Please review our polices below and should you have any questions feel free to contact us at the number provided on this website.
1. General Statements
This Privacy Policy is a legally binding contract between NPI Cyber Risk Management Inc., or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“Mahingan Healing”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. This Privacy Policy describes our policies on the collection, use, and disclosure of information when you access or use Mahingan Healing’ (a) websites, portals, mobile applications, channels, and software, including Mahingan Healing.com, and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools, and links contained or offered therein (collectively, the “Services”). When you use the Websites or Services, you consent to our collection, use, modification, and disclosure of information about you as described in this Privacy Policy. If you do not accept and agree to this Privacy Policy, you may not access or use any of the Websites or Services or create an account or user profile.
We may make changes to this Privacy Policy from time to time. When we make material changes to this Privacy Policy, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) prominently posting a notice of the changes on the Websites, or (iv) requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. We may also post additional privacy policies or statements that apply to certain portions of the Websites or Services, and your access to and use of such Websites or Services shall be deemed to be your approval and consent to such additional privacy policies or statements.
2. Information We Collect And How We Use It
How Mahingan Healing Uses Your Information
We generally use your information to:
We may also use your information to verify your geographic location. We may use your geographic location data to personalize and improve our Websites or Services, to recommend content, or determine whether the information you have requested is available in your location.
How Mahingan Healing Discloses Your Information
We may also share aggregated and reasonably anonymized data with our partners, advertisers, and other third parties. You acknowledge and agree that the Websites can serve as portals to other businesses and consumers. Any requests, orders, or interactions you engage in with other businesses and consumers may necessitate the provision of information to such other party.
Information We May Collect
This Privacy Policy describes the types of information we collect. Among the information we collect, please note:
1. Account Information: If you create an account on any of the Websites or Services (a “User Account”), we may store and use your full name, e-mail address, home address, phone number, zip code, and other information you may provide with your User Account, such as your gender and birth date. Your first name and last initial, as well as any photo you submit through the registration process, may be publicly displayed as part of your User Account profile. We may also store and use information regarding your means of age verification (e.g., drivers license) or medical marijuana recommendation, including your recommending doctor’s name and license number, contact information, verification methodology, and verification number. We may also store information on your order history and preferences with respect to orders placed from your account.
1. We collect non-personal information from you while you are browsing in the Websites. This information may include IP addresses to help analyze system administration, to gather broad demographic information, to enable ads to reach the right individuals, to report non-personal information to our advertisers, and to monitor the level of activity on Mahingan Healing. The information we collect from you visiting the Transactable Sites may include the URLs they came from, their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state, and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor’s computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on Mahingan Healing. We may also collect and store data that may be considered personal medical information, including regarding orders you prepare to place or actually place through any of the Transactable Sites.
5. Activity: We may store information about your use of the Websites or Services, such as your search activity, the pages you view, the actions you take, the date and time of your visit, businesses you call or e-mail using our mobile applications, and purchases you make through the Transactable Sites. We also may store information that your computer or mobile device provides to us in connection with your use of the Websites, Services, or Transactable Sites, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the Mahingan Healing application in iOS privacy settings. We note that disabling Location Services may adversely impact the Website or Services experience and functionality and enabling such services may be necessary in some cases to allow certain transactions.
3. Cookies
We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Websites or Services, third-party websites, Transactable Sites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in e-mails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Websites or Services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
Our uses for these technologies fall into one of the following general categories:
1. Operationally Necessary: We may use cookies, web beacons, or other similar technologies that are required for the proper operation of our Websites, Services, and relevant applications, features, and tools. This includes technologies that allow you to access our Service, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity, and improve security; or that allow you to use our other ancillary functions such as shopping carts, saved searches, or similar features.
This table helps describe the various reasons for our usages of cookies:
Purpose
Explanation
Processes
Intended to make the Websites, Services, and Transactable Sites work in the best way possible, ensuring that we exceed your expectations. For example, we use a Cookie that tells us whether you have signed up and created a user profile yet.
Authentication, Security, and Compliance
Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in to your User Account.
Preferences
Intended to remember information about how you prefer the Websites or Services to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.
Notifications
Intended to allow or prevent notices of information or options that we think could improve your use of the Websites or Services. For example, we use a Cookie that stops us from showing you the signup notification information if you have already seen it.
