This document was last updated on May 6, 2022.
Hytiva Media, LLC (“HYTIVA”).
HYTIVA DOES NOT OFFER MEDICAL ADVICE
ANY INFORMATION ACCESSED THROUGH HYTIVA.COM (THE “SITE”) AND/OR SERVICES, OR WITHIN ANY OF HYTIVA’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, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, AND USER CONTENT.
NOTHING HEREIN IS INTENDED TO BE DISCERNED AS MEDICAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION.
HYTIVA does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this website. Reliance on any information appearing on this website is solely at your own risk.
HYTIVA operates under applicable state laws. You expressly acknowledge and understand that marijuana and/or cannabis is listed on the Schedule I of 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. You further acknowledge that medical use of marijuana is not a valid defense under federal laws.
You expressly acknowledge that any statements relating to cannabis goods, accessories, or other marijuana-related products available through the Services have not been evaluated by the FDA. Information provided through the Services is for educational purposes only, and not intended to be a substitute for informed medical advice and/or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting a physician prior to using any marijuana or cannabis products.
HYTIVA and its affiliates provide a service that offers retail and delivery services, a variety of training programs (the “Courses”), publications distributed by HYTIVA and/or other authorized distributor (“Publication”), access to HYTIVA’s website (the “Site”), and other content (the “Content”). The company’s service, and any other features, applications, materials, tools, or other related services offered from time to time by HYTIVA in connection with its business, however accessed, including without limitation the Courses, Publications, the Site, and Content, are referred to collectively as the “Services”.
As a condition of your use of the HYTIVA Services, you hereby agree as follows:
Certain HYTIVA Services are provided to you as a free service. There are some other Services, which, if you are interested in accessing, will require payment by you.
- You shall comply with all applicable laws including, without limitation, privacy, license, firearm, and security laws;
- You shall not, and shall not permit any person to, copy, make derivative works, disassemble, decompile, or reverse engineer the Publication, the Courses, the Site, the Content, or the Services;
- All right, title and interest in and to the Services, including, without limitation, the copyright in and to the Publication, the Courses, the Site, and the Content, exclusively vests in and shall always vest with HYTIVA;
- THE SERVICES ARE PROVIDED “AS IS.” HYTIVA, ITS AFFILIATES, AND EACH PUBLISHER, DISTRIBUTOR, OWNER, MANAGER, OFFICER, REPRESENTATIVE, AGENT, SUBCONTRACTOR, AND ANY OTHER PERSON OR ENTITY RELATED TO OR AFFILIATED THEREWITH (collectively, “HYTIVA PARTIES” or singularly “HYTIVA PARTY”) PROVIDES NO GUARANTEE OR WARRANTY AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PUBLICATION OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES HERETO PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO THE YOU). OR CONDITIONS OF TITLE, NON INFRINGEMENT, COMPLETENESS, ACCURACY, ERROR-FREE, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HYTIVA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.
- EACH HYTIVA PARTY SHALL NOT BE LIABLE TO WHOLESALER / BUYER (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO VIEWER / BUYER’S RIGHT, TITLE AND INTEREST) FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF CONTENT ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) DIRECT DAMAGES IN EXCESS OF FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO A CLAIM HEREUNDER, OR $100, WHICHEVER IS GREATER.
- This Agreement constitutes the entire agreement between HYTIVA and you with respect to the Services. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between HYTIVA and the you with respect to the Services shall be of any force or effect.
User Account Creation
In order to use certain features of the Site (e.g., to use the Services), you must register an account with HYTIVA (“HYTIVA Account”). You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your HYTIVA Account, and you may not assign or otherwise transfer your HYTIVA Account to any other person or entity. Should you suspect that any unauthorized party may be using your password or HYTIVA Account, you will notify HYTIVA immediately. HYTIVA will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by HYTIVA or a third party arising from someone else using your HYTIVA Account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or HYTIVA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, HYTIVA has the right to suspend or terminate your HYTIVA Account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the Services. You agree not to create an HYTIVA Account or use the Services if you have been previously suspended by HYTIVA, or if you have been previously banned from use of the Services.
Site and App Stores
This Agreement constitutes the entire agreement between HYTIVA and you with respect to the Services. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between HYTIVA and the you with respect to the Services shall be of any force or effect.
By using the Services, you agree and consent to HYTIVA 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 HYTIVA, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your HYTIVA Account or use of the Services, updates concerning new and existing features on HYTIVA, communications concerning promotions run by us or our third-party partners, and news concerning HYTIVA and cannabis 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 HYTIVA. If you change or deactivate the phone number you provided to HYTIVA, you must update your HYTIVA 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 un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis.
By using the Services, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from HYTIVA at any time by replying STOP to a promotional text message from HYTIVA. You may opt-out of receiving all text messages from HYTIVA at any time by deleting your HYTIVA Account or by replying STOP to any text message from HYTIVA. If you opt-out of receiving all text messages from HYTIVA, you will not be able to use certain features/services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while HYTIVA processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
Opting Back In
You may opt back into receiving text messages from HYTIVA at any time by replying START to a text message from HYTIVA.
When you install the HYTIVA 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 HYTIVA Mobile App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
Charges, Billing, and Refunds
You acknowledge that you may incur fees or charges from HYTIVA, retailers, or other third parties in connection with the goods and services purchased or facilitated by HYTIVA and/or through the Services. All charges will be identified in your cart prior to or during checkout. Charges may include some of the following:
- Retail Price
- State Taxes
- Local Taxes
- Sales Taxes
- Other Regulatory Taxes
- Delivery Fee
- Cancellation Fee
- Service Fee
HYTIVA may change any charge or charges at its sole discretion. All charges are due immediately and are non-refundable.
A third-party payment processor may bill your purchase of products and/or services purchased through HYTIVA. This may require you to visit, enter information into, or create an account with the third-party payment processor’s application, website, or platform which is separate and distinct from HYTIVA. By entering your payment, banking, credit card, or other payment information, you authorize HYIVA to send that information to or through the applicable third-party payment processor to charge your form of payment.
Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and Services and all content and other materials therein, including, without limitation, the HYTIVA logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the property of HYTIVA or its licensors or users and are protected by U.S. and international copyright laws. HYTIVA, the HYTIVA logo, and other HYTIVA trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of HYTIVA (collectively “HYTIVA Marks”). Other trademarks, service marks, graphics and logos used in connection with the Sites or Services are the trademarks or registered trademarks of their respective owners (collectively “Third Party Marks”). The HYTIVA Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of HYTIVA or the applicable trademark holder. The Services are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by HYTIVA. All rights not expressly granted are reserved.
Links to Third Party Sites
THE LINKS ON HYTIVA’S SITE WILL LET YOU LEAVE HYTIVA’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF HYTIVA AND HYTIVA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HYTIVA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HYTIVA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HYTIVA.
Your Acceptance of These Terms