Terms of Service & Site User Agreement
We wanted to as much non-lawyer language as possible here. Your use of our site is acceptance by you of the terms and conditions of this Agreement. If anyone else uses your registration information or account, he or she is also subject to the terms of this Agreement. We ask, and you agree, that any such user has read this Agreement and accepts it. Remember that this Agreement is intended to make everyone’s use of our site easier and better.
If you have any suggestions, ideas or questions about this Agreement or our site, please do not hesitate to let us know. We value your feedback and want to improve the website. Www.DankMerchants.com is a website owned by Ebookmarketingplus.com LLC, a Richmond, Virginia company. DankMerchants is a brand of Ebookmarketingplus.com LLC. You are making an Agreement with Ebookmarketingplus.com LLC, “EBMP”, and its “DankMerchants” brand.
WE OFFER MARKETING INFORMATION
DankMerchants is only a website. Our site acts as the resource for consumers and businesses that want to promote their company. If there is a dispute by a user or between users, or with any software products we reference, we want to know about it. But keep in mind that we are simply a resource, and in order to protect ourselves, you agree that you will not bring us into any dispute that may arise between users. In order to do so, you agree to indemnify us (pay all fees and costs) associated with our involvement in your dispute and to release DankMerchants, its officers, employees, and agents from all claims, demands and damages, actual and consequential, of every kind and nature, known or unknown, in any way connected with such disputes.
We do everything we can to create a positive experience for all users, and we will act promptly on your complaints, but we cannot control the conduct of other users or the businesses we reference on DankMerchants. We also provide you with links to other sites not controlled or owned by DankMerchants. You agree that we are not responsible for the content and hold us harmless against any liability resulting from your use of these sites.
We want adults and companies that self-identify as cannabis users or retailers on our site. If you are not interested in cannabis, please do not use DankMerchants. In order to register as a user you must meet our requirements; be at least 21 years of age or a cannabis business owner or employed at a cannabis retail business. By using our site, you represent that you are one of these.
The use of the DankMerchants is for information purposes only. So by registering and using the site, you agree that you will not use any of the information available to compete against us online. No competitors are permitted to register or otherwise gain access to our site or information, so you agree that you won’t give your user registration information out except to trusted business partners or associates. Non-registered users may not access subscriber’s account without written consent from DankMerchants. Subscribers certify that their reason for accessing the site is not a direct or indirect attempt to compete or gain a competitive advantage in relation to DankMerchants. Our services are only available to individuals and companies that can form legally binding contracts under applicable law. By agreeing to the terms and conditions stated within this document you are certifying that you have met DankMerchants’s subscriber requirements. Violation of these requirements may result in the immediate termination of subscriber’s account without notice or warning and any additional civil or criminal remedies available at law. Subscriber agrees to bear any and all costs associated with any action resulting from the above subscriber requirements.
WE ARE A RESOURCE
DankMerchants is a digital marketing information service only. We want you to use our site to learn about cannabis retailers. You agree that you will not duplicate, copy, compile, reproduce, republish or resell for any commercial purpose any information on our site and not use any device, software or routine that may interfere with the operation of the site. You also agree that DankMerchants and you are independent contractors and no partnership, joint venture, agency, employer/employee, franchisor/franchisee, or any other relationship exists or is intended to be created by this Agreement or your use of the site. In addition, part of our service is email communications with our users. By using our service, you agree that we may send you email, that you have elected to participate in our email program, that DankMerchants may forward email messages to you and that you further elect to receive electronic messages without limitation from DankMerchants or its business partners or associates.
All content on our site (e.g., documents, videos, audio, text, applications, graphics, forums, logos, trademarks, information, and software) is the property of DankMerchants or its copyright owner and is protected by U.S. and international copyright, trademark and other intellectual property laws. We authorize you to view and download a single copy of the site content for your personal use. The content on our site may not be distributed, copied or displayed, reproduced or transmitted in any form or manner whatsoever unless you have previously obtained permission from an authorized officer of DankMerchants. Content that you buy from e-commerce platforms is subject to the rules of that website (e.g. buying books from Amazon from a link on DankMerchants).
