Terms of Use – Blunt Broads

Terms and Conditions of Use

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.

“The Blunt Broad” is an interactive on-line service at www.bluntbroad.com (the “Site”) owned and operated by The Blunt Broad LLC, an Illinois limited liability company, consisting of information services and content provided by The Blunt Broad, affiliates of The Blunt Broad and other third parties. “User” means each person who establishes or accesses a connection for access to and use of the Site. Any use of the Site by User is an acknowledgment that User intends to be bound by these Terms and Conditions of Use (the “Agreement”).

Federal Law. Although some states have legalized cannabis for personal, recreational or medical use, it still remains a Schedule I drug and all activities relating to cannabis are currently illegal under the laws of the United States. This Site is not intended to assist anyone in violating any federal law.

Grant of Rights. The Blunt Broad grants User a non-exclusive, non-transferable, limited right to access, use and display Internet access services provided by The Blunt Broad, including, without limitation, newsgroups, bulletin board services, and any other services which The Blunt Broad may offer. User’s right of access and use shall be referred to in this Agreement as a “Services Account” and the Internet access services provided by The Blunt Broad shall be collectively referred to in this Agreement as the “Services.”

Content. User recognizes that it is solely responsible for the content of any information it makes available by means of the Services, including, without limitation, information posted on the Site or in e-mail, or in a bulletin board service. The Blunt Broad has the right to monitor the content which User or other users post through use of the Services, but shall have no obligation to do so. User agrees that if The Blunt Broad, in its sole discretion, deems any content made available by User to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, The Blunt Broad has the right, but not the obligation, to remove or deny access to such content. User expressly agrees that The Blunt Broad shall not be liable to it for any action The Blunt Broad takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. The Blunt Broad has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of User’s access privileges and/or deletion of the objectionable material.

Proprietary Materials. Material accessible to User through the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, User may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.

Member Conduct.

a. No Prohibited Uses. User represents and warrants to The Blunt Broad that he/she/it will not transmit by means of the Services any materials of any kind which:

b. No Violation of Law. User expressly agrees not to use the Services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. User acknowledges that prohibited conduct includes, but is not limited to, use of the Services to invade the privacy of third parties, impersonation of The Blunt Broad personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, chat services bulletin boards or User’s personal Web page(s). User also agrees not to use the Services to (i) violate the security of the Services; or (ii) attempt to utilize another user’s account name or persona without authorization from that user.

c. No Mass Mail. User agrees not to use the Services in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. User further agrees not to send unsolicited mass mailings from another service which in any way implicates the use of the Services, The Blunt Broad equipment or any The Blunt Broad electronic mail address. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages. For each violation of this provision, User agrees to pay The Blunt Broad damages to compensate for any losses it may have including the loss of goodwill, but, where warranted, such as in the case of an accidental transmission, The Blunt Broad may waive all or part of any applicable charge. Payment under this provision shall not prevent The Blunt Broad from seeking to obtain other legal remedies, including other damages or an injunction.

6. Copyright Complaints. The Blunt Broad respects the intellectual property rights of others, and requires that the people who use the Site do the same. In appropriate circumstances, The Blunt Broad will terminate the registration of any User who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.

All copyright complaints, including complaints under the Digital Millennium Copyright Act, may be sent to our designated agent at:

The Blunt Broad
4724 S. Greenwood Ave.
Chicago, IL 60615

7. System Resources. User acknowledges that The Blunt Broad shall not provide more than [_____] mega bytes of storage and that User is responsible for compliance with this limit. User expressly agrees that The Blunt Broad shall not be liable to User or any third party for any damages resulting from any reasonable action. The Blunt Broad takes to enforce this provision, including, without limitation, deleting materials from User’s storage space.

8. User Information.

Confidentiality of Passwords. User is solely responsible for maintaining the confidentiality of passwords, and agrees that The Blunt Broad will have no obligations with regard thereto.

