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L2Bud Terms of Use

Last updated July 18, 2019

OVERVIEW

This website is operated by L2Bedford, LLC. Throughout the site, the terms “L2Bedford”, “L2Bud”, “Us”, “Our,” and/or “We” refer to L2Bedford, LLC, and/or by L2Bedford, LLC’s affiliated entities, representatives, agents, successors, or assigns. by L2Bedford, LLC offers this website, including all information, tools and services available from this site to You, the user, (“You”, and/or the “User”) conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

The website located at www.l2bud.com (the “Site”) is a copyrighted work belonging to Us. By visiting Our site, domain, sub-domain, or mobile application, You engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If You are using the Site or Services on behalf of a Company, Entity, or Organization, You represent and warrant that You are an authorized representative of such Company, Entity, or Organization with the authority to bind it to this Agreement.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

GENERAL CONDITIONS

All information contained on this Site and Services is for information or educational purposes ONLY and shall not be construed as Our endorsement of any content, advertisement, website, mobile application, social media channel, or third-party content service. L2Bud does not guarantee the reliability or accuracy of any opinion, advice, statement, or other information made on the Site or Services.

L2Bud is not responsible for any third-party relationship made by You, even if done through Your use of the Services. L2Bud is not obligated to screen dispensaries, retail locations, health care providers, or any party or entity associated therewith, nor are We responsible for determining whether they are qualified or authorized by law.

L2Bud cannot guarantee the accuracy, quality, or lawfulness of any third-party’s offerings, menus, content, or deals access through Our Site.

MEDICAL DISCLAIMERS

L2BUD DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA L2BUD’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION

ACKNOWLEDGMENT OF FEDERAL LAW

User expressly acknowledges that L2Bud is for residents with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective State laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You understand and warrant that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also understand and warrant that the interstate transportation of marijuana is a federal offense. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY BELOW.

ELIGIBILITY

You must be 21 years of age or a qualified medical marijuana patient to use the Site and/or Services within the United States.

ACCOUNT CREATION

In order to use certain features of the Site and the Services You must register for an account with L2Bud (“L2Bud Account”) and provide certain information about Yourself. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information at all times. You may not create more than one L2Bud Account without Our written consent.

You may delete Your L2Bud Account at any time, for any reason, through the Admin console (“L2Bud Admin”) or by sending an email to support@l2bedford.com which includes Your L2Bud Account Username and Your request to delete Your account.

You are responsible for maintaining the confidentiality of Your L2Bud Account login information and are fully responsible for all activities that occur under Your L2Bud Account. You agree to immediately notify L2Bud of any unauthorized use, or suspected unauthorized use, of Your L2Bud Account or any other breach of security. L2Bud cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

Alternatively, we may permit You to login to the Site or Service or otherwise associate Your L2Bud Account with Your login credentials from certain social networking sites (e.g., Facebook and Twitter) (“SNS”). If You log in or otherwise associate Your L2Bud Account with Your login credentials from a SNS, we may receive information about You from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If You elect to share Your information with these SNS, we will share information with them in accordance with Your election. The SNS Terms of said SNS will apply to the information we disclose to them.

SITE AND MOBILE APP

Subject to the terms of this Agreement, L2Bud grants You a non-transferable, non-exclusive license to use the Site and Services for Your personal, noncommercial use. Subject to the terms of this Agreement, L2Bud grants You a non-transferable, non-exclusive license to install and use the software L2Bud makes available for mobile devices (“Mobile App”), in executable object code format only, solely on Your own handheld mobile device and for Your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.

RESTRICTIONS ON USE

The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) You shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.

L2Bud reserves the right to modify, suspend, or discontinue the Site or Services with or without notice at any time. You understand and warrant that L2Bud will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services.

OWNERSHIP OF INTELLECTUAL PROPERTY

Aside from User Content (defined below), You acknowledge that all the intellectual property rights in the Site and Services are owned by L2Bud or L2Bud’s licensors. Your use of the Site and Services does not transfer to You or any third party any right, title, or interest in or to such intellectual property rights. We reserve all intellectual property and copyright laws not expressly granted by this Agreement.

