SymbiotIc Sacramento website and MOBILE APP terms of use

ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and Septem Coma, Inc. d/b/a Symbiotic Sacramento (“Symbiotic,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Symbiotic mobile application (“App”), including any content, functionality and services offered on or through the https://symbioticsacramento.com website (“Website” or “Site”), whether as a guest or a registered user. The Website, App, and such content, functionality, and services are collectively referred to herein as the “Service” or “Services,” which may be updated from time-to-time at the sole discretion of SYMBIOTIC.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [URL], incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. 

The Services are offered and available to users who are 21 years of age or older (or 18 years of age with a valid California state medical marijuana card) and reside or are present in the State of California. By using the Services, 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 Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND SYMBIOTIC AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCTS AS FURTHER DESCRIBED HEREIN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

LEGAL ACKNOWLEDGEMENTS
THE COMPANY OPERATES THE SERVICES IN COMPLIANCE WITH APPLICABLE CALIFORNIA STATE LAWS. BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT MARIJUANA (CANNABIS CONTAINING MORE THAN 0.3% THC) IS LISTED ON SCHEDULE I OF THE UNITED STATES CONTROLLED SUBSTANCES ACT, THAT UNDER THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA, MANUFACTURING, DISTRIBUTING, DISPENSING, OR POSSESSING MARIJUANA IS ILLEGAL, AND THAT INDIVIDUALS ARE SUBJECT TO ARREST AND/OR PROSECUTION FOR DOING SO. YOU FURTHER ACKNOWLEDGE THAT MEDICAL USE IS NOT RECOGNIZED AS A VALID DEFENSE UNDER FEDERAL LAWS REGARDING MARIJUANA. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT THE INTERSTATE TRANSPORTATION OF MARIJUANA IS A FEDERAL OFFENSE. YOU MUST ABIDE BY AND FOLLOW THE APPLICABLE LAWS OF THE STATE, CITY, COUNTY, MUNICIPALITY, OR JURISDICTION IN WHICH YOU ARE LOCATED IN ORDER TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE INFORMATION CONTAINED IN THESE TERMS OF USE AND THE INFORMATION PROVIDED ON THE SERVICES WAS DEVELOPED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.

PRODUCT DISCLAIMER AND SAFETY ACKNOWLEDGMENT
The Services may provide information about and facilitate the pre-order of certain products (“Products”), including Products comprising or containing marijuana. By using the Services, you acknowledge that the information contained in these Terms of Use, the information provided through the Services, within any of the Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Services, was developed for informational and educational purposes only. In no way is any of the information contained in these Terms of Use or elsewhere on the Services intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  The statements made regarding the Products on our Services have not been evaluated by the FDA. The efficacy of the Products has not been confirmed by FDA-approved research. The Products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any Product. 

You should never delay seeking or disregard advice from a medical professional based on something you have read on the Services. Do not operate vehicles or machinery while under the influence of marijuana. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult a physician or other health care professional prior to using marijuana. You and any other user of any Product are solely responsible for the use of such Product and the consequences of such use. Any illegal use or resale of any Products could subject you to fines, penalties, and/or imprisonment under state and federal law.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 21 YEARS OF AGE (OR 18 WITH A VALID CALIFORNIA STATE MEDICAL MARIJUANA CARD) OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

PRE-ORDERS AND PURCHASES 
All pre-orders through our site or other transactions for the sale of goods formed through the Services, or resulting from visits made by you, are governed by these Terms of Use.

The Services may allow you to pre-order or reserve Products for pick-up from our dispensary located in Sacramento, California (“Dispensary”). Under no circumstances will we ship any Products; all Products must be picked up and purchased directly from our Dispensary. 

Verification of information may be required prior to the acceptance of a pre-order. When you initiate a pre-order, we may collect information necessary to complete your request, such as your contact information, order information, and government-issued ID. In some instances, you may also submit data that may be considered personal medical information, such as medical marijuana patient identification for certain pre-orders placed through our Services. We use this information to facilitate your pre-order (and future orders). 

You agree that your pre-order is an offer to buy, under these Terms, all Products and Services listed in your order. The receipt of an order number or confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. All pre-orders must be accepted by us or we will not be obligated to sell any Products to you. We may choose not to accept or cancel any pre-orders in our sole discretion. After having received your pre-order, we will send you a confirmation text (SMS) with your order number and details of the items you have ordered, including information about how to complete your purchase and pick up your Products at our Dispensary.

Prices and availability of Products on the Services are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for handling, if any. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Availability of any Products listed on the Services or in your order confirmation email is not guaranteed.

Pre-orders made through our Site or other transactions formed through the Site, or purchases at our Dispensary, are governed by the additional terms and conditions presented at the time of transaction, if any. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

From time to time we may offer promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern. 

In our sole discretion, we may require payment in cash for the purchase of any Products. With respect to any pre-orders for which payment information is requested in advance, you represent and warrant that (i) any credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your pre-order. 

