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POT SHOP GUIDES TERMS OF USE

Please carefully read the following terms and conditions.

1.    ACCEPTANCE OF TERMS OF USE

Pot Shop Guides, LLC. ("Pot Shop Guides") provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "PotShopGuides.com.")  By accessing or using PotShopGuides.com, you are a "user" and you accept and agree to the terms below (the "Terms of Use") as a legal contract between you and Pot Shop Guides. The Terms of Use include and incorporate additional terms ("guidelines") applicable to particular categories or services available on PotShopGuides.com as set forth to users upon access to such categories or services. Pot Shop Guides may post changes to the Terms of Use at any time, and any such changes will be applicable to all subsequent access to or use of PotShopGuides.com.

If you do not accept and agree to all provisions of the Terms of Use, now or in the future, you may reject the Terms of Use by immediately terminating all access and use of PotShopGuides.com, in which case any continuing access or use of PotShopGuides.com is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on PotShopGuides.com.

PotShopGuides.com is intended and designed for users twenty one (21) years of age and older, and access or use by anyone younger is not authorized.

The Terms of Use grant you a limited, revocable, nonexclusive license to access PotShopGuides.com and use PotShopGuides.com, in whole or in part, including but not limited to PotShopGuides.com intellectual property therein, solely in compliance with the Terms of Use.

"PotShopGuides.com" are trademarks of Pot Shop Guides, LLC and are protected by United States and international laws. The Terms of Use do not authorize you to use “Pot Shop Guides or  "PotShopGuides.com" or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with PotShopGuides.com.

MODERATION OF CONTENT

Pot Shop Guides has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via PotShopGuides.com by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of PotShopGuides.com) by any user (or any other third party in any manner); and to enforce the Terms of Use, for any reason and in any manner or by any means that Pot Shop Guides, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Pot Shop Guides may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Pot Shop Guides action or inaction to regulate content or conduct or to enforce against any potential violation of the Terms of Use by any user (or any other third party) does not waive Pot Shop Guide’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential Terms of Use violation.

You also understand and agree that any action or inaction by Pot Shop Guides or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Pot Shop Guides Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither Pot Shop Guides nor any Pot Shop Guides Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the Terms of Use.

Although Pot Shop Guides Representatives may moderate content, conduct and Terms of Use compliance on PotShopGuides.com at Pot Shop Guide’s discretion, Pot Shop Guides Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Pot Shop Guides will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of Pot Shop Guides will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Pot Shop Guides Representative (or by anyone else acting on behalf of Pot Shop Guides or by anyone purportedly acting on behalf of Pot Shop Guides) that Pot Shop Guides (including but not limited to any Pot Shop Guides Representative, anyone else acting on behalf of Pot Shop Guides, or anyone purportedly acting on behalf of Pot Shop Guides) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that Pot Shop Guides, Pot Shop Guides Representatives and anyone else authorized to act on behalf of Pot Shop Guides shall in no circumstance be liable as a result of any representation that Pot Shop Guides, a Pot Shop Guides Representative or anyone else on behalf of Pot Shop Guides would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Pot Shop Guide’s Managing Partner and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Pot Shop Guides also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of PotShopGuides.com at any time without notice. Pot Shop Guides and Pot Shop Guides Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

CONTENT AND CONDUCT

Content

Pot Shop Guides does not control, is not responsible for and makes no representations or warranties with respect to ANY posted content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from PotShopGuides.com includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via PotShopGuides.com); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to PotShopGuides.com would violate these Terms of Use or Pot Shop Guide’s other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on PotShopGuides.com and all such prohibitions are expressly incorporated into these Terms of Use as stated in section 1 above.

You automatically grant and assign to Pot Shop Guides, and you represent and warrant that you have the right to grant and assign to Pot Shop Guides, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to Pot Shop Guides all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold Pot Shop Guides and Pot Shop Guides Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the Terms of Use. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Pot Shop Guides or Pot Shop Guides Representatives.

ii.  Conduct

Pot Shop Guides does not control, is not responsible for, and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, and research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to PotShopGuides.com, and, if you create an account on PotShopGuides.com, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold Pot Shop Guides and Pot Shop Guides Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to PotShopGuides.com or Pot Shop Guides, and related to or arising out of any conduct or activities on, through or by use of your PotShopGuides.com account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Pot Shop Guides or Pot Shop Guides Representatives.

POSTING AND ACCOUNTS

This section 4 applies to all uses and users of PotShopGuides.com, unless Pot Shop Guides has specifically authorized an exception to a particular term for a particular user in a written agreement. Pot Shop Guides has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

i. Postings

PotShopGuides.com is intended and designed as a local service. A user may post content only to the single specific geographic area offered on PotShopGuides.com for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on PotShopGuides.com without the email consent of Pot Shop Guides.

The same or substantially similar content may not be posted in more than one PotShopGuides.com category. A user may post content only in the single PotShopGuides.com category to which it is most relevant, and must not post content to inappropriate categories.

Where a PotShopGuides.com category provides specific subcategories for posts by particular types of users, a user may post content only in the single user sub-category most accurate for that user.

