Terms of Use and Disclaimer

Kush Tourism LLC is only intended for those over the age of 21!

ACCEPTANCE OF TERMS OF USE

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Kush Tourism LLC owns and operates this website, located at http://.KushTourism.com (the website). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE KUSH TOURISM LLC OPERATING WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Kush Tourism LLC may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

DISCLAIMER OF WARRANTIES

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the specific state specializing in the specific matter that is in question. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Kush Tourism LLC expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.

Any information sent to Kush Tourism LLC by Internet e-mail or through the website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an confidential relationship between you and Kush Tourism LLC, nor is it intended to do so. The transmission of the website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create a confidential relationship between us and any recipients.

Some links within the website may lead to other websites, including those operated and maintained by third parties. Kush Tourism LLC includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Reproduction, distribution, republication, and/or retransmission of text contained within the KushTourism.com Website is prohibited unless the prior written permission of Kush Tourism LLC has been obtained.

The information contained in the Kush Tourism LLC web pages could contain technical inaccuracies or typographical errors. Kush Tourism LLC reserves the right to make changes to any information contained within its web pages and to make improvements and or changes in the products, programs, and businesses described in its web pages at any time and without notice.

Furthermore, Kush Tourism LLC makes no representations or warranties that the operation of the website will be uninterrupted or error free; that defects or errors in the website will be corrected; that the website will be free from viruses or harmful components; and that communications to or from the website will be secure or not intercepted.

The content of the Kush Tourism web pages may be offensive or objectionable. Kush Tourism LLC does not advocate, condone or promote licit or illicit drug use. Kush Tourism LLC cannot be held responsible for material on its website pages, or pages to which we provide links, which promote, condone or advocate licit or illicit drug use or illegal activities.

Kush Tourism LLC is not certified as a Legal Counsel. Not all statements in the web pages and blogs of KushTourism.com are opinions endorsed by Kush Tourism LLC.

ADVERTISING AND LINKS

KUSH TOURISM LLC accepts advertising from listed companies, brokers and other organizations and receives a fee from their advertising on the KUSH TOURISM LLC website. No endorsement by KUSH TOURISM LLC is intended or implied by the presence of such advertising. As a convenience to our visitors, the KUSH TOURISM LLC website currently contains links to a number of third-party websites. The privacy policies and procedures described here do not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. KUSH TOURISM LLC provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites.

LIMITATION OF LIABILITY

Subject to applicable law, in no event shall KUSH TOURISM LLC, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if KUSH TOURISM LLC knew of or ought to have known of the possibility of such damages.

KUSH TOURISM LLC expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the website (collectively, third-party user). Under no circumstances shall KUSH TOURISM LLC and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.

If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the website, you do so entirely at your own risk.

You hereby release KUSH TOURISM LLC and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through the website.

OTHER COUNTRIES

This website can be accessed from countries, states, and provinces around the world other than the USA and may contain references to KUSH TOURISM LLC products, services, and programs that have not been announced in your country. These references do not imply that any of us intend to announce such products, services or programs in your country. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.

CHANGES TO TERMS OF USE

We reserve the right to revise these Terms of Use at any time without notice to you. You are bound by such revisions so we encourage you to visit this page frequently to stay informed

VIOLATIONS OF TERMS OF USE

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site.

Terms of Service

Last Updated: March 28th, 2016

KushTourism.com

Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. Kush Tourism LLC (“Kush Tourism,” “we,” or “us”) offers an online marketing platform through its website located at kushtourism.com(the “Website”), mobile applications, and desktop applications (collectively, the “Service”). By accessing, browsing, submitting information to, or otherwise using the Service in any way, you acknowledge and agree to the following terms and conditions (the “Terms”) and represent and warrant that you are at least 21 years old. If you are younger than 21 years old or you do not agree to these Terms, or if you do not agree with our Privacy Policy, which is available at kushtourism.com/privacy, do not use the Service.

1. Description of the Service

Kush Tourism is an online marketing platform where individual users (“Users” or “You”) who are either Business owners in the Cannabis Industry looking to better connect to their customers by marketing their menus or product list (each an “Owner”) or customers looking to find information about cannabis and travel (each a “Customer”). By using the Service, either as an Owner or a Customer, you are agreeing to release, defend, hold harmless, and defend Kush Tourism free from any liability or damage that might arise out of the transaction between you and the applicable Owner or Customer. KUSH TOURISM IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OWNER, CUSTOMER, OR OTHER USER OF THE SERVICE OR FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

The Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, the “Content”). Owners, Customers, and other Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content.