Compliance with Investigations. The Blunt Broad reserves the right to reveal any registration data or other information in its possession regarding User in cooperation with a request or investigation by any governmental body or governmental agency.

9. Confidentiality. User acknowledges that transmissions made by means of the Services are not confidential and that communications may be read or intercepted by others. User acknowledges that by transmitting materials by means of the Services, no confidential, fiduciary, contractually implied or other relationship is created. For more information, see our full privacy policy here.

10. Indemnity. User hereby agrees to indemnify, defend and hold harmless The Blunt Broad and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach of the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. User shall cooperate as fully as reasonably required in the defense of any claim. The Blunt Broad reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and User shall, in any event, not settle any matter without the written consent of The Blunt Broad.

11. Disclaimer of Warranty. THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE BLUNT BROAD MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE BLUNT BROAD’S NEGLIGENCE.

12. Limitation of Liability. In no event will The Blunt Broad, or any person or entity involved in creating, producing or distributing The Blunt Broad or The Blunt Broadsoftware, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use The Blunt Broad. The user hereby acknowledges that the provisions of this section shall apply to all content on The Blunt Broad.Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall The Blunt Broad’s total liability for all damages, losses, or causes of action exceed five hundred dollars ($500.00).

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The user specifically acknowledges that The Blunt Broad is not liable for the defamatory, offensive or illegal conduct of other the users or third-parties and that the risk of injury from the foregoing rests entirely with the user.

In addition to the terms set forth above neither The Blunt Broad, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within The Blunt Broad, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. The Blunt Broad, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither The Blunt Broad, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

In many instances, the content available through The Blunt Broad represents the opinions and judgments of the respective information provider, the user, or other user not under contract with The Blunt Broad. The Blunt Broad neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Blunt Broad by anyone other than authorized The Blunt Broad employee spokespersons while acting in their official capacities. Under no circumstances will The Blunt Broad be liable for any loss or damage caused by the user’s reliance on information obtained through The Blunt Broad. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Blunt Broad. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

The Blunt Broad and the information contained within the Site has been prepared for informational purposes only and is not intended to provide any medical or legal advice. The information on The Blunt Broad is not intended to diagnose, assess or treat any specific, individual medical concerns.

By publishing or submitting any content including, articles, stories, postings and photographs to any part of The Blunt Broad you give permission that such content may be used at the sole discretion of The Blunt Broad anywhere else on the Site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.

13. No Transfer of Services Account. User may not transfer a Services Account to another party or entity without the prior written approval of The Blunt Broad, and any such transfer of a Service Account is subject to any limits established by The Blunt Broad.

14. Modifications to Agreement. The Blunt Broad has the right to modify this Agreement at any time. Any modification is effective immediately upon either a posting on The Blunt Broad home page, or upon notice by electronic mail, or U.S. mail. Continued use of the Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). The only right accruing with respect to User’s dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of The Blunt Broad in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of fees for Services, is to terminate Membership by delivering notice to The Blunt Broad. Such notice will be effective upon receipt by The Blunt Broad.

15. Termination of Services to User. In addition to any other rights of the parties set forth herein, User and/or The Blunt Broad may terminate this Agreement at any time. The Blunt Broad also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, (i) with respect to any breach or threatened breach of Sections 3 or 4 of this Agreement, or (ii) for any other reason, at the sole discretion of The Blunt Broad. If The Blunt Broad terminates User’s Services Account pursuant to this Section 13, The Blunt Broad reserves the right to deny access to the Site in whole or in part, including, without limitation, removing User from The Blunt Broad server, and to refuse to provide any further service following such termination.

16. Entire Agreement. This Agreement constitutes the entire agreement with respect to the Services and supersedes all prior agreements between User and The Blunt Broad. Failure by The Blunt Broad to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

17. Choice of Law. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Illinois (excluding its choice of law rules). User consents to personal jurisdiction in the Federal and State courts of Cook County, Illinois, for any action arising out of or relating to User’s use of the Services. The Federal and State courts of Cook County, Illinois shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees.

18. Severability. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.