SERVICE AGREEMENT

This Agreement sets out the legally binding terms for your use of the Website in the Service.

By accessing or using the Site, Patient is accepting these Terms (on behalf of itself or the entity that it represents), and it represents and warrants that it has the right, authority, and capacity to enter into these Terms (on behalf of itself or the entity that it represents).

Do not access or use the Service if you are unwilling or unable to be bound by the MMJHerb.

  1. About Services

1.1. Company maintains a relationship with licensed Physicians in various jurisdictions throughout California, at which Services’s customers may select to fill their prescriptions. Each such Physician is referred to in this agreement (the “Agreement”) as a “Physician” (and any reference herein to “Doctor” means any one or more of such Physicians). Patients may receive Physician’s recommendation arranging the filling from Physicians in the Website.

1.2. Company provides an online platform to help connect Physician with Patient, whereby Patient can submit a request for the service of Medical Cannabis Recommendations. Patients may contact one of contracted Physicians Service representatives to facilitate Patient’s order. This assistance may include obtaining and transmitting the information necessary for the applicable Physicians to fill Patient’s Recommendation.

1.3. MMJHerb is not itself a Physician, and is not selling marijuana. Company helps medical Patients to find lawfully operated services for the Physician recommendation. It is the sole responsibility of Patients and the Physicians to comply with all applicable laws and regulations.

1.4. MMJHerb is not medical marijuana collective or cooperative. In every case, Patients are purchasing medications from the Dispensary. MMJHerb will take reasonable steps to determine that any Recommending Physician, which a customer chooses to fill, is licensed under the laws of the jurisdiction where it operates. MMJHerb is not responsible, however, for any errors or omissions that the Physicians may make. A Patient’s recourse in that case is against the Physician.

1.5. In all cases, MMJHerb must receive a valid Recommendation, and a Recommendation must be co-signed by a Physician in the jurisdiction California operates. The Physician will evaluate the Patient’s medical profile and may approve medical marijuana for the treatment of Patient.

1.6. MMJHerb reserves the right to refuse service to anyone, including previous Patients. Such determination shall be made by MMJHerb, in its sole discretion. Each Physician retains the same rights.

1.7. Patient represents and warrants that: (a) all required registration information it submits is truthful and accurate; (b) it will maintain the accuracy of such information. It may delete its Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate its Account in accordance.

1.8. Patient is responsible for maintaining the confidentiality of its Account login information and is fully responsible for all activities that occur under its Account. Patient agrees to notify Company immediately of any unauthorized use, or suspected unauthorized use of its Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from its failure to comply with the above requirements.

1.9 THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR health care providers FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.  NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  FURTHER, A HEALTH CARE PROVIDER’S ABILITY TO USE OUR SERVICES is not an endorsement or recommendation of that health care provider by MMJDOCTORONLINE.

  1. Access to The Site

2.1. The Services shall be available only to Patients that reside in the state of California “Medical Cannabis Jurisdiction”.

2.2. In order to gain access to and to use the Site, user must demonstrate to the satisfaction of MMJHerb that it currently resides in the state of California. Only a valid, state-issued, non-expired identification card or driver’s license (collectively, “Identification”) shall be sufficient to demonstrate residency in the Medical Cannabis Jurisdiction.

2.3. The Services provided through the Site vary by Patient’s debilitating condition and/or medical treatment as dictated by applicable Medical Cannabis Jurisdiction Laws and regulations in the jurisdiction in which Patient resides.

2.4. The Services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.

2.5. “Patients” shall mean those individuals who demonstrate to the satisfaction of a licensed physician, doctor of osteopathy, or licensed health care provider that they (a) suffer from one or more of the qualifying conditions and/or (b) are undergoing certain qualifying medical treatments as defined and governed by applicable state laws and regulations relating to the use of cannabis for medical treatment of the foregoing in the state in which the Patient resides.

2.6. An individual may be deemed a “Patient” for purposes of these Terms only if such individual resides in California and that legalized, decriminalized for possession and/or consumption of cannabis for medical use by patients.

2.7. Please note that the conditions and/or treatments required to qualify an individual as a Patient may vary depending on the jurisdiction in which you reside. It is solely Patient’s responsibility to ensure that it has right to the use of cannabis for medical treatment.

2.8 If you are patient, you are taking responsibility in the use of services. You acknowledge that your relationship on health care with your health care provider and receive services from the provider of medical services is carried out exclusively at your own risk and you are solely responsible for all risks, to the extent permitted by law. Using the service, you agree not to hold Mmjherb assumes no responsibility for any medical errors or substandard care physician can do.

