Effective Date: July 8, 2020
II. NEUTRAL VENUE; NO MEDICAL ADVICE
Our Service offers marijuana POS systems for dispensaries and deliveries. We disclaim all liability arising out of users’ transactions, interactions and content. We do not endorse any particular user of our platform. Nothing in our Service constitutes medical advice or forms a doctor-patient relationship between you and us. Do not delay medical treatment because of anything you read on our Service.
By using this Service, you represent, warrant and agree that:
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
These Terms and any action related thereto will be governed by the laws of California. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in Los Angeles, CA.
Please submit your inquiries to email@example.com. You can also contact us by mail at the following address:
6464 Sunset Blvd. Suite 1100, Los Angeles, CA 90028
Effective Date: July 8, 2020
This SaaS Subscription Agreement (the “Agreement”) governs your use of IndicaOnline management system and POS (the “Service”). The Service is owned and operated by U.S. Software Inc., a California corporation (“IndicaOnline,” “We,” “Us,” or “Our”). By accessing the Service you indicate your acceptance of this SaaS Subscription Agreement.
Indica will adhere to the generally accepted industry security standards. Interfaces between any Service servers and the internet will include firewalls or other online security infrastructure to prevent accidental, unauthorized or unlawful access to data. Indica may temporarily suspend your access to the Services in the event of suspicious activity or other security issues. Indica will use commercially reasonable efforts to resolve and mitigate the risk and resume your use of the Service as soon as possible.
By accessing the Service, you represent, warrant and agree that:
You must not:
You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of this SaaS Subscription Agreement or your use of the Service.
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates this Agreement, infringes any intellectual property right or other right, threatens the personal safety of users of the Service and the public. We may:
Indica has the right to refer to you as the recipient of Indica’s services in marketing materials and on Indica’s website.
We will use commercially reasonable efforts to make the Service available 99.95% of the time during any monthly billing cycle. In the event the Service does not meet the Uptime Guarantee, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of subscription fee paid by you in a given month for use of the Service in accordance with the schedule below:
|Monthly Uptime Percentage||Service Credit|
|From 99.0% up to, but not including, 99.95%||10%|
|From 90.0% up to, but not including, 99.0%||50%|
|From 80.0% up to, but not including, 90.0%||90%|
|Less than 80.0%||100%|
Credit Request and Payment Procedures
Within thirty (30) days of the end of the relevant calendar month, you must submit a written request to us for a Service Credit, along with sufficient information for us to verify the time(s) and date(s) of the event for which you are claiming a Service Credit. If the Monthly Uptime Percentage when calculated by us falls below the Uptime Guarantee, then we will notify you that a Service Credit will be issued to you within one billing cycle following the month in which such request was confirmed by us. Your failure to request a Service Credit in a timely manner or provide sufficient information to us that we may reasonably request in order to verify the Monthly Uptime Percentage will disqualify you from receiving a Service Credit.
Exclusions shall not be included in the calculation of the time the Service was available in any given calendar month. As used herein, “Exclusion” shall mean any unavailability: (i) due to our planned maintenance or downtime the occurrence of which you received at least 24-hour advance written notice; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of our Service; (iii) that result from the failure of your software, equipment, technology or facilities, including but not limited to, network unavailability or bandwidth limitations outside of our network; or (iv) arising from our suspension and termination of your right to use the Service in accordance with this Agreement.