Advertising
Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to ensure you receive only interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on a specific advertisement.
Analytics
Intended to help us understand how visitors use the Websites, Services, and Transactable Sites, the effectiveness of certain advertisements, what kind of customer typically accesses the Websites or Services, and what specific promotions yield the best results. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Websites, Services, and Transactable Sites. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For flash cookies, you can manage your privacy settings by visiting the Adobe Macromedia site, located here.
4. Third Parties
Third parties may receive information about you as follows:
1. Advertisers: We may allow third parties to use Cookies through the Websites or Services to collect the same type of information for the same purposes that Mahingan Healing does for itself. In doing so, Mahingan Healing adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, and Digital Advertising Alliance. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common User Account identifier (such as an e-mail address), to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above.
2. Service Providers: We may rely on third-party providers to support or provide some of the features and options that are available through the Websites, Services, or Transactable Sites. We may also rely on third-party providers to perform certain services for us in connection with your use of the Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Websites or Services, promotional and contest features, Transactable Sites’ product listings and brand management, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, affiliates, partners, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Websites or Services. In such cases, please note that the information you provide is being provided to the third party.
3. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers, brand managers, and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements, or certain products available in the Transactable Sites or the general characteristics of such users.
4. Business Transfers: We may share information from or about you with our subsidiaries, affiliates, partners, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Mahingan Healing or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information, as described in this Privacy Policy.
5. Businesses on Mahingan Healing: We may share information from or about you (such as your age and gender, your devices, and your use of the Websites, Services, and/or Transactable Sites (such as which businesses you bookmark or call)) with businesses listed on Mahingan Healing. You may adjust your settings to increase or decrease the amount of information we share. Keep in mind that businesses may see your Public Content (as defined in Section 2 above) and receive information about your transactions with them in the Transactable Sites, regardless of your settings. Additionally, if you make a phone call to a business through or in connection with your use of the Websites or Services, we may share basic information about your call with the business that you contacted, such as the date and time of your call and your phone number (and other information that would have been available to the business had you contacted them directly, and not through the Websites or Services). You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
6. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites; or (c) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to Mahingan Healing about content available through the Websites, Services, or items on the Transactable Sites, we may share the substance of your complaint with the contributor of that content or product in order to provide an opportunity for the contributor to respond and/or remedy the situation.
7. Links: The Websites or Services may contain links to unaffiliated third-party services. Except as set forth herein, we do not share your personal information with them and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third-party services. Some portions of the Websites and Services use the Google Maps API and this Privacy Policy therefore incorporates Google’s Privacy Policy by reference.
8. Sweepstakes, Contests and Promotions: We may sometimes offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Websites or Services that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
5. Changes To Your Profile And E-Mail Preferences
We believe you should have the ability to access and edit the personal information you provide to us. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information that was provided as part of your registration with our Websites or Services. The Websites or Services may allow you to review, correct, or update personal information you have provided through the Websites or Services’ forms or otherwise. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, any public postings or other communications you have made on the Websites or Services such as in forums or blogs cannot generally be removed. When you edit your personal information or change your preferences on the Websites or Services, information that you remove may persist internally for our own administrative purposes.
You may cancel or modify the e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your User Account and changing your communication preferences. This will not affect subsequent subscriptions, and if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited. Subsequent or different subscriptions will remain unaffected. Please note that we reserve the right to send you certain communications relating to your User Account or use of our Websites or Services, such as administrative and service announcements, and these transactional User Account messages may be unaffected even if you choose to opt out from receiving our marketing communications.
For those users utilizing the Transactable Sites’ online ordering feature, you can review, change, or delete the information you have submitted. You may ask to have information on your User Account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure, we “back up” the data stored on our systems, ensuring that such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your personal information will be completely removed from our backed-up or archived databases.
6. Data Retention And User Account Termination
After you have confirmed the closing of your User Account we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Websites, Services, or Transactable Sites or to comply with legal obligations. Please note that if a business is removed, and then reinstated at a later date, it will retain all of its previous reviews, ratings, and associated comments.
