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Terms & Conditions for Vendors

TERMS OF USE AND SERVICE

These TERMS OF USE AND SERVICE govern your (“You,” “Your”) use of http://www.newmexicocannabisexchange.com, our services, and all policies and additional terms posted on and in our sites (collectively referred to as the “Website”).  Your use of the Website indicates Your acceptance of these Terms of Use and Service and Your agreement to use the Website for lawful purposes only and to comply with all terms of this Agreement when accessing or using the Website.  If You do not wish to accept these Terms of Use and Service, please do not use the Website.  

  1. Overview.  The Website is owned and operated by New Mexico Cannabis Exchange LLC, a New Mexico limited liability company (“We,” “Our,” “Us”).  We reserve the right to change these Terms of Use and Service from time to time at Our discretion without notice. It is Your responsibility to be aware of any changes.  Your continued use of the Website constitutes Your acceptance of any changes to these Terms of Use and Service.  
  2. About Us.  The Website provides timed online auctions (the “Auctions”) and auctioneering services for parties that are licensed by the New Mexico Cannabis Control Division to buy and sell cannabis products (the “Goods”).  The Auctions are administered by Us as part of the Website.  The Auctions take place over a defined time period (the “Bidding Period”).  Registered Users of the Website can view the current highest bid during the Bidding Period.  The highest bidder at the end of the Bidding Period is successful at Our discretion.  Sellers may place a reserve amount on Goods (the “Reserve”).  If the Reserve is not met during the Bidding Period, the Goods are not sold and may be relisted by the seller.
  3. The Goods.  The Goods consist of cannabis products.  All sellers and buyers must be properly licensed by the New Mexico Cannabis Control Division.  Only registered buyers and sellers can access listings, bid on listings, sell Goods, and purchase Goods.  The shipment of Goods is solely the responsibility of the seller and/or buyer, as agreed-upon by the seller and buyer.  We do not facilitate the shipping of any Goods.  
  4. No Party to Contracts.  We are not a party to any of the contracts for sale between third-party sellers and third-party buyers.  We may offer guidance as to pricing, shipping, and listing, but this is done solely for information purposes only.  Unless otherwise explicitly stated herein, We have no control over the Goods themselves that are sold and purchased through the Website.  We do not guarantee the existence, quality, or safety of the Goods as listed on the Website, nor do we make any representations regarding the Goods advertised on the Website or the accuracy of a listing.  All representations regarding the Goods are made solely the sellers, and the sellers and buyers are responsible for ensuring the existence, quality, safety, shipping, legality, and all other items concerning the Goods.
  5. Privacy Policy.  We request that You review our Privacy Policy so that You understand what information We collect and how that information may be used.  The Privacy Policy is located on our Website.  
  6. Content.  The content located on the Website (the “Content”) is the property of Us, Our licensors, or the sellers.  This includes specifically all the Goods that are being sold on the Website. The Content is protected by copyright, trademark, and/or other intellectual property laws where applicable.  We strive to keep all Content updated, but We make no warranties or representations regarding the availability of the Website and the accuracy of said Content.  We reserve the rights to change or update all Content and to correct errors, inaccuracies, or omissions at any time without prior notice.
  7. Fees and Taxes.  Each the buyer and the seller pay Us a fee of 2% of the winning bid amount for Our Auctions on the Website (“Commissions”).  The Commissions are for Your use of Our Website and Our running of the Auctions.  When the Bidding Period ends, if there is a highest bidder and any Reserve is met, the information of the buyer will be provided to the seller.  It is the responsibility of the buyers and sellers to communicate and arrange for proper, legal transport of the Goods and payment.  We will send an invoice to both the seller and buyer at after the Bidding Period ends for Our Commissions.  All Commissions are to be paid within thirty (30) days after the end of the Bidding Period are to be paid by check, money order, or other agreed-upon method and mailed to the address listed on any invoice.  If payment for a Commission is not received within thirty (30) days after the end of the Bidding Period, You may be suspended from any further Auctions.  
  8. Reporting.  Seller and/or buyer are responsible for any reporting the state of New Mexico may require regarding the sale and purchase of the Goods and the payment of any required taxes.  We do not sell or purchase the Goods.  The Website is merely an Auction platform for licensed cannabis growers and manufacturers to sell their Goods.  We charge fees for the auction services on the Website, and We are responsible for paying appropriates taxes on same.  We do not pay taxes on the Goods themselves; You acknowledge this is Your responsibility, as the seller and/or buyer.  
  1. Limitations on Usage.  You may not use the Website or Content in any way whatsoever that would cause infringement to the rights of any person or entity. 