RETURNS AND REFUNDS
We may, in our sole discretion, accept a return of defective Products purchased directly from our Dispensary, for a refund of your purchase price, less the original handling costs, provided such return is made within seven (14) days of purchase with valid proof of purchase and provided such products are returned in their original condition. To return products, you must appear in person at our Dispensary. YOU MAY NOT SEND ANY MARIJUANA PRODUCTS TO US FOR ANY REASON WHATSOEVER AND DOING SO COULD SUBJECT YOU TO CRIMINAL PENALTIES. Your refund may be in the form of cash or any other form that we deem appropriate in light of your original payment method and may take up to fourteen (14) days to process and appear in your account, if applicable.

ALL PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

DEVICE REQUIREMENTS
To enjoy the Services via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Google, Apple, and Amazon App marketplaces, or wherever the App is available for download.

ACCESSING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services; and

  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information as may be further described herein. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with any Service or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy [symbioticsacramento.com/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any of the Services using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS
The Services and their 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 licensors 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.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

  • Your device 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 device or browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages/screens of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • Your use of our App is dictated by our End User License Agreement located at [] which is hereby incorporated into these Terms of Use.

You must not:

  • Modify copies of any materials from the Services.

  • 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 the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content available through the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans used on or in connection with the Services or the Products are the trademarks of their respective owners.

PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • 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, 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 e-mail 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 Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material included in the Services.

  • Use any manual process to monitor or copy any of the material included in the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Services.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. 

  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Services.

USER CONTRIBUTIONS
The Services may contain message boards, chat functionality, personal pages or profiles, forums, comment feeds, or other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on any Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

COPYRIGHT INFRINGEMENT

Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to [staff@symbioticsacramento.com]. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of their contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE SERVICES
We may update the content offered on or through the Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
All information we collect through the Services is subject to our symbioticsacramento.com/privacy-policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our App or Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party services to certain content on the Services.

  • Send messages or other communications with certain content, or links to certain content, through the Services.

  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Services or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site or mobile app.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SERVICES
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS
The owner of the Services is based in the State of California in the United States. We provide these Services for use only by persons located in California. We make no claims that the Services or any contents thereof are accessible or appropriate outside of California. Access to the Services may not be legal by certain persons or in certain locations. If you access the Services from outside of California, you do so on your own initiative and are responsible for compliance with local laws.

ACCESSIBILITY
As recently as January 2021, the World Health Organization estimated that there are more than one billion people living with disabilities, with over 100 million persons having significant difficulties in functioning (for more information, see www.who.int/disabilities/en). Many of these disabilities can affect access to information technologies. Additionally, the same individuals who run into barriers that impede access to information technologies could benefit most from using them.

Given the importance of the internet, accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging.

Providing accessible web content can also benefit people who do not have disabilities but who are experiencing situational barriers. For example, when accessing the internet from devices with small screens or in low bandwidth situations, or when experiencing barriers due to language or literacy levels, accessibility solutions can also support improved access.

Symbiotic is committed to ensuring equal access for people with disabilities. As potential customers and employees of SYMBIOTIC, they are important contributors to our business success and should not be excluded, but rather welcomed into the SYMBIOTIC family. 

We will endeavor to maximize the access of people with disabilities to this website. 

Content produced by SYMBIOTIC is intended to meet 1.0 by the target date of 01/01/23. Content provided for our Site by third-party developers is intended to meet 01/01/22.

If you have any questions, please contact our Accessibility Coordinator, who can be reached at staff@symbioticsacramento.com.

DISCLAIMER OF WARRANTIES 
You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Services 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. 

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 SERVICES OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

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 WHICH 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 SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES OR ANY PRODCUTS OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services or any associated Products, including, but not limited to, your User Contributions, any use of Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

DISPUTE RESOLUTION AND BINDING ARBITRATION 
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Services or Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by the Company. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. An arbitrator exceeds her powers by voiding or refusing to enforce any contracts or arbitration agreements between the Parties based solely on the cannabis-related nature of the contract. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Jury Trial Waiver. Except where not permitted by law, you and the Company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and the Company elect to have claims and disputes resolved by arbitration. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, you and the Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor the Company are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth below.

Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor the Company can force the other to arbitrate. To opt-out, you must notify the Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: 114 Otto Circle Sacramento Ca.

Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration. 

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Company.

GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and the Company agree that all claims and disputes arising out of or relating to the Terms of Use or the use of the Services or any Products will be litigated exclusively in the Superior Court of California in the County of Sacramento, and you and the Company consent to the personal jurisdiction of this court. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR ANY PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT
The Terms of Use and all other documents incorporated herein constitute the sole and entire agreement between you and Septem Coma, Inc. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services or any associated Products.

YOUR COMMENTS AND CONCERNS
The Services are operated by Septem Coma, Inc., 114 Otto Circle Suite A Sacramento Ca 95822.

All notices of copyright infringement claims should be sent to staff@symbioticsacramento.com.

All other feedback, comments, requests for technical support and other communications relating to the Products or the Services should be directed to: staff@symbioticsacramento.com

Last Modified: September 9, 2022