KIND COURIER TERMS OF SERVICE

Last Updated: May 31, 17

Welcome to Kind Courier!

These Terms of Service (the "Agreement") are a legally binding agreement between you ("You," "Your," or "User") and BMPK, Inc., d/b/a Kind Courier ("We", "Our" or "Kind Courier"), the operator of the www.kindcourier.com website and associated mobile applications and/or websites (collectively, the "Site"). This Agreement states the terms and conditions that govern your use of the Site, as well as the services (the "Services") and medical cannabis products (the "Products") offered through the Site, regardless of how you access or use the Site, whether via personal computers, mobile devices or otherwise. By accessing and using the Site, you are indicating that you accept, and agree to comply with, this Agreement. If you do not accept this Agreement, you are not permitted to, and you must not, access or use the Site or the Services.

In some instances, both this Agreement and separate guidelines, rules, agreements, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a Service or Product offered via the Site (in each such instance, and collectively "Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

1. Acknowledgment of Laws.

You expressly acknowledge that Kind Courier is for residents and qualified medical cannabis patients within the State of California only, and that you are familiar with and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of the aforementioned activities are illegal in California unless all participants are acting completely within the scope of California’s medical cannabis laws, as set forth in the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use and the Medical Cannabis Regulation and Safety Act, AB243, AB266, SB643, and any amendments thereto.

You further acknowledge that you understand that the use, possession, cultivation, manufacturing, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that Kind Courier neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.

Kind Courier has its principal place of business in California. Even though the Site may be accessed outside of California, the Services are currently available only in San Francisco, California (excluding the Presidio). In all events, you must abide by and follow the laws of the State in which you are a resident. You expressly acknowledge and assume full responsibility for cooperating with the laws of the State of your residency.

2. Personal Information and Privacy.

You agree to provide accurate, current and complete information as required when using the Site. We reserve the right to block further sales to Users who provide false, inaccurate or incomplete data. Kind Courier’s privacy policy (the "Privacy Policy") is located at https://www.kindcourier.com/privacy and explains how your personally identifiable information is collected, used and disclosed. We respect your privacy and will use the information provided by you only in accordance with this Agreement and the Privacy Policy.

3. Use of Site.

3.1 Passwords

You may choose to create a login and password on the Site. You are responsible for maintaining the confidentiality of your passwords and you are responsible for all activities that occur in using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Kind Courier if there is any unauthorized use of your password on this Site or you know of any other breach of security in relation to this Site.

3.2 Use of Site; Intellectual Property Rights; Prohibitions

Subject to your compliance with this Agreement, Kind Courier hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, logos, icons, graphics, interfaces, site design, audio, and video clips and any other materials displayed on the Site (collectively, the "Content"), solely for your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby acknowledge and agree that Kind Courier owns or licenses all legal right, title and interest in and to the Content and the Site, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Site does not grant you ownership of any kind in any Content you may access on or through this Site.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Kind Courier or its third party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Site or Content or that is otherwise applicable to the Site or the Content.

By using the Site, you represent and warrant that:

  • You will only use the Site for lawful purposes;
  • You will not use to Site to cause a nuisance, annoyance or inconvenience;
  • You are at least 18 years of age or older;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement;
  • You will only use the Site for your own personal, non-commercial use;
  • You will not resell or distribute any Products to any third-party;
  • You will provide us with whatever proof of identity we may reasonably request;
  • You will at all times act in full compliance with the laws of your State pertaining to medical cannabis;
  • You will at all times use the Site solely as a qualified medical cannabis patient and/or, where permitted by applicable law, as a primary caregiver for such a qualified patient;
  • You will not impair the proper operation of the network; and
  • You will not harm the Site in any way whatsoever.

3.3 User Submissions

The Site may offer you the opportunity to post articles, comments, photographs, videos, artwork and other content on the Site (collectively the "User Submissions"). By making a User Submission, you grant to Kind Courier an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Kind Courier is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Kind Courier without any monetary or other obligation to you. To the maximum extent permitted by law, you waive any and all “moral rights” you may have in User Submissions.

You agree not to post on or transmit to the Site or otherwise provide to Kind Courier any User Submission or other material that:

  • is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene;
  • sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner;
  • is an advertisement or promotion for any product or service that is not an approved Product of Kind Courier;
  • is false, misleading, or constitutes an unfair or deceptive trade practice;
  • constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
  • infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
  • is false or misleading; or
  • contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment.

You are solely responsible for your User Submissions and you agree to defend, indemnify and hold harmless Kind Courier and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages ("Claims") arising from your User Submission, including but not limited to, any Claim arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that Kind Courier has no obligation to keep such User Submissions confidential. You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party. We have no obligation to store, keep copies or return any User Submission.

We reserve the right to take any action with respect to User Submissions that we deem necessary or appropriate in our sole discretion if we believe any User Submission violates this Agreement, is inappropriate on the Site, may create liability for Kind Courier, or may cause Kind Courier to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Submissions, either with or without notice to you.

