Bazonzoes products are only for use in states where the sale and consumption of such products are legal.
Terms of Service
Last Modified: July 1, 2022
Apex Ultra Worldwide, LLC, its subsidiaries (including Bazonzoes, LLC) and affiliates (“Apex,” “we” or
“our”) requires that all visitors to Apex’s mobile applications, websites, or other digital and electronic
properties and services (each, a “Site”) adhere to the following terms, conditions, rules and regulations.
By accessing a Site, you indicate your acknowledgement and agreement to these terms of service
(“Agreement”), and represent and warrant that you have the right, capacity and authority (personally, or,
if applicable, as the authorized agent of an entity or company) to enter into this Agreement.
THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND APEX’S SERVICES. YOU
MAY NOT ACCESS OR USE THE SITE OR APEX’S SERVICES IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS
AGREEMENT. PLEASE BE SURE TO READ AND REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY, WHICH CONTAIN
TERMS REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, REMEDIES, AND YOUR AGREEMENT TO ARBITRATE ANY
CLAIMS AGAINST APEX (SUBJECT TO APPLICABLE LAW) VIA BINDING ARBITRATION PROCEEDINGS. PLEASE NOTE THAT
YOU MAY NOTE PURSUE ANY CLAIMS AGAINST APEX VIA CLASS-ACTION, AS A PLAINTIFF OR MEMBER OF A CLASS OR
REPRESENTATIVE IN SUCH AN ACTION, AND MAY ONLY SEEK INDIVIDUAL RELIEF.
a. Informational Purposes. All information contained on any Site (or via Apex’s services) is
for informational purposes only. All content Apex posts on any Site and any website, mobile application,
social media application or channel, third-party content provider, or advertisement is for informational
purposes only, and Apex does not endorse, and is not responsible for the accuracy or reliability of, any
opinion, advice, statement, or other information made on any Site, including any user content and third-
party materials. Apex bears no responsibility for your interaction or relationship with any provider or
third-party, or other users of any Site or Apex’s services. Apex has no obligation to review or determine
whether third-parties are providing accuracy of their information.
b. No Medical Advice. THE SITE AND APEX IS NOT OFFERING MEDICAL ADVICE. INFORMATION
ACCESSED ON A SITE OR VIA APEX’S SERVICES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND IS
NOT (NOR INTENDED TO BE) A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSES, AND TREATMENT, AND CANNOT AND
DOES NOT COVER ALL POSSIBLE PRECAUTIONS, USES, DIRECTIONS, OR POTENTIALLY ADVERSE EFFECTS. THE
INFORMATION ON ANY SITE SHOULD NOT BE USED FOR THE TREATMENT AND DIAGNOSIS OF A MEDICAL CONDITION.
ALWAYS PROMPTLY CONSULT A QUALIFIED MEDICAL OR HEALTH CARE PROVIDER IF YOU HAVE ANY CONCERNS OR
QUESTIONS ABOUT A MEDICAL CONDITION OR POTENTIAL CONCERNS ABOUT A MEDICAL CONDITION
c. Federal Law. User acknowledges and understands that any Site and Apex’s services rare
only for residents of States and locations where the laws allow and regulate medical or recreational
cannabis use, pursuant to the applicable State and local laws. Cannabis/Marijuana is on Schedule 1 of the
United States Controlled Substances Act, and under the United States federal laws, the distribution,
manufacturing, possession and sale of cannabis/marijuana is illegal, and persons are subject to
prosecution or arrest for such actions. User acknowledges and agrees that the use of cannabis for medical
purposes is not recognized as a valid defense to violating federal marijuana laws. User agrees and
understands that the interstate transportation of cannabis/marijuana is a violation of federal law, and
potentially other state and local laws and regulations.
2. Eligibility and Account. You must be at least 21 years of age (or otherwise legally qualified
medical marijuana patient) to use the Site and Apex’s Services.
