The website located at www.leafly.com (the “Site”) is operated by Leafly LLC, a Washington limited liability company (“Leafly,” “Us,” “Our,” and/or “We”), together with its affiliates, subsidiaries, parent company, and other related companies. Leafly provides in-store product review and ordering services via kiosks at dispensaries, as well as websites, including Leafly.com, Leafly.ca, Leafly.de, and related sub-domains, and mobile and/or software applications that host content related to cannabis varieties and related products, including reviews and ratings provided by its users, directories of cannabis dispensaries and medical providers, and cannabis-related news stories and other articles (collectively, with all other services provided by Leafly, the “Services”). Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “user,” “you,” and “your” refer to you, a user of our Site and/or Services.
THESE TERMS OF USE (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES. 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. THE AGREEMENT TO ARBITRATE IN SECTION 13 REQUIRES (WITH LIMITED EXCEPTION FOR INDIVIDUAL SMALL CLAIMS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO FINAL, BINDING, AND NON-APPEALABLE ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LEAFLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; (3) QUESTIONS ABOUT ARBITRABILITY AND GOVERNING LAW WILL BE DECIDED BY THE ARBITRATOR; AND (4) NO DISPUTE MAY BE BROUGHT IN ANY FEDERAL COURT.
If this Agreement is accepted on behalf of a business that is a Leafly customer, the Leafly Commercial Terms of Use and any applicable Leafly master services agreement also apply and control over this Agreement as described in Section 14.5.
1. IMPORTANT DISCLAIMERS
Leafly verifies that sellers of cannabis or cannabis products whose advertisements or business information are made viewable to California users hold a valid, unexpired license before displaying, storing, or hosting such advertisements or business information. Leafly does not knowingly permit California users to view the advertisements or business information of unlicensed sellers of cannabis or cannabis products. If you believe the Service is displaying, storing, or hosting advertisements or business information of an unlicensed cannabis or cannabis product seller, you may report it to Leafly at help@leafly.com. Leafly will review reports and take appropriate action, including removal of non-compliant content.
ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY LEAFLY ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. LEAFLY DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). LEAFLY IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD PARTY, OR OTHER USERS OF THE SITE OR SERVICES. LEAFLY IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
LEAFLY DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF LEAFLY’S SOCIAL MEDIA PAGES OR CHANNELS, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, 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. SUCH INFORMATION INCLUDES THIRD-PARTY MATERIALS, USER CONTENT, AND LEAFLY-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA LEAFLY’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, THE SERVICES, OR LEAFLY’S SOCIAL MEDIA PAGES AND CHANNELS.
ACKNOWLEDGEMENT OF FEDERAL LAW: You expressly acknowledge that Leafly is for residents of states and localities with laws regulating the medical or recreational use of cannabis only, and that medical cannabis collectives and patients are established pursuant to their respective local laws. Marijuana is included on Schedule I under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing, or possessing marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana, and 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 IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.
2. ELIGIBILITY AND ACCOUNTS
2.1 Eligibility. You must be twenty-one (21) years of age or older, or a qualified medical marijuana patient, to use the Site and/or Services within the United States.
2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Leafly (“Leafly Account”) and provide certain information about yourself as prompted by the Site registration form. 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 Leafly Account. Leafly may suspend or terminate your Leafly Account in accordance with Sections 6.4 and 11.
2.3 Account Deletion. You may delete your Leafly Account at any time, for any reason, by sending an email to support@leafly.com that includes your Leafly Account username and your request to delete your account.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Leafly Account login information and are fully responsible for all activities that occur under your Leafly Account. You agree to immediately notify Leafly of any unauthorized use, or suspected unauthorized use, of your Leafly Account or any other breach of security. Leafly cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.5 Social Networking Services. Alternatively, we may permit you to log in to the Site or Services, or otherwise associate your Leafly Account, with your login credentials from certain social networking sites (e.g., Facebook and X) (“SNS”). If you log in or otherwise associate your Leafly Account with your login credentials from an 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 such SNS will apply to the information we disclose to them.
3. SITE AND MOBILE APP
3.1 License. Subject to the terms of this Agreement, Leafly 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, Leafly grants you a non-transferable, non-exclusive license to install and use the software Leafly 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.
3.2 Certain Restrictions. 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. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. Leafly reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof, with or without notice. You agree that Leafly will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding User Content, you acknowledge that all intellectual property rights in the Site and Services are owned by Leafly, its affiliates, or Leafly’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Leafly and its suppliers reserve all rights not granted in this Agreement.
