Last Modified: 7/1/2020

Acceptance of the Terms of Use

The following terms and conditions outline the rules and regulations governing the use of the ATCPC of Ohio, LLC dba Klutch Cannabis (“Klutch”) website (the “Terms of Use”). Please read these Terms of Use carefully. By accessing the Website, you agree to be bound by these Terms of Use and our Privacy Policy found at www.klutchcannabis.com/privacy, incorporated herein by reference. The Terms of Use set forth the legal terms and conditions governing your use of our Website located at www.klutchcannabis.com and any other online and mobile websites, blogs, and interactive applications operated by Klutch (collectively, the “Website”). Klutch reserves the right, in its sole discretion, to modify, update, enhance, discontinue, add, adapt, or otherwise change (collectively, “modify”, with any instance of one of the foregoing actions constituting a “modification”) any term or condition of these Terms of Use. By continuing to access this Website after the date of any amendments to the Terms of Use, you agree to be bound by the amended Terms of Use.

If, at any time, you find any of the Terms of Use unacceptable, please discontinue your use of this Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes as they are binding on you.

Restrictions on Use

The information provided on this Website and any other holding interest of Klutch is not to be reproduced or used for any purpose other than for your own personal information and visual representation without the written consent of Klutch.

Eligibility

The Website is intended solely for users who are age 18 or older and in possession of a valid medical marijuana registration card. By accessing the Website, you represent and warrant that you are age 18 or older and that you have a valid medical marijuana registration card. Certain parts of the Website may be subject in whole or in part to heightened age and/or other eligibility requirements.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. (

d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, social media accounts or handles, screen names, or any other identifying information associated with any of the foregoing).

(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

(i) Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

(ii) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

iii) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

(iv) Use any device, software, or routine that interferes with the proper working of the Website.

(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

(vii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

(viii) Otherwise attempt to interfere with the proper working of the Website.

Notice Regarding Medical Advice

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE WEBSITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Use of Information Included on this Website

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by Klutch, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Klutch. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranty and Limitation of Liability

KLUTCH AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY, OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.

SUCH INFORMATION OR TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

KLUTCH AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR PROSPECTIVE ECONOMIC ADVANTAGE RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE, OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE OF PERFORMANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATABILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE OF KLUTCH OR ITS AFFILIATE’S CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH ARE REASONABLY FORSEEABLE.

Indemnification

BY USING THE WEBSITE YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD- PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES ARISING OUT OF OR RELATING TO YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR KLUTCH’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN KLUTCH’S DEFENSE OF ANY CLAIM. KLUTCH RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF KLUTCH.

Privacy

Please see Privacy Policy for more information.

Cookies

We employ the use of cookies. By using the Website, you consent to the use of cookies in accordance with our Privacy Policy. Most modern-day, interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

Available Only Where Permitted by Law

The products and services described in the Website are only offered in the State of Ohio. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.

Hyperlinks are Not Endorsements

Links to other websites or references to other products, services, or publications do not imply the endorsement or approval of such websites, products, services, or publications by Klutch. Third- party websites reached through links from the Website may also have privacy and security policies different from Klutch and may provide less security. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features at www.klutchcannabis.com with certain content, you may take such actions as are enabled by such features.

You must not

(a) Modify copies of any materials from this Website.

(b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

(d) Access or use, for any commercial purposes, any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@klutchcannabiscom. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Klutch, Klutch USA, Klutch Cannabis, Klutch Select, Klutch Mind and Body, and Klutch CBD names, the logos for Klutch Cannabis, Klutch Select, Klutch Mind and Body, Klutch USA, and Klutch CBD, and all related names, logos, product and service names, strain names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Geographic Restrictions

The owner of the Website is based in the State of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Contact

To ask questions or comment about our Privacy Policy and our privacy practices, please contact us at: info@klutchcannabis.com

-or-

Klutch Cannabis
1055 Home Avenue
Akron, Ohio 44310

Severability

In the event that any provision of our Privacy Policy, or part thereof, shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions, or parts thereof, shall not in any way be affected or impaired thereby.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in the City of Akron and County of Summit, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Klutch regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by ATCPC of Ohio, LLC dba Klutch Cannabis, located at 1055 Home Avenue, Akron, Ohio 44310.

All notices of copyright infringement claims should be sent in the manner and by the means set out herein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@klutchcannabis.com.

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