2. Your Use of the Service

ABILITY TO ACCEPT TERMS: You affirm that you are more than 21 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

LICENSE: Subject to these Terms and our Privacy Policy, Kush Tourism grants you a limited, non-exclusive, personal, non-transferable and revocable license to access and use the Service and the Content solely for your personal, non-commercial use.

RESTRICTIONS: You shall not use the Website or the Services for any purpose that is prohibited by these Terms or law. Except as expressly permitted by Kush Tourism in writing, you shall not (i) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) access the Service in order to build or promote a similar or competitive service; or (iv) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Service. You shall not, and shall not permit any third party using your account to, use the Service to: upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; 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; harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks; attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means; harass or interfere with another User’s use and enjoyment of the Service; introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service; impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or display, mirror, or frame the Service.

3. Content and Restrictions

You are solely responsible for your Content. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable. You may not state or imply that your Content is in any way provided, sponsored, or endorsed by Kush Tourism. Kush Tourism is not obligated to remove any Content from the Service unless required by applicable law. Kush Tourism is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire. All Content you Submit must comply with the laws in your state and local area.

You shall not, and shall not permit any third party using your account to, Submit any Content, that: 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; is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; is in violation of any laws, or obligations or restrictions imposed by any third party.

Kush Tourism has the right, but not the obligation, to monitor all conduct on and Content submitted to the Kush Tourism Service.

4. Privacy

Your privacy rights are set forth in our Privacy Policy, which is incorporated herein by reference. Please review the Privacy Policy to learn about:

What information we may collect about you;

What we use that information for; and

With whom we share that information.

5. Membership

REGISTRATION: To fully use the Service, you must create an account by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Kush Tourism and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to these Terms.

USER NAME: If you are a business, government, or non-profit entity, you must use the actual name of your organization. Kush Tourism may refuse to grant you a username for any reason in our sole discretion, including in the event that Kush Tourism determines that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.

ACCOUNT SECURITY: You are entirely responsible for maintaining the confidentiality and use of your username and password and for any and all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at Dev@KushTourism.com.

6. Subscriptions And Purchases

OPTIONS: We offer tiers of paid subscriptions. Please see our subscription pages for current features and pricing of each tier. Features and prices are subject to change. When changes are made, Kush Tourism will post notice of the changes on the Website.

PAYMENTS: Kush Tourism charges and collects fees in advance. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Kush Tourism may withhold performance and discontinue the subscription until all amounts due are paid in full. All amounts are in US dollars. All fees are exclusive of all taxes, and you shall be responsible for payment of all such taxes, excluding only United States taxes based solely on Kush Tourism’s income. You agree to provide Kush Tourism with complete and accurate billing and contact information. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, Kush Tourism may terminate your access to the Service in addition to any other legal remedies. By providing Kush Tourism with your billing information, you agree that Kush Tourism is authorized to immediately invoice your account for all fees due and payable to Kush Tourism hereunder and that no additional notice or consent is required.

CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Kush Tourism. If you cancel a month-to-month subscription partially way through the month, your subscription will be cancelled at the end of the billing period. If you have questions, please contact Advertising@KushTourism.com.

RENEWALS: Your subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue month-to-month, at Kush Tourism’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by emailing Advertising@KushTourism.com or calling (844)587-5874 x3. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your payment provider provided in your billing information now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Kush Tourism does not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Kush Tourism may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received. You will have thirty (30) days from the Renewal Commencement Date to cancel your subscription, in which case Kush Tourism will refund your subscription fee.

OTHER PURCHASES: Purchases of other products and services through the Service may be subject to other terms and conditions that are presented to you at the time of purchase. Kush Tourism reserves the right to deny subscriptions, renewals, and other purchases for any reason.

7. Term And Termination; Account Deletion

TERM: Subject to this Section, these Terms will remain in full force and effect while you use the Service.

TERMINATION BY YOU: You may terminate your account at any time.

TERMINATION BY KUSH TOURISM: Kush Tourism may, in its sole discretion, (i) suspend your rights to use the Service, (ii) terminate these Terms, (iii) suspend, disable, or delete your account (or any part thereof), and/or (iv) block or remove your Content, at any time for any reason. If Kush Tourism terminates your account, you may not re-register for the Service. Kush Tourism may block your email address and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, your account, your right to access and use the Service, and all licenses granted by Kush Tourism will terminate immediately. All provisions of these Terms which by their nature should survive, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. In the event of account termination for any reason, your Content may no longer be available, however Kush Tourism reserves the right to continue to use your Content. Kush Tourism will not have any liability whatsoever to you for any termination of these Terms, including for termination of your account or the loss of such content.

