Terms and Conditions
Updated March 3, 2025
The web application located at www.BudsFeed.com (the “App”) is a copyrighted work belonging to BudsFeed LLC. (“BudsFeed,” “Us,”“Our,” and/or “We”), and its affiliates, subsidiaries, and other related companies. BudsFeed developers and moderates the app at BudsFeed.com, and also has ownership of BudsFeed.co, BudsFeed.net, BudsFeed.org, BudsFeed.biz, BudsFeed.us, BudsFeed.tv, BudsFest.com, BudsFest.co, BudsFest.net, BudsFest.org, and related sub-domains that host content and conversations related to the economic expansion of cannabis and its impact on industries ranging from agriculture and science to personal care and recreation. We highlight cannabis-related products, news stories, and other original and/or user generated content (collectively, with all other services provided through the App, the “Services”). Certain features of the App or Services may be subject to additional guidelines, terms, or rules, which will be posted on the App or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our App and/or Services.
THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE APP AND SERVICES. BY ACCESSING OR USING THE APP OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE APP OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE APP OR SERVICES. IF YOU ARE USING THE APP OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS 4.2 PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. IMPORTANT DISCLAIMERS. 
ALL INFORMATION CONTAINED ON THE APP (OR ANY OF IT’S DOMAINS) AND IT’S SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY BUDSFEED ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY, ON MOST OFTEN USER GENERATED. BUDSFEED DOES NOT INDIVDUALLY ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE APP OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). BUDSFEED IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY BRAND, PRODUCT, SERVICE PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE APP OR SERVICES. BUDSFEED IS NOT OBLIGATED TO SCREEN ANY PRODUCT, SERVICE, STARTUP, AGRICULTURAL OPERATION, TECHNOLOGY OPERATION, DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, NOR IS IT OBLIGATED TO REVIEW ANY CLAIMS THEY MAKE OR DEALS THEY OFFER TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR INFORMATION THEY PROVIDE. ACCORDINGLY:
  • BUDSFEED DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE APP AND SERVICES, OR WITHIN ANY OF BUDSFEED’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND BUDSFEED-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., PRODUCT HIGHLIGHTS, ATTRIBUTES, IMAGES AND OTHER INFORMATION). THE INFORMATION ON THE APP AND SERVICES AND PROVIDED VIA BUDSFEED’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APP, SERVICES, OR ON BUDSFEED’S SOCIAL MEDIA PAGES, PUBLIC CHANNELS, AND CHATS.
  • ACKNOWLEDGEMENT OF FEDERAL LAW: USER EXPRESSLY ACKNOWLEDGES THAT BUDSFEED IS FOR RESIDENTS WITH LAWS REGULATING MEDICAL OR THE RECREATIONAL USE OF CANNABIS ONLY AND THAT MEDICAL CANNABIS COLLECTIVES AND PATIENTS ARE ESTABLISHED PURSUANT TO THEIR RESPECTIVE STATE LAWS. MARIJUANA IS INCLUDED ON SCHEDULE 1 UNDER THE UNITED STATES CONTROLLED SUBSTANCES ACT. UNDER THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA, 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. CLIENT ALSO ACKNOWLEDGES THAT THE INTERSTATE TRANSPORTATION OF MARIJUANA IS A FEDERAL OFFENSE.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.

2. ELIGIBILITY AND ACCOUNTS
2.1 Eligibility. You must be 21 years of age or a qualified medical marijuana patient to use the App and/or Services within the United States.

2.2 Account Creation. In order to use certain features of the App (e.g., to use the Services), you must register for an account with BudsFeed (“BudsFeed Account”) and provide certain information about yourself as prompted by the App registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one BudsFeed Account. BudsFeed may suspend or terminate your BudsFeed Account in accordance with Sections 6.4 and 11.

2.3 Account Deletion. You may delete your BudsFeed Account at any time, for any reason, by sending an email to support@budsfeed.com which includes your BudsFeed Account Username and your request to delete your account.

2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your BudsFeed Account login information and are fully responsible for all activities that occur under your BudsFeed Account. You agree to immediately notify BudsFeed of any unauthorized use, or suspected unauthorized use of your BudsFeed Account or any other breach of security. BudsFeed cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.5 Social Authorization. Alternatively, we may permit you to login to the App or Service or otherwise associate your BudsFeed Account with your login credentials from certain social networking Apps (e.g., Facebook and Twitter) (“SA”). If you log in or otherwise associate your BudsFeed Account with your login credentials from a SA, we may receive information about you from such SA, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SA (“SA Terms”). If you elect to share your information with these SA, we will share information with them in accordance with your election. The SA Terms of said SA will apply to the information we disclose to them. 

3. APP
3.1 License. Subject to the terms of this Agreement, BudsFeed grants you a non-transferable, non-exclusive license to use the App and Services for your personal, noncommercial use. Subject to the terms of this Agreement, BudsFeed grants you a non-transferable, non-exclusive license to install and use the software BudsFeed makes available for desktop and mobile browsers in executable object code format only, solely on your own device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the all BudsFeed apps and related content.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App or Services; (c) you shall not access the App or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the App or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the App or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any App or Services content must be retained on all copies thereof.

3.3 Modification. BudsFeed reserves the right, at any time, to modify, suspend, or discontinue the App or Services or any part thereof with or without notice. You agree that BudsFeed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or Services or any part thereof.

3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the App and Services are owned by BudsFeed or BudsFeed’s licensors. The provision of the App and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. BudsFeed and its suppliers reserve all rights not granted in this Agreement.


4. COMMUNICATIONS 4.1 Push Notifications. When you log into our desktop app, you may agree to receive push notifications, which are messages the App sends you on your browser based on actions you take. You can turn this off in your browser settings.