7. Customer Data
As part of using the Services, users may submit electronic data or information they possess about their customers to the Websites and/or Services (“Customer Data”) for various purposes, including hosting and processing purposes in connection with the Services. Customer Data may include personal information, including, but not limited to, the name, location, and e-mail address of such customer. Any uses of the Customer Data by Mahingan Healing are conducted pursuant and subject to the terms of Mahingan Healing’ Terms of Use and this Privacy Policy, or as required by law. If personal information pertaining to you as an individual has been submitted to us by a user of any of the Services as Customer Data and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the user (or his/her organization) directly. If an authorized user requests that we update or remove the Customer Data in question and the user has no ability to do so via use of the Services, we will acknowledge their request within 30 days. All inquiries relating to this Section 7 should be directed to us in accordance with Section 10 below.
8. Children Using The Websites or Services
The Websites or Services are intended for adults only and require that users be no less than eighteen (19) years of age. Please note that certain of the Websites and Services require you to be at least twenty-one (21) years of age to access and use such Websites and Services. Please check the applicable terms and conditions for such Websites and Services for further information. Individuals under the age of eighteen (18) (or twenty-one (21) for applicable Websites and Services) are prohibited from creating a User Account and profile, accessing the Websites or Services, and/or purchasing products on the Transactable Sites. If you become aware that an underage user has created a User Account using false, stolen, or otherwise misleading information, please contact us immediately at customerservice@Mahingan Healing.com.
9. Security
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. This includes using Secure Sockets Layer (SSL) software, which is software that encrypts the information you input. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
To most efficiently serve you when placing orders through our Transactable Sites site, credit card transactions and order fulfillment are handled by established third-party banking managers, processing agents, and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order. Within the Transactable Sites, your information is kept on password-protected, limited access servers. Wherever possible and applicable, the Transactable Sites’ servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.
10. Contact Information
If you believe that Mahingan Healing has not adhered to this Privacy Policy, you may contact us via e-mail at privacy@Mahingan Healing.com.
11. International Data Transfer
If you are located outside of the United States, please be aware that information we collect, including, but not limited to, personal information, will be transferred to, and processed, stored, and used within the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Websites or Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information, including personal information, in the United States as set forth in this Privacy Policy.
Please note that we take the privacy of our users seriously and therefore take steps to safeguard your personal information, including assuring an adequate level of data protection in accordance with international standards. If you would like additional information about your personal data and its use in connection with the Websites and Services, including revising any incorrect information, please contact the Data Privacy Manager at the address in Section 10 above. We will take such steps as we deem necessary to confirm your identity before sharing any personal data with you. We will attempt to respond to proper and confirmed requests relating to personal data within thirty (30) days, or as otherwise required by applicable law. If you are not satisfied with the way your request was handled, you may refer your request to your country’s data management authority. In the European Union, any such request should be directed to the Data Protection Authority in your EU Member State.
12. California Residents: Your California Privacy Rights
California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at the number on this website.
13. Do Not Track
Mahingan Healing does track its customers over time and across third-party websites to provide intelligent advertising, and does not respond to Do Not Track (“DNT”) signals. In addition, some third-party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. Please review your web browser’s internet options for more details.
Term of Service:
1. General Statements On Terms and Additional Terms
These Terms of Use (hereinafter, these “Terms”) are a legally binding contract between NPI Cyber Risk Management Inc., or its applicable affiliate that owns or controls the applicable Website or provides the applicable Services that you may be accessing or using (“Mahingan Healing”, “us”, “we” or “our”), on the one hand, and you and your successors and heirs and (if applicable) the corporate entity you represent (“you” or “your”), on the other hand. Your acceptance of these Terms is an express condition of, and governs your access to and use of, Mahingan Healing’ (a) websites, portals, mobile applications, channels, and software, including Mahingan Healing.com, and (b) social media pages and channels (collectively, the “Websites”), including any services, features, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile.
Certain areas of the Websites and Services (and your access to or use therein) may have different terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (as applicable, the “Additional Terms”). The Additional Terms will be posted (via a link) on the applicable Website or Services and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a specific Website or Service, the applicable Additional Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website or Service.
2. Privacy Statement
By accessing or using the Websites or Services, you agree that the Mahingan Healing Privacy Policy (which may be updated from time to time) governs Mahingan Healing’ collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please make sure that you review our Privacy Policy. You understand that through your access or use of the Websites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing and use by Mahingan Healing.