  1. Relationship With Company

3.1. MMJHerb provides a platform for Patient to consult with Physician and to obtain Physician Recommendation.

3.2. The Services provided through the Site are not a substitute for direct health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with Patient and Physician.

3.3. The Site may offer Patients one or more of the following:

3.3.1. information on licensed physicians, doctors of osteopathy who wish to publish their contact information on the Site;

3.3.2. administrative support in connection with third-party financing and payment options for Physician recommendation when possible, and/or

3.3.3. communication support using the Site for direct access to Physicians and facilities with whom a Patient has an existing Physician-to-Patient relationship for assessments.

3.3.4. a virtual environment, such as a website, through which Patients and Physicians may establish a relationship for the provision of cannabis.

3.4. With Patient’s consent, MMJHerb can deliver doctor’s recommendation to it by: displaying or delivering the recommendation electronically, and requesting that Patient prints the Physician’s recommendation and retain the Physician’s recommendation for its records.

  1. Duty to Provide Information and Access

4.1. Patient authorizes each of MMJHerb, as its agent and attorney for the limited purposes of taking all steps and signing all related documents on its behalf, necessary in the state of California, including without limitation: in such cases where a Recommendation must be written by a Physician (each, Doctor) licensed to practice medicine in the California jurisdiction, taking all necessary steps on its behalf to contact such Doctor and convey the relevant information that MMJHerb has about Patient (including the original Recommendation and its contact information) for its review.

4.2. Each of MMJHerb and any such Doctor(s) has(ve) the same authority in this regard as Patient would, if Patient was personally present, taking those steps and signing those Physician’s Recommendation itself.

4.3. Patient also has a duty to provide truthful, accurate, and complete responses on any patient forms or information on requests Patient’s Doctor may provide through the Site.

4.4. Patient authorizes MMJHerb to collect from and share with any Physician which fills his Recommendation engaged by MMJHerb in connection with the filling of Patient order, personal health information, for the purposes of facilitating the filling of Recommendation.

  1. Medical Recommendations

5.1. MMJHerb does not decide, whether cannabis may be an appropriate treatment for Patient or not.

5.2. The use of cannabis is determined solely by Patient’s Physician’s independent medical judgment after a good faith medical examination.

5.3. Physician is obligated to perform a good faith medical examination, Physician is in no way obligated to recommend  Patient the use of cannabis for medical treatment.

5.4. At no time shall Patient provide cash or any form of remuneration to either MMJHerb or to its Physician intended in whole or in part to induce its Physician to recommend the use of cannabis.

  1. Consent to electronic delivery of Physician’s recommendation

6.1. To access and retain your electronic valid doctor’s recommendation from MMJHerb Patient must have access to an Internet service account.

6.2. Patient is responsible to access, open and read the form. An electronic valid doctor’s recommendation has the same legal effect as a printed form. If Patient cannot access or read the form, it must email: support@mmjherb.com

6.3. Patient agrees that it’s able to view the valid doctor’s recommendation using its computer. Patient consents to the use of electronic signatures in connection with its form with MMJHerb in place of paper documents and handwritten signatures.

6.3.1. Please, click on the “I AGREE” button where indicated. The Parties agree as follows: 1. Patient agrees to have MMJHerb electronically deliver to Patient the forms applicable to patient Doctor’s recommended

6.3.2. If Patient is satisfied with doctor’s recommendation shown on the electronic forms, electronically signing the forms by clicking the “I Agree (s) and Continue” button at the bottom of the page will be its confirmation that it have elected and accepted the terms and conditions and options and/or other requested data.

6.3.3. If Patient does not agree and consent to electronically signing its valid Physician recommendation, it has the option to request a paper form. The MMJHerb charged $15 for paper recommendation.

  1. Federal Law

7.1. Upon acceptance of this Agreement, Patient represents and warrants that it understands the varied legal risks associated with its use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws.

7.2. Should any criminal or civil administrative or legal actions be instituted against Patient for use or possession of cannabis is for medical treatment as recommended, Patient will not hold MMJHerb or any of its Doctors liable for any loss, injury, or claims of any kind resulting from those actions. Patient is solely responsible for maintaining a full understanding of the medical  laws in the state in which it resides.

