Welcome to www.PodTones.co (the “Site”). The Site is owned and maintained by PT Worldwide (“PTWW”, “Us”, “Our”, or “We”), a corporation headquartered in the state of California.
PTWW provides this Site for use only by persons located within the United States. PTWW makes no representation that the Site or its content is appropriate or available for use in locations outside the United States.
REGULATIONS IN THE CANNABIS INDUSTRY
Cannabis remains a Schedule I drug under federal law. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. All cannabis products marketed and offered through the Site are intended for personal use only in the jurisdiction in which they are sold. Products sold by PTWW are not intended for resale or interstate transport.
YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS
This Site and the materials on this Site have been prepared by PTWW for informational purposes only and PTWW makes no claims with respect to the use or consumption of any PTWW products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on this Site is not intended to provide medical nor legal advice. Information on this Site is not intended to assess, diagnosis, nor specifically treat any individual’s medical problem(s) or concerns. Information on this Site is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.
You acknowledge and agree that no partnership is formed and neither you nor PTWW has the power or the authority to obligate or bind the other.
Content on this Site that is provided by PTWW and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“PTWW Content”) is the property of PTWW and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any PTWW Content located on the Site for any reason, including in publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of PTWW, in any other manner that is likely to cause confusion among consumers, that disparages or discredits PTWW and/or its licensors, that dilutes the strength of PTWW’s or its licensor’s property, or that otherwise infringes PTWW’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any PTWW Content that appears on this Site.
By entering and/or using this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site and all PTWW Content is owned or licensed by PTWW and may not be used by you without prior written approval, which may be requested by sending an email to info@PodTones.co. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of PTWW.
Not all products that appear on the Site are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on this Site may appear differently in the dispensary/at the retail establishment.
USER CONDUCT GUIDELINES
Any time you access or use the Site, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Site:
• if you are under 21 years of age, unless you are a qualified cannabis patient;
• to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• if you are not able to form legally binding contracts;
• if you are a person barred from receiving services under the laws of the Unites States or other applicable jurisdiction; or
• for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
• access, copy, distribute, share, publish, use or store, or prepare derivative works from any PTWW Content that belongs to PTWW, another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
• circumvent our systems and policies, including by attempting to access or use the Site after you have been temporarily or permanently prohibited or blocked from using the Site;
• access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by PTWW, unless you have been specifically authorized to do so in a separate agreement with PTWW;
• use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, PTWW’s name, any PTWW trademark, logo or other proprietary information, without PTWW’s express written consent;
• interfere with, disrupt, damage or compromise the Site or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Site or otherwise imposing an unreasonable or disproportionately large load on the Site;
• access, tamper with or use non-public areas of any of the Site, PTWW’s computer systems, or the technical delivery systems of PTWW’s providers;
• probe, scan, or test the vulnerability of any system or network of PTWW or its providers, or breach or circumvent any security or authentication measures of such system or network;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PTWW or any of PTWW’s providers or any other third party to protect the Site;
• forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;
• export or re-export the Site, except in compliance with the export control laws and regulations of any relevant jurisdictions;
• otherwise abuse the Site or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site (“Feedback”). You may submit Feedback by e-mailing us, at info@PodTones.co. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of PTWW. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by PTWW or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to PTWW all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect PTWW’s rights in such improvements, enhancements and modifications.
WARRANTIES BY USERS
You represent and warrant to PTWW that (a) you have the power and authority to accept and agree to the Terms, (b) you own or control all of the rights necessary to grant the rights and licenses granted herein, and (c) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with your access to or use of the Site.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN, OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE OR THE CONTENT THEREON, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PTWW CONTENT.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
YOUR USE OF THE SITE IS AT YOUR OWN RISK;
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD THROUGH THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL PTWW OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF GTI HAS BEEN ADVISED OF SUCH INCIDENTS; AND
PTWW IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PTWW’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, PTWW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100). PTWW RESERVES THE RIGHT TO DISCONTINUE THIS SITE, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE PTWW FROM AND AGAINST, AND COVENANT NOT TO SUE PTWW FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PTWW AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold PTWW, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Site, including any and all PTWW Content and any features, functionality, tools, and promotions available on and through the Site, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.
You agree that, at PTWW’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) PTWW may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of PTWW (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
USERS; THIRD PARTY WEBSITES
Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, credentials or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users.
Although this Site may be linked to other sites, PTWW is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that PTWW has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.
GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PTWW HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.
You may bring a qualifying Claim (as defined below) to a small claims court. PTWW also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in the state and federal courts in Los Angeles, CA, and waive any objection as to inconvenient forum. The Terms shall be governed by and interpreted in accordance with the laws of the State of California without regard to conflict of law principles.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder (“Claims“) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Los Angeles, CA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
PTWW will reimburse fees imposed by the AAA up to $10,000 unless the arbitrator determines that your Claim was frivolous. Moreover, PTWW will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your Claim was frivolous.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND PTWW OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Both of us agree that if PTWW makes any amendment to this Dispute Resolution section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against PTWW prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and PTWW. Amendments to the Terms will be posted on the Site and no other notice of such amendments will be provided. If you do not agree to the amended terms, you must cease using the Site immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PTWW in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and PTWW regarding the use of the Site, and supersedes and replaces any prior agreements you and PTWW might have had regarding the Site. By using the Site you represent that you are capable of entering into a binding agreement.
If you have any questions or concerns, please contact www.PodTones.coat info@PodTones.co
PT World Wide
300 S. Mission Rd
Los Angeles, CA 90033
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to info@PodTones.co.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
WARNING: Cannabis products contain a chemical known to the State of California to cause cancer.