3.5 App Platforms. You acknowledge and agree 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 Leafly and not with the App Platform. Leafly, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. 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 14.4 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
4. COMMUNICATIONS
4.1 Text Messaging. By using the Services or Mobile App, you agree and consent to Leafly and those acting on its behalf sending you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Leafly, its affiliated companies, and necessary third-party service providers may include operational communications concerning your Leafly Account or use of the Services, updates concerning new and existing features on Leafly, communications concerning promotions run by us or our third-party partners, and news concerning Leafly 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 purchase of any goods or services offered by Leafly. If you change or deactivate the phone number you provided to Leafly, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed unwaivable, you agree that any such claim will be arbitrated on an individual, not class or representative, basis, as set forth in Section 13.
4.2 Opt-Out. By accepting this Agreement, you are agreeing to receive text messages until you opt out. You may opt out of receiving promotional text messages from Leafly at any time by replying STOP to a promotional text message from Leafly. You may opt out of receiving all text messages from Leafly at any time by deleting your account or by replying STOP to any text message from Leafly. NOTE: If you opt out of receiving all text messages from Leafly, 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 Leafly processes your request, and you may also receive text messages confirming the receipt of your opt-out request. By accepting this Agreement, you are waiving your right to pursue any claims arising under the TCPA related to any messages sent to you while your opt-out request is pending. To the extent any claim under the TCPA is deemed unwaivable, you agree that any such claim will be arbitrated on an individual, not class or representative, basis, as set forth in Section 13.
4.3 Opting Back In. You may opt back into receiving text messages from Leafly at any time by replying START to a text message from Leafly.
4.4 Push Notifications. 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 open. You can turn off notifications by visiting your mobile device’s “settings” page.
4.5 Email. 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 following the unsubscribe instructions in a promotional email.
5. USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits, uploads, or transmits to, or uses with, the Site or Services, including content in the user’s profile, reviews, ratings, photographs and other images, product information, and other postings. You acknowledge and agree that Leafly is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafly does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
5.2 User Content – Restrictions. You agree not to use the Site, Services, or any of Leafly’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 (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 (c) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. 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 Leafly. Because you alone are responsible for your User Content (and not Leafly), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Leafly is not obligated to back up any User Content, and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Leafly and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to reproduce, distribute, publicly display and perform, transmit, modify, adapt, edit, crop, reformat, translate, compile, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, in any form, format, or media now known or later developed, for any lawful business purpose of Leafly or its affiliates, including: (a) on and in connection with the Site, the Services, and any other website, application, platform, product, service, or feature now or hereafter owned, operated, or offered by Leafly or its affiliates (collectively, “Leafly Properties”); (b) to create, maintain, and improve the Catalog under Section 5.6; (c) in advertising, marketing, and promotional materials; (d) by syndicating, distributing, and sublicensing your User Content to Leafly’s distribution, data, technology, advertising, and marketing partners and other third parties (including search engines, mapping, directory, and listing services, Dispensaries, retailers, and brands) for display, promotion, or use in their products and services; and (e) [to develop, train, test, and improve Leafly’s products, technology, and machine-learning models]. This license includes the right to display the username, profile name, and profile image associated with your User Content in connection with that content. This license applies to all User Content, whether provided before or after you accepted this version of this Agreement, and survives any termination of this Agreement or deletion of your Leafly Account. 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. Leafly’s collection and use of your personal information is governed by our Privacy Policy, and nothing in this Section 5 limits any right you have under applicable privacy law with respect to your personal information.
5.5 Feedback. If you provide Leafly any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Leafly all rights in the Feedback and agree that Leafly shall have the right to use such Feedback and related information in any manner it deems appropriate. Leafly will treat any Feedback you provide to Leafly as non-confidential and non-proprietary. You agree that you will not submit to Leafly any information or ideas that you consider to be confidential or proprietary.
5.6 Product Catalog. Leafly may use your User Content, together with content from other users, Dispensaries, brands, and other sources, to create, enrich, verify, maintain, and improve one or more product catalogs, databases, and related listings, product pages, images, descriptions, attributes, ratings, and data (collectively, the “Catalog”), and may use, display, distribute, and sublicense the Catalog, including content derived from your User Content, across all Leafly Properties and through third parties as described in Section 5.4, without attribution or compensation to you. As between you and Leafly, Leafly owns the Catalog as a compilation and all content that Leafly creates for or derives within it, subject only to your underlying rights in your User Content as licensed under Section 5.4.