7.3. This Site is controlled and operated by MMJHerb from its offices within California, within the United States of America. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local and state laws, including those applicable and governing by Jurisdiction laws and regulations, if and to the extent applicable. Access to the Site from jurisdictions where the Content and purpose of the Site is illegal or penalized is strictly prohibited.

7.4. The Patient acknowledges and agrees that MMJHerb neither provides nor has any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.

7.5. Patient expressly acknowledges that the use, possession, cultivation, transportation and distribution of cannabis is illegal in California unless all participants are acting completely within the scope of California’s medical laws as set forth in the Attorney General’s Guidelines for the Security and Non-Diversion of cannabis for Medical Use ((August 2008)

http://www.ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf)

and the Medical Marijuana Regulation and Safety Act (consisting of AB243 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB243),

AB266 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB266)

and SB643

(http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB643)

and any amendments thereto.

7.8. Patient further acknowledges that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical marijuana laws, such as California’s Compassionate Use Act.

  1. Consultative Service

8.1. Patient’s Physician may use the Site to receive information from Patient as well as to provide advice or diagnosis to it.

8.2. By deciding to engage the services of the Site, Patient acknowledges and agrees and accepts that:

– the diagnosis Patient will receive is limited and provisional;

– the Physician’s opinion is not intended to replace a full medical evaluation or an in-person visit to Physician;

– Patient’s Physician providing services through the Site may not have important information that is usually obtained through a physical examination;

– and the absence of a physical examination may affect Physician’s ability to diagnose Patient condition.

  1. Transactions

9.1. As part of the services on the Site, MMJHerb may facilitate Patient’s payment of certain fees to Physician.

9.2. MMJHerb will charge Patient a start-up fee and a standard monthly fee for using our system as well as additional fees depending on the type of service Patient has selected.

9.3. Settlements shall be made in $ (USA) currency. For realization of the payments available means on Website are used.

9.4. When Patient pays by credit card, it hereby authorizes MMJHerb to bill and charge the credit card indicated in its order for any fees and any other amounts provided for in its order as the same become due and payable.

9.5. Patient request for services through the Site will not be fulfilled until full payment has been received and/or verified.

9.6. Payment is due at time of appointment. Payment amount includes the fees for the appointment, paper recommendation, and shipping. Optional upgrades may incur extra costs.

9.7. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.

9.8. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of Patients. These promotional offers, unless made to Patient, shall have no bearing whatsoever on its offer or contract. The Company may change the fees for its Service, as it deems necessary for its business.

9.9. MMJHerb employs a strict non-refundable policy for all completed appointments and consultations. The issuance of a cannabis recommendation is contingent on the discretion of the doctor or medical professional. In the event Patient does not qualify for a cannabis recommendation, it is not entitled to any refund amount.

9.10. The fees shall apply for its medical consultation with a Physician, there is no guarantee of any kind of a medical recommendation. All such Recommendations are solely within the professional medical judgment and discretion of the Physician.

9.11. The costs of using means of distant communication by WebSite in order to use the Service or services provided within the framework of the Service shall be borne by Patient in accordance with an agreement concluded thereby with the entity providing such means of communication to Patient.

  1. Licensing

10.1. MMJHerb grants Patient a limited, non-exclusive, non-transferable license:

(i) to view, download and print any Site content solely for its personal and non-commercial purposes;

and (ii) to view any User Content to which Patient has permitted access solely for its personal and non-commercial purposes. Patient has no right to sublicense the license rights granted in this section.

10.2. Patient agrees that it will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, except as expressly permitted in this Agreement. No licenses or rights are granted to Patient by implication or otherwise under any intellectual property rights owned or controlled by MMJHerb or its licensors, except for the licenses and rights expressly granted in this Agreement.

10.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to User. User agrees that Company will not be liable to it or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

10.4. No Support or Maintenance. Patient acknowledges and agrees that Company will have no obligation to provide it with any support or maintenance in connection with the Site.

10.5. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the the Service.

10.6. This Agreement is not a sale and does not convey to Patient any rights of ownership in or related to the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Service are trademarks of the Company or third parties, and no right or license is granted to use them.

  1. Third party interactions

11.1. During the use of the Application and Service, Patient may enter into correspondence with, purchase services from services through the Site.

11.2. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between Patient and the applicable third-party.

11.3. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase between Patient and any such third-party.

11.4. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any services or other materials on or available from third party providers.

11.5. The Company disclaims any and all responsibility or liability arising from such agreements between Patient and the third party providers.