8. Licenses Granted By You

As between you and Kush Tourism, you own all Content that you Submit to the Service. You acknowledge and agree that the Service contains Content provided by Kush Tourism and Users that may be protected by trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country (“Intellectual Property Rights”). You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Excluding Users’ Content, you acknowledge that and agree that all the Intellectual Property Rights in the Service is owned by Kush Tourism or Kush Tourism’s licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property Rights. Kush Tourism reserves all rights not granted in these Terms.

You grant Kush Tourism and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully paid, sublicensable license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), prepare derivative works of, incorporate into other works, and otherwise use your Content in connection with providing the Service. 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.

If you make suggestions to Kush Tourism on improving or adding new features to the Service, Kush Tourism shall have the right to use your suggestions without any compensation to you.

9. Your Representations And Warranties

For all Content that you Submit, you represent and warrant that: (i) you have the right to Submit the Content to Kush Tourism and grant the licenses set forth above; (ii) Kush Tourism will not need to obtain licenses from any third party or pay royalties to any third party; and (iii) the content complies with these Terms and all applicable laws.

10. Digital Millennium Copyright Act

Kush Tourism is committed to respecting and protecting the legal rights of copyright owners. As such, Kush Tourism adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Kush Tourism’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Kush Tourism’s Copyright Agent to receive DMCA Takedown Notices is:

Michael@KushTourism.com
Attn: KushTourism.com Copyright Agent
Kush Tourism LLC
3708 Airport Way S,
Seattle, WA, 98134

11. Social Media Sites and Third Party Links

The Service may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Kush Tourism provides these features, functionality, and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Kush Tourism is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Kush Tourism encourages you to carefully read the policies of each site you visit.

12. International Users

The Service can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Kush Tourism intends to announce such services or Content in your country. The Service is controlled and offered by Kush Tourism from its facilities in the Alaska, Colorado, Oregon, and Washington. Kush Tourism makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kush Tourism and its parents, subsidiaries, affiliates, directors, officers, employees, and agents, partners, and licensors, including reasonable attorneys’ fees and other legal costs, from and against any losses, costs, liabilities, claims, demands, and expenses relating to or arising out of: (i) your use of or inability to use the Service; (ii) your Content; (iii) your violation of any rights of another party; (iv) your violation of these Terms or any applicable laws, rules, or regulations. Kush Tourism reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kush Tourism in asserting any available defenses. You agree not to settle any matter without the prior written consent of Kush Tourism. Kush Tourism will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers

WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN KUSH TOURISM HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KUSH TOURISM, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, KUSH TOURISM DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. KUSH TOURISM RESERVES THE RIGHT TO CHANGE ANY PART OF THE SERVICE AT ANYTIME WITHOUT NOTICE.

15. Limitation Of Liability

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER KUSH TOURISM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF KUSH TOURISM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KUSH TOURISM AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KUSH TOURISM AND ITS AFFILIATES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU HAVE PAID KUSH TOURISM IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

16. General Provisions

GOVERNING LAW: These Terms shall be governed by the laws of the State of Washington, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention on Contracts for International Sale of Goods shall not apply.

DISPUTES: You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts located in Seattle, Washington. Any action arising out of or relating to this Agreement or your use of the Kush Tourism Service must be commenced in the state or federal courts located in Seattle, Washington. In any such action, Kush Tourism and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: These Terms constitute the entire agreement between you and Kush Tourism, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No failure or delay by Kush Tourism in exercising any right hereunder will not be deemed a waiver of any other provision or of such provision on any other occasion. Kush Tourism’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms or your rights and obligations hereunder without Kush Tourism’s prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. No third party shall have any rights hereunder. Your relationship to Kush Tourism is that of an independent contractor, and neither party is an agent or partner of the other.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Kush Tourism electronically and agree that all such information that Kush Tourism provides to you electronically satisfies any legal requirement that such information would satisfy if it were to be in writing. Kush Tourism may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may send an email to Dev@KushTourism.com. You may send notices of a legal nature to Kush Tourism at Michael@KushTourism.com or the following address:

Kush Tourism LLC
3708 Airport Way S,
Seattle, WA, 98134
Attention: Legal Department

Nothing herein shall limit Kush Tourism’s right to object to subpoenas, claims, or other demands.

MODIFICATION OF TERMS: Kush Tourism reserves the right to amend these Terms at any time in its sole discretion, effective upon posting of an updated version of these Terms on the Website. You are responsible for regularly checking the Website for changes to these Terms. Your continued use of the Website or the Service after any such changes are posted shall constitute your acceptance of such changes.