Hindsight VIP Terms Of Use

Your Jurisdiction’s Laws Apply to YOU.

You understand that:

(i) aspects of this Website and the Services, may be illegal in the province, country, state, city, county, municipality, or jurisdiction in which you are located Privacy Policy (“Your Jurisdiction”); and

(ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services (including as a Widget in Third Party’s websites) in Your Jurisdiction. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services.

By using this Website, you are explicitly stating that you have verified in Your Jurisdiction that your use of this Website and the Services is allowed. In all scenarios, you must abide by and follow the applicable laws of Your Jurisdiction in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of Your Jurisdiction while using the Websites and/or Services.

HINDSIGHT VIP’s Right To Terminate Your Access to Our Services or Platforms.

You fully acknowledge, understand, and agree that HINDSIGHT VIP may, under certain circumstances and at any time without prior notice, immediately suspend or terminate your access to the Websites, Services, Widgets and any other related or affiliated applications, functions, and tools. Cause for account suspension or termination shall include, but not be limited to:

(i) breaches or violations of these Terms, the Additional Terms, or the Privacy Policy or other incorporated agreements, guidelines, or rules;

(ii) requests by law enforcement or other local, provincial, state, or federal government agencies or divisions;

(iii) any attempts to breach our security, private accounts, or other protected content on the Websites;

(iv) discontinuance or significant modification to the Website, Widgets, or Services or any related or affiliated website owned and/or operated by HINDSIGHT VIP (or any part thereof);

(v) unforeseen technical, electronic, mechanical, or other difficulties or security issues;

(vi) prolonged inactivity of your account, which shall be determined by HINDSIGHT VIP in its sole discretion;

(vii) knowing, willing, and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit, or illegal activities; and/or

(viii) failure by you, or by your representatives, to pay in full any fees owed by you in connection with the Website, Widgets, or Services.

Licensing and Intellectual Property Rights.

For purposes of these Terms:
(i) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, questionnaire submissions, product recommendations, quizzes, questionnaires, and all other forms of data, communication, or media;

(ii) “User Content” means Content that users submit or transmit to, through, or in connection with the Website, Widgets, or Services, such as online events, publicly visible posts, and other content submissions, as well as any quiz, results, ratings, reviews, and information that such user submits or chooses in the site questionnaires or quizzes;

(iii) “HINDSIGHT VIP Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Website, Widgets, or Services;

(iv) “Website Content” means all of the Content that is made available in connection with the Website, Widgets, or Services.

By submitting User Content, you represent, warrant, and covenant:

1. That you are entirely responsible for anything you submit to the Website, Widgets, or Services and agree that HINDSIGHT VIP does not have to post or keep posted anything you provide;
2. That you will not impair or harm any of our computer or related systems or transmit software viruses, worms, Trojan horses, malicious code, spyware, malware, or other computer code or damaging files;
3. That you are at least of the Age of Majority and you acknowledge that persons under legal age may not submit User Content to HINDSIGHT VIP, the Websites, or the Services; and
4. That HINDSIGHT VIP may, in its sole discretion, monitor and remove the User Content you submit and any other communications that you may have, but is under no obligation to do so.

Disclaimer Regarding User Content.

By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content:
(i) contains material that is false, intentionally misleading or defamatory;

(ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography;

(iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example:
(i) contains material that is false, intentionally misleading or defamatory;

(ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography;

(iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.

We do not represent that the materials in the Website, Widgets, or Services are appropriate or available for use in any particular location.

Hindsight VIP’s Ownership and Sale of User Content VESTS upon Data Entry.

To the extent permitted by law in the relevant jurisdiction, upon data entry of any personal information or user content including user identity, personally identifiable information, answers to questions, or any other user-provided information vests in ownership to Hindsight VIP as a merchant collector of data, which Hindsight VIP is hereby fully authorized to re-sell to Third-Party-Purchasers in its maximum legal ability. It is hereby understood that as part of Hindsight VIP’s regular course of business generating user content regarding topics, trends and related information, that user data will be collected and sold to third parties within all relevant compliance requirements of any relevant legal regulations if we ever decide to expand our business into that space. You hereby agree to and consent with our ability to store and re-sell your data for marketing purposes and related advertising revenue.

Changes to the Terms, Additional Terms, and Privacy Policy.

From time to time, we may make changes to these Terms, the Additional Terms, or the Privacy Policy. When we make material changes, we will do our best to notify you by email, push notification, or in-app notification, or a prominent notice on our Websites. Continued use of any of the Website, Widgets, or Services following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Choice Of Law / Venue.

These Terms, the Additional Terms, and the Privacy Policy shall be governed by the laws of Oregon, without regard to its conflict of law provisions.

Severability / No Waiver. .