You know the value of being a registered user. If you are a Free plan as a subscriber there is no charge to use DankMerchants. If you are registering for Bronze, Silver or Gold plans, “Premium Accounts” plans, then we will charge you Fees (as defined below). In order to access our Premium Account services, you will be required to formally register and create an account. There are two ways way to pay for this Premium Account. 1-We will bill your credit/debit card automatically on your billing date for next service term (monthly). With respect to Premium Accounts created using a credit card, you give the following authorization:
I authorize automatic credit or charge card billing by Ebookmarketingplus.com LLC, “EBMP”. I agree that the charges described above will be billed by EBMP to any credit or charge card that I have provided to DankMerchants in my Premium Account information, or otherwise when I applied for the subscription services provided hereunder. I understand that all fees and charges are nonrefundable. I agree that EBMP will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.
2-We may accept cryptocurrency payments for annual subscriptions. Please email us to inquire about Bitcoin, Ethereum, or other cryptocurrencies.
Subscription charges commence upon the date your Premium Account service subscription is activated and will be billed to you each month (for monthly subscriptions) or year (for annual subscriptions) thereafter. Your subscription will be automatically renewed unless you cancel prior to the renewal date. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. You agree to pay all fees and charges, including applicable taxes, incurred through your Premium Account at the rates in effect for the billing period in which such fees and charges are incurred (collectively, “Fees”). We reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, at any time by changing our standard rates. You, therefore, agree to check our standard rates from time to time and in each case prior to incurring any charges. Changes to standard subscription rates will be posted in our member pages.
You can cancel your account any time before your monthly billing date and no further charges will be assessed. In the event that you cancel your subscription, the unexpired portion of your subscription will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or another form of credit. After you cancel, you will be able to access the site until your prepaid time is completed.
Any free trials offered by DankMerchants in any form or through any media outlet are only valid for companies/individuals who are new to DankMerchants. They cannot be used in set of multiples or combined with any other offers.
WE RESPECT OUR USER BASE
We have built the DankMerchants site for your use to learn and share. We try to guard our users against those that may attempt to take advantage of others or who simply do not follow the rules. Therefore, you understand that we have the right to terminate any user’s registration or any user’s access to the site, at any time, in our sole and independent discretion and judgment. If you are submitting content to our site (e.g. through the forums or directory), you warrant and represent that the information is accurate, that you are authorized to submit the information, and that the information content, format, and delivery method is appropriate. In order to protect each user, we reserve the absolute right to review, reject or modify the information submitted in our sole and independent discretion. By transferring the information you agree that DankMerchants, its affiliates, and assigns are licensed to use the information in a manner we deem reasonable in our sole and independent judgment.
Small businesses change all the time. And our website is no different. So, we are constantly looking at how to make it better. Every time we make it better, we make changes and updates. Some of the changes we make will be to this Agreement from time to time. You agree that we can make changes in our sole and independent discretion to this Agreement and the site, post it on the site and you will re-visit this page periodically, abide by any changes and be bound by the terms.
DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Although DankMerchants strives for accuracy in all elements of the site, it may contain inaccuracies or typographical errors. Therefore, WE PROVIDE THE DANKMERCHANTS WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU USE THE SITE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty related provision may give you specific legal rights and you may also have other legal rights which vary from state to state. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE MONTH, OR B) $50. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. You agree as a registered user to indemnify and hold harmless DankMerchants from all damages resulting from claims made against DankMerchants relating to both your authorized use and misuse of this site.
DankMerchants is focused on the business of providing a digital information service. You, therefore, agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving DankMerchants, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Richmond, Virginia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or DankMerchants may seek any interim or preliminary relief from a court of competent jurisdiction in Richmond, Virginia necessary to protect the rights or property of you or DankMerchants pending the completion of arbitration.
We want to make sure that the rules governing our relationship are well understood by all parties. In furtherance of this effort, the following general terms govern our relationship, this Agreement and your use of the site: This is the entire Agreement governing the use of the DankMerchants site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of EBMP in accordance with applicable law and the remainder of the Agreement shall remain in full force. A registered user shall pay all reasonable costs and attorney fees incurred by EBMP in enforcing the terms of this Agreement. This Agreement binds and insure to the benefit of each party’s permitted successors and assigns and DankMerchants may assign its right to payments and assign this Agreement without user’s consent. The headings in this Agreement are for convenience only and do not alter the rights and obligations of the parties.
We respect your privacy at all times. We will never sell or rent your email address, registration or profile data. We will not rent or sell lists of our members. We may collect data about a visitor’s or user’s website session for analytics purposes. This data is not sold and only used internally to make the website better.
7725 Marilea Road
Richmond, Virginia 23225
22 November 2017