4. Terms of Sale.

4.1 Eligibility and Pricing

Products offered through the Site are only available for purchase by Users who execute a separate Membership Application and Agreement with Kind Courier. Pricing for Products and Services can be found at https://www.kindcourier.com/products. We reserve the right to change prices for the Products and Services at any time, and we do not provide price protection or refunds in the event of promotions or price decreases. We accept only cash payments, with payment to be made in full upon delivery.

4.2 Refund and Cancellation Policy

If you are dissatisfied with any Products or Services, please contact us at 844-4SF-KIND (844-473-5463) or concierge@kindcourier.com. All refund requests must be received within three (3) days of delivery of a Product, and shall be made at our sole discretion. We will not accept returns for edible Products. If any Product has a hardware malfunction, you may exchange the Product for another Product within three (3) days of delivery. Any resolution regarding a refund will not exceed the amount paid by a User for a returned Product.

If you want to cancel or change an existing order, please contact 844-4SF-KIND (844-473-5463) or concierge@kindcourier.com and we will accommodate your request, so long as the Product(s) has not yet been shipped to you.

4.3 Delivery

Kind Courier offers same day, next day and two day delivery services at varying prices. Deliveries shall be made to the address provided by you at the time of order. The risk of loss for all Products purchased via the Site pass to you upon delivery.

5. Third Party Sites; Indemnification.

5.1 Third Party Sites

The Site may provide links to third party sites that are not owned or controlled by Kind Courier, including, without limitation, Facebook, Twitter, YouTube, Instagram, and HelloMD (the "Third Party Sites"). We provide such links solely as a convenience to you. We do not review, approve, endorse or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. If you decide to access any such Third Party Sites linked to the Site, you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the Third Party Sites, which may be different from this Agreement or our Privacy Policy, and therefore, we recommend that you review such Third Party Site privacy policies.

5.2 Indemnification

You hereby agree to defend, indemnify, and hold Kind Courier, its subsidiaries, affiliates, directors, officers, employees and agents harmless from and against, any and all losses, costs, liabilities, damages, claims, and expenses (including, without limitation, attorney’s fees and costs) arising from your breach of this Agreement, or otherwise arising from: (a) your violation or breach of any terms of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of the Site, Content, Services or Products.

6. Disclaimer of Warranties.

Kind Courier cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE, CONTENT, SERVICES AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. KIND COURTIER, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE "KIND COURIER PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SERVICES OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS.

7. Limitation of Liability.

7.1 IN NO EVENT SHALL ANY KIND COURIER PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE SERVICES OR PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A KIND COURIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 IF, NOTWITHSTANDING THE FOREGOING, A KIND COURIER PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, SERVICES OR PRODUCTS, THE RELEVANT KIND COURIER PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID KIND COURIER FOR THE PRODUCTS, AS APPLICABLE OR (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).

7.3 NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY KIND COURIER PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH KIND COURIER PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Dispute Resolution.

8.1 Choice of Law

This Agreement is governed by the laws of the State of California without regards to its conflict of laws principles.

8.2 Dispute Resolution

In the event that we are unable to resolve a complaint to your satisfaction, we agree to resolve any disputes arising out of this Agreement (except as to those related to Kind Courier’s enforcement and protection of its intellectual property rights) through binding arbitration or small claims court, instead of in courts of general jurisdiction. All disputes, controversies or claims relating in any way, directly or indirectly, to this Agreement will be administered by the Arbitration Association of America ("AAA") in San Francisco, California, before one arbitrator and in accordance with the provisions of its then current Arbitration Rules, except as may be modified herein or by mutual agreement of the parties. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party. The arbitration award shall be in writing and shall be final and binding on the parties. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets. Notwithstanding the foregoing, nothing shall prevent Kind Courier from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of this Agreement. In the event that injunctive relief is sought through the AAA, Kind Courier shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of Kind Courier, you shall reimburse Kind Courier for these costs.

8.3 Class Action Waiver

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor Kind Courier has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim arising from this Agreement.

9. Electronic Communications.

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

10. General Terms.

10.1 Kind Courier may add to, change or remove any part of the Site, including, without limitation, any Content therein, at any time without prior notice to you. We also reserve the right to modify this Agreement at any time. When we make changes to the Agreement, we will revise the “Last updated” date at the top of the Agreement and we will notify you of the changes by prominently posting a notice of such changes on the Site and/or be sending you an email. We encourage you to review this Agreement whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.

10.2 Kind Courier may issue a warning, temporarily suspend, or terminate any User’s right to use or access any or all part of the Site, without notice and for any reason.

10.3 No failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall operate as a waiver or estoppel of any right, remedy or condition.

10.4 If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

10.5 Kind Courier will not be responsible for failures to fulfill any of its obligations due to causes beyond its control.

10.6 You may not assign or otherwise transfer your rights under this Agreement to a third party without Kind Courier’s prior written consent. Kind Courier may assign or transfer its rights or delegate any performance under this Agreement to any third party in its sole discretion.