3. Limited Non-exclusive, Non-transferrable License.
a. License. The license granted to user for the Site and Apex App is a limited, non-
exclusive, non-transferrable, non-sublicensable license to use the Site, and to install and use the Apex
App for user’s personal, noncommercial use, in executable object code format only, solely on user’s own
handheld mobile devises. Such license does not allow user to use the Apex App on any device that user
does not own or control (or for which user does not have authorization to install or run the Apex App,
such as where prohibited by applicable law and security policies), and user may not distribute or make the
Apex App available over a network where it could be used by multiple devices at the same time. User
may not rent, lease, lend, sell, redistribute, transfer, or sublicense the Apex App, and user may not copy
(except as expressly permitted by Apex), decompile, reverse engineer, disassemble, attempt to derive the
source code of, modify, or create derivative works of the Site (including the Apex App), any updates, or
any part or section thereof (except as and only to the extent any such restriction is prohibited by
applicable law or allowable by the licensing terms governing use of any open sourced components
included within the Apex App). Any attempt to do so is a violation of Apex’s rights or the rights of its
licensors. In the event user breaches these restrictions, user may be subject to prosecution, liability and
damages. The limited terms of this license shall govern any updates or upgrades provide by Apex, which
may replace or supplement the Apex App (unless a separate license for such accompanies such update or
upgrade, and then those terms shall govern). The Apex App is licensed, not sold, to user and only on the
terms and conditions contained in this Agreement, and Apex reserves all rights not expressly granted to
b. Modification. Apex reserves the right to revise this Agreement and the terms of the
license granted to user, at any time in its sole discretion. If user does not agree with modified terms, user
must immediately cease using the Site/ Apex App. User’s continued use of the Site / Apex App
constitutes user’s continued agreement to the terms and conditions contained in this Agreement. Apex
also reserves the right to modify, suspend, or discontinue the Site, services or Apex App, or any part or
section thereof, with or without notice. USER AGREES APEX WILL NOT BE LIABLE TO USER OR
ANY THIRD-PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE
SITE, SERVICES OR THE APEX APP, OR ANY PART THEREOF.
c. Ownership. Excluding any user content, user acknowledges that all the intellectual
property and proprietary rights and information in the Site, services and Apex App are owned by Apex or
its licensors. Nothing herein or user’s use of the Site, services or the Apex App shall transfer to user or
any third-party any rights, title or interest in such property and information.
d. App platforms. User acknowledges and agrees that the availability of the Apex App.
Depends upon third-party app platforms from which you received the Apex App (such as the Apple
App® tore or the Google Play Store® (“App Platform”). User agrees and understands that this Agreement
is between Apex and user, not with the App Platform. Apex, not the App Platform, is solely responsible
for the App, its content, maintenance, support services, and warranty, if any, thereof, and addressing any
claims related thereto. User agrees to pay all fees charged by an App Platform in connection with the
Apex App, and agrees and understands that each App Platform may have its own terms and conditions by
which users must agree before downloading the Apex App. User agrees to comply with, and the license to
use the Apex App, is strictly conditioned upon user compliance with, all applicable contracts, agreements,
terms and conditions of use and other polices of any applicable App Platform. User understands and
acknowledges that any App Platform is a third-party beneficiary of this Agreement and will have the right
to enforce this Agreement. Apex directs you to review such terms and conditions prior to downloading
the Apex App.
4. Laws, Rules, and Regulations. User access to and use of any Site is subject to all applicable in
federal, state, local and international laws and regulations. More specifically, any use of a Site or Apex’s
services must strictly adhere to all applicable local and State of Michigan laws, rules, orders, guidance,
instructions, and regulations regarding medical marihuana or recreational cannabis.
5. Copyright and Trademark. The trademarks, logos, and service marks (“Marks”) used and
displayed on any Site are the property of Apex and other parties. Users are prohibited from using any
Marks for any purpose, including, but not limited to, use as metatags on other pages, websites, or digital
properties without the prior written consent of Apex or such third-party that owns the applicable Marks.
All information and content (including software) made available on or through a Site (“Content”) is
protected by copyright. Users are prohibited from modifying, copying, amending, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content
available on or through any Site for public or commercial purposes.
6. Other and Third-Party Websites.
a. The Sites may include links to other websites or digital properties to access third-party
material or by bringing the third-party material into a Site via “inverse” hyperlinks and framing
technology (“Linked Site”). Apex has no discretion to amend, alter, update, or control the content on a
Linked Site, and providing such a link is not an endorsement, authorization, affiliation, or sponsorship to
such Linked Site, its members, owners, or providers. Relying upon, using or retrieving any information
via a link or internet has inherent risks, and Apex encourages Users to understand and analyze such risks
before using, relying upon or retrieving such information via a Linked Site.
b. Apex prohibits caching, unauthorized hypertext links to any Site and the framing of any
Content available on a Site. Apex reserves the right to disable any unauthorized links or frames, and it
disclaims any responsibility for the content available on any other site or digital property linked to a Site.
