Payment & Service Policy
1. Agree to be Bound
2. Using our Services
Using our Services does not give you ownership or any intellectual property rights in our Services or the content that you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from CCC or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
3. Legal Information and No Formation of an Attorney-Client Relationship
CCC is a Delaware limited liability company and Compassionate Certification Centers a PA LLC that publishes the Site as a service to its users (“Users”). CCC is not a medical professional or a health care provider. The medical information posted on the Site (the “Medical Information”) is intended for general informational purposes only and should be used only as a starting point for addressing medical issues. CCC does not guarantee the accuracy or completeness of the Medical Information. The Medical Information is not intended to constitute medical advice or to substitute the advice of a medical professional who is licensed in your jurisdiction. The Medical Information does not constitute the provision of medical services, and accessing such information or otherwise using our Services does not create a doctor-patient relationship between you and CCC or any other party. Neither CCC nor any of its owners, directors, officers, employees, representatives, affiliates, vendors or agents shall have any liability whatsoever arising from any reliance that a User may place on the Medical Information contained in the Site or obtained from a medical professional that is affiliated with CCC through our Services.
4. Services for Consumers
The Site is a platform that facilitates direct, confidential discussions regarding medical issues with doctors that may or may not be affiliated with CCC. In all such instances as well as in any transactions arising from or related to these discussions CCC is simply an intermediary. Any doctor-patient relationship formed as a result of such discussions is between the patient and the doctor; CCC is not and should not be construed as a party in privy to any such relationship. CCC seeks to ensure that such relationships are of high quality. However, you hereby acknowledge that CCC cannot be held responsible for the quality or accuracy of any Medical Information or medical services provided by medical professionals that you connect with via CCC.
5. Services for Medical Professionals
CCC offers levels of membership services for medical professionals, business owners and dispensaries. By purchasing our membership services, you agree to pay CCC the indicated fee. Payments for membership services will be charged on or about the date that your membership goes into effect.
Transaction fees will be charged on or about the date of the transaction. Membership services are not prorated or refundable.
If your payment method fails or your account is past due, CCC reserves the right to suspend or terminate your membership.
6. Eligibility to Use Services
Users under 18 years of age are not eligible to use the Services for patients. Such Users may become eligible to use the Services for patients with the consent and supervision of a parent or legal guardian, provided that such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such uses of the Services. CCC reserves the right to refuse the use of the Site or the Services to anyone. In addition, CCC reserves the right, without notice and in its sole discretion, to reject, cancel, interrupt, remove or suspend the use of the Site or the Services by any one at any time for any reason without liability.
7. License to Users and Termination
CCC grants each user a limited, non-exclusive, non-transferrable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms. Notwithstanding any of these Terms, CCC reserves the right to amend, update or change the Terms without prior notice.
8. MMJ-Related Services Advertising and Communications
It is solely the responsibility of medical professionals and healthcare providers to ensure that any information or advertisements they post or place on the Site (including without limitation any Medical Information), and any communications that they may have with prospective clients through the Site or Services fully complies with all applicable laws, regulations, and codes of medical ethics, including those concerning the manner or content of communications, advertisements, and marketing of medical marijuana (“MMJ”) or medical marijuana-related services.
If you believe that any content on the Site infringes upon any copyright which you own or control, you may file a U.S. Digital Millennium Copyright Act or DCMA Notice of Alleged Infringement with CCC’s Designated Copyright Agent:
Melonie Kotchey, Chief Operating Officer
10. Third-Party Websites, Advertisers or Services
Each User agrees to defend, indemnify and hold harmless CCC, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to the use of the Site or the Services, breach of these Terms or violation of any laws. CCC may assume exclusive defense and control of any matter for which Users have agreed to indemnify CCC and each User agrees to assist and cooperate with CCC in the defense or settlement of any such matters.
12. No Warranty
CCC has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT THE USER’S OWN RISK.
13. Limitation of Liability
CCC (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO CCC FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow CCC to limit its liability: Notwithstanding any provision of the Terms, for the Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then CCC’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, CCC does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
All provisions of the Terms that by their nature should survive any termination shall survive any termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
15. Applicable Law and Venue
The laws of the Commonwealth of Pennsylvania will apply to any disputes arising out of or related to these Terms or the Services. All claims arising out of or relating to these Terms of Services will be litigated exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and you and CCC consent to personal jurisdiction and exclusive venue in such courts.
16. Entire Agreement
These Terms constitute the entire agreement between Users and CCC with respect to the subject matter of these Terms, and supersede and replace any prior version of these Terms. These terms create no not third party beneficiary rights.
17. Wavier, Severability and Assignment
CCC’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these terms is found unenforceable, the remaining provisions of the Terms will remain in full force and effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. CCC may assign any of its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
18. Questions and Contact Information
If you have questions regarding the use of the Site, or its contents, please contact customer care at 888-316-9085.