Terms and Conditions

These Terms and Conditions govern the use of the FundingMarijuana.com website and services (the "Services"). By using the Services, Users agree to be bound by these Terms and Conditions, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). FundingMarijuana.com may amend these Terms at any time by posting a revised version. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

We reference those raising funds for projects as "Campaign Organizers" and their project campaigns as "Campaigns". The term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. We refer to those donating funds as "Contributors" and to the funds they donate as "Contributions". Campaign Owners, Contributors and all other visitors to the FundingMarijuana.com website are referred to collectively as "Users".

By creating Campaigns and using our Services, you will be contracting with FundingMarijuana.com. “FundingMarijuana.com”, “we”, “us”, “our”, and other similar terms, shall refer to the party with whom you are contracting.

Description of Services

FundingMarijuana.com is an online crowdfunding venue for people and business entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. We are not a broker, financial institution, creditor or charitable institution. The Services are an administrative venue only. FundingMarijuana.com facilitates the contribution transaction between Campaign Organizers and Contributors, but is not a party to any agreement between a Campaign Organizer and a Contributor. FundingMarijuana.com has no control over the information provided by, or the conduct of a Campaign Organizer, and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. 

Campaign Organizers can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Rewards") to Contributors. Rewards are not offered for sale. FundingMarijuana.com makes no representations about the quality, safety, morality or legality of any Campaign, Reward or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. FundingMarijuana.com does not represent that Campaign Organizers will deliver Rewards or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and FundingMarijuana.com is not a broker-dealer or a member of the Financial Industry Regulatory Authority.

Although there are no fees to register an account or set up a Campaign, a percentage of each Contribution will be charged as fees for our Services. Please see the Fees page for details.

Services Eligibility

Users under 18 years of age are not eligible to use our Services. Users suspended from using the Services are not eligible to use the Services. FundingMarijuana.com reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.

Charitable Giving

Campaigns are not charities to which you can make tax-deductible charitable contributions, even if the Campaign Organizer is a non-profit entity. Any contribution you make to a non-profit through the FundingMarijuana.com website will be subject to a Services Fee as described on our Fees page. You understand and acknowledge that FundingMarijuana.com is not a charity. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.

Prohibited Campaigns

Campaign Organizers are not permitted to create a Campaign to raise funds for activities illegal in their state of residence, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Rewards and using Contributions. Campaign Organizers shall not make any false or misleading statements in connection with their Campaigns. All Campaigns must be approved by a site administrator before they are visible to the public. If you attempt to mislead or scam, your Campaign will be denied and you may be banned from our Services.

Prohibited Rewards

Campaign Organizers are not permitted to offer or provide any of the following as a Contribution Reward:

  • any form of "security" (as such term is defined in the Securities Act of 1933);
  • any form of financial incentive or participation in any profit sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance not legal to distribute;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any human remains, such as bones or skulls;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.

ALWAYS be cautious of marijuana / cannabis laws in your state of residence. Because laws change from state-to-state, it is up to BOTH the Campaign Organizers and Users to do their own homework when providing or accepting rewards for contributions to ensure that it is 100% legal.

Campaign Organizer Obligations

You, as a Campaign Organizer, represent, warrant, and covenant that:

  1. all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user;
  2. all Contributions to your Campaign will be used solely as described in the materials that you post;
  3. you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and
  4. to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize FundingMarijuana.com to provide information relating to your Campaign with Contributors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation. 

Registration Obligations

You may be required to register with FundingMarijuana.com in order to access and use certain features of the Services, including to create a Campaign. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer. Registration data and certain other information about you is governed by our Privacy Policy. Certain aspects of our Services may also require you to register with (and agree to the terms of) third-party service providers (e.g., payment processors) in order to utilize such Services and receive payment(s). While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy. 

Contributions and Refunds

In order to contribute to a Campaign, a Contributor may be required to provide FundingMarijuana.com information regarding a credit card or other payment instrument. You, as a Contributor, represent and warrant to FundingMarijuana.com that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Contribution amount may apply, and that all Contribution payments are final and will not be refunded unless FundingMarijuana.com, in its sole discretion, agrees to issue a refund in a special case.

Payment Services

Campaigner Organizers and Contributors currently only have the option to use PayPal for payment processing on FundingMarijuana.com. Campaign Organizers and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. In all cases, standard credit card or other third party processing fees may apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Fees

Setting up an account on the FundingMarijuana.com Service is free. We do not charge any Service Fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge a flat percentage Service Fee to Campaign Organizers as a portion of the Contributions they raise (the "Service Fees"). By using the Services, all Users agree to our Service Fees listed HERE. If our Service fees change, they will be effective immediately after we change them on our Service Fees page. Updated Service Fees are applied to Campaigns launched after the changes are made.

An additional payment processing fee is also deducted from each Contribution and is payable directly to our payment partners (the "Payment Processing Fee," and together with the FundingMarijuana.com Fees, the "Fees"). Contributors acknowledge that by contributing a donation to a Campaign, the Contributor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms and Conditions.

The funds a successful Campaign receives after it is completed will be after subtracting all applicable Fees.

State and Federal Taxes

It is your responsibility to determine what, if any, taxes apply to the Contributions you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Disputes Between Campaign Organizers and Contributors

Campaign Organizers are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). If a Campaign Organizer is unable to perform on any promise and/or commitment to Contributors, the Campaign Organizer will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Organizer. FundingMarijuana.com is under no obligation to become involved in disputes between Campaign Organizers and Contributors, or Users and any third party. In addition, FundingMarijuana.com is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Organizer, and will not be obligated to make any changes to Campaign Organizer accounts or transfer of ownership. In the event of any dispute, such as a Campaign Organizer's alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we may provide the Campaign Organizer's contact information to the Contributor so that the two parties may resolve their dispute.

User Content

With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant FundingMarijuana.com and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless FundingMarijuana.com and its contractors and employees, from:

  1. all claims for invasion of privacy, publicity or libel,
  2. any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and
  3. any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness.

You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of FundingMarijuana.com in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or FundingMarijuana.com's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

Indemnity

All Users agree to defend, indemnify and hold harmless FundingMarijuana.com, 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 use of the Services, breach of these Terms or violation of any laws.

No Warranty

FundingMarijuana.com has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Waiver and Release

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

FUNDINGMARIJUANA.COM (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 FUNDINGMARIJUANA.COM 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 FUNDINGMARIJUANA.COM 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 FundingMarijuana.com to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then FundingMarijuana.com's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, FundingMarijuana.com 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.

Copyright Complaints

FundingMarijuana.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify FundingMarijuana.com immediately of your infringement claim via email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

About Us

Our mission is to promote the expansion of the marijuana / cannabis industry while helping individuals and businesses to succeed.

We want everyone to take advantage of this wildly growing industry and help reach those who want to contribute to your success.

©2018 Funding Marijuana - All Rights Reserved
Designed By Bryan Earl

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