Access to any other sites linked to a Site is solely at the user’s risk. User understands and should be aware
that Linked Sites with different rules, regulations, privacy provisions and confidentiality and other
important provisions than those provided on a Site.
a. Text Messages. By using a Site (or services or applicable software), user agrees and
consents to Apex and those parties acting on its behalf, sending you text (SMS) messages at the phone
number you provided Apex. Such messages may include operational messages, use of a Site or services or
products, or marketing or other promotional materials. Apex’s messages and third-party service providers
may include, without limitation, updates regarding Site features, communications regarding promotions,
news regarding Apex and industry changes and developments, as well as regarding updates or general
communication. Standard text messaging charges from your local mobile or telecommunications carrier
will apply to text messages Apex sends. User’s agreement to receive promotional text messages is NOT a
condition of purchase of any goods or services offered by Apex. If user changes or deactivates the phone
number provided to Apex, user must update Apex account information to prevent Apex from
inadvertently communicating with any person who may acquire user’s prior phone number. User agrees
and understands that text messages, calls, or pre-recorded messages may be generated by automatic
telephone dialing systems and waives its right to pursue any claims arising under the Telephone
Consumer Protection Act (“TCPA”). To the extent a TCPA claim is deemed not waivable, user agrees
that by accessing a Site or using services, user agrees that such non-waivable claim under the TCPA will
be arbitrated pursuant to the terms of this Agreement.
b. Opt- Out and In. User agrees to receive text messages until user opts-out of receiving
such messages. User may opt out of receiving promotional text messages from Apex, at any time, by
replying STOP to a promotional text message. User may also opt-out of receiving any text messages from
Apex, at any time, by deleting user’s account or replying STOP to a text message, however, if user ops-
out of receiving all text messages from Apex, user will not be able to utilize certain aspects of Apex’s
services. User may later opt back into text messages from Apex at any time.
c. Push Notifications. Upon installing Apex’s App (the mobile application) on a mobile or
other device, user agrees to receive “push notifications,” which are messages an application sends user
on its device even when the application may not be in use. User can turn off such notifications via the
d. Email. User agrees that Apex may send user emails regarding its services and products,
and such services and products of third-parties. User may opt-out of promotional emails by following the
unsubscribe instructions in a promotional email.
8. No Warranties (disclaimers).
A. ALL CONTENT, PRODUCTS, AND SERVICES ON ANY SITE, OR OBTAINED VIA A LINKED SITE, ARE
PROVIDED TO USERS “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT, SECURITY OR ACCURACY.
B. APEX DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (I) THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE VIA A SITE BY ANY PARTY OTHER THAN APEX, (II) ANY CONTENT PROVIDED ON
LINKED SITES, OR (III) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED
C. UNDER NO CIRCUMSTANCE, WILL APEX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S
RELIANCE ON INFORMATION OR CONTENT OBTAINED THROUGH A SITE OR LINKED SITE, OR USER’S RELIANCE ON ANY
PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE, EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER
PROTECTION LAWS. USER IS RESPONSIBLE TO ANALYZE AND EVALUATE THE RELIABILITY, ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH ANY SITE OR LINKED SITE.
ALWAYS SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE REVIEW AND EVALUATION OF ANY
SPECIFIC ADVICE, OPINION, PRODUCT, SERVICE OR OTHER CONTENT.
9. Acceptable Use Policy.
a. Reviews. User must have a valid Apex account and email address to write a review on
any Apex Site, and prior to such ability to write a review, user will be required to verify such email
address associated with user’s Apex account. User agrees that it shall not post or write any reviews on
Apex’s Sites, pages, social media channels, etc. that are not based upon personal experience or inaccurate
of such personal experience. Any reviews must not be plagiarized, violate any laws, rules or regulations,
contain advertising, links or spam, contain disparaging, threatening, violent, pornographic, harassing, or
disparaging information, or in any way be offensive or attacking toward a person, group of persons, or
identify specific individuals associated with Apex. Moreover, such reviews may not identify Apex
competitors or otherwise include personal grievances. Users who are in any way associated with,
affiliated with, or own, directly or indirectly, any competitor of Apex or a supplier of Apex, user may not
promote user’s products, business or related business and may not attack Apex or other competitors or
competitive products. Apex reserves the right to review all User Content, but it has no obligation to
review and monitor User Content. Apex further reserves the right to investigate and take appropriate
action, in its sole discretion, against any user regarding User Content, and Apex may modify, remove or
delete such User Content as it deems appropriate, in its sole discretion, including, without limitation, for
violation of any provision of this Agreement.
