THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY USE OF THE SITE OR SERVICES TO DEPICT OR DESCRIBE CANNABIS OR CANNABIS-RELATED PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND COMPLY WITH ALL APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND RESTRICTIONS. YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID PLANTINGPOT.com IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement, by notifying you at the e-mail address and/or phone number provided in connection with your Customer Account. It is your responsibility to ensure that we have accurate contact information on file for you. Upon termination of this Agreement, your Customer Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Customer Account involves deletion of your Customer Content associated therewith from our live databases. PLANTINGPOT.com will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Customer Account or deletion of your Customer Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–11.
No Support or Maintenance. You acknowledge and agree that PLANTINGPOT.com will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
Electronic Communications. The communications between you and PLANTINGPOT.com use electronic means, whether you visit the Site or send PLANTINGPOT.com e-mails, or whether PLANTINGPOT.com posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from PLANTINGPOT.com in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PLANTINGPOT.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Choice of Law; Venue. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any action at law or in equity will be commenced in a federal or state court located in the El Paso County, Colorado and you and PLANTINGPOT.com consent to the venue and jurisdiction of such courts.