5.7 Content Representations and Warranties. You represent, warrant, and covenant that (a) you own, or have obtained all licenses, permissions, consents, and releases necessary to grant the rights in this Section 5 for, all of your User Content, including any photographs or images you did not create and the image or likeness of any person depicted; (b) Leafly’s exercise of those rights will not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other right of any third party; and (c) you will promptly notify Leafly at legal@leafly.com, identifying the affected content, if you become aware that you lack, or no longer have, those rights for any User Content, in which case Leafly may remove, replace, or cease using the affected content. Your obligations under Section 7 apply to any breach of this Section 5.7.
6. ACCEPTABLE USE POLICY
The following sets forth Leafly’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid account and email address to leave a review on Leafly. Prior to posting a review, you will need to verify the email address associated with your Leafly Account. You agree not to post reviews on the Site, Services, or any of Leafly’s social media pages or channels that are not based upon your personal experience or that are otherwise designed for any purpose other than providing other users of the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Leafly’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about any Dispensary employees or any other person; (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary; (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed; or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Dispensary, you may not post reviews about your Dispensary or products or about your competitors’ Dispensaries or products. As an owner of a Dispensary, you are responsible for moderating and enforcing the Acceptable Use Policy on all reviews posted to your Dispensary page. As used in this Agreement, “Dispensary” means any cannabis dispensary, retailer, or delivery service listed on the Site or Services.
6.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.
6.3 Technological Restrictions. In addition, 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 email 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 impersonate another user or Leafly, or gain unauthorized access to the Site or Services or 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.
6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Leafly Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we, in our sole discretion, suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
7. INDEMNITY
You agree to indemnify and hold Leafly (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 reasonable 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. Leafly 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 Leafly. Leafly will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE
8.1 Third-Party Interactions. During use of the Site or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Services. In particular, Leafly is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Leafly shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
8.2 Third-Party Materials. The Site or Services might display, include, or make available third-party content (including data, information, articles, applications, or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third parties, such as Deals and dispensary menus, including pricing, product names, and product descriptions in each menu (“Menus”) (collectively, “Third-Party Materials”). You acknowledge and agree that Leafly is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Leafly does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
8.3 Deals. The Site or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries (collectively, “Deals”). Deals constitute Third-Party Materials under this Agreement. Leafly displays these Deals on the Site and Services as a form of advertisement for the listing dispensary (the “Offeror”) only. All Deals are offered directly by the applicable Offeror and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services. The Offeror, and not Leafly, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.
8.4 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content and Third-Party Materials. 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. Your interactions with other Site or Services users (including Dispensaries) are solely between you and such user. You agree that Leafly 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 Services user, we are under no obligation to become involved.
8.5 Release. In consideration of your use of the Site and Services, you hereby release and forever discharge Leafly (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 claims related to privacy, receipt of text messages, personal injuries, death, and property damage), known or unknown, 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 Services users, Third-Party Interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.” If you are not a California resident, you hereby agree that the release above applies to all claims, including claims you did not know existed at the time you accepted this Agreement.
9. 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, LEAFLY (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.
10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEAFLY (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, LEAFLY’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) THE AMOUNTS YOU HAVE PAID LEAFLY IN THE PRIOR TWELVE (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 OR 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.
11. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Leafly Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Leafly Account and right to access and use the Site and Services will terminate immediately. You understand that termination of your Leafly Account may involve removal of your profile and of User Content associated with your Leafly Account from our Site, Services, and live databases, subject to Leafly’s continuing rights under Section 5, which may include continuing to display your User Content without your username or other identifying information. Leafly will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Leafly Account or removal or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2–3.4 and 4–14.
12. COPYRIGHT POLICY
Leafly respects the intellectual property of others and asks that users of our Site and Services do the same. 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 you 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:
12.1 Your physical or electronic signature;
12.2 Identification of the copyrighted work(s) that you claim to have been infringed;
12.3 Identification of the material on our Services that you claim is infringing and that you request us to remove;
12.4 Sufficient information to permit us to locate such material;
12.5 Your address, telephone number, and email address;
12.6 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 the law; and
12.7 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 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 in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Leafly is: Copyright Agent, Legal Department, [Leafly LLC / Leafly Holdings, Inc.], [600 1st Avenue, Suite LL20, Seattle, Washington 98104]. Email: legal@leafly.com.