b. Photos and Images. Any image or photo file must be professional, clear and not contain
anything more than a specific product if such is being reviewed. If an image is deemed not professional,
cluttered, blurry, or contains anything more than such a product or in any way violates this Agreement or
any law, regulation, order or general sensibility, Apex may delete such image or file in its sole discretion.
c. Restrictions. User agrees it may not use the Site, Apex App, or Apex services to: (i)
upload, transmit, distribute, disseminate, or otherwise transfer any computer viruses, worms, spyware, or
any other software intended to damage or alter a computer system or data; (ii) send unsolicited or
unauthorized promotional materials, junk mail, spam, advertising, chain letters, or any other form of
duplicative or unsolicited messages, commercial or otherwise; (iii) gather, assemble, harvest, skim, or
collect information or data related to other users, including contact information, email addresses, or phone
numbers, unless consent is provided by such other user; (iv) disrupt, interfere with, or create stress or
undue burden on servers, networks, or sites, connected to the Site or services, or otherwise, or violate any
policies, terms, restrictions, regulations or procedures for any network, server or site; (v) clone or
impersonate another user, Apex, or company to gain unauthorized access to the Site or services, any other
computer network, system, or server connected to or otherwise used in connection with the Site or
services, via any means, including password breaking or mining; (vi) harass, block, or interfere any other
user’s use or enjoyment of the Site or services; or (vii) utilize or introduce software or automated agents,
scripts, or code to a Site to produce or create multiple accounts, generate automated searches, requests,
queries, or scrape, strip or mine data from a Site or Apex services..
10. User Content.
a. Content. The term “User Content” means any and all content and information a user
submits or uses on or with the Site or Apex services, including, without limitation, content in a user’s
account and profile, user reviews and postings. User understands and agrees that Apex is not responsible
for any User Content, including, without limitation, its accuracy, legality, completeness, timeliness,
validity, compliance with copyright or other protections, quality or any other aspect thereof. Apex does
not assume any responsibility or liability to user or any other party or user for use, misuse or
appropriation of any User Content.
b. Restrictions. User agrees not to use the Site, Apex services or any Apex App, social
media, channels, or similar avenues or accesses to collect, upload, transmit, distribute, display or transfer
any User Content that (i) violates any applicable law, rule, regulation, order, restriction, agreement or
statute; (ii) is harassing, tortious, abusive, harmful, threatening, defamatory, false, misleading, libelous,
pornographic, obscene, offensive, vulgar, or invasive of privacy, racist, or violent, or otherwise
objectionable in any manner or nature, or (iii)violates any third-party rights, including without limitation,
patent, trademark, copyright, trade secret, privacy, moral, or any other similar or proprietary or
intellectual property right.
c. Responsibilities. User is responsible for its User Content and assumes all risks associate
with use of and provision of its User Content, including any reliance on its accuracy, usefulness, honesty,
or completeness, or any such information that may make you personally identifiable. User represents and
warrants that its User Content does not violate Apex’s Terms of Service or the Acceptable User
provisions contained in this Agreement or other Apex or its Licensor’s similar policies. User may not
represent, state or imply its User Content is endorsed by, approved by, or provided by Apex. User alone is
responsible for its User Content, and user agrees and understands user may be exposed to liability and
damages if User Content violates this Agreement or applicable laws, orders, rules or agreements. Apex
has no obligation or duty to back-up or save User Content, and Apex may, in its sole discretion, delete
User Content at any time.
d. License. User represents and warrants it has the right to grant, and hereby grants, to
Apex an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to reproduce, distribute,
display, prepare derivative works of, incorporate, and otherwise use User Content, and to grant any
sublicense of such licensed information, privately, publicly and for any purpose Apex deems appropriate.
User agrees it irrevocably waives any claims and assertions of any attribution, moral or other rights
regarding to or in connection with User’s User Content.
e. Suggestions. User hereby assigns Apex all rights in any suggestions or feedback user
provides to Apex, and Apex may utilize and use such information as deems appropriate, in its sole
discretion. User understands and agrees that no suggestions, information, ideas, or feedback it may
provide shall be confidential or proprietary in any way.