If any provision of these Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of these Terms shall continue in full force and effect. The failure of HINDSIGHT VIP to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HINDSIGHT VIP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

No Third-Party Beneficiaries. .

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and HINDSIGHT VIP.

Third-Party Materials. .

The Websites, the Widget, or the Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that HINDSIGHT VIP is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HINDSIGHT VIP does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk.

When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should always make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material. The Websites, the Widget, or the Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). HINDSIGHT VIP displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website, Widgets, or Services.

The Offeror, and not HINDSIGHT VIP, is solely responsible for: (i) redemption of the Third-Party Offer;

(ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto);

(iii) all goods and services it provides to you in connection with the Third-Party Offer; and

(iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.

Indemnification and Release. .

TIf there is a dispute between You and Third Parties, you understand and agree that HINDSIGHT VIP and its affiliates are under no obligation to become involved in such a dispute. You agree to indemnify and hold HINDSIGHT VIP and its affiliates (and their respective owners, directors, managers, officers, partners, employees, independent contractors, agents, successors and assigns) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including but not limited to reasonable legal fees and court costs) known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or relating to:
(i) your use or misuse of the Website, Widgets, or Services;

(ii) your User Content;

(iii) your breach or violation of these Terms, the Additional Terms, or the Privacy Policy;

(iv) your violation of applicable laws or regulations; or

(v) your usage of any of the products listed on the Website, Services or Widgets.

HINDSIGHT VIP will use reasonable efforts to notify you of any such claim for which HINDSIGHT VIP seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. HINDSIGHT VIP reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of HINDSIGHT VIP. You hereby release and forever discharge HINDSIGHT VIP (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Website, Widgets, or Services or Third-Party Materials or Third Party’s websites or Third Parties.

Modifications of Service.

We reserve the right to change, modify, or remove the contents of the services at any time for any reason at our sole discretion without notice. We have no obligation to update you on any information on our services.

Free Trials Apply Equally to this Agreement.

Any free trial or temporary trial period equally applies to these terms of service.

User Registration.

You may be required to register to use the services. You agree to keep your password confidential and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

Cancellation.

Logging into your account or contacting customer services, you can cancel your account. Your cancellation will process on our site as soon as practicable, and your current paid term will finish to completion before cancellation. If you have comments or concerns with our services, please email us at [email protected] or call us at (+1) 208-412-4219.

Purchases and Payment.

We accept Visa, Mastercard, American Express, and Discover credit cards. You agree to provide current complete and accurate purchase and account information for all purchases made via the services. You agree to promptly update account and payment information including email address, payment method, and payment card information so we can complete your transactions and contact you as needed. We may add sales tax to the price of any purchase; we may change prices at any time; all payments are in US dollars. You agree to pay all charges then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable offer. We reserve the right to correct any errors or mistakes in pricing, even after requested or received payment by us. We reserve the right to refuse any order placed through the services.

Class Action Waiver.

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Sites or Services signifies your explicit consent to this waiver.

Informal Negotiations.

To expedite dispute resolution and minimize costs to all parties (a “party” to this agreement or multiple “parties” means either “you” or “us”), all parties to this agreement hereby agree to first attempt to negotiate any dispute informally for at least 90 days before initiating the binding arbitration clause expressly agreed upon below. Such informal negotiations begin upon written notice from one Party to this agreement to the other Party.

Binding Arbitration Agreement.

You hereby agree to binding arbitration exclusively in resolution of any dispute with us. YOU UNDERSTAND THAT WITHOUT THIS CONTRACT PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL, however, you hereby forego that right and instead expressly elect for binding arbitration upon all parties to any dispute. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association (“AAA”) and where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website. The arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules, and, where appropriate, limited by the same.

The arbitration may be conducted in person, through the submission of documents, by phone, or online via video chat. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. Except where otherwise required by applicable law, the arbitration will take place in Morrow, Oregon. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Morrow, Oregon, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these legal terms.

In no event shall any Dispute brought by either Party related in any way to the services be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction, and parties agree to submit to the personal jurisdiction of that court.

Limitation on Time to File Claims.

Any cause of action or claim you may have, arising out of or relating to these terms of service, the sites, or services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Support Or Maintenance.

You acknowledge and agree that HINDSIGHT VIP will have no obligation to provide you with any support or maintenance in connection with the Website, Widgets, or Services.

Severability.

If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.

Captions.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Entire Agreement.

These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and HINDSIGHT VIP with respect to the Website, Widgets, or Services, constitute the entire and exclusive understanding and agreement between you and HINDSIGHT VIP regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service for any of the Website, Widgets, or Services.

Contact Us.

For questions about the HINDSIGHT VIP’s Websites or any of the Services we provide, please feel free to contact us at [email protected]