This Terms of Service was last updated on December 15, 2021.
Welcome to UpTop Dispensary, operated by UpTop Dispensary (“UpTop Dispensary,” the “Company,” “we”, “us”, or “our”), located at 315 Worcester RD., Framingham, MA 01701.
Eligibility and the Protection of Children
To access our Site or to otherwise engage us in regards to our Services, you must be 21 years of age and either possess a valid medical marijuana card or be a medical marijuana healthcare provider to someone who possesses a valid medical marijuana card.
You must be 18 to access our Site and/or our Services. We do not knowingly collect information from anyone under age 13. If you are under the age of 13, do not use the Site, do not access our Services, and do not register with, order or purchase from, or provide any Personal Information to, us. If we find out that we have collected information from a minor under age 13, we will take all commercially reasonable steps delete that information immediately.
This Agreement is subject to change by UpTop Dispensary at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following UpTop Dispensary posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Federal Cannabis Regulations
Marijuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products are illegal under the federal laws of the United States and certain state laws. All UpTop marijuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold are not intended for resale or interstate transport.
Notice Regarding Medical Advice
The information on the Site is not intended to provide medical nor legal advice. Information on the Site is not intended to assess, diagnose, nor specifically treat any individual’s medical problems or concerns. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider.
Access and Retention
To access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or another access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Commercial Use of Service
If you are using the Service and/or accessing the Site on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant all of the following:
- You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
- You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Site and/or Services include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Site in any fraudulent or misleading manner, any automated use of the system, such as scraping the Site, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site, and using the Site in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Site may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress. Use of the Site and/or of the Service is with the permission of UpTop Dispensary, which may be revoked at any time, for any reason, at UpTop Dispensary’s sole discretion.
If you register for an account with us via our Site, you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify UpTop Dispensary of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UpTop Dispensary will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your UpTop Dispensary account.
Your Use of the Site
You may not browse or download illegal content.
- You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Site unless given express permission by us.
- You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Site’s offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, log in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Site.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Site or any Content appearing on the Websites (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Site, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Site, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Site to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
(i) Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion, or sexual orientation, or is otherwise objectionable in our sole and reasonable discretion;
(ii) Any information, Content or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
(iii) Any Content that violates, breaches, or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in our sole and reasonable opinion;
(iv) Any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Site or servers or networks forming part of, or connected to, the Site, or which does or might restrict or inhibit any other user’s use and enjoyment of the Site; or
(v) Any unsolicited or unauthorized advertising, promotional messages, spam, or any other form of solicitation.
- You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Site, or any Content on the Site, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages, making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse, or otherwise harass another user or any of our employees. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership, and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any UpTop Dispensary account to any third party without our prior written approval.
- You must not collect or attempt to collect personal data or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures we employ or that any Uploader employs; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Site or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies under these Terms of Service, we reserve the right to investigate any situation that appears to involve any of the above and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions and acknowledge and agree that we have the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
Representations and Warranties
You hereby represent and warrant to us as follows:
Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents, and permissions necessary in order to use, and (if and where relevant) to authorize us to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Site, any and all Services and any third party services.
Your Content and the availability thereof on the Site does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
You have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance, or likeness in Your Content and to publish the same on the Site and via any third party services.
Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on the grounds of race, gender, religion or sexual orientation.
Your Content does not and will not create any liability on our part of our subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers, and/or shareholders.
We reserve the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties or otherwise infringes another person’s rights or violates any law, rule or regulation.
This Agreement will remain in full force and effect while you use the Site and/or Service. You may terminate your account at any time by contacting us at Info@UpTopdispensary.com. If you resign or cancel your account to UpTop Dispensary, to help UpTop Dispensary analyze and improve the Service, you may be asked to provide a reason for your termination.
Blocking of IP Addresses
To protect the integrity of the Site and Services, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Site is proprietary. Distribution of Materials to others is strictly prohibited. You agree that we would be irreparably harmed by any violation or threatened violation of this section and that, therefore, we shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
Ownership of Your Content; Licenses
You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of UpTop Dispensary. This shall have no effect on the Copyright Policy, Limitation of Liability, and Indemnity by You of this Agreement.
However, with respect to Your Content, we grants you a worldwide, royalty-free, and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.
Any Content other than Your Content, however, is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Content other than Your Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Site from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the user who uploaded it to the Site. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
Restrictions on Use of Materials. You acknowledge that the Site contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on the Site are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Copyright Policy and Digital Millennium Copyright Act Compliance
We prohibit the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
ATTN: Copyright Officer
315 Worcester Rd.
Framingham, MA 01701
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write us at the address shown above, giving a written statement that contains:
- Identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available;
- A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
- The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
We will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
Fair and Truthful Advertising
We endeavor to engage in truthful and transparent methods of advertising and expects users of the Site to do the same. If you provide any endorsements or testimonials on or through any of the Site or our social media accounts, you must provide only your honest opinions and experiences. If you are an employee of the Company, or if you receive any compensation, free products or services, or any other value from us, you must disclose that with any testimonials or endorsements you may provide on or through the Site.
Liability for Content
You hereby acknowledge and agree that we (i) store Content and other information at the direction, request and with the authorization of its users, (ii) act merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) play no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Site, and to the extent permissible by law, we exclude and disclaim all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
We and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude and disclaim, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Site by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Site. By using the Site, you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as we determine in our sole discretion.
Limitation of Liability
In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Site or Service, or use thereof. Nothing contained in the Site or in any written or oral communications from us or our employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Site and the Services provided by us is offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site’s content or that the functionality of the Site will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Site and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL UPTOP DISPENSARY, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF UPTOP DISPENSARY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Indemnity by You
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the Service and/or Site in violation of this Agreement and/or arising from a breach of this Agreement, including without limitation your representations and warranties set forth above;
- Any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of us.
In the event that we are successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for our reasonable attorneys’ fees and costs.
Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the Site and/or the Service, by using the Site and/or our Services, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Massachusetts with the same force and effect as if such service had been made within the State of Massachusetts. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested, which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action
Except where prohibited by law, as a condition of using the Site and/or our Services, you agree that any and all disputes, claims, and causes of action (collectively, “Claim”) arising out of or connected with the Site and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Massachusetts County of Middlesex. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Massachusetts County of Middlesex.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Availability Outside the U.S.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
315 Worcester RD
Framingham, MA 01701