11. Limitations of Liability for Use of the Site and Linked Sites.
A. THE INFORMATION, PRODUCTS, DESCRIPTION OF SERVICES, AND SOFTWARE PUBLISHED ON A SITE OR
A LINKED SITE MAY INCLUDE INACCURACIES, GRAMMATICAL AND TYPOGRAPHICAL ERRORS, AND APEX DISCLAIMS
ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. APEX DOES NOT REPRESENT OR WARRANT THAT THE CONTENT
OF ANY SITE IS COMPLETE OR UPDATED (UP-TO-DATE). APEX HAS NO OBLIGATION TO UPDATE ANY CONTENT ON ANY
SITE, AND APEX MAY CHANGE THE CONTENT OR ALTER, IMPROVE OR CHANGE ANY SITE AT ANY TIME, WITHOUT
B. USER ACKNOWLEDGES AND AGREES THAT APEX, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS MAY NOT AND WILL NOT BE HELD LIABLE,
WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER CLAIMS, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, COST OF REPLACEMENT OR
SUBSTITUTE SERVICES, OR LOST OPPORTUNITIES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE USE OF
ANY SITE OR A LINKED SITE, EVEN IN THE EVENT OF APEX BEING MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES THAT MAY
INFECT A USER’S COMPUTER, PHONE OR OTHER EQUIPMENT, FAILURE OF ANY MECHANICAL OR ELECTRONIC
EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERNET PROBLEMS, UNAUTHORIZED ACCESS, THEFT,
OPERATOR ERRORS, STRIKES OR OTHER LABOR ISSUES OR PROBLEMS OR ANY FORCE MAJEURE. APEX DOES NOT AND
CANNOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY SITE.
C. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT , APEX, AND ITS
SUPPLIERS AND LICENSORS, LIABILITY TO USER FOR ANY DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION
WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER (AND REGARDLESS OF THE FORM OF SUCH ACTION), WILL BE
LIMITED TO, AT ALL TIMES, TO THE GREATER OF (I) FIFTY DOLLARS (US) OR (II) THE AMOUNTS USER PAID APEX IN THE
PRIOR SIX MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENHANCE OR ENLARGE THIS AMOUNT. TO
THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SUCH EXCLUSIONS DO NOT PERTAIN TO SUCH USER AND SUCH USER MAY HAVE OTHER
LEGAL RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION.
12. Limitations of Liability for Services Arranged Through the Sites. USER AGREES THAT APEX IS
MERELY AN AGENT FOR ANY SERVICES ARRANGED OR MADE AVAILABLE THROUGH ANY SITE, INCLUDING BUT NOT
LIMITED TO ANY DELIVERY OR SIMILAR SERVICES. ANY AND ALL CLAIMS ARISING OUT OF, RELATED TO OR CONNECTED
WITH SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS, IF AVAILABLE, AGAINST THE APPLICABLE
SERVICE PROVIDER. APEX DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE, OR OTHER DAMAGES, IN CONNECTION WITH OR RELATED TO THE GOODS OR SERVICES PROVIDED BY ANY
SUPPLIER, VENDOR OR COMPANY THROUGH ANY SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT,
OMISSION, ERROR, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY THAT MAY OCCUR OR BE INCURRED THROUGH
THE FAULT, NEGLIGENCE, OR OTHERWISE OF SUCH SUPPLIER, VENDOR OR COMPANY, AND USER AGREES AND DOES
EXONERATE APEX AND WAIVE APEX FROM ANY SUCH LIABILITY.
13. Indemnification and Release.
a. User agrees to indemnify, defend and hold harmless Apex and its officers, directors,
members, managers, representatives, agents, suppliers and licensors (collectively “Reps”), from any and
all claims, losses, damages, liabilities, judgments, actions, awards, penalties, fines, costs and/or expenses.
including attorneys’ fees (“Claims”) arising from, relating to or in connection with any claim or demand
made by any third-party due to, arising out of or in connection with (i) user’s use or misuse of the Site or
Apex’s services or products, (ii) user’s User Content, (iii) user’s violation of this Agreement, or (iv)
user’s violation of applicable laws, rules or regulations. Apex reserves the right, at user’s expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify Apex and
its Reps. And user agrees to cooperate with Apex or its Reps defense of such Claims. User agrees not to
settle any such indemnification matter without the prior written consent of Apex. Apex will use
commercially reasonable efforts to notify user of any such Claims, actions or proceedings upon becoming
aware of such.
b. As consideration for user’s use of the Site and Apex’s services or products, you hereby
release and forever discharge Apex and its Reps from, and hereby waive and relinquish your rights with
respect to, each and every past, present and future dispute, claim, controversy, demand, liability,
obligation, right, action and cause of action, of every kind and nature, known or unknown, that has arisen,
or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or acts or
omissions of, other Site or service users, third-party interactions and communications or third-party
Content and materials. Please note that user’s release in this Section applies to any and all claims, even if
you did not know such existed when you signed this Agreement.
