Terms of Use and Conditions

These Terms of Use and Conditions (“Terms”) apply to the “Service.” The Service includes any portion of Is Not Boring, Inc.’s (“Is Not Boring”,  “INB”, “Viva”, “we”, “us”, “our”, “company”, “service”) websites, including the official corporate websites, personalized websites, and mobile applications.  

Please read our Terms carefully. This is a legal agreement with the company and all of its subsidiaries.  

By using the Service you agree to the these Terms, the Privacy Policy and to abide by our rules and guidelines.

About Is Not Boring, Inc.

Is Not Boring, Inc. is not a medical cannabis collective, cooperative or delivery service. Our Service offers to 1) receive information from medical cannabis patients, 2) perform patient pre-verification checks in compliance with all applicable laws and regulations, and 3) provide a virtual environment, e.g. websites and mobile application, through which patients and lawfully operating collectives, cooperatives, and delivery services may establish a relationship for the provision of medical cannabis.

Is Not Boring, Inc. does not provide nor does it intend to provide medical cannabis delivery services to medical cannabis patients. It is the sole responsibility of the third party collective, cooperative, or delivery service to provide delivery and other services in compliance with applicable laws and regulations.  

Eligibility  

To use the Service you must:  

  1. be at least twenty-one (“21”) years old,
  2. be a California resident with valid California identification, i.e., a driver’s license, state issued ID, or passport.
  3. have a valid medical cannabis recommendation from a licensed medical doctor or are the primary caregiver for such a patient
  4. provide accurate, complete, and up-to-date user account information
  5. acknowledge that the service is solely for qualified patients residing in California
  6. acknowledge that you are familiar with and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical marijuana
  7. acknowledge that any of the aforementioned activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws, i.e. California’s Compassionate Use Act, California Health & Safety Code 11362.5 and SB420, California Health & Safety Code 11362.7-.83.  
  8. acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of marijuana is illegal under federal law and that individuals are subject to arrest and/or prosecution by federal officials.
  9. acknowledge and agree that the service neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceedings, investigation, litigation, or prosecution.

The Service

Products and Descriptions, Specifications, Availability:

  1. Is Not Boring, Inc. is not responsible for the product descriptions hosted on the website or mobile application. Product and service descriptions are the sole responsibility of the third party collective, cooperative, or delivery service.
  2. Is Not Boring, Inc. does not warrant that the product, service descriptions, or specifications are accurate complete, reliable, current, or error-free.  
  3. If the product or services displayed does match what you receive, your only remedy is to contact the collective, cooperative, or delivery service that provided it. Is Not Boring, Inc., may, at its sole discretion, facilitate communication with the collective on your behalf.
  4. Except where otherwise noted, the list prices displayed for products and services on the Service are set by a third party collective, cooperative or delivery service and are subject to change without notice. These prices represent the full retail prices, excluding taxes and any applicable fees. Taxes and fees are displayed in the shopping cart prior to payment.
  5. We reserve the right to correct any pricing errors on the service at any time.
  6. Because the product and service is provided by a third party collective, cooperative or delivery service - availability of a product or service may change without notice.
  7. We may limit the processing of an order to particular jurisdictions and as permitted by applicable law.  
  8. While we try to  confirm orders by email, your receipt of an email order does not constitute our acceptance of an offer to process your order for the third party collective, cooperative, or delivery service.  The delivery / receipt of the product shall be the sole evidence of our acceptance to process your order.

Cancellation 

Once an order is submitted for processing, patients must contact the third party collective, cooperative or delivery service, through which the product is provided, directly for any cancellations.  

Refunds

Any fees charged for the application or service are due immediately and non-refundable. This policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Service either planned, accidental or intentional or for any reason whatsoever.

At any time, and for any reason, we may provide a full or partial refund for services provided. The amount and form of such refunds are at our sole and absolute discretion. A refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate us to provide a refund in the future, under any circumstance.

Communications

By using this service you agree that any notices, agreements or disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including the requirement that such communication be in writing.

Certain communications are critical to your account and cannot be disabled. Critical communications include notices about your account, payment authorizations, change in password or Payment Method, confirmation e-mails, and other transaction information.

Promotional communications (e.g. newsletters, customer surveys, or feedback requests) are optional. If you do not wish to receive them, you may opt via links provided in the emails.  

Copyright

All information, materials, functions and other content  (including submissions as defined in the “Submissions” section below) provided on this Service, e.g. text, graphics, images, video, audio, logos, computer code, and other content is the property of Is Not Boring, Inc. or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on this Service is our exclusive property and is protected by the U.S. and international copyright laws.  Except as stated herein or as otherwise provided in an express authorization from us, no material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Service is strictly prohibited and will result in termination of the Service.