4.2 Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

4.3 Intercom. You agree that we may contact you via Intercom, a third party internal messaging services,. concerning our products and services, as well as those of other third parties. You may opt-out of certain or callouts by following the unsubscribe instructions provided by Intercom.

5. USER CONTENT 5.1 User Content. “User Content” means any and all information and content posts or responds to within the App or Services, including without limitation, content in the user’s profile, user postings of products, users comments about products, or what they say about product collections they make. You acknowledge and agree that BudsFeed is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BudsFeed does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.  5.2 User Content – Restrictions. You agree not to use the App, Services, or any of BudsFeed's social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) 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; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with the use of your User Account and User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by BudsFeed. You acknowledge and agree that BudsFeed is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BudsFeed does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not BudsFeed), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. BudsFeed is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.

5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to BudsFeed an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the App and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

5.5 Feedback. If you provide BudsFeed any feedback or suggestions regarding the App or Services (“Feedback”), you hereby assign to BudsFeed all rights in the Feedback and agree that BudsFeed shall have the right to use such Feedback and related information in any manner it deems appropriate. BudsFeed will treat any Feedback you provide to BudsFeed as non-confidential and non-proprietary. You agree that you will not submit to BudsFeed any information or ideas that you consider to be confidential or proprietary. 

6. ACCEPTABLE USE POLICY. The following sets forth BudsFeed’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid account and email address to seed a new product, comment on a product, or create a collection on BudsFeed. Prior to posting anything, you will need to verify your email address associated with your BudsFeed account and product posts specifically will go through a review process. You agree not to post reviews on the App, Services, or any of BudsFeed’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the App with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the App, Services, or any of BudsFeed’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about any product or its employees, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, (f) contain references to the brand or competitors other than the product or service being shared, or (g) contain unrelated personal grievances. If you are an owner, employee, or volunteer for a brand we recommend you not post reviews about your competitors products.

6.2 Photos. Image files must exclusively feature the products they illustrate and must not include messy or cluttered photographs, opened product wrapping, currency, paraphernalia, brand names, or any objects other than the product itself, official brand artwork, or official videos. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.

6.3 Technological Restrictions. In addition, you agree not to use the App or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the App or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or BudsFeed or gain unauthorized access to the App or Services, other computer systems or networks connected to or used together with the App or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the App or Services; or (g) introduce software or automated agents or scripts to the App or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the App or Services.

6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your BudsFeed Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.


7. INDEMNITY. You agree to indemnify and hold BudsFeed (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the App or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. BudsFeed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BudsFeed. BudsFeed will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE.
8.1 Third-Party Interactions. During use of the App or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, BudsFeed is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The BudsFeed shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

8.2 Third-Party Materials. The App or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties, including pricing, product names, product descriptions, product links, product social links, and visual assets. You acknowledge and agree that BudsFeed is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BudsFeed 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 and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a 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.

8.3 Deals. The App or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed products or services (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. BudsFeed displays these Deals on the App and Services as a form of advertisement for the listing brand (the “Offeror”) only. All Deals are offered 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 additional terms, conditions, or restrictions are expressly included on the App or Services. The Offeror, not BudsFeed, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

8.4 Other Users. Each user of the App or Services is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other App or Service users (including brands) are solely between you and such user. You agree that BudsFeed will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any App or Service user, we are not legally obligated to become involved.

8.5 Release. You hereby release and forever discharge BudsFeed (and our officers, employees, agents, successors, and assigns) 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), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other App or Service users, Third-Party Interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


9. DISCLAIMERS THE APP AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BUDSFEED (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE APP OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BudsFeed (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUDSFEED’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BUDSFEED IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


11. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the App or Services. We may (a) suspend your rights to use the App and/or Services (including your BudsFeed Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the App or Services in violation of this Agreement. Upon termination of this Agreement, your BudsFeed Account and right to access and use the App and Services will terminate immediately. You understand that any termination of your BudsFeed Account involves deletion of your User Content associated therewith from our App, Services, and live databases. BudsFeed will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your BudsFeed Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–14.


12. COPYRIGHT POLICY. BudsFeed respects the intellectual property of others and asks that users of our App and Services do the same. In connection with our App and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our App and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our App and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
12.1 Your physical or electronic signature;

12.2 Identification of the copyrighted work(s) that you claim to have been infringed;

12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;

12.4 Sufficient information to permit us to locate such material;

12.5 Your address, telephone number, and e-mail address;

12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 


Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for BudsFeed is:
BudsFeed Copyright Requests
BudsFeed, LLC
6371 N Towne Rd
Windsor, WI 53598


13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between you and BudsFeed arising out of, relating to or in connection with the App or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND BUDSFEED AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if BudsFeed makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to BudsFeed. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in New York. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of New York without regard to conflict of law provisions.

13.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@budsfeed.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 14.6 below.

13.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

13.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 


14. GENERAL
14.1 No Support or Maintenance. You acknowledge and agree that BudsFeed will have no obligation to provide you with any support or maintenance in connection with the App or Services. 

14.2 Changes to Terms of Use. We may amend these Terms at any time at our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our App or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.3 Copyright/Trademark Information. Copyright © 2024, BudsFeed LLC. All rights reserved. BudsFeed; the BudsFeed logo; “Bud” the BudsFeed mascot; the BudsFeed green; and the BudsFeed green cloud design (collectively, the “Marks”) are trademarks of BudsFeed LLC. You acknowledge and agree that You are not permitted to use BudsFeed’s Marks or any third-party marks displayed on our App without prior written consent from, BudsFeed LLC.

14.4 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the App and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by BudsFeed of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and BudsFeed. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BudsFeed’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

14.5 BudsFeed Contact Information: 
BudsFeed LLC
6371 N Towne Rd
Windsor, WI 53598
support@budsfeed.com



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