14. Confidentiality of Communications. Apex will maintain the confidentiality of all user
communications that contain personal user information and which are transmitted directly to Apex in
applicable law. Please note that user postings and content on any message board or in any chat room will
not be protected as confidential and Apex may use and provide such information contained in any such
postings , including any ideas, concepts, intellectual property and know-how, to any of its affiliates,
subsidiaries, or parent company for any purpose as Apex deems appropriate. Please be aware that Linked
Sites may contain separate confidentiality provisions that differ from the provisions provided in this
Agreement and Apex’s privacy policies. Apex is not responsible for such provisions or confidentiality
and disclaims and waives any and all liability related to, connected with, or arising out of such provisions.
15. Contact with Advertisers. In the event user deals with or corresponds with, or participates in
any promotions of advertisers on or through Apex’s Sites, this is solely between user and such
advertisers. Apex makes no representations or warranties with respect to any advertising content of, or
any products or services that may be obtained from such advertisers. User agrees Apex will not be liable
or responsible regarding any loss or damage, of any nature, incurred as a result of such dealings or
correspondence between user and such advertisers, the content, products or services of such advertisers,
or the presence of such advertisers on any Site.
16. Press Releases. All press releases and other materials presented or released to the public that are
contained on a Site were, at the time of issuance, to the best of Apex’s knowledge accurate and timely.
However, the passage of time may and can render information and content outdated and user should not
rely upon continued accuracy of such information beyond the date of issuance. Apex has no obligation or
responsibility to update any information or content contained in such releases.
17. Postings. Apex has no obligation to review messages, information or content (“Postings”) posted
onto any Site by users, and it assumes no liability or responsibility relating to, arising out of or connected
with such Postings. Nevertheless, Apex has the right to monitor such Postings and periodically remove or
decline any Postings that: (a) are unlawful, harmful, abusive, vulgar, obscene, hateful, profane,
threatening, harassing, defamatory, or objectionable, including, without limitation, any content or material
that would constitute a crime, give rise to civil liability, or otherwise violate any local, state, national, or
international law, regulation, rules, or orders; (b) contain or offer unauthorized access or downloads of
copyrighted or private information; (c) multiple or duplicate Postings on the same or similar topics or
items; (d) chain letters or messages of any kind, (e) appear to be messages by an Apex representative, but
are not authorized by Apex, or contain confidential information; (f) express opinions about Apex or its
employees, representatives and agents, (g) contain personal and confidential information; (h)
advertisements or solicitations of any kind or form; and (i) Apex believes, in its sole discretion, is
inappropriate, inaccurate, or not of proper utility or purpose.
18. Personal Data. User understands, acknowledges and agrees that by providing Apex any personal
or proprietary information via any Site, user consents to such transmission and communication of such
personal or proprietary user information and content as necessary for processing via Apex’s standard
business practices. User is responsible for understanding Linked Sites may transmit personal data in
different manners than Apex, and Apex disclaims any and all liability related to such terms or provisions.
19. Violations of Rules, Conditions and Terms. Apex reserves the right to seek any and all
remedies available at law and in equity for violations of this Agreement, including, without limitation, the
right to block access and use from a particular internet address or user to a Site.
20. Access to Secure or Password Protected Areas. Access to and use of password protected or
secure areas and sections of a Site is restricted to authorized users. Any unauthorized person or user
attempting to access such password protected or secure areas or sections of a Site may be subject to legal
prosecution, liability or damages.
21. Cookies. Apex reserves the right to store information on a user’s computer in the form a
“cookie” or similar file for purposes of modifying any Site to reflect a user’s preferences. Apex’s Privacy
Policy/Statement may also include additional information regarding Apex’s use of “cookies” and
procedures for disabling “cookies.”
