Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH NUG∞LINk OFFERS YOU ACCESS TO ITS SERVICES. BY USING NUG∞LINk SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. THE TERMS OF THIS AGREEMENT ARE FROM TIME TO TIME AMENDED. EVERY TIME YOU USE NUG∞LINk YOU AGREE TO THE FOLLOWING CURRENT TERMS AND CONDITIONS.
By using our services, you are agreeing to these terms. Please read them carefully. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
Nug∞Link is available only to state licensed cannabis entities that,with an e-mail address can enter into legally binding contracts under applicable law. If User does not qualify under the foregoing, User may not use these services. By accepting this Agreement, you represent and warrant that you are legally competent to enter into this contract and further if you are entering into this Agreement for a licensed cannabis entity, you represent and warrant that you are fully authorized and empowered by said entities' controlling and governing body to enter into this Agreement for said entity and to legally bind said entity. If you do not have authority from the entity you are contracting for you will have "personal" contractual liability under this Agreement.
Nug∞Link acts as an electronic marketplace for buyers and sellers. The site acts as the venue for sellers and buyers. Nug∞Link is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. Nug∞Link is not a party to the buy-sell contract between the buyer and the seller. Nug∞Link is not therefore, liable to either buyer or seller for any claim of breach of contract or breach of warranty.
Because user authentication on the Internet is difficult, Nug∞Link cannot and does not confirm each user's purported identity. Nug∞Link does not approve, pre-approve or screen any users of this site. Each party contracts with another party at their own risk.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Nug∞Link cannot and does not control whether or not sellers will complete the sale of products or services they offer or buyers will complete the purchase of products or services. You should conduct your own independent research to investigate the information placed on Nug∞Link by its Users and Bidders, and obtain independent professional advice, as you deem appropriate. In addition, note that there are risks of dealing across national borders, with underage persons, or with people acting under false pretense. Because user authentication on the Internet is difficult, Nug∞Link cannot and does not confirm that users are who they claim to be.
Fees and Services
If your bid is the highest bid, and it exceeds reserve requirements and your bid is accepted by the Seller, you are obligated to complete the transaction with the Seller, including all associated fees and taxes, unless transaction is prohibited by State law or by this Agreement. The total auction cost amount includes any sales tax and percent or surcharge on the auction or Fixed Price Listing.
Joining and bidding on items at Nug∞Link is free. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen- (14) days' notice of the changes by posting the changes on our website. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Nug∞Link prohibits advertising other avenues for cannabis products and cannabis related products anywhere on the website including, but not limited to, the Announcement Banner.
Auction Service Fees
Nug∞Link does not charge Sellers to list items for sale or for auction. Nug∞Link does not charge Bidders to register and bid on auction and fixed price items. A fee is assessed only when a Seller successfully sells an item via auction or via fixed price listing. There is no minimum or maximum fee. All fees charged are based on the currency in which the transaction is facilitated. The Seller pays all fees. Fees are due within 30 days of the close of a successful sale.
Auction Terms for Bidders and Buyers
If your bid is the highest bid, and it exceeds reserve requirements and your bid is accepted by the Seller, you are obligated to complete the transaction with the Seller unless transaction is prohibited by law or by this Agreement. The total auction cost amount includes any sales tax and percent or surcharge on the auction. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful.
Sellers can edit an auction at anytime until a bid is placed. Once a bid is placed, the auction description and details are binding. Bids are not retractable, except in exceptional circumstances.
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (I) shall not be obscene; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for auction on a web site other than Nug∞Link;or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
Marketplace and System Integrity
Sellers may not manipulate the price of their product or service, either by using a shill (either a secondary account or third party), by bidding themselves, or by any other means. User may not consummate a transaction outside of the Nug∞Link that occurs using Nug∞Link to avoid fees. User may not use any device, software, or routine to interfere or attempt to interfere with the proper working and security of the Nug∞Link Auction Service or any transaction being conducted on the Nug∞Link. User may not take any action, which imposes an unreasonable or disproportionately large load on the Nug∞Link infrastructure. User may not disclose to or share its Nug∞Link login or password with any third parties or use its Nug∞Link login or password for any purpose not permitted by these Terms and Conditions of Use.
WE DO NOT GUARANTEE THAT NUG∞LINk WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT NUG∞LINk WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Ownership of Nug∞Link Information
The Nug∞Link website, database, and other content including, without limitation, text, graphics, and software used to implement the Site is copyrighted and protected by United States copyright laws. User may print and download portions of the materials contained on the Nug∞Link web site for User's non-commercial use provided User maintains the copyright notice and any other notices that appear on any such copies. Any other copying, redistribution, publication or retransmission of any portion of the materials on the website is strictly prohibited without the express written permission of Nug∞Link. User agrees not to change or delete any proprietary notices from any materials copied from Nug∞Link website. All information generated as a result of establishing or operating the Nug∞Link website shall be the property of Nug∞Link and may be sold, distributed or otherwise disseminated by Nug∞Link for any purpose whatsoever, provided Nug∞Link shall not sell, distribute or otherwise disseminate specific information about Sellers and Bidders in such a way that would identify the Seller or Bidder, expect to the extent authorized in writing by the Seller or Bidder.
Submission of Content to Nug∞Link
By providing any content to this website:
- you agree to grant nug.link, a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant nug.link, the license specified in this section;
- you acknowledge and agree that nug.link, will have the right (but not obligation) to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Links to Third-Party Sites
The Nug∞Link web site may contain links to third-party websites that are not under the control or operation of Nug∞Link. Nug∞Link provides any such links only as a convenience and does not endorse and is not responsible for the contents of any linked site or any site linked to from a linked site. Nug∞Link does not warrant or guarantee any product or service offered through any such websites and will not be a party to any transaction between you and the providers of any third-party product or service, or be liable for any cost or damages arising either directly or indirectly from any action or inaction by those parties' providers.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Nug∞Link site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Nug∞Link by our users or third parties. You agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause legal liability for you, our users or us; or (d) for any other reason.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attomey & fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and Nug∞Link. comare independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to ATTN: LEGAL DEPT, Nug∞Link, , 2804 Orchard Lake Road, Suite 208, Keego Harbor, MI 48320 or to the email address you provide to Nug∞Link during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Nug∞Link during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Novi, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Nug∞Link may seek any interim or preliminary relief from a court of competent jurisdiction in Oakland County,Michigan necessary to protect the rights or property of you or Nug∞Link pending the completion of arbitration.
- Seller - This is state licensed cannabis entity that registered as a Seller with Nug∞Link. Sellers are authorized to list Auction Items and sell Items via Fixed Price listings. The Seller acts as the seller when they are listing an Auction Item or Fixed Price Item for sale. Sellers can also act as Buyers and bid on other Sellers’ Items.
- Bidder/Buyer - This is the state licensed cannabis entity that registered with Nug∞Link as a Bidder/Buyer. Bidder's wish to purchase items from Sellers via Auction and Fixed Price listings.
- Successful Bidder - In the Auction Service, the Successful Bidder is the highest bidder for the auction item when the auction closes at the scheduled end date and any other restrictions are met (reserve price, etc.)
- User - Any registered user of Nug∞Link (Sellers and Bidders/Buyers).
- Agreement - This contract is referred to as "Agreement" and "User Agreement" and "Contract" interchangeably throughout this document.