13. ARBITRATION AGREEMENT; GOVERNING LAW; DELEGATION; CLASS ACTION AND JURY TRIAL WAIVERS
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND LEAFLY TO RESOLVE DISPUTES THROUGH FINAL, BINDING, AND NON-APPEALABLE INDIVIDUAL ARBITRATION RATHER THAN IN COURT; DELEGATES ALL QUESTIONS OF ARBITRABILITY AND GOVERNING LAW TO THE ARBITRATOR; WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION; AND WAIVES ANY RIGHT TO PROCEED IN ANY FEDERAL COURT.
(a) Definitions. As used in this Section 13: (i) “Leafly Parties” means Leafly LLC and each entity that directly or indirectly controls, is controlled by, or is under common control with Leafly LLC (each, a “Leafly Affiliate”), and each of their respective officers, directors, managers, members, employees, agents, successors, and assigns; and (ii) “Leafly Agreements” means (A) the Leafly Terms of Use, (B) the Leafly Commercial Terms of Use, (C) the Leafly Master Services Agreement – US Retailers (the “Retail MSA”), (D) the Leafly Advertising and Marketing Services Agreement – US Brands (the “Brands MSA”), and (E) any Quote, Service Order, Scope of Work, insertion order, invoice, or other ordering document entered into under any of the foregoing, in each case as amended from time to time.
(b) Agreement to Arbitrate. Except solely for individual small claims actions under subsection (c) and the other Permitted Court Proceedings described in subsection (n), you and Leafly agree that any dispute, claim, or controversy between you and any Leafly Party arising out of or relating in any way to this Agreement, any other Leafly Agreement, the Site, the Services, any content made available through the Site or Services, any communications between you and Leafly (including text messages, calls, emails, and push notifications), or the relationship between you and Leafly, whether based in contract, tort, statute (including the Telephone Consumer Protection Act, the Federal Trade Commission Act, and any state consumer protection law), regulation, fraud, misrepresentation, or any other legal or equitable theory, and whether arising before, on, or after the date you accepted this Agreement (each, a “Dispute”), will be resolved exclusively by final and binding arbitration before a single arbitrator in accordance with this Section 13. “Dispute” shall be given the broadest meaning permitted by law and includes any dispute concerning the existence, formation, validity, interpretation, performance, breach, termination, enforceability, or scope of this Agreement, any other Leafly Agreement, or this Section 13. Each Leafly Party that is not a party to this Agreement is an intended third-party beneficiary of this Section 13 and may enforce it. There is no judge or jury in arbitration, and court review of an arbitration award is extremely limited.
(c) Small Claims Court. Either you or Leafly may bring an individual action in a state or local small claims court of competent jurisdiction located in the county where you reside or in King County, Washington, but only for so long as the action remains in small claims court and proceeds solely on an individual (non-class, non-collective, non-representative) basis. If any such action is transferred, removed, or appealed to a court of general jurisdiction, or if a counterclaim is asserted that exceeds the small claims court’s jurisdiction, the action shall instead be resolved by arbitration under this Section 13. In no event may any Dispute be brought in, removed to, or transferred to any federal court.
(d) Mandatory Informal Dispute Resolution. Before commencing arbitration or a small claims action, the party asserting a Dispute must deliver to the other party a written notice of the Dispute (a “Dispute Notice”). Your Dispute Notice must be sent by email to legal@leafly.com and by certified mail to the notice address set forth in Section 14.6, must be personally signed by you (and not only by your attorney), and must include your name, the email address and telephone number associated with your Leafly Account (if any), a description of the Dispute, and the specific relief you seek. Leafly will send any Dispute Notice to you at the email address associated with your Leafly Account. Within ten (10) business days after receipt of a Dispute Notice, the parties shall begin good-faith discussions to resolve the Dispute and, if either party requests, shall participate in an individual telephone or video conference, which you (and your counsel, if you are represented) will personally attend. If the Dispute is not resolved within thirty (30) days after receipt of the Dispute Notice (the “Informal Resolution Period”), either party may commence arbitration or a small claims action. Compliance with this subsection (d) is a condition precedent to commencing arbitration or a small claims action. All applicable statutes of limitations and filing-fee deadlines are tolled from the date a compliant Dispute Notice is received until the end of the Informal Resolution Period.
