Terms and Conditions Agreement between User and kindidaho.org
Welcome to kindidaho.org. The kindidaho.org website (the "Site") is comprised of various webpages operated by Kind Idaho ("Kind Idaho"). kindidaho.org is offered to you conditioned onyour acceptance without modification of the terms, conditions, and notices contained herein (the"Terms"). Your use of kindidaho.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

kindidaho.org is a Non-Profit Site.

Working for the legalization and education on the uses of medical marijuana in the state of Idaho

Electronic Communications

Visiting kindidaho.org or sending emails to Kind Idaho constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on theSite, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transferyour account to any other person or entity. You acknowledge that Kind Idaho is not responsiblefor third party access to your account that results from theft or misappropriation of your account.Kind Idaho and its associates reserve the right to refuse or cancel service, terminate accounts, orremove or edit content in our sole discretion.

Children Under Thirteen

Kind Idaho does not knowingly collect, either online or offline, personal information from personsunder the age of thirteen. If you are under 18, you may use kindidaho.org only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

kindidaho.org may contain links to other websites ("Linked Sites"). The Linked Sites are not underthe control of Kind Idaho and Kind Idaho is not responsible for the contents of any Linked Site,including without limitation any link contained in a Linked Site, or any changes or updates to aLinked Site. Kind Idaho is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kind Idaho of the site or any association with its operators. Certain services made available via kindidaho.org are delivered by third party sites andorganizations. By using any product, service or functionality originating from the kindidaho.org domain, you hereby acknowledge and consent that Kind Idaho may share such information and data with any third party with whom Kind Idaho has a contractual relationship to provide the requested product, service or functionality on behalf of kindidaho.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and usekindidaho.org strictly in accordance with these terms of use. As a condition of your use of the Site,you warrant to Kind Idaho that you will not use the Site for any purpose that is unlawful orprohibited by these Terms. You may not use the Site in any manner which could damage, disable,overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.You may not obtain or attempt to obtain any materials or information through any means notintentionally made available or provided for through the Site.All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of Kind Idaho or itssuppliers and protected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and other proprietary notices,legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.Kind Idaho content is not for resale. Your use of the Site does not entitle you to make anyunauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of Kind Idaho and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses, express or implied,to the intellectual property of Kind Idaho or our licensors except as expressly authorized by theseTerms.

International Users

The Service is controlled, operated and administered by Kind Idaho from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kind Idaho Content accessed through kindidaho.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kind Idaho, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kind Idaho reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kind Idaho in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns theseTerms and Conditions, the prevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms andConditions or any disputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms and Conditions. The parties agreethat the Federal Arbitration Act governs the interpretation and enforcement of this provision. Theentire dispute, including the scope and enforceability of this arbitration provision shall bedetermined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kind Idaho agree otherwise, the arbitrator may notconsolidate more than one person's claims, and may not otherwise preside over any form of arepresentative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THEINFORMATION HEREIN. KIND IDAHO AND/OR ITS SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.KIND IDAHO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THESUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OFTHE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KIND IDAHO AND/ORITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIND IDAHO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES ORANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IFKIND IDAHO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OFTHESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USING THE SITE.

Termination/Access Restriction

Kind Idaho reserves the right, in its sole discretion, to terminate your access to the Site and therelated services or any portion thereof at any time, without notice. To the maximum extentpermitted by law, this agreement is governed by the laws of the State of Idaho and you herebyconsent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of orrelating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not giveeffect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kind Idaho as a result of this agreement or use of the Site. Kind Idaho's performance ofthis agreement is subject to existing laws and legal process, and nothing contained in this agreementis in derogation of Kind Idaho's right to comply with governmental, court and law enforcementrequests or requirements relating to your use of the Site or information provided to or gathered byKind Idaho with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kind Idaho with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kind Idaho with respect to the Site. A printed version of this agreement and of any notice given inelectronic form shall be admissible in judicial or administrative proceedings based upon or relatingto this agreement to the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. It is the express wishto the parties that this agreement and all related documents be written in English.

Changes to Terms

Kind Idaho reserves the right, in its sole discretion, to change the Terms under whichkindidaho.org is offered. The most current version of the Terms will supersede all previousversions. Kind Idaho encourages you to periodically review the Terms to stay informed of our updates.

Kind Idaho welcomes your questions or comments regarding the Terms.
Contact Us:
Kind Idaho154 E Gettysburg St. Boise, Idaho 83706
Email Address:info@kindidaho.org
Telephone number:208-513-5150
Effective as of January 14, 2021