  2. Registration.  In order to bid or sell any Goods on the Website, You must register.  As part of the registration application, You must supply personal information, including, but not limited to: full name, email address, phone number, shipping address and information, New Mexico Cannabis Control Division licensure information, copy of Your driver’s license, and potentially other information as required.  Additional information may be required from time to time to verify and/or confirm Your licensure with the New Mexico Cannabis Control Division or other otherwise.  Upon registration application, We will confirm Your licensure with the New Mexico Cannabis Control Division.  You will not be a registered user until We have confirmed You are legally authorized to bid and/or sale Goods.  All Goods, sellers, and buyers must be located in New Mexico.  You will be required to maintain a password for Your access to the Website.  You are responsible for all activity conducted under You account.  It is Your responsibility to maintain confidently of your accounting information and your login information, including your password.  If Your account is banned, removed or deleted, membership fees are non-refundable.
  3. Seller Requirements.  By listing a Good on the Website for auction, You agree to the following: You assume full responsibility for the Goods listed and accuracy of the listing; You are properly licensed to sale and transfer the Goods; all transfers of Goods are done by licensed couriers; You are located in New Mexico; the Content You provide for the listing does not infringe any third-party rights; We are never in possession of the Goods; We may review and remove any listing that does not comply with these Terms of Use and Service or other agreement; and We may suspend or remove any seller who does not comply with the requirements of these Terms of Use and Service or other agreement located on the Website.
  4. Listing Requirements.  When You list Goods for sale on the Website, You are granting Us a non-exclusive license, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all intellectual property rights You have in that content in connection with the services We provide.  To the fullest extent permitted under applicable law, You agree to waive any right to enforce You intellectual property rights with respect to any content You upload or place on the Website against Us, Our assignees, and Our sublicensees in connection with the use of that content in connection with Our providing of services.  All details relating to the shipping and delivery of the Goods shall be include in the listing.  
  5. Buyer Requirements.  By bidding on a Good, You are agreeing to purchase the Good if you are the winner of the auction.  You are entering into a binding contract upon bidding with the seller.  By bidding on a Good on the Website, You agree to the following: You are responsible for reading the full listing for the Goods before bidding or purchasing; You are properly licensed to purchase the Goods; You are located in New Mexico; the Content You provide for the listing does not infringe any third-party rights; We do not transfer legal ownership of Goods from the seller to You; We are never in possession of the Goods; and We may suspend or remove any buyer who does not comply with the requirements of these Terms of Use and Service or other agreement located on the Website.
  6. Payment.  If there is a dispute between the seller and the buyer, We will attempt to facilitate a resolution.  If no resolution can be obtained within two (2) days after the end of the Auction, the buyer has the option of returning the Goods to the Seller if the Goods have been delivered or cancelling the sale of the Goods if the Goods have not been delivered.  All costs relating to the return of Goods are seller’s responsibility.  All Commissions are non-refundable.  We reserve the right to take action against a seller or buyer due to any dispute between a seller and buyer, including, but not limited to, suspension or revocation from the Website and any further Auctions.
  7. Age Limitation.  In order to access and use the Website, you must be twenty-one (21) years of age or older. By using the Website, You warrant and represent that you are at least twenty-one (21) years of age.  The Website is not directed towards children under thirteen (13) years of age, and the Website does not knowingly collect information from children under thirteen (13) years of age.  Due to this age requirement, no information obtained by Us pertaining to Your use of the Website is subject to the Children’s Online Privacy Protection Act (COPPA).
  8. LIMITATION OF LIABILITY.  IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, LOST REVENUE, LOSS OF GOODWILL, OR ANY OTHER DAMAGE ARISING FROM, DIRECTLY OR INDIRECTLY: YOUR USE OF THE WEBSITE; THE CONTENT; THE UNAVAILABILITY OF THE WEBSITE OR GOODS; DAMAGE TO THE GOODS; INACCURATE LISTINGS; DELAYS IN SHIPPING OF THE GOODS; ACTIONS TAKEN BY THIRD-PARTIES; THE GOODS; AND/OR THESE TERMS OF USE AND SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. WARRANTIES AND DISCLAIMERS.  YOU AGREE THAT YOUR USE OF THE WEBSITE, RELIANCE ON THE CONTENT, AND YOUR USE OF THE GOODS IS DONE AT YOUR SOLE RISK.  THE GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THESE TERMS OF USE AND SERVICE, THE WEBSITE, THE CONTENT, THE GOODS, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY OTHER WARRANTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE GOODS. IMAGES CONTAINED ON THE WEBSITE ARE ILLUSTRATIVE AND MAY NOT BE ACCURATE.
  10. Indemnification.  You shall indemnify and hold Us and Our officers, directors, employees, and agents harmless for any losses, claims, damages, liabilities, awards, demands, penalties, or injuries, including reasonable attorney fees, from any claim or demand by any third party, arising from Your use of the Website, the Goods, any alleged breach by You of these Terms of Use and Service, and/or Your breach of any law or the rights of a third-party.
  11. Compliance with Regulations.  You shall not directly or indirectly export or re-export (including by transmission) any regulated Goods to any State, country, territory, or otherwise to which such Goods are restricted by U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, the New Mexico Cannabis Control Division, another State’s cannabis division, and any other federal or State departments that may control the Goods.  All Goods sold and purchased through the Website are intended to be sold and purchased in New Mexico, where the purchase and sale of the Goods is legal when performed by properly licensed parties.  If You choose to take the Goods outside of the State, You do so at Your own risk and You are solely responsible for ensuring compliance with all federal and State regulations.  