3. Changes to the Terms, Additional Terms, and Privacy Statement
We may make changes to these Terms, the Additional Terms, or our Privacy Policy from time to time. When we make material changes to these Terms, we will notify you by (i) sending you an e-mail communication to the e-mail address you most recently provided to us, (ii) sending a push notification or in-app notification, (iii) by prominently posting a notice of the changes on the Websites, or (iv) by requiring you to check a box indicating your assent to the updated terms. Continued use of any of the Websites or Services following any applicable notice of such material changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
4. Eligibility
The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. Without limiting the foregoing, the Websites and Services are not available to minors or suspended members or users. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related or pertinent agreements. The applicable business agrees to hold harmless and indemnify Mahingan Healing and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Websites or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.
5. Electronic Communications
By accessing or using the Websites or Services, you consent to receiving certain communications from us electronically. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Websites or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Using The Services
User Registration and Accounts
In order to access or use some of the Websites or Services, you must first register and create an individual profile for yourself or a business for such Website or Service (each a "User Profile" – future releases after July 4, 2019)
By creating a User Profile, you agree that:
Mahingan Healing is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, the Privacy Policy, or any applicable law, then we may suspend or terminate your account, User Profile, and access to and use of the Websites and Services at our sole discretion and without advance notice or liability.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions absent our prior written consent. The menu embed feature we provide to clients may only be used on a client’s own website or application, and the applicable code may not be altered in any manner (including by removing any Mahingan Healing branding). We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. Mahingan Healing assumes no responsibility or liability for any issues, problems, or Content on your User Profile.
User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. Mahingan Healing does not review each User Profile to determine if it was created by an appropriate party. In addition, Mahingan Healing is not responsible for any unauthorized User Profiles that may appear on the Services.
User Content
For purposes of these Terms, (a) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, and all other forms of data, communication, or media, (b) “User Content” means Content that users submit or transmit to, with the Websites or Services, such as ratings, reviews, orders, favorites, photos, videos, media, messages, social media posts or Services, comments, and information that such user publicly displays or displayed in its User Profile, and including any electronic data or information with respect to a User’s customers, (c) “Mahingan Healing Content” means Content that we create or is otherwise owned by us that we make available in connection with the Websites or Services, (d) “Third Party Content” means Content that originates from parties other than Mahingan Healing or users of any of the Websites or Services, which is made available in connection with the Websites or Services and not otherwise owned by us, and (e) “Website Content” means all of the Content that is made available in connection with the Websites or Services, including User Content, Third Party Content (and Third Party Material (as defined below)), and Mahingan Healing Content.
By submitting User Content, you represent, warrant, and covenant:
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, you User Content contains material that is false, intentionally misleading or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
License to User and Third Party Content/Data
As between you and Mahingan Healing, you retain ownership of the User Content that you post, submit, provide, or otherwise make available on or through the Websites or Services. However, by submitting your User Content, you hereby grant Mahingan Healing and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against Mahingan Healing and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
Mahingan Healing does not guarantee the accuracy, integrity, quality, or authenticity of any User Content. You understand that by using the Websites and Services, you may be exposed to a small portion of Offensive Content that may be unpleasant, indecent, or objectionable to some viewers. Under no circumstances will Mahingan Healing be liable in any way for any such Offensive Content, including, but not limited to, any errors or omissions in any Offensive Content, or any loss or damage of any kind incurred as a result of any Offensive Content uploaded, posted, transmitted, broadcast, transferred, or otherwise made available via Mahingan Healing, the Websites, Services, or any related process or venue.
You hereby grant Mahingan Healing the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our APIs by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of Mahingan Healing or for any purpose relating to the Websites or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by Mahingan Healing shall be owned exclusively by us.
Social Media
Mahingan Healing may also provide users with the ability to login to the Websites or Services with your login credentials from certain social networking websites (e.g., Facebook, LinkedIn). If you log in or otherwise associate your User Account with your login credentials from a social networking or similar website, we may use any information about you that is from or otherwise posted on your social networking account, in accordance with the terms and conditions and related legal and user policies of the relevant social networking website. If you elect to share your information with any number of social networking websites, we will then share your information with the websites you name, in accordance with your election, and per their terms and conditions.
Delivery and Pick-Up Orders
Mahingan Healing may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (“MH Orders”). MH Orders is a third-party online marketplace platform for customers (“Customers”) to transmit such orders with participating vendors (the “Retailers”). MH Orders provides order transmission services only and serves purely as a communications medium. MH Orders is not a merchant of cannabis-related products, or provider of any pick-up or delivery services in connection therewith, and does not control the Retailers or the production of any cannabis-related products, or any pick-up or delivery services in connection therewith.