22. Digital Millennium Copyright Act (“DMCA”): Notification to Apex Regarding Alleged
Copyright Infringement. Apex reserves the right to remove any content or material on any Site that
allegedly infringes upon another person’s copyright. Notices to Apex regarding any alleged copyright
infringement on a Site should be directed to Apex at email@example.com.
23. Term and Termination. This Agreement will remain in full force and effect while you use the
Site or any services. Apex may suspend your rights to use the Site or any services (including your Apex
account) or terminate this Agreement, at any time for any reason, in Apex’s sole discretion, including for
any use of the Site or services in violation of this Agreement. User understands and acknowledges that
any termination of user’s Apex account involves deleting user content associated therewith, and Apex has
no liability for the deletion of such information or termination of user’s account. Even after this
Agreement terminates, all terms and provisions shall remain in effect that may and logically can continue
24. Trademarks, Service Marks. The following are trademarks and service marks of Apex Ultra
Worldwide, LLC, its subsidiaries and/or affiliates, which may appear on the Sites (not comprehensive):
Apex Ultra Worldwide, Bazonzoes, WLZonzoes, PPP, True Health Cannabis Farms, True Health
Extracts, and True Health Cannabis Farms Holdings.
25. Changes to Terms of Service. Apex reserves the right to revise these Terms of Service at any
time, and users are deemed to be apprised of and bound by any changes to these Terms of Services. Apex
will indicate that these Terms of Service have been changed by updating the date indicated after “Last
Modified” at the top of this Agreement. User’s continued use of any Site after the “Last Modified” date
constitutes user’s agreement to the revised and modified Agreement (Terms of Service).
a. Governing Law. Users of any Site agree to submit to the laws of the State of Michigan
and applicable federal law without regard to conflicts of laws principal.
b. Third-Party Beneficiaries. Courier Plus, Inc. d/b/a Dutchie is an intended third-party
beneficiary of this Agreement.
c. Arbitration. Jury Trial Waiver, Class Action Waiver.
i. Except for disputes brought in small claims court, in the event of any dispute or
controversy between the parties hereto arising out of, or relating to, this Agreement or the transactions
contemplated hereby, including any controversy concerning the negotiation, validity or enforceability
of this Agreement and any dispute as to whether a particular controversy is subject to arbitration,
which is not settled amicably by the parties, such controversy or dispute shall be finally, exclusively
and conclusively settled by confidential, mandatory and binding arbitration conducted expeditiously
in accordance with the JAMS Comprehensive Arbitration Rules, by a single arbitrator; provided that,
notwithstanding the foregoing, each of the parties shall be entitled to seek a temporary restraining
order and any other emergency injunctive relief, from a court of competent jurisdiction, restraining
the other party from committing or continuing any violation of the provisions hereof until such time
as the controversy is adjudicated in arbitration; provided further, that monetary damages for any
breach of this Agreement shall be determined pursuant to this subsection. If the parties are unable to
agree on the selection of an arbitrator, then the arbitrator shall be appointed by JAMS according to its
rules on arbitrator selection, which appointment shall be made within ten (10) days following JAMS’
receipt of notice from a party that the parties are unable to agree on an arbitrator. Any party may
institute such arbitration proceeding by filing the required documents with the arbitration service and
giving written notice to the other party. A hearing shall be held by the arbitrator at JAMS’ facilities
located in Lansing, Michigan within thirty (30) days of the arbitrator’s appointment. The decision of
the arbitrator shall be final and binding upon all Parties and shall be rendered pursuant to a written
decision which contains a detailed recital of the arbitrators’ reasoning. Judgment upon the award
rendered may be entered in any court having jurisdiction thereof pursuant to the Federal Arbitration
Act, 9 U.S.C. Sec. 1, et seq. All matters with respect to any arbitration pursuant to this paragraph shall
be deemed to be confidential information.
ii. Pre-Arbitration Dispute Resolution. Prior to utilizing formal arbitration and
dispute resolution procedures, user agrees to try and resolve any dispute or controversy amicably and
efficiently by contacting Apex at firstname.lastname@example.org. Any communications to Apex regarding a
dispute must be sent within ninety calendar days of the date of the event giving rise to such dispute or
controversy. You agree that engaging in this pre-arbitration dispute resolution procedure is a
prerequisite to initiating a complaint in arbitration or any other form or forum. In the event the pre-
arbitration dispute resolution efforts are unsuccessful, a party intending to seek arbitration must first
send to the other part, via certified mail, delivery receipt requested, a written notice of dispute
(“Notice”) within ninety calendar days of the date on which the parties agree that the pre-arbitration
dispute resolution has failed. The Notice to Apex must be sent to the address identified in 2101 W.