Trademarks

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Service are registered and unregistered Trademarks of Is Not Boring, Inc. or Trademarks of our licensors and are protected under trademark and other laws. Nothing on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Service. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

LICENSE

Subject to the Terms and our privacy policies, Is Not Boring, Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service only for your personal, non-commercial use. You further agree not reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Service for any purpose other than your non-commercial private use, without express written agreement to do so.

Your Content and Other Submissions

For purposes of these Terms, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Service.

If you transmit to us, post, or upload Submissions to or through this Service, you grant us and our affiliates a non-exclusive, royalty-free, fully paid up, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, create derivative works, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. You waive any rights you may have regarding your Submissions being altered or manipulated in any way that may be objectionable to you. This license will continue even after you stop using the Service. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service and third party social media sites, such as Facebook and Instagram.

By communicating a Submission to us, you present and warrant that the Submission and your communication thereof conform to the “Rules of Conduct” set forth below and all other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms. You agree to pay for all royalties, fees and any other monies owing any person by reason of content you post on or through the Service. You also acknowledge and agree that your Submission is non-confidential and non-proprietary.

You understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

Rules of Conduct

By using Is Not Boring, Inc. you agree that you will not use the Service for any purpose that is unlawful or prohibited by these Terms:  

  1. No Distribution You must not distribute or sale medical cannabis to non-members of third-party collective, cooperative.

  1. No Advertising  You agree not to submit content that is commercial, business related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

  1. No Infringing Submissions You agree not to submit content that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation.

  1. No Abusive Submissions You agree not to submit any content that is defamatory, abusive, harassing, threatening, or an invasion or a right of privacy or another person; bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity.

 

  1. No Illegal Content / Submissions  You agree not to submit any content that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in child ponography, stalking abuse, sexual assualt, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft or conspiracy to commit any criminal activity.

  1. No Illegal Access You agree not to access Is Not Boring, Inc. from jurisdictions / territories where access or use thereof of is illegal or strictly prohibited.

  1. No Harassment or Unauthorized Data Collection  You agree not to defame, harass, abuse, threaten, stalk or defraud users of Is Not Boring, Inc., or collect, or attempt to collect, personal information about users or third parties without their express written consent.

  1. No Malware You agree not to intentionally interfere with or damage, impair, or disable the operation of Is Not Boring, Inc., including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

  1. No Rights or Copyright  Circumvention You agree not remove, circumvent, disable, damage or otherwise interfere with any security related features of Is Not Boring, Inc. that prevents or restricts use or copying of any content accessible through Is Not Boring, Inc..

  1. No Unauthorized Access  You agree not to attempt to gain unauthorized access to Is Not Boring, Inc.’s other accounts, computer systems or connected networks through hacking, password mining, or any other means or interfere with the proper working of Is Not Boring, Inc..

  1. No modification You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Is Not Boring, Inc.. You agree to not modify or use modified versions of Is Not Boring, Inc. for the purpose of obtaining unauthorized access to Is Not Boring, Inc..

  1. No Scraping  You agree that you will not use any robot, spider, scraper, or other automated means to access the service for any purpose without Is Not Boring, Inc.’s express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the website.

  1. No Framing or Other Misappropriation You agree not to utilize framing techniques to enclose any trademark, logo, or other Intellectual Property without Is Not Boring, Inc.’s express written consent. You agree not to use any meta-tags or any other “hidden text” utilizing Is Not Boring, Inc.’s name or trademarks without our express written consent.

  1. No improper Linking You will promptly remove any links that Is Not Boring, Inc. finds, in its sole discretion, to be objectionable. You agree not to use Is Not Boring, Inc.’s logos, graphics, or trademarks as part of the link without express written consent.

  1. No Spam You agree to not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of Is Not Boring, Inc. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of advertising, chain mail, informational announcements, charity requests and petitions for signatures.

  1. No reverse engineering You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law or made expressly available, notwithstanding this limitation.

  1.  No modifications or derivative You agree not to modify, adapt, translate, or create derivative works based upon the service or any part thereof, except and only to the extent that such activity is expressly permitted and made available or by applicable law notwithstanding this limitation.

Removal

We reserve the right to monitor, review, refuse to post, communicate, or remove any Submission from the Service for any reason, including for activity which, in its sole judgment: violates the about Rules of Conduct, these Terms or applicable laws, or regulations.  We also retain all rights to remove Submissions at any time for any reason or no reason whatsoever.  

Termination

The term of this agreement begins when you begin utilizing Is Not Boring, Inc. and continues as long as you use the service. You may terminate this agreement by ceasing use of the service at any time and for any reason, by deactivating your account and removing any applicable portion of the service from your device or website.  

Is Not Boring, Inc. may also terminate this agreement at any time, for any reason, with or without cause or notice by suspending your account. You agree that Is Not Boring, Inc. is not liable to you or any third-party for any termination or your access to the service. You agree to not attempt to use the service after termination.