  1. Information

12.1. By accepting the Terms of Use, Patient understands and agrees that Physician may send Patient’s messages, reports, and emails, via the Site or otherwise, regarding the treatment or its condition. It is Patient responsibility to monitor these messages, reports, and emails. Patient agrees that it will not hold MMJHerb liable for any loss, injury, or claims of any kind resulting from its failure to read these messages or for its failure to comply with any treatment recommendations contained in these messages.

  1. Termination and modification

13.1. Patient agrees that MMJHerb, in its sole discretion, has the right (but not the obligation) to delete or deactivate its account, block its email or IP address, or otherwise terminate its access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MMJHerb believes that Patient has acted inconsistently with the letter or spirit of the Agreement. Further, Patient agrees that MMJHerb shall not be liable to it or any third-party for any termination of its access to the Service. Further, Patient agrees not to attempt to use the Service after said termination.

13.2. Patient may terminate the Agreement at any time by closing its account, discontinuing its use of the Service, and providing MMJHerb with a notice of termination.

13.3. In the event of any termination of the Agreement, whether by Patient or Company, the remaining portions of these Agreement remain in full force and effect, including our right to use Its Content.

13.4. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. Patient is responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute its consent to such changes.

  1. Disclaimer of warranties and  limitations of liability

14.1. The Сompany’s service and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

14.2. Patient agrees that the company’s liability for any complaint shall be limited to the amount, if any, paid by User to the company.

14.3. The quality of the Physician’s services scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such medical marijuana recommendation to Patient.

14.4. I release, discharge, indemnify and hold harmless each of MMJHerb, the Physicians, each of their respective subsidiaries, affiliates, and suppliers, and each of their respective officers, directors, shareholders, agents and employees from any and all liability, claims, causes of action or damages of any kind, whether direct, indirect, consequential, incidental, punitive or otherwise, however caused and regardless of the theory of liability, arising from or due to:

(a)   any act, error or omission on the part of any third party who is appointed as my agent pursuant to this Agreement;

(b)   the cessation of Company’s providing services to Patient;

(c)   errors made by prescribing physicians;

(d)   any problems that arise from my failure to provide full and accurate information in accordance with this Agreement;

(g)   any errors or omissions by the physicians that fill my prescription(s); and

(h)   this Agreement or my use of Company’s services except where my loss is caused by Company‘s own actions (and not those of other persons such as prescribing physicians, me or my agent) and MMJHerb is liable for the loss under the laws of the Agreed Jurisdiction, taking into account all limitations or defences, including those stated in this Agreement.

  1. Release & Disputes

15.1. I agree that any and all agreements reached, or contracts formed, throughout the course of my relationship with MMJHerb shall be deemed to be made in California (the “Agreed Jurisdiction”), and accordingly shall be governed by the laws of the Agreed Jurisdiction applicable to such agreements and contracts, and I acknowledge that I am benefiting from such laws by engaging MMJHerb to arrange for my order(s) to be filled.

15.2. Any dispute that arises between Patient and Company, its affiliates, related companies, subsidiaries, officers, directors, shareholders, employees or agents, shall be governed by the laws of the Agreed Jurisdiction applicable to contracts formed in the Agreed Jurisdiction, provided that the courts of the Agreed Jurisdiction shall have sole and exclusive jurisdiction over any such dispute, including but not limited to, claims of negligence or malpractice. No action or claim may be brought more than a year after I receive the Service which Patient orders.

15.3. The dispute settlement provisions contained in this Agreement shall survive regardless of the invalidity of this Agreement in whole or in part.

15.4. Where either MMJHerb or I am liable to compensate the other, the amount is restricted to recovering those actual losses recoverable by the laws of the Agreed Jurisdiction, and not any punitive or exemplary damages.

15.5. Any provision in this Agreement that is invalid or unenforceable shall be deemed to be severable from the other provisions contained in this Agreement.

I, the undersigned patient, understand, agree, declare and / or acknowledge:

I am over 18 years of age and a resident of California.

I am able to use Marijuana and in accordance with CA Prop 215, SB 420 and the California Attorney General Guidelines.

I am legally able to use, possess and cultivate Marijuana for medical purposes.

I appoint and designate the MMJHerb, and their representatives, as my true and lawful agents for the limited purpose of assisting in obtaining my legally Recommending Physician Medical Marijuana.

I shall provide the MMJHerb with all changes in my contact, diagnosis or primary physician information immediately.