Willow St,, Lansing, Michigan 48917. USER UNDERSTANDS AND AGREES THAT FAILURE TO FOLLOW ANY OF
THE STEPS OUTLINED IN THIS SECTION OPERATES AS A WAIVER OF USER’S RIGHTS TO PURSUE ITS CLAIMS IN
ARBITRATION OR ANY OTHER FORUM.
iii. Waiver of Rights. BY AGREEING TO THESE BINDING ARBITRATION PROVISIONS, THE
PARTIES UNDERSTAND THAT THEY ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS THAT MAY OTHERWISE BE
AVAILABLE WERE A CLAIM BETWEEN THE PARTIES DETERMINED BY LITIGATION IN COURT, INCLUDING WITHOUT
LIMITATION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL AND A RIGHT TO INVOKE FORMAL RULES OF
PROCEDURE AND EVIDENCE. USER ALSO AGREES AND UNDERSTANDS THAT ANY SUCH ARBITRATION SHALL BE
CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
d. No Support or Maintenance. User understands, acknowledges and agrees that Apex has
no obligation to provide user with any support or maintenance in connection with any Site or service.
e. Severability. If one or more provisions of this Agreement are held to be unenforceable
under applicable law, the Parties agree to renegotiate such provision in good faith. In the event that the
Parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such
provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as
if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in
accordance with its terms.
f. Accessing and Downloading App from Apple, Inc. (“Apple”). The following additional
terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store®
(“App Store Sourced Mobile App”):
i. User acknowledges and agrees that (A) this Agreement is between you and Apex
only, and not Apple, and (B) that Apex, not Apple, is solely responsible for the App Store Sourced
Mobile App and content thereof. The license granted to user in the Agreement to use the App Store
Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile
App on any Apple Device that user owns or controls, and only as permitted by the Usage Rules set
forth in the App Store Terms of Service.
ii. User acknowledges that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced Mobile App.
iii. In the event of any failure of the App Store Sourced Mobile App to conform to
any applicable warranty, user may notify Apple, and Apple will refund the purchase price for the App
Store Sourced Mobile App to user. To the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As
between Apex and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be the sole responsibility of Apex.
iv. User and Apex acknowledge that, as between Apex and Apple, Apple is not
responsible for addressing any claims user has or any claims of any third-party relating to the App
Store Sourced Mobile App or user’s possession and use of the App Store Sourced Mobile App,
including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced
Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation.
v. User and Apex acknowledge that, in the event of any third-party claim that the
App Store Sourced Mobile App or user’s possession and use of that App Store Sourced Mobile App
infringes that third-party’s intellectual property rights, as between Apex and Apple, Apex, not Apple,
will be solely responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim to the extent required by the Terms.
vi. User and Apex acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of the Agreement as related to user’s license of the App Store Sourced
Mobile App, and that, upon user’s acceptance of the terms and conditions of the Agreement, Apple
will have the right (and will be deemed to have accepted the right) to enforce the Agreement as
related to user’s license of the App Store Sourced Mobile App against user as a third-party
vii. User represents and warrants that (i) user is not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) user is not listed on any U.S. Government list of prohibited or
viii. Without limiting any other terms of the Agreement, you must comply with all
applicable third-party terms of agreement when using the App Store Sourced Mobile App.
g. Entire Agreement. This Agreement, along with incorporated Apex documents referenced
herein, constitutes the entire agreement between the user and Apex with respect to the subject matter
hereof and supersedes and merges all prior agreements or understandings, whether written or oral, with
respect to the subject matter hereof. This Agreement may not be amended, modified or revoked, in whole
or in part, except by written agreement of Apex.
h. Discontinuation or Suspension. Apex, and its licensors, reserves the right to change,
supplement, modify, or suspend, limit, remove, disable, or permanently discontinue user’s access to or
use of the Site, including the Apex App, or any services at any time, with or without notice.
i. Waiver. No failure on the part of Apex to exercise, and no delay in exercising, any right
under this Agreement shall operate as a waiver; nor shall any single or partial exercise of any right by
Apex under this Agreement preclude any other or further exercise of that right or the exercise of any other
j. Contact Information. If you have a question, concern, or are concerned about or aware of
another User abusing the terms of this Agreement, please contact us at email@example.com.