Terms of Use

Last Updated: July 25, 2024

These Terms of Use (these “Terms”) are entered into by Cresso Health Opco, LLC and its affiliates (“Cresso Health,” “we,” or “us”) and you as a user of this website (“you” or “your”), and you acknowledge and agree that the following terms, conditions, guidelines, covenants, and notices set forth herein shall govern your access and use of this website. These Terms apply to and govern your use of this website and any website or services controlled by Cresso Health that includes, displays, attaches, links to, or references these Terms, including, without limitation, all services, products, content, features, and functionality available through this website (the “Site”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU BEGIN USING THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION, AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE LEGALLY BOUND BY THESE TERMS, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE, AND REMEDY EXCLUSIONS AND LIMITATIONS, VENUE SELECTION, AND A CHOICE OF DELAWARE LAW, AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY.

If you do not agree with any part of these Terms, you must not use the Site. You represent and warrant that you are at least eighteen (18) years old or older and possess the legal right and ability to agree to these Terms.

CRESSO HEALTH RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN CRESSO HEALTH’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

1. Site Content; Reservation of Rights

The Site is for your personal and noncommercial use. Except as otherwise provided by a third party, all trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Cresso Health and/or its licensors. You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of Cresso Health and/or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks and/or trade dress of Cresso Health and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Cresso Health and/or its licensors. The Site contains copyrighted material, Trademarks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, images, logos, video, and graphics, and including the entire selection, coordination, arrangement, and “look and feel” of the Site (collectively, the “Content”). Neither these Terms nor your use of the Site transfers any right, title, or interest in the Site or the Content to you. Cresso Health and its third-party licensors retain all of our and their respective right, title, and interest to the Site and Content. Any rights not expressly granted herein are reserved. The misuse of the Trademarks displayed on the Site, or any other Content on the Site, is strictly prohibited.

2. Access and Use of the Site

Subject to these Terms, we grant to you, for your personal, non-commercial use only, a non-exclusive, limited, non-transferable, and revocable license to access and use the Site. Permission is granted to download the Content for your use only and only for the purposes for which we provided you access to the Site, provided you do not delete, modify, overwrite, hack, or attempt to change or alter any of the Content and that you retain all copyright notices and other proprietary notices contained in the Content, as applicable.

3. Restrictions on Use

You may not distribute, republish, display, copy, reproduce, download, transmit, license, sell, create derivative works from, transfer, or otherwise exploit any Content or information from the Site, in whole or in part, without the express written permission of Cresso Health. You may not “mirror” any Content or information from the Site on any other server without prior written permission from Cresso Health. Any unauthorized use of any Content contained on the Site may violate copyright laws, trademark laws, the laws or privacy and publicity, and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same.

In addition, you shall not (and shall not allow or encourage any person to):

delete, modify, hack, or attempt to change or alter any of the Content on the Site;
remove, delete, alter, or obscure any Trademarks, or otherwise remove or modify any copyright or other intellectual property or proprietary rights notices from the Site or any Content;
reverse engineer, disassemble, decompile, or decode the Site or any Content therein, in whole or in part;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or Content thereon;
replicate, reproduce, copy, or distribute Content from the Site, or any Cresso Health Trademarks, in violation of these Terms;
post on or transmit through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or servers or networks connected to the Site, or take any other action that interferes with administration, security, and/or operation of the Site or other parties’ use of the Site;
attempt to access computer systems or networks connected to any of our servers or to the Site, through hacking or any other means;
take any action that imposes an unreasonable or disproportionately large load on Cresso Health and/or our affiliates’ infrastructure;
disseminate, store, upload, or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any malicious code or program that may damage the operation of another’s computer or the property of another;
publish, post, or otherwise communicate false information, inaccurate information, or information of another person for which you are not authorized to provide; or
engage in any other activity deemed by Cresso Health to be in conflict with the spirit or intent of these Terms.

4. Feedback

Cresso Health may provide you with a mechanism to provide remarks, feedback, suggestions, ideas, or other information that is communicated by you to us if you choose, about our products, services and the Site, including via social media pages, responses to surveys or requests for feedback, and/or other areas/mechanisms by which you may submit comments or other content (collectively, “Feedback”). You hereby irrevocably assign such Feedback to us. You agree that Cresso Health may, in its sole discretion, use the Feedback you provide to Cresso Health in any way, including in future modifications of the Site or in other Cresso Health products or services. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

5. Linked Sites; Third-Party Content

The Site may contain links to other websites on the Internet, which are not maintained by us and with which our connection consists of only a hyperlink (“Linked Sites”). When you leave the Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.

You acknowledge and agree that Cresso Health has no responsibility for the accuracy or reliability of information provided by the Linked Sites. Cresso Health does not author, edit, or monitor these Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site. We reserve the right to terminate such links at any time.

6. Your Privacy

Cresso Health will treat any information it collects or receives from you through the Site in accordance with its online Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

7. Disclaimer

You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Content and any intellectual property rights therein, Cresso Health may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Florida, or to any federal court located within the State of Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 10 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Florida. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

8. Indemnity

You agree to indemnify and hold harmless Cresso Health, our affiliates, partners, agents, officers, employees, subcontractors, successors, assignees, and suppliers (the “Indemnitees”) harmless, and at our option defend the foregoing from and against any liability, claims, damages, obligations, actions, lawsuits, losses, judgments, fines, penalties, costs, or expenses (including reasonable attorneys’ fees) incurred by or brought against the Indemnitees related to or arising out of your use of the Site, our Content, or your violation of these Terms, or your violation of any rights of a third party.

9. Limitation of Liability

IN NO EVENT WILL CRESSO HEALTH AND/OR OUR LICENSORS OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO THE USE OR INABILITY TO USE THE SITE, THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CRESSO HEALTH AND/OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT PROVIDED ON THE SITE.

IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND CRESSO HEALTH OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, THE AGGREGATE LIABILITY OF CRESSO HEALTH AND/OR OUR LICENSORS AND ANY OF THEIR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Dispute Resolution