Terms and Conditions

User Agreement

Last updated on August 20, 2019

THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.

  1. Acknowledgment & Acceptance of Agreement

1.1 This User Agreement (‘Agreement’) is made and entered into by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report (‘Site,’ ‘We,’ ‘Us’) and each user and visitor of the thedwr.com, directory.thedwr.com and The New York Daily Weed Report  (‘You’ and ‘Your’) by clicking on an ‘I Accept’ button or similar button or link, where such action is identified as having the effect of accepting this Agreement. You may wish to print this page for reference. This Agreement sets forth the terms and conditions for your use of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report. By using or visiting the thedwr.com, directory.thedwr.com & The New York Daily Weed Report on a desktop, mobile device, or through any other format, you are agreeing to these terms and conditions. Please read them carefully.

  1. Your Rights

2.1 The thedwr.com, directory.thedwr.com & The New York Daily Weed Report grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

  1. Membership

3.1 By purchasing a Paid Service, by requesting a newsletter or other product or service, by providing your email address to receive information, by creating a new user account, or by logging into an existing user account, you are considered a the thedwr.com, directory.thedwr.com & The New York Daily Weed Report member entitled to membership benefits based on your membership type. Your Membership type determines the benefits you will receive. Please note that the benefits are only those that are listed on the Site at any given time and are subject to change with or without notice.

  1. Copyright and Trademarks

4.1 All materials available on the Site including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the “Content”) are owned or controlled by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and

other countries, international conventions, and other applicable laws.

  1. 4.2  You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation our business listings, reviews and ratings, and those business reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report. You may not download, republish, transmit, reproduce or otherwise use any Site photographs or videos as a stand-alone file.
  2. 4.3  You agree not to use any trademarks, service marks, names, logos, or other identifiers of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Consumer Reports;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Consumer Reports sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

  1. Site Tools and Communications

5.1 The thedwr.com, directory.thedwr.com & The New York Daily Weed Report may make available to users of the Site e-mail notices, newsletters, chat rooms, community forums, online chat interactive features, message boards, bulletin board services, user reviews and ratings features and tools, and other facilities or means by which users can interact with, submit content to, and otherwise communicate with the Site (the foregoing collectively referred to herein as the “Site Tools”). The Site Tools include certain features and tools that allow users of the Site to submit reviews and ratings of businesses and services (collectively, “Reviews”) and/or read reviews and ratings of businesses and services submitted by other Site users (“Review Tools”). You are solely responsible for the content of any transmissions you make using any Site Tool or otherwise to the Site, including without limitation any Review, rating, test result, story, anecdote, background, experience, question, suggestion, recommendation or other communication submitted using any Site Tool (the foregoing, collectively, “Communications”). The thedwr.com, directory.thedwr.com & The New York Daily Weed Report is not responsible for any statements, representations, descriptions, comments, or opinions in Communications transmitted using any Site Tool or otherwise posted on the Site, including without limitation any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Review Tool or the use of any content posted in a Review. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report cannot review all Communications made on or through the Site. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report and its Affiliates do not endorse or accept any

Communications as their own or representative of their views.

  1. Communicating on or through the Site
  1. 6.1  BY TRANSMITTING ANY COMMUNICATION TO THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT SUBMIT ANY COMMUNICATION USING ANY SITE TOOL OR OTHERWISE TO THE SITE (INCLUDING WITHOUT LIMITATION ANY REVIEW) AND/OR USE ANY REVIEW TOOL.
  2. 6.2  By transmitting any Communication to the Site, you grant the thedwr.com, directory.thedwr.com & The New York Daily Weed Report an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, together with any personal information transmitted with your Communications (such as name, user name and photograph), in all formats and in all media now known or later developed.
  3. 6.3  You acknowledge and agree that any Communications made to or by means of any Site Tool are public and you have no expectation of privacy in any such Communication. No confidential, fiduciary, contractually implied or other relationship is created between you and the thedwr.com, directory.thedwr.com & The New York Daily Weed Report by reason of your transmitting a Communication to any Site Tool.
  4. 6.4  The thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right, but has no obligation, to monitor the Site Tools and edit, modify or delete any Communications (or portions thereof) which the thedwr.com, directory.thedwr.com & The New York Daily Weed Report in its sole discretion deems inappropriate, offensive or contrary to any The thedwr.com, directory.thedwr.com & The New York Daily Weed Report policy, or that violate this Agreement.
  5. 6.5  You agree not to upload or distribute to, or otherwise publish through the Site or the Site Tools, any Communication which includes any of the following:

(i) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(ii) constitutes or contains false or misleading indications of origin or statements of fact;

(iii) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(iv) causes injury of any kind to any person or entity;
(v) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(vi) violates any applicable laws, rules, or regulations;

(vii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(viii) impersonates another person or entity, or that collects or uses any information about Site visitors.

  1. 6.6  With respect to your conduct while publicly posting a Review or using any Review Tool, you agree not to do the following:

(i) attempt to disguise the origin of any content transmitted;
(ii) act in any manner that could negatively affect other users’ ability to use the Site; (iii) impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(iv) upload, post or otherwise transmit any content:

(a) that is not relevant to the product, service, person or entity being reviewed or rated;
(b) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or

(c) that is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

  1. 6.7  In addition to the grant of rights described above, by transmitting Reviews to the Site, you hereby grant the thedwr.com, directory.thedwr.com & The New York Daily Weed Report the right to use on the Site the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such Reviews, if the thedwr.com, directory.thedwr.com & The New York Daily Weed Report so chooses.
  2. 6.8  You further represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) the thedwr.com, directory.thedwr.com & The New York Daily Weed Report shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
  3. 6.9  The thedwr.com, directory.thedwr.com & The New York Daily Weed Report may take any or no action with respect to Reviews submitted to the Site including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at the thedwr.com, directory.thedwr.com & The New York Daily Weed Report’s sole discretion. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report may use your user name, geographical location or other identifier to attribute authorship of Communications to you. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right to report information from Reviews to appropriate government agencies in connection with any consumer safety and related

concerns.

  1. 6.10  You hereby waive all rights generally known as “moral rights” in your Communications (including your stories, test results, ratings, and Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction. If it is determined that you retain “moral rights” (including rights of attribution or integrity) in Communications, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the Communications; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the Communications on the Site in all forms and media and all manners, including composite, digitally changed, enhanced, or distorted representations, for any lawful purpose, including but not limited to, marketing, social media, promotional materials, and any other physical or digital form; and (iii) you forever release the thedwr.com, directory.thedwr.com & The New York Daily Weed Report, its licensees and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such uses, including any claims for moral rights.
  2. 6.11  The thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right to (i) screen Communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (ii) edit, modify, remove or disable access to any content that violates these provisions or that the thedwr.com, directory.thedwr.com & The New York Daily Weed Report deems objectionable; and (iii) investigate any misuse of any Review Tool, or its systems, equipment or network. Without limitation of the foregoing, the thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that the thedwr.com, directory.thedwr.com & The New York Daily Weed Report suspects has violated any law or regulation. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
  1. Unsolicited E-Mail

7.1 You agree not to use the Site Tools or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report in connection with the Site. Any violation of this Section shall be determined by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report in its sole discretion.

  1. Your password

8.1 As part of the registration process for access to the thedwr.com, directory.thedwr.com & The New York Daily Weed Report services, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access free

or Paid Services and other products and features, and agree that the thedwr.com, directory.thedwr.com & The New York Daily Weed Report will have no obligations with regard thereto.

  1. Information Provided

9.1 You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Communications, is at your sole risk. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this UserAgreementatanytime.Youacknowledgeandagreethat the thedwr.com, directory.thedwr.com & The New York Daily Weed Report is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither the thedwr.com, directory.thedwr.com & The New York Daily Weed Report nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.

  1. Certain Communications

10.1 Please note that when you purchase, review, use, or access our products and services or otherwise provide us with any information, you expressly consent to our communicating with you about our products and services using the information you provided to us and acknowledge that we have the authority to contact you via the information you provide. This means we may contact you, in person or by recorded message, e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your telephone or other telecommunications device may be capable of receiving.

  1. No-Commercial Use Policy

11.1 You agree to use the Site, the Site Tools, and products and services you purchase or access through our Site, in a noncommercial manner and in compliance with the thedwr.com, directory.thedwr.com & The New York Daily Weed Report’s No-Commercial Use Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation using any Site Tools) or through the any material containing any solicitation of funds, advertising or solicitation for goods or services without first purchasing a Listing Package and agreeing to our Listings Service Agreement.

  1. Links to Other Sites

12.1 The thedwr.com, directory.thedwr.com & The New York Daily Weed Report may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report or its Affiliates of any third-party site or any materials contained therein. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report and its Affiliates do not control,

and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

  1. Age Restrictions

13.1 You represent and warrant to the thedwr.com, directory.thedwr.com & The New York Daily Weed Report that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

  1. Financial Responsibility

14.1 You agree not to assign, transfer or sublicense your rights as a subscriber to the Paid Services. You agree to be financially responsible for all usage or activity on your Paid Services account.

  1. Indemnification

15.1 You hereby agree to indemnify, defend and hold harmless the thedwr.com, directory.thedwr.com & The New York Daily Weed Report and its Affiliates from and against any and all liability and costs incurred by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report.

  1. DISCLAIMER OF WARRANTY

16.1 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

16.2 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

  1. LIMITATION OF LIABILITY
  1. 17.1  USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
  2. 17.2  UNDER NO CIRCUMSTANCES SHALL THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES, EVEN IF THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
  3. 17.3  THE TOTAL LIABILITY OF THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY , ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES. YOU HEREBY RELEASE THE THEDWR.COM, DIRECTORY.THEDWR.COM & THE NEW YORK DAILY WEED REPORT AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
  4. 17.4  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE

LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Termination

18.1 In addition to any other rights of the parties set forth herein, the thedwr.com, directory.thedwr.com & The New York Daily Weed Report may cancel or terminate this Agreement at any time. the thedwr.com, directory.thedwr.com & The New York Daily Weed Report also reserves the right to restrict, suspend or terminate your access to the Site, the Paid Services or other subscription or membership-based services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If the thedwr.com, directory.thedwr.com & The New York Daily Weed Report terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, the thedwr.com, directory.thedwr.com & The New York Daily Weed Report reserves the right to refuse to provide access to the Site, the Paid Services or other subscription or membership-based services to you in the future.

  1. Modifications
    1. 19.1  (a) To the Agreement:
      The thedwr.com, directory.thedwr.com & The New York Daily Weed Report has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging. Your continued use of the Site shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the thedwr.com, directory.thedwr.com & The New York Daily Weed Report in providing the Site, including without limitation:

(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Paid Services or print subscription products purchased through our Site,

is to cancel your subscription in accordance with instructions provided in Section 2 above.

    1. 19.2  (b) To the Site:
      The thedwr.com, directory.thedwr.com & The New York Daily Weed Report has the right to modify, suspend or discontinue the Site at any time, including the availability of any area of the Site and the Paid Services. The thedwr.com, directory.thedwr.com & The New York Daily Weed Report may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
  1. General

20.1 This Agreement constitutes the entire agreement between you and the thedwr.com, directory.thedwr.com & The New York Daily Weed Report with respect to the Site and, if applicable, your purchase of

the thedwr.com, directory.thedwr.com & The New York Daily Weed Report services offered through this Site (including the Paid Services), and supersedes all prior agreements between you and the thedwr.com, directory.thedwr.com & The New York Daily Weed Report. Failure by the thedwr.com, directory.thedwr.com & The New York Daily Weed Report to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of New York, New York, USA and you consent to personal jurisdiction in those courts. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.