fake, fraudulent, or otherwise improper or misleading, please send an email to compliance@kindrun.com. KindRun does not, however, review each account to determine if it was created by an appropriate party.  In addition, KindRun is not responsible for any unauthorized account that may appear on the Services.

In order to comply with state laws regarding the distribution, possession, and use of cannabis, KindRun must be able to obtain your approximate geographic location, via IP address lookup or otherwise.  If you access the Site via a mobile device and disable location services on that device, or otherwise elect not to provide us with information regarding your location, you will not be able to access certain features of the Site, including placing orders for Products.  Additionally, certain features of the Site may not be available depending on your location.

KindRun may need to verify your identity in order to provide certain Services. You hereby authorize KindRun, directly or through third-parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, or wireless/cellular telephone number, and verifying your information against third party databases or through other sources.

4. Charges

You understand that you may incur fees or charges from the cannabis retailers in connection with the products purchased through use of the Services. We cannot confirm the price of a product until you order.  The final price will be reflected on your receipt.

Our affiliate, KindTap Technologies LLC (“KindTap”), a third-party payment processor, will process the payment for products purchased through use of the Services.  KindTap will require you to visit, enter information into, and/or create an account with its platform, separate and distinct from the KindRun Services. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of KindTap.

5. Term and Termination

We have the right, but not the obligation, to monitor our Services to determine compliance with these Terms and any other operating rules we have established and to satisfy any law, regulation or authorized government request.  We reserve the right to restrict, suspend, or terminate your account if you misuse our Services or if you violate these Terms, including where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of KindRun or any third party. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.

You may terminate acceptance of these Terms at any time stopping all use of the Services, whereupon (and without notice from KindRun) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate.

6. Effect of Termination

Upon termination of these Terms: you understand and acknowledge that we will have no further obligation to provide or allow access our Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. KindRun is not liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information that you have submitted, uploaded or otherwise made available on, to or through the Services or that which is related to your account may no longer be accessed by you. Furthermore, except as may be required by applicable law or as provided in our Privacy Policy, KindRun will have no obligation to store or maintain (or delete or destroy) any information stored in our database or to forward any information to you or any third-party.

7. Intellectual Property

The contents of the Services, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by copyright, trademark and other intellectual property laws (the “KindRun Intellectual Property”). Except as otherwise expressly set out in these Terms, the KindRun Intellectual Property may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of KindRun.

“Kind.Run™” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Services are the trademarks of KindRun. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.

8. Suggestions

If you choose to provide KindRun with suggestions regarding problems with or proposed modifications or improvements to the Services (“Suggestions”), then you hereby grant KindRun an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Suggestions in any manner and for any purpose, including to improve the Services and create other products and services.

9. Consent to Receive Text and Push Notifications

By providing us with a wireless/cellular phone number, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages, as well as text messages for marketing or promotional purposes from or on behalf of KindRun at the phone number provided. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from KindRun. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. Standard message and data rates may apply to all text messages.

By using the Services, you also agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.

10. Product Disclaimer

KindRun disclaims any obligation to independently verify the credentials or representations of any of the retailers or the authenticity or quality of any of their products or services. You must make yourself comfortable with the information provided by the retailers on the Site, through such means or methods as you may deem appropriate, including by contacting the retailer directly, as to the quality and reliability of the retailers. KindRun does not in any way guarantee the quality of any product, including any cannabis-related products, or any pick-up or delivery service in connection therewith. A retailer may represent certain standards with respect to their cannabis products, such as labeling products as “organic,” “pesticide-free,” achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), or otherwise. KindRun does not investigate or verify any such statements. KindRun shall not be liable or responsible for any product, including any cannabis-related products, offered by the retailers, or any errors or misrepresentations made by them (including on the Site and through the Services).

11. Modification and Interruption of Services

You acknowledge and accept that KindRun does not guarantee continuous, uninterrupted or secure access to the Services and operation or use of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. KindRun shall not be liable should for any modifications, interruptions, outages, downtimes or disruptions to the Services. KindRun reserves the right to modify or discontinue the Services with or without notice.

12. Disclaimer of Warranties

YOU USE OUR SERVICES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR IN THE SERVICES PROVIDED BY US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND SERVICES AVAILABLE THROUGH IT IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PHYSICAL INJURY, LOSS OF LIFE, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KINDRUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT KINDRUN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, KINDRUN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD-PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.  IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, KINDRUN’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and to hold harmless KindRun, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) (collectively, “Claims”) arising, resulting from or relating to: (a) your use of the Services or your inability to use the Services; (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms, including in connection with any Claim that any content provided through the Services violates the rights of any third party; or (c) your intentional or negligent misrepresentation or misuse of information, including confidential information and intellectual property. Your agreement to defend, to indemnify, and to hold KindRun (and its officers and directors) harmless applies whether any Claim against KindRun is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a Claim that the Services caused damage to you or to any third party and/or your use and access to the Services. This indemnification section shall survive your termination of or cessation of use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. KindRun reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of KindRun.

15. Dispute Resolution Procedure- Binding Arbitration Required

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US.

You agree that any dispute between you and KindRun arising out of or relating to these Terms or our Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below:

  • Before filing a claim against KindRun, you agree to try to resolve the Dispute informally by contacting compliance@kindrun.com. If we cannot resolve the Dispute within fifteen (15) days after contacting us, you may bring a formal proceeding.
  • If you and KindRun are unable to resolve a Dispute formally, you and KindRun agree to resolve any Disputes through final and binding arbitration, except either you or KindRun may assert claims, if they qualify, in small claims court in Suffolk County, Massachusetts, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
  • You can decline this agreement to arbitrate by contacting compliance@kindrun.com within thirty (30) days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.
  • The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in the United States county where you live or work, Suffolk County, Massachusetts, or any other location we agree to.
  • The AAA rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, KindRun will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

16. Limitation on Claims

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You may only resolve Disputes with KindRun on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

17. Governing Law and Venue

Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and KindRun, without regard to conflict of law or choice of law rules. We make no representation that our Services is appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services you agree to do so subject to the laws of Massachusetts and the United States. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and KindRun agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Suffolk County, Massachusetts. Both you and KindRun consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

18. Hyperlinks

The Services, including our websites, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.

19. Modification to These Terms

From time to time, KindRun may modify these Terms, so you should periodically review them for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Terms in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of then-current version of these Terms.

20. Your Privacy

Please read KindRun’s Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using the Services you agree to KindRun’s Privacy Policy.

21. Health Information Disclaimer

You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available from an authorized cannabis retailer on the KindRun Site have not been evaluated by the FDA.  Neither the products listed for sale through the KindRun Site nor the ingredients in any of the products have been approved or endorsed by the FDA or any regulatory agency.  The products available on the KindRun Site are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals.  The information provided 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 cannabis products.

22. Miscellaneous

If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by KindRun, in our sole discretion, to a third party in the event of a merger or acquisition. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and use of our Services. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event of termination of these Terms or our Services, the provisions in these Terms that by their nature are continuing shall survive such termination, including but not limited to the indemnification and hold harmless obligations, disclaimers and limitations of liabilities.

23.  Electronic Contracting

The parties desire to facilitate certain transactions pursuant to these Terms by exchanging documents, records and signatures electronically or by utilizing electronic agents.  The use of electronic facilities or agents shall be in accordance with procedures established by KindRun and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the Commonwealth of Massachusetts.

24.  Contacting Us

If you have any questions or comments regarding these Terms, please contact us at compliance@kindrun.com.