(e) Administrator and Rules. The arbitration shall be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules & Procedures or, where applicable under JAMS’s rules, the JAMS Streamlined Arbitration Rules & Procedures, in each case as in effect when the arbitration is commenced (the “JAMS Rules”), together with the JAMS Consumer Arbitration Minimum Standards to the extent applicable (the “Consumer Standards”), which are available at www.jamsadr.com. If there is any conflict between this Section 13 and the JAMS Rules, this Section 13 controls, except that the Consumer Standards control to the extent they cannot be waived. If JAMS is unavailable or declines to administer the arbitration, the parties shall agree in writing on a substitute nationally recognized arbitration provider.
(f) Arbitrator; Seat; Hearings. The arbitration shall be conducted before a single neutral arbitrator who is a retired state or federal judge or an attorney with at least fifteen (15) years of experience, selected in accordance with the JAMS Rules. The seat of the arbitration is Seattle, Washington. Any hearing shall be conducted by videoconference or, at your election, in person in the county where you reside or in King County, Washington. If your claim seeks $10,000 or less, the arbitration shall be conducted solely on the basis of written submissions unless you request a hearing or the arbitrator determines that a hearing is necessary. The arbitration shall be conducted in English.
(g) Delegation of Arbitrability and Governing Law. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve: (i) any question of arbitrability, including any dispute regarding the existence, formation, validity, interpretation, applicability, scope, enforceability, revocability, waiver, or unconscionability of this Section 13 or any portion of it, and whether any Dispute is subject to arbitration; (ii) any question regarding which Leafly Agreement, or which dispute resolution provision of any Leafly Agreement, governs a Dispute; (iii) any question regarding governing law or choice of law, including whether, and to what extent, the law of the State of Washington or of any other jurisdiction applies to any Dispute, claim, or defense; and (iv) any contention that this Agreement or any other Leafly Agreement, or any portion of either, is void, voidable, illegal, or unenforceable, including by reason of the status of cannabis or cannabis-related activity under federal law. The parties expressly incorporate Rule 11(b) of the JAMS Comprehensive Arbitration Rules & Procedures and the corresponding provision of the JAMS Streamlined Arbitration Rules & Procedures, and intend this subsection (g) to constitute clear and unmistakable evidence of their agreement to delegate all such gateway questions to the arbitrator.
(h) Governing Law. Subject to the arbitrator’s authority under subsection (g), this Agreement, each other Leafly Agreement, and all Disputes shall be governed by the laws of the State of Washington, without regard to any conflict-of-laws principles that would require the application of the law of any other jurisdiction. This Section 13 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and federal arbitration law, and, to the extent the FAA is held inapplicable, by the Washington Uniform Arbitration Act, chapter 7.04A RCW. The parties acknowledge that the Leafly Agreements evidence transactions involving interstate commerce.
Nothing in this subsection (h) deprives you of the protection of any mandatory, non-waivable provision of the law of your state of residence, the applicability of which shall be determined by the arbitrator.
(i) Arbitrator’s Authority; Equitable and Emergency Relief. The arbitrator may award any relief that would be available to an individual party in a court under applicable law, including damages, declaratory relief, and injunctive relief, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall give effect to the disclaimers, limitations of liability, and other limitations set forth in this Agreement, except to the extent prohibited by non-waivable law. Before the arbitrator is appointed, either party may seek temporary, interim, or emergency relief under the emergency relief procedures of the JAMS Rules. To the extent applicable non-waivable law requires that public injunctive relief be available for a claim you assert, the arbitrator may award such relief; if it is finally determined under subsection (g) that such relief may not be awarded in arbitration, your request for public injunctive relief shall be severed, stayed until the arbitration of all other claims is complete, and thereafter pursued only as a Permitted Court Proceeding under subsection (n).
(j) Award; Finality; No Appeal. The arbitrator shall issue a reasoned written award. The award is final and binding on the parties and is not subject to appeal. The parties shall not invoke any optional appellate procedure (including the JAMS Optional Arbitration Appeal Procedure) and, to the fullest extent permitted by law, waive any right to appeal from, seek review of, or otherwise challenge the award in any court, except solely on the limited grounds for vacatur that cannot be waived under 9 U.S.C. § 10 or, if applicable, RCW 7.04A.230.
(k) Fees and Costs. Your responsibility to pay any JAMS filing, administrative, or arbitrator fees shall be solely as set forth in the Consumer Standards, and Leafly shall pay all remaining JAMS fees and arbitrator compensation. Each party shall bear its own attorneys’ fees and costs, except as otherwise provided by applicable law or as the arbitrator may award with respect to any claim or defense found to be frivolous or asserted for an improper purpose.
(l) Mass Arbitration. If twenty-five (25) or more substantially similar Dispute Notices or arbitration demands are asserted against any Leafly Party by or with the assistance of the same or coordinated counsel or organizations within any one hundred eighty (180) day period, the JAMS Mass Arbitration Procedures and Guidelines then in effect shall apply, and the parties shall cooperate in good faith with JAMS to implement an efficient process for resolving such Disputes, which may include administering claims in batches, conducting bellwether proceedings, and appointing a process arbitrator. All applicable statutes of limitations and filing-fee deadlines are tolled for any Dispute awaiting administration under this subsection (l).
(m) Individual Proceedings Only; Class Action Waiver. YOU AND LEAFLY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate the claims of more than one person or entity, may not preside over any form of class, collective, or representative proceeding, and may not award relief to or against anyone who is not a party to the arbitration. In no event shall any Dispute proceed as a class, collective, or representative arbitration. If this subsection (m) is finally determined to be unenforceable as to any claim, then that claim (and only that claim) shall be severed, stayed until the arbitration of all other claims is complete, and thereafter pursued only as a Permitted Court Proceeding under subsection (n), and all other claims shall be arbitrated.
(n) Permitted Court Proceedings; No Federal Forum. The only court proceedings permitted in connection with any Dispute (each, a “Permitted Court Proceeding”) are: (i) an individual small claims action under subsection (c); (ii) an action to compel arbitration or to stay litigation pending arbitration; (iii) an action to designate a substitute arbitration provider or arbitrator where this Section 13 and the JAMS Rules provide no other mechanism; (iv) an application for provisional relief in aid of arbitration where emergency relief under the JAMS Rules is unavailable or inadequate; (v) an action to confirm or enforce an award, or to vacate an award solely on non-waivable grounds as described in subsection (j); and (vi) the pursuit of any claim or request for relief severed under subsection (i) or subsection (m). Other than small claims actions brought under subsection (c), every Permitted Court Proceeding shall be brought exclusively in the Superior Court of the State of Washington for King County, and each party irrevocably submits to the personal jurisdiction of, and venue in, that court. EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO FILE, REMOVE, OR TRANSFER ANY DISPUTE OR PERMITTED COURT PROCEEDING TO OR IN ANY FEDERAL COURT OF THE UNITED STATES, INCLUDING ANY RIGHT OF REMOVAL UNDER 28 U.S.C. §§ 1441, 1446, OR 1453. If any Dispute or Permitted Court Proceeding is filed in or removed to a federal court, each party shall consent to, and cooperate in promptly obtaining, its dismissal or remand. A judgment entered on an award by the Superior Court of the State of Washington for King County may be recognized and enforced in any state court of competent jurisdiction.
(o) Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LEAFLY EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE OR PERMITTED COURT PROCEEDING.
(p) Confidentiality. Except as necessary to prosecute or defend a Permitted Court Proceeding, or as required by law, the parties shall keep confidential any award and any materials exchanged in the arbitration that are designated confidential. Nothing in this subsection (p) prohibits you from communicating with any government agency or from discussing the facts underlying your Dispute.
(q) Time Limit to Assert Disputes. To the fullest extent permitted by applicable law, any Dispute must be asserted in a Dispute Notice within one (1) year after the claim accrues, or it is permanently barred. This subsection (q) does not extend any shorter period for disputing invoices, charges, or payments set forth in any Leafly Agreement.
(r) Relationship to Other Leafly Agreements. This Section 13 applies to all Disputes, whether arising under this Agreement or any other Leafly Agreement, and supersedes any inconsistent dispute resolution, arbitration, forum selection, venue, jurisdiction, governing law, or jury trial provision in (i) any Leafly Agreement, including any prior version of any Leafly Agreement, (ii) any Quote, Service Order, or other ordering document, (iii) any document incorporated by reference into any Leafly Agreement, including the IAB Terms, and (iv) any other agreement between you and any Leafly Party relating to the subject matter of the Leafly Agreements. The dispute resolution provisions of the Leafly Agreements are intended to be consistent. In the event of any inconsistency among the dispute resolution provisions of the Leafly Agreements to which you are a party, they shall control in the following order: (A) Section 15.3 of the Retail MSA; (B) Section 11 of the Brands MSA; (C) Section 12 of the Leafly Commercial Terms of Use; and (D) Section 13 of the Leafly Terms of Use.
(s) Changes to This Section 13. Notwithstanding any provision of this Agreement permitting Leafly to modify its terms, no change to this Section 13 shall apply to any Dispute for which a Dispute Notice was delivered, or an arbitration commenced, before the effective date of the change; each such Dispute shall be governed by this Section 13 as in effect when the Dispute Notice was delivered.
(t) Severability; Survival. Except as provided in subsection (m), if any portion of this Section 13 is finally determined to be unenforceable, that portion shall be severed and the remainder of this Section 13 shall be enforced to the fullest extent permitted by law. This Section 13 survives the expiration or termination of this Agreement, the closure of any account, and the end of your use of the Services.
(u) Users Outside the United States. [This Section 13 applies to users located in the United States. If you reside outside the United States, the dispute resolution terms of the Leafly terms of use applicable in your jurisdiction apply instead.]
14. GENERAL
14.1 No Support or Maintenance. You acknowledge and agree that Leafly will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.2 Changes to Terms of Use. We may amend this Agreement at any time in our sole discretion. If we do so, we will post the amended Agreement on the Site with a “last updated” date and will disclose the amendment by email to the address associated with your Leafly Account (if any), by in-app or push notification, and/or by prominent notice on the Site (posting together with any such disclosure, “Posting and Disclosure”). Amendments are effective and binding on you immediately upon Posting and Disclosure, unless the amended Agreement expressly states a later effective date. You agree to review this Agreement periodically so that you are aware of any amendments. Your continued access to or use of our Site or Services after Posting and Disclosure constitutes your acceptance of, and agreement to be bound by, the amended Agreement. Changes to Section 13 are subject to subsection (s) of Section 13.
14.3 Copyright/Trademark Information. Copyright © [2026], [Leafly LLC]. All rights reserved. Leafly®; the Leafly logo; the Leafly green, purple, and rusty maroon colors used in combination; the Leafly green, purple, and rusty maroon colors used for hybrid, indica, and sativa cannabis strains; and the Leafly tile designs (collectively, the “Marks”) are trademarks of Leafly, 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 Leafly’s Marks or any third-party marks displayed on our Site without prior written consent from, respectively, [Leafly Holdings, Inc.], Apple, or the owners of such third-party marks.
14.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the Apple App Store (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and Leafly only, and not Apple, and (ii) Leafly, not Apple, is solely responsible for the App Store Sourced Mobile App and the content thereof. The license granted to you in this Agreement to use the App Store Sourced Mobile App and the Services 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 Leafly 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 Leafly.
(d) You and Leafly acknowledge that, as between Leafly 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: (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 Leafly 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 Leafly and Apple, Leafly, 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 this Agreement.
(f) You and Leafly acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this 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 this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
14.5 Miscellaneous; Order of Precedence. This Agreement constitutes the entire agreement between you and us regarding your use of the Site and Services as an End User. If you use the Site or Services on behalf of a business that is a Leafly customer, the Leafly Commercial Terms of Use and any Leafly master services agreement to which that business is a party also apply and, in the event of any conflict or inconsistency, control over this Agreement; provided that (i) the licenses and rights granted to Leafly in content under this Agreement, the Leafly Commercial Terms of Use, and any Leafly master services agreement are cumulative, and no provision of any of them shall be construed to limit any broader license granted to Leafly under another; and (ii) all Disputes shall be resolved exclusively in accordance with Section 13 and the corresponding provisions of those agreements. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Leafly of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Subject to Section 13, if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is 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 Leafly. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Leafly’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.
14.6 Leafly Contact Information; Notice Address. Leafly LLC, Attn: Legal Department, 600 1st Avenue, Suite LL20, Seattle, Washington 98104. Email: support@leafly.com (general); legal@leafly.com (legal notices and Dispute Notices).
Leafly Canada Ltd., Attention: Privacy Officer, 50 Carroll Street, Toronto, ON M4M 3G3. Email: support@leafly.com
Leafly Holdings GmbH, Attention: Privacy Officer, Kemperplatz 1, 10785 Berlin. Email: kontakt@leafly.de