  12. Severability.  If any term of these Terms of Use and Service is to any extent illegal, otherwise void, invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and to the extent permitted and possible, shall be deemed replaced by a valid and enforceable term that comes closest to expressing the intention of such invalid or unenforceable term. All other terms of this Agreement shall remain in full force and effect.
  13. Governing Law.  You and We each agree that these Terms of Use and Service are to be interpreted, construed, bound, and governed in accordance with and by the laws of the State of New Mexico, without reference to is principles of conflicts of laws that would require application of the substantive laws of any other jurisdiction. You and We further irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of New Mexico and agrees that any dispute, action, motion, proceeding, or recourse brought that relates in any way to or arise out of these Terms of Use and Service (and any previous versions), the Website, the Content, any action taken by Us or Our agents, or the Goods offered, sold, or purchased through our Website, shall be brought only before the courts of New Mexico.
  14. Arbitration. You and We each agree that any controversy or claim that relates in any way to or arise out of these Terms of Use and Service (and any previous versions), the Website, the Content, any action taken by Us or Our agents, or the Goods offered, sold, or purchased through our Website shall be determined by arbitration in accordance with the American Arbitration Association. The place of arbitration shall be Bernalillo County, New Mexico.  The decision and award of the arbitrator hereunder may be entered in a court of competent jurisdiction. Issues of arbitrability shall be determined in accordance with the federal substantive and procedural laws relating to arbitration.  The requirement for arbitration set forth herein shall not be deemed a waiver of any right of termination under these Terms of Use and Service, and an arbitrator is not empowered to act or make any award other than based solely on the rights and obligations of the Parties prior to any such termination and as a result thereof. The arbitrator shall not have authority to award punitive or other damages in excess of compensatory damages and You and We irrevocably waive any claim thereto. The exclusive dispute resolution procedure provided herein shall not be applicable to requests for equitable relief, and requests by either You or We to a court for interim measures or equitable relief shall not be deemed a waiver of the obligation to arbitrate. Except to the extent required by law, You and We, Yours and Ours representatives, other participants, and the arbitrator shall hold the existence, content, and results of the arbitration in confidence.
  15. Third-Party Sites.  The Website may contain hyperlinks to third-party websites, all of which are provided solely for Your convenience.  We do not necessarily endorse the content contained on the third-party websites, and We make no representations or warranties whatsoever relating to these third-party websites and any information contained there.  You are encouraged to use caution when following any hyperlinks that take You away from the Website.  Any third-party websites are governed by their own policies and terms of use. If You do visit any third-party websites, You are encouraged to view those policies and terms of use.
  16. Force Majeure.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.
  17. No Business Relationship.  There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of this Agreement, Your use of the Website, and/or the Goods.
  18. Cancellation of Auctions.  We reserve the right to refuse or cancel an Auction before or after the Bidding Period ends.  An Auction may at any time be cancelled for certain reasons, including, but not limited, to: product or service availability, errors in the description or price of the Goods, error in the Auction, improper licensure of seller or buyer, or other reasons.  We reserve the right to refuse or cancel an Auction if fraud or an unauthorized or illegal transaction is suspected by buyer or seller.  If You fail to pay for any Goods as previously agreed-upon, Your access to the Website may be terminated.  
  19. Third-Party Registration.  If You register for an account on behalf of a third-party, including on behalf of a legal entity, You represent and warrant that You are an authorized representative of that third-party and are authorized to bind such third-party to these Terms of Use and Service and any other agreement located on the Website.  If You are registering on behalf of an entity, You warrant and represent that You either own or are directly employed by the entity and that the entity has an active cannabis business license issued by the state of New Mexico Cannabis Control Division.
  20. Non-Transferrable.  All accounts registered with the Website are non-transferable.  Only the registered user can use the account.  You are liable for all account activity done under You account and/or Your name on the Website.  We may call You, or otherwise contact You, to verify Your information at any time.  
  21. No Bid Sniping or Shill Bidding.  Bid sniping and shill bidding are prohibited.  If We determine that You have committed either of these infractions, or attempt to commit either of these infractions, Your access to the Website may be suspended or permanently revoked.  The auctions affected by such actions may be cancelled or otherwise remedied, at Our discretion.   
  22. Copyright Complaints.  If You believe that any Content on the Website constitutes copyright infringement, please provide Us, via email, the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on the Website with identifying information for the listing, if applicable;
  • Your address, telephone number, and email address;
  • A statement by You that you have a good faith belief that the disputed use us not authorized by the copyright owner, its agent, or the law; and
  • A statement by You, made under penalty of perjury, that the above information in You notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. Contact Information.  Should You have any questions or concerns about these Terms of Use and Service or the Website, please email us here.  
  2. Any previous verbiage of Auctions should be considered to apply to both Auctions and Marketplace listings.

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