terms of service.
The website located at www.findEuphora.com (the “Site”) is a copyrighted work belonging to Nuvole Corporation d/b/a Euphora / d/b/a Euphora Modern Wellness (“Euphora”, “Euphora Modern Wellness” “Us”, “Our”, and/or “We”). This Site provides resources related to products and services available in Euphora’s retail locations and other general information regarding the natural wellness, kratom, CBD, and cannabis industry. Certain features of the Services or Site may be subject to additional guidelines, terms, and legal restrictions pursuant to local laws, regulations or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you” and “your” refer to you, a user of our Site and/or Services.
All information contained on the site and services is for informational purposes only. Content posted by Euphora on any website, mobile application, social media channel, third-party content service, or advertisement is for informational purposes only. Euphora 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, independent testing results, and third-party information or materials. Euphora does not offer medical advice. Any information accessed through the site and services, or within any of Euphora’s social media pages or channels is for informational and educational or informational 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, without limitation, third-party materials, user content, and Euphora-generated content derived from user content (e.g., strain information, attributes, third-party testing results, and other data). The information on the site and services and provided via EEuphora’s social media pages and channels should not be used for the diagnosis or treatment of any medical condition. Always consult your doctor or other qualified healthcare 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, services, or on Euphora’s social media pages and channels.
Euphora does not offer legal advice. Nothing contained herein or accessed through this site and its services shall be construed as providing legal advice or services to the site’s users or any other party. Users with questions regarding the legality of naturopathic remedies, kratom, CBD or cannabis or any other legal matter have represent warrant and agree that they have contacted independent legal counsel of their choosing or have knowingly chosen to waive that right before using this site or services provided by Euphora. The foregoing disclaimers and limitations on liability shall not limit the more general disclaimers and limitations contained elsewhere in this agreement.
Section 1. User eligibility
You must be 18 years of age to use the Site and/or Services related to the Site. You must also be legally eligible to use the Site and/or Services pursuant to the laws of the state of Oklahoma.
Section 2. License
Subject to the terms of this Agreement, Euphora grants you a limited nontransferable, non-exclusive license to use the Site and Services for your personal, noncommercial use. No use that is inconsistent with this License is permissible.
Section 3. Account Creation and Maintenance
In order to use certain features of the Site (e.g., to use the Services), you may be required to create an account with Euphora (“Account”) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful and accurate; and that you will maintain the accuracy of such information at all times. You may not create more than one Account. Euphora may suspend or terminate access to your Account in its sole and absolute discretion. You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Euphora of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Euphora cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Section 4. Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; you shall not access the Site or Services in order to build a similar or competitive site; and 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.
Section 5. Modification and Suspension of the Site or Services
Euphora reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice.
Section 6. Ownership of Intellectual Property
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, displayed or depicted on the Site are owned by Euphora or Euphora’s licensors. Nothing on this Site shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Euphora and its suppliers reserve all rights not granted in this Agreement.
Section 7. Grant of License to Euphora
You hereby grant, and you represent and warrant that you have the right to grant, to Euphora an irrevocable, nonexclusive, royalty-free, and fully-paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your reviews, and to grant sublicenses of the foregoing, solely for the purposes of including your reviews or user content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your reviews and user content.
Section 8. Acceptable Use Policy
You agree not to post reviews on the Site or any of Euphora’s social media pages or channels that are not based on your own personal experiences. All reviews must be factual in nature. Reviews based on secondhand, non-personal experience are expressly prohibited. Reviews posted on the Site or any of Euphora’s social media pages or channels must not: be written exclusively in capital letters; be plagiarized; contain spam or advertisements and/or links to external websites; contain disparaging information about any person, or lewd attacks against a specific individual or group of individuals; contain references to competitors other than the product being reviewed, or contain unrelated personal grievances. If you are an owner, agent, volunteer, or employee of a competitor you may not post reviews about your dispensary or products. In addition, you agree not to use the Site or Services to upload, transmit, or distribute any computer malicious software including spyware, malware, or any other harmful software or program designed to damage any device of any kind or to disseminate spam or other unwanted information.
Section 9. Indemnification
You agree to indemnify and hold Euphora (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and 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 violation of this Agreement; or (iii) your violation of any laws or regulations.
Section 10. Third Party Information and Materials
Third-Party Materials. The Site might display, include, or make available third-party content (including data, information, product testing results, or other information), or contain links to third-party websites, services, and advertisements for third parties. You acknowledge and agree that Euphora is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Euphora 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
Section 11. Discounts, Special Offers
The Site or Services might display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from Euphora. Euphora displays these Deals on the Site and Services as a form of advertisement. All Deals are may be subject to additional terms, conditions, or restrictions under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Site or Services.