Users may not circumvent any technological measure implemented by Pot Shop Guides to restrict the manner in which content may be posted on PotShopGuides.com or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent PotShopGuides.com accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to PotShopGuides.com on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to PotShopGuides.com using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Pot Shop Guides for each instance of access to PotShopGuides.com (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on PotShopGuides.com. Users may not post content or communicate with any PotShopGuides.com user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

ii. Accounts

A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Terms of Use.

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

A user must only use his/her own account, and may not use any account of another.

The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.

UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of PotShopGuides.com, unless Pot Shop Guides has specifically authorized an exception to a particular term for a particular user in a written agreement. Pot Shop Guides has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of PotShopGuides.com for its users, access to PotShopGuides.com and/or activities related to PotShopGuides.com that are harmful to, inconsistent with or disruptive of PotShopGuides.com and/or its users' beneficial use and enjoyment of PotShopGuides.com are expressly unauthorized and prohibited. For example, without limitation:

The collection of PotShopGuides.com users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of PotShopGuides.com or any content posted on PotShopGuides.com whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access PotShopGuides.com without individual written agreements executed with Pot Shop Guides that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant PotShopGuides.com website, service, forum or content; (b) they access PotShopGuides.com from a stable IP address using an easily identifiable agent; and (c) they comply with PotShopGuides.com robots.txt file; provided however, that Pot Shop Guides may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access PotShopGuides.com without their own written agreement executed with Pot Shop Guides), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of PotShopGuides.com to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with PotShopGuides.com (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access PotShopGuides.com or copy, display, distribute, perform or create derivative works from PotShopGuides.com webpages or other Pot Shop Guides intellectual property in violation of the Terms of Use or for purposes inconsistent with the Terms of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on PotShopGuides.com or any provision of the Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of PotShopGuides.com webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs are "technological measures" that effectively control access to copyright-protected components of PotShopGuides.com and rights of Pot Shop Guides pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of PotShopGuides.com in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities that are inconsistent with use of PotShopGuides.com in compliance with the Terms of Use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of PotShopGuides.com in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Use.

USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

Pot Shop Guides and Pot Shop Guides Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research or due diligence with respect to your interactions with others.

You agree to indemnify and hold Pot Shop Guides and Pot Shop Guides Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Pot Shop Guides or Pot Shop Guides Representatives.

FEES

Pot Shop Guides may charge a fee to post content or for other features, products, services or licenses. You are responsible to Pot Shop Guides for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize Pot Shop Guides, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Pot Shop Guides or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Pot Shop Guides reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON POTSHOPGUIDES.COM AND CONTENT ACCESSED THROUGH
POTSHOPGUIDES.COM IS ENTIRELY AT YOUR OWN RISK. POTSHOPGUIDES.COM (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, POT SHOP GUIDES ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF
POTSHOPGUIDES.COM AND CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON POTSHOPGUIDES.COM OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

LIMITATIONS OF LIABILITY

Pot Shop Guides AND Pot Shop Guides REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF POT SHOP GUIDES OR ANY POT SHOP GUIDES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM; ANY INABILITY TO ACCESS OR USE POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF POTSHOPGUIDES.COM OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF PotShopGuides.com OR CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON POTSHOPGUIDES.COM AND LINKS IN CONTENT ACCESSED THROUGH POTSHOPGUIDES.COM).

You hereby release Pot Shop Guides and each of Pot Shop Guide’s Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Pot Shop Guides or content accessed through PotShopGuides.com, or any interactions with others arising out of or related to Pot Shop Guides or content accessed through PotShopGuides.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please send written notice to: Manager/Pot Shop Guides, LLC,
16748 E. Smoky Hill Rd 9C #172, Centennial, CO 80015

INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the Terms of Use may cause Pot Shop Guides immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms of Use or other applicable legal requirements, Pot Shop Guides has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms of Use. In addition to any and all other remedies available to Pot Shop Guides in law or in equity, Pot Shop Guides may seek specific performance of any term in the Terms of Use, including but not limited to by preliminary or permanent injunction.

DAMAGES

In addition to any injunctive relief, you agree to pay to Pot Shop Guides the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to Pot Shop Guides as described in the following schedule: First violation: $2500.00; second violation: $5,000; third and each subsequent violations: $10,000.

Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Pot Shop Guide’s damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

PRIVACY

Pot Shop Guides has established a privacy policy covering the collection, use, and disclosure of user information: http://potshopguides.com/index.php/privacy-policy.html


MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Pot Shop Guides and supersede any prior written or oral agreement. Other than the Pot Shop Guides Representatives (who are expressly included as named third-party beneficiaries of the Terms of Use), there are no third-party beneficiaries to the Terms of Use.

Any and all claims, causes of action or disputes (regardless of theory) between you and Pot Shop Guides arising out of or related to the Terms of Use, Pot Shop Guides or content accessed through PotShopGuides.com shall be governed by the laws of the State of Colorado without regard to conflict or choice of law principles. You and Pot Shop Guides agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the City of Aurora and County of Arapahoe, Colorado, and you and Pot Shop Guides agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable, all other provisions of the Terms of Use shall remain in full force and effect.

Last Updated: May 5, 2014

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