USER CONTENT

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services. You acknowledge and agree that L2Bud is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. L2Bud does not assume and will have no liability for Your use or misuse of any User Content.

You agree not to use the Site, Services, or any of L2Bud's social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content. You hereby represent and warrant that Your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that Your User Content is in any way provided, sponsored, or endorsed by L2Bud. You acknowledge and agree that L2Bud is not responsible for any User Content and We do not assume any liability or responsibility to You or any other person or user for misuse of any User Content.

APP PLATFORM

You represent and warrant that the availability of the Mobile App is dependent on the third-party app platform from which You received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between You and L2Bud and not with the App Platform. You agree to pay all fees charged by the App Platform in connection with the Mobile App. You understand that App Platform may have its own terms and conditions to which You must agree before downloading the Mobile App from it. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. **See Accessing and Downloading the Application from Apple® in Section 14.5 below for additional terms and conditions if You access or download the Mobile App from the Apple App Store.

COMMUNICATIONS BY TEXT, PUSH NOTIFICATIONS, AND EMAIL

By using the Services or Software, You agree that L2Bud or any of Our representatives may send You text (SMS) messages at the phone number provided to Us by You. These messages may include but are not limited to: operational communications concerning Your User account or use of the Services, updates concerning new and existing features on L2Bud, communications concerning promotions run by us or our third-party partners, and news concerning L2Bud and industry developments. Standard text messaging charges applied by Your cell phone carrier will apply to text messages we send.

Your agreement to receive promotional texts is not a condition of any purchase or service offered by L2Bud. If You change or deactivate the phone number You provided to L2Bud, You must update Your account information to help prevent us from inadvertently communicating with anyone who acquires Your previous number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.

You may opt out of receiving promotional text messages from L2Bud at any time by replying STOP to a promotional text message from L2Bud. You may opt-out of receiving all text messages from L2Bud at any time by deleting Your account or by replying STOP to any text message from L2Bud. NOTE: if You opt-out of receiving all text messages from L2Bud, You will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while the L2Bud processes Your request, and You may also receive text messages confirming the receipt of Your opt-out request. You may opt back into receiving text messages from Us by replying START to a text message from L2Bud.

When You install Our Mobile App on Your mobile device You agree to receive push notifications, which are messages an app sends You on Your mobile device even when the Mobile App is not on. You can turn off notifications by visiting Your mobile device's \"settings\" page.

You agree that we may send You emails concerning Our products and services, as well as those of third parties. You may opt-out of promotional emails by pressing “unsubscribe” in any of Our emails and following the instructions.

LICENSE

You hereby grant L2Bud an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and that You have the ability to grant the same. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

FEEDBACK

If You provide L2Bud any feedback or suggestions regarding the Site or Services (“Feedback”), You agree such Feedback will be non-confidential and non-proprietary. You agree to assign L2Bud all rights in the Feedback and agree that We may use the Feedback in any manner We deem appropriate.

ACCEPTABLE USE POLICY

The following sets forth L2Bud’s “Acceptable Use Policy”:

You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or L2Bud or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

We reserve the right (but have no obligation) to review any User Content investigate, and/or take appropriate action against You in Our sole discretion, including removing User Content or deleting Your account.

INDEMNITY

You agree to indemnify and hold L2Bud (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) Your use or misuse of the Site or Services, (ii) Your User Content, (iii) Your violation of this Agreement; or (iv) Your violation of applicable laws or regulations. L2Bud reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of L2Bud. L2Bud will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

THIRD-PARTIES

L2Bud is not a party to any transaction that You may enter into with any third-party, even if such transaction results from Your use of the Site or Services. L2Bud shall have no liability, obligation or responsibility for any third-party transaction including without limitation any correspondence, purchase, transaction, or promotion between You and any such third-party. You agree that it is Your responsibility to take reasonable precautions any third party.

The Site or Services might display, include, or make available third-party content or contain links to third party websites, services, and advertisements for third parties including without limitation deals and dispensary menus, including pricing, product names, and product descriptions each menu (defined below) (collectively, “Third-Party Materials”). We are not liable for any harm or damages related Third-Party Materials.

Third-Party Materials and links thereto are provided solely as a convenience to You and You agree that You access and use them entirely at Your own risk. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OTHER USERS

Each User is responsible for their own User Content. Because we do not control User Content and/or Third-Party Materials, You acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials.

You agree that L2Bud will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Site or Service user, we are under no obligation to become involved.

RELEASE

You hereby release and forever discharge L2Bud (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish Your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users, Third-Party Interactions, or Third-Party Materials.

DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. WITHOUT LIMITING THE FOREGOING, L2BUD (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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL L2BUD (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, L2BUD’S (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 GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID L2BUD IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERM AND TERMINATION

We may (a) suspend Your rights to use the Site and/or Services (including Your L2Bud Account) or (b) terminate this Agreement, at any time for any reason at Our sole discretion.

Upon termination of this Agreement, Your L2Bud Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of Your L2Bud Account involves deletion of Your User Content associated therewith from Our Site, Services, and live databases. L2Bud will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your L2Bud Account or deletion of Your User Content.

COPYRIGHT POLICY

In connection with Our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of Our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If You believe that one of Our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Our designated Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the copyrighted work(s) that You claim to have been infringed;
  • Identification of the material on Our services that You claim is infringing and that You request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and e-mail address;
  • A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for L2Bud is:

Copyright Agent
Legal Department
L2Bedford, Inc
2049 NW Johnson St.
Portland, OR 97209
Email: support@l2bedford.com

ARBITRATION AGREEMENT

You agree that all disputes between You and L2Bud arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND L2BUD AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Multnomah County, Oregon. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Oregon without regard to conflict of law provisions.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

PRE-ARBITRATION DISPUTE RESOLUTION

We believe most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@l2bedford.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate, describing the nature of the dispute with particularity.

SUPPORT

You acknowledge and agree that L2Bud will have no obligation to provide You with any support or maintenance in connection with the Site or Services.

AMENDING THESE TERMS

We may amend these Terms at any time in our sole discretion. The modifications will be effective immediately. You agree to review these Terms periodically so that You are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

COPYRIGHT TRADEMARK INFORMATION

Copyright © 2016, L2Bud Holdings, Inc. All rights reserved. L2Bud®; the L2Bud logo; the L2Bud green, purple and gray colors used in combination; the L2Bud green, purple, and gray colors used for hybrid, indica, and sativa cannabis strains; and the L2Bud tile designs (collectively, the “Marks”) are trademarks of L2Bud Holdings, Inc. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”). Google Play™ is a trademark of Google, LLC. You acknowledge and agree that You are not permitted to use L2Bud’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, L2Bud Holdings, Inc., Apple, or the owners of such third-party marks.

The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):

(a) You acknowledge and agree that (i) this Agreement is concluded between You and L2Bud only, and not Apple, and (ii) that L2Bud, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to You in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that You own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.

(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between L2Bud and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of L2Bud.

(d) You and L2Bud acknowledge that, as between L2Bud and Apple, Apple is not responsible for addressing any claims You have or any claims of any third-party relating to the App Store Sourced Mobile App or Your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and L2Bud acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or Your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between L2Bud and Apple, L2Bud, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(f) You and L2Bud acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to Your license of the App Store Sourced Mobile App, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to Your license of the App Store Sourced Mobile App against You as a third-party beneficiary thereof.

(g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Without limiting any other terms of the Terms, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.

MISCELLANEOUS

This Agreement constitutes the entire agreement between You and Us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be valid and enforceable to the maximum extent permitted by law.

Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between You and L2Bud. This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without L2Bud’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

L2BUD CONTACT INFORMATION

L2Bud
2049 NW Johnson St
Portland, OR 97209
Email: support@l2bedford.com