Third Party Interactions

During use of the 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. Any such activity, and any terms, conditions, warranties or representations associated with such activity, and any terms, conditions, warranties or representations associated with such activity, is soley between you and the applicable third-party.  Is Not Boring, Inc. and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Is Not Boring, Inc. does not endorse any sites on the Internet that are linked through the Service, and in no event shall Is Not Boring, Inc. or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.  Is Not Boring, Inc. provides the Service to you pursuant to the Terms. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Is Not Boring, Inc. disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Sharing Information with Third Parties

Is Not Boring, Inc. may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service.  By agreeing to these Terms you agree to receive such advertising and marketing.  The Service may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. 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.  

Warranties

The Service is provided  “as is” and on an “as available” basis, without any warranty of any kind, expressed or implied.  We make no guarantees as to the completeness of the service.

Is Not Boring, Inc. disclaims all warranties and conditions of merchantability, fitness for a particular purpose and noninfringement, and any warranties arising out of course of dealing or usage of trade.

The Agreement

  1. Changes to the agreement

From time to time we may make changes, in our discretion, to the Terms. Any changes that we make to the Terms will be posted on our website. If we, in our sole discretion, deem the changes to the Terms to be significant, we will send the updated terms to the last email address you have provided. If you do not agree to the updated terms, you may cease use of the service at any time.  The new Terms will be effective immediately and applied to your continued use of the service. We may also change the service or any features of the service at any time.

  1. Entire Agreement

The Terms together with the Privacy Policy and any addendums or additional agreements entered into with Is Not Boring, Inc. constitutes the entire agreement between you and Is Not Boring, Inc. and supersedes any prior agreements made in relation to Is Not Boring, Inc..

  1. Severability

Should any provision of the Terms be deemed invalid or unenforceable for any reason, that specific provision will be eliminated but will not have the effect of invalidating, or making unenforceable the remaining provisions of the Terms. Further that provision shall be enforceable to the extent permitted by law.

  1. Waiver 

No waiver by Is Not Boring, Inc. of any of the terms, provisions or rights created by the Terms or Privacy Policy shall be deemed a further continuing waiver of that term or any other term or rights. Further, Is Not Boring, Inc.’s failure to assert any rights or provisions under the Terms shall not constitute a waiver of such right or provision.

  1. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without prior written consent by Is Not Boring, Inc., but may be assigned by Is Not Boring, Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  1. Governing Law

This agreement is subject to the laws of the state of California, without regard to choice of law or conflict of law principles. Further, you and Is Not Boring, Inc. consent to the exclusive personal jurisdiction of the state and federal courts located in San Francisco County, California to resolve any dispute, claim or controversy that arises in connection with this agreement.

Dispute Resolution

For any disputes or claims you have involving Is Not Boring, Inc. you agree to first contact us at support@joinviva.com and attempt to resolve the dispute or claim informally.

If Is Not Boring, Inc. has not been able to resolve the dispute with you informally, we each agree to resolve any claim or controversy (excluding claims for injunctive or equitable relief) arising out of and relating to these Terms by binding arbitration in San Francisco, CA, governed by the laws of the State of California, before a sole arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect for JAMS, except as provided herein. We further agree that a judgment of any court having jurisdiction may be entered upon the award. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court located in San Francisco, CA.

The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

You and Is Not Boring, Inc. agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. No arbitrator shall consolidate another person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

Indemnity

You agree to indemnify and hold Is Not Boring, Inc. and each of its shareholders, parents, subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), its suppliers, licensors, and partners, and the officers, directors, employees, agents, representatives  and assignees harmless from and against any and all claims, losses, obligations, damages arising out of: (1) your misuse of the service (2) your violation of these Terms (3) your violation of the rights of any other person or entity and (4) your breach of any of the foregoing representation, warranties and covenants.  Is Not Boring, Inc. 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.

Limited Liability 

To the extent permitted under applicable laws, Is Not Boring, Inc., or any of it’s shareholders, directors, officers, employees or licensors shall not be liable (jointly or severally) to you for  a) personal injury, or any indirect incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible loss resulting from your access or use of or inability to access or use the service, or b) any conduct or content of any third party collective, cooperative, dispensary or website, including and without limitation, offensive or illegal conduct of a third party collective, cooperative, dispensary or website.

Force Majeure Events 

Is Not Boring, Inc. shall not be liable for any failure or delay in performance under these Terms which might be due to strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, inability to obtain delivery of parts, supplies or labor, labor conditions, earthquakes, acts of terrorism, or any other cause which is beyond the reasonable control of such party.

Changes to Terms

All terms and conditions subject to change without notice.

Contact

If you have any questions about the Terms of Use and Conditions please contact us at support@joinviva.com.