Who We Are This Website is maintained and operated by TrichomeBlockPay LLC, which provides administrative and other services to various affiliated entities (collectively “TrichomePAY ”). In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence. As used throughout this website, the term “TrichomePAY ” and such terms as “our firm,” “the company,” “legal entity,” “the corporation,” “our,” “we” and “us” may refer to TrichomePay or one or more or all of TrichomePay ’s consolidated subsidiaries or non-consolidated affiliates.
Site Security You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:
• logging into or attempting to log into a server or account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system or network;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site.
Other prohibited activity In using this Site, you must not:
• post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that TrichomePay in its sole discretion does not wish posted or transmitted on the Site;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
• misrepresent your identity or affiliation in any way;
• engage in deceptive online marketing;
• violate any applicable laws or regulations; or
• assist or permit any persons in engaging in any of the activities described above.
user submissions You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
unsolicited ideas TrichomePay does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and TrichomePay , you give TrichomePay an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that TrichomePAY has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.
Materials Except for certain Materials provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our business activities, we often become subject to a variety of confidentiality obligations to investors, financial institutions and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.
links to other websites This Website may contain links to other non-TrichomePAY websites. These links are for convenience only. Certain of these linked websites may make use of TrichomePay proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from TrichomePay. TrichomePay is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by TrichomePay of the organizations sponsoring the sites or their products or services.
Password Protected Areas Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable TrichomePay entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and TrichomePay individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.
No Offer, Solicitation or Advice Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a TrichomePay entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by an authorized Officer or Director of a TrichomePay entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of TrichomePay.
Restrictions on Use; No License We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information. Furthermore, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you. Your use of the Website does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law.
Disclaimer The materials in this Website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TrichomePay disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TrichomePay does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. TrichomePay does not make any representations or warranties regarding the use or the results of the use of this Website or the Materials in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Ownership of Trademarks, Etc. All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to TrichomePay, its affiliates or their respective owners, and this Website grants no license to them. TRICHOMEPAY is among our registered trademarks in the United States and/or other countries. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
Copyright The material made available at this Website is protected by copyright. No All text, photos, graphics, logos, content and other Materials from this Website may be not copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of TrichomePay’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Website except the “home page” (http://www.TrichomePAY.com), must be obtained from TrichomePay in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to TrichomePay.
Cookies. We reserve the right to track visitors to, and usage of, this Website through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion.
Forward-looking Statements CAUTIONARY STATEMENT RELEVANT TO FORWARD-LOOKING INFORMATION FOR THE PURPOSE OF “SAFE HARBOR” PROVISIONS OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
This Website contains forward-looking statements relating to TrichomePay’s operations that are based on management’s current expectations, estimates and projections about the cannabis and other cash intensive industries. Words or phrases such as “anticipates,” “expects,” “intends,” “plans,” “targets,” “forecasts,” “projects,” “believes,” “seeks,” “schedules,” “estimates,” “positions,” “pursues,” “may,” “could,” “should,” “will,” “budgets,” “outlook,” “trends,” “guidance,” “focus,” “on schedule,” “on track,” “is slated,” “goals,” “objectives,” “strategies,” “opportunities,” “poised” and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and other factors, many of which are beyond the company’s control and are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward- looking statements. The reader should not place undue reliance on these forward-looking statements, which speak only as of the date posted on this Website. Unless legally required, TrichomePay undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.
Limitation of Liability Except as specifically agreed by a TrichomePay entity in writing, NO TRICHOMEPAY INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS, even if TrichomePay or a TrichomePay authorized representative has been advised of the possibility of such damages arising from you use of, or the inability to use, this Website or the Materials. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law, and In no event shall TrichomePay’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to TrichomePay, if any, for using this Website.
Indemnity You agree to indemnify, defend and hold TrichomePay, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with this Website.
Jurisdictional Issues No information or software from this Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Modification of these Terms We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.
Miscellaneous This Website is operated and controlled by TrichomeBlockPay, LLC, in the United States of America. This Website is made available for use only in the United States and in those jurisdictions where it is legal to access or use this Website. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. THESE TERMS, AND ANY DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THIS WEBSITE OR THE MATERIALS, SHALL BE GOVERNED IN ALL RESPECTS BY, AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. Except as otherwise agreed in writing by the applicable TrichomePay entities, any controversy or claim arising out of or relating to these Terms, or the breach thereof, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. With respect to any international dispute, controversy or claim arising out of or relating to these Terms, including the interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be Los Angeles, California, USA. The language to be used in the arbitral proceedings will be English. In all cases, the place of arbitration shall be Los Angeles, California, and judgment on the Award may be entered in any court having jurisdiction. The arbitrator will be selected from a panel of retired Federal judges or practicing attorneys with a minimum of ten (10) years of active practice with and knowledge of computer software, e-commerce and computer technology. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding provision with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal. The prevailing party shall be entitled to an award of reasonable attorney fees. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Entire Agreement These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All TrichomePay individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Contact Information Any questions, concerns or complaints regarding these Terms should be sent to the General Counsel’s Office c/o GeneralCounsel@TrichomePAY.com.
Effective Date: August 2, 2019