The Retailers have entered into agreements with Mahingan Healing or its applicable affiliate where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of MH Orders. Mahingan Healing and its affiliates do not in any way independently verify the credentials or representations of any of the Retailers, the authenticity or quality of any of their products or services, or any Retailer’s compliance with applicable law.
Customers using MH Orders must make themselves comfortable through the information provided by the Retailers on the Websites, by contacting the Retailers directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Retailers and the Retailers’ compliance with applicable law. Mahingan Healing, including the Websites and the Services, do not in any way guarantee the quality of any Retailer or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any Retailer’s compliance thereof with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. Mahingan Healing and its affiliates do not investigate or verify any such statements. Furthermore, any such statements have not been evaluated by the Food and Drug Administration. Mahingan Healing and its applicable affiliates make no claims meant to diagnose, treat, or cure any disease or medical condition. Customers should consult their doctor before starting any treatment or using any cannabis-related product during pregnancy or if they have a serious medical condition. Mahingan Healing and its affiliates shall not be liable or responsible for any cannabis-related products, or any other services, offered by the Retailers or any errors or misrepresentations made by them (including on the Websites and through MH Orders or other Services).
User Representations, Warranties, and Covenants Regarding Orders
By using MH Orders, you represent, warrant and covenant that: (1) you will upload and maintain in your User Profile a valid, unexpired government-issued identification card and, if you will be ordering medical cannabis, a recommendation for medical cannabis that is valid in the applicable jurisdiction in which you place an order via MH Orders, and that (2) your use of the Websites and the Services, including MH Orders, does not violate any applicable state or local law, including any legal requirements for orders you place through MH Orders. Upon delivery or pick-up, as applicable, you agree to present a government-issued identification card evidencing your age as well as your original recommendation if you order cannabis. If you do not comply with these terms regarding MH Orders, you agree that cannabis products may not be released to you by the applicable Retailer, and you may forfeit the cost of such products.
Employee Participation in Orders
Employees of Mahingan Healing or any of its affiliates are permitted to use the Websites and the Services in their personal capacity (i.e., not as employees, representatives, or agents of Mahingan Healing or any of its affiliates) in the transactions conducted through the Websites or Services. Employees of Mahingan Healing or any of its affiliates, when participating in any transaction in their personal capacity, are subject to the same procedures and guidelines contained in the Terms, Additional Terms, or Privacy Policy as any buyer or seller on the applicable Website.
Third Party Materials
The Website or Services might display, include, or make available Third-Party Content (including data, information, 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 Mahingan Healing is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Mahingan Healing 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 and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Website or Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Offers”). Offers constitute “Third-Party Materials” under these Terms. Mahingan Healing displays these Offers on the Website and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All 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 or Services. The Offeror, and not Mahingan Healing, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
Indemnity and Release
You agree to indemnify and hold Mahingan Healing (and its owners, directors, managers, officers, partners, employees, independent contractors, and agents, and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of the Websites or Services, (ii) your User Content, (iii) your violation of these Terms, any Additional Terms, or the Privacy Policy, or (iv) your violation of applicable laws or regulations. Mahingan Healing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Mahingan Healing. Mahingan Healing will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
If there is a dispute between users of the Websites or Services, including between Customers and Retailers (each, a “Dispute”), you understand and agree that Mahingan Healing and its affiliates (including the Websites and the Services, including MH Orders) are under no obligation to become involved in such Dispute.
You hereby release and forever discharge Mahingan Healing (and its owners, directors, managers, officers, partners, employees, independent contractors, and 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), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Websites or Services or Third-Party Materials. For the avoidance of doubt, this release includes a release of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a Dispute, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident or resident of a state with a similar applicable law, you hereby waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7. Ownership; Proprietary Rights
As between you and Mahingan Healing, you own your User Content. We own the Mahingan Healing Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings and all other elements and components of the Websites but excluding User Content and Third-Party Material. We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Mahingan Healing Content, the Websites, and the Services, which are protected by copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws. As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Mahingan Healing Content, Websites, or the Services or any of the IP Rights of Mahingan Healing, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Websites and the Mahingan Healing Content are retained by us.