Section 12. Release
You hereby release and forever discharge Euphora (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third-Party Materials.
Section 13. Disclaimers and limitation of liability
The site and services are provided “as-is” and “as available,” and we expressly disclaim, to the fullest extent permitted by applicable law, any warranties and conditions of any kind, whether expressed or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or noninfringement. Without limiting the foregoing, Euphora makes no warranty that the Site or Services: will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Limitation on liability to the fullest extent permitted by applicable law, in no event shall Euphora 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, Euphora’s 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 (a) fifty us dollars ($50)
Section 14. Term and Termination
This Agreement will remain in full force and effect while you use the Site. Euphora may (a) suspend your rights to use the Site and/or Services (including your 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.
Euphora may amend these Terms at any time at our sole discretion. You agree to review these Terms periodically so that you are aware of any modifications.
Section 16. Copyright/Trademark Information
Copyright © 2019, Euphora, All rights reserved. Euphora; the Euphora logo; are trademarks of Nuvole Corporation. The display of third-party marks or logos of Euphora’s vendors are also reserved by each respective entity. You acknowledge and agree that You are not permitted to use Euphora’s marks or any third-party marks displayed on its site without prior written consent from, respectively, Euphora or the owners of third-party marks.
Section 17. Miscellaneous
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Euphora’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 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 Euphora. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Euphora’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. This Agreement shall be governed by the laws of the state of Oklahoma without regard to choice of law provisions. The proper venue for any dispute arising from this Agreement shall be the courts in and for Oklahoma County, Oklahoma.
We ask that you not send us any sensitive personal information about yourself or others (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or philosophical beliefs, health, sex life or sexual orientation, criminal background, or trade union membership, or biometric or genetic data for the purpose of uniquely identifying an individual) on or through the Site.
Use by Minors
This Site is intended for persons 18 years of age and older. We do not knowingly collect information from individuals under 18 years of age, children, or minors.
Personally identifiable information
We may collect personally identifiable information from Users when they visit our Site and submit their information via our Contact Form or sign up for our newsletter. Users may be asked for their name, email address, mailing address and/or phone number, or other similar information. We will collect this personally identifiable information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifiable information, except that it may prevent them from engaging in Site-related activities or receiving responses to their inquiries or other information of interest such as our newsletter.
Non-personally identifiable information
We may automatically collect non-personally identifiable information about Users whenever they interact with our Site. Non-personally identifiable information may include Users’ browser name, demographic data about Users, the amount of pages Users visited on the Site, whether Users have previously accessed the Site, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized, and other similar information.
In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this type of information in order to increase our Site’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.
Web browser cookies
How we use collected information
Euphora may collect and use Users’ information for the following purposes:
To respond to User requests and improve User service: Information you provide helps us respond to your questions and requests more efficiently.
To send Users information they agreed to receive: We may send you information about topics we think may be of interest to you such as our newsletters.
To send periodic emails: We may use your provided email address to send you information and updates. We may also use this information to respond to your inquiries, questions and/or other requests.
To personalize User experience: We may use information in the aggregate to understand how our Users as a group use the Site.
To improve our Site: We may use information we have collected to improve the Site or our other services.
How we protect your information
We will retain information we collect via the Site for as long as we believe it is useful, for the purposes outlined above. If you cease using the Site for any reason, we may continue to use this information for the purposes outlined in this Policy as amended from time to time. We are under no obligation to retain information we have collected via this Site under this Policy.
We seek to use commercially-reasonable data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information under our control.
However, no data transmission over the Internet or data storage system is 100% secure. We cannot guarantee that your use of our Site will be completely safe. We encourage you to use caution when using the Internet.
Sharing your personal information
We do not sell, trade, or rent Users’ personally identifiable information to others. We may employ third-party companies and individuals to facilitate our Site and to provide Site-related services and/or to assist us in analyzing how our Site is used. These third parties have access to your personally identifiable information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose. Users’ personally identifiable information may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding. Users’ personally identifiable information may be disclosed to a third party if the disclosure is reasonably related to the sale or other disposition of all or part of our business or assets.
We may share generic, aggregated demographic information not linked to personally identifiable information with third-party partners, affiliates, or service providers for the purposes outlined above.
We may use third-party services such as Google Analytics to analyze non-personally identifiable information as described above, and those service providers may use this information subject to their own privacy policies.
Our Site may contain links to sites of third parties. We do not control the content or links that appear on these sites and are not responsible for these sites. These sites may have their own privacy policies. Browsing and interaction on any other website, including websites that have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our Site. Your continued use of the Site following the posting of changes to this Policy will be deemed your acceptance of those changes.
Accessing, Changing, or Deleting Your Personal Information
If you would like to review, correct, update, restrict, or delete your personal information, please contact us at [email protected]