and Terms and Conditions of Use
Last Modified: October 19, 2022
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensor, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you agree to abide by our social media policies and may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Not a Substitute for Professional Health Care or Advice
The information contained in this site is general in nature and is not a substitute for the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Please know that the Company does not encourage nor condone the use of medical cannabis for a condition other than a qualifying medical condition, and only as authorized under the West Virginia Department of Health and Human Services, Bureau for Public Health, Office of Medical Cannabis Program, Chapter 16A of the West Virginia Code, the rules promulgated in accordance with Chapter 16A of the West Virginia Code and all its accompanying guidance documents (collectively referred to as the “OMC”). Furthermore, the content should not be considered approved or endorsed by the West Virginia Department of Health and Human Services, the West Virginia Bureau for Public Health, the State of West Virginia, or any person or entity associated with local or state government. The Company does not encourage, promote, or otherwise intend to create any impression that cannabis is legal or acceptable to use in a manner except as specifically authorized under the OMC. All website users are responsible for compliance with all applicable laws of their respective jurisdiction.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, FINES, OR ATTORNEY’S FEES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Public and Secured Website Services
When you visit the Company's websites, no personal information—such as your name, date of birth or telephone number —is collected, unless you provide us with that information voluntarily. The Company will not sell, license, transmit or disclose this information outside of the Company unless (a) expressly authorized by you, (b) necessary to enable the Company contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations.
Internet Protocol Addresses, Cookies and Web Beacons
You should also be aware that when you visit our websites, the Company may collect certain information that does not identify you personally, but provides us with "usage data," such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide on these websites.
Like most commercial website owners, we may also use what is known as "cookie" technology. A "cookie" is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other information about you, such as your name or address. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies by notifying you when a website is about to deposit a cookie file.
On some pages of the website there may also be use of action tags, sometimes referred to as web beacons or 1x1 pixel graphics interchange format ("GIF") images. Such tags are used to monitor and assess the effectiveness of promotions and marketing. These tags work in combination with cookies, but do not collect or contain any personal information.
Collection of Information for Children Under 13
The Company does not direct its websites, or knowingly collect any information from any persons under the age of 13, unless otherwise permitted or required by law.
The Company uses reasonable and appropriate security measures to safeguard the information that has been collected from you via the public or secure website services. Among the measures that the Company has implemented for its websites are administrative, physical and technical safeguards.
Social Media Policy
BY ACCESSING, VIEWING, OR USING ANY SOCIAL MEDIA PAGES OPERATED BY THE COMPANY, THE USER INDICATES ACCEPTANCE OF THE FOLLOWING SOCIAL MEDIA TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THEM:
1. The Company does not validate third party information posted on the Company’s pages on social media sites. Any comments, statements, or opinions on those pages are not endorsed by the Company, and may not reflect the views, policies, or procedures of the Company. The content provided on the Company’s social media pages is provided to the user “as is,” without any express or implied representations or warranties of any kind, including but not limited to any warranties as to merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.
2. Users shall not post content to any of the Company’s website or social media pages that are unlawful, proprietary, fraudulent, libelous, slanderous, defamatory, obscene, threatening, abusive, harassing, offensive, inappropriate, or infringing on the rights of any third-party, including intellectual property, privacy/confidentiality, or publicity rights. The Company does not permit any of these practices and reserves the right to immediately remove or edit any content within its sole discretion.
3. The user agrees that the Company is free to use any ideas, concepts, feedback and knowledge that the user provides to the Company on the social media sites to the extent permitted by applicable law. The user also grants the Company the right to use the name submitted by the user in connection with such material, but only to the extent that such use complies with all applicable privacy law. The Company reserves the right to alter the content on its social media sites at any time but has no obligation to update any information on its social media sites.
4. The materials posted to the Company’s social media pages are not advice. By making the content on the Company’s social media pages available to the user, the Company is not engaged in rendering any legal, medical, compliance, or other professional advice.
5. Users should not post any personal or private health information, such as policy numbers, claim numbers, phone numbers, personal e-mail addresses, or any unique identifying information on the Company’s social media pages. The Company reserves the right to remove any social media posts that contain such information.
6. Users shall not post any links or other content that contain viruses or malicious software or otherwise violate any federal or state laws. Users shall not post advertisements or solicitations of business. Any postings of this nature on the Company social media pages may be removed and subject to legal action.
7. Content on the Company’s social media pages (including, without limitation, text, design, graphics, logos, images, videos, as well as the selection and arrangement thereof) posted by the Company is the property of and owned by the Company, our licensors, or third-party content providers, and should be considered protected by copyright, trademark, and other applicable laws. Any other use of content on the site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, transfer, or sale of, or the creation of derivative works from, any material or information obtained from the site, or use of the site for purposes competitive to The Company, is expressly prohibited.
8. The Company’s social media pages may contain links to other web sites, some of which are operated by the Company and others which are operated by third parties. These links are provided as a convenience to the user and as an additional avenue of access to the information contained therein. The Company is not responsible for the content of those sites, or any other sites, products or services offered by a third party. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked web sites. Users should review the individual terms and conditions of any linked website, as different terms and conditions may apply.
9. The Company reserves the right to block or otherwise prohibit any person from accessing or using the Company’s social media pages for any reason whatsoever.
10. Users are ultimately responsible for the content they post on the Company’s social media pages, including the legality, reliability, appropriateness, originality, and copyright of such content. The Company is not liable for any direct, or indirect, special, incidental, actual, consequential, punitive damages or attorneys’ fees that may arise from the user’s use of the Company’s social media pages. Additionally, the user agrees to defend and indemnify the Company, its officers, agents, directors, shareholders, partners, licensors, service providers, and employees, from any loss, damages, liability, claim, or demand, including reasonable attorneys’ fees, from any third-party claims that arise out of the user’s use of The Company’s social media pages.