8. Copyright Infringement
It is Mahingan Healing' policy, in appropriate circumstances and at its discretion, to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, Mahingan Healing will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to Mahingan Healing in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, Mahingan Healing will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.
DMCA Notice of Alleged Infringement ("Notice")
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
9. Limited License
Subject to your compliance with these Terms, any Additional Terms, and the Privacy Policy, Mahingan Healing grants you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and make personal and non-commercial use of the Websites and Services. This license does not include (i) any resale or commercial use of the Websites or Services, or their contents; (ii) any collection, scraping, downloading, reproducing, distributing, copying or use of any product or Mahingan Healing client listings, descriptions, prices, or any other Website Content; (iii) any derivative use of any of the Websites or Services or Website Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms, any Additional Terms, or the Privacy Policy are reserved and retained by Mahingan Healing. You may not use any meta-tags or any other “hidden text” utilizing Mahingan Healing’ name or trademarks or other IP Rights without the express written consent of Mahingan Healing. The licenses granted by Mahingan Healing shall immediately terminate should you fail to comply with these Terms, any Additional Terms, or the Privacy Policy.
Subject to these Terms, any Additional Terms, and the Privacy Policy, Mahingan Healing grants you a non-transferable, non-exclusive license to install and use the software Mahingan Healing makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App (“App Platform”). You acknowledge that these Terms concern you and Mahingan Healing, and not the App Platform. Mahingan Healing, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). Each App Platform may have Additional Terms to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon, your compliance with all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform.
10. Links
The Websites and Services contain links to third-party websites or resources. You acknowledge and agree that Mahingan Healing is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mahingan Healing of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Some portions of the Websites implement Open Street mapping services. Your use of Open Street Maps is subject to their copyright and license policy.
Some portions of the Websites and Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
11. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Websites or Services. In connection with your access or use of any of the Websites or Services, you may not and will not:
12. Review/Feedback Policy
An important part of the Mahingan Healing community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible. Part of that openness is acknowledging that certain behaviors are not acceptable. Mahingan Healing retains the right to remove any content posted on or submitted through any of its Websites or Services. However, the only User Content likely to be removed is that which violates these Terms, any Additional Terms, or the Privacy Policy, or the rules or guidelines on the applicable Website or Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Website or Service may differ. Please consult the relevant Website or Service to learn about its applicable Review Policy.
Please note, Mahingan Healing is under no obligation to enforce these Terms, any Additional Terms, or the Privacy Policy or any of the Review Policies on your behalf against another user. While Mahingan Healing encourages you to let us know if you believe another user has violated these Terms, any Additional Terms, or the Privacy Policy, or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.
13. Disclaimer of Warranties
YOU EXPRESSLY ACKOWLEDGE, UNDERSTAND AND AGREE THAT:
14. Limitation Of Liability
15. Choice Of Law; Venue; No Jury Trial
The laws of the state of Florida, excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services. All claims arising out of or relating to these Terms or any of the Websites or Services will be litigated exclusively in the federal or state courts of Pasco County, Florida, and you and Mahingan Healing consent to personal jurisdiction in those courts.
16. Entire Agreement
These Terms, in addition to any applicable Additional Terms and the Privacy Policy and any other agreements between you and Mahingan Healing with respect to the Websites or Services, constitute the entire and exclusive understanding and agreement between Mahingan Healing and you regarding the Websites and Services, and these Terms supersede and replace any and all prior Terms of Service or Terms of Use for any of the Websites or Services.
17. Reservation of Rights
The failure of Mahingan Healing 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 Mahingan Healing. 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. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
18. Third-Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Mahingan Healing.
19. Support or Maintenance
You acknowledge and agree that Mahingan Healing will have no obligation to provide you with any support or maintenance in connection with the Websites or Services.
20. United States Export & Foreign Assets Control Regulations
We do not represent that the materials in the Website or Services are appropriate or available for use in any particular location. Those who choose to access the Website or Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
21. 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.
22. No Right Of Survivorship And Non-Transferability
You agree that your Mahingan Healing account is non-transferable and any rights to your Website user identification or contents within your accounts terminate upon your death.
23. Captions
The section titles in these Terms are for convenience only and have no legal or contractual effect.
24. Contact Us
For questions about the Mahingan Healing Websites or any of the Services we provide, please feel free to contact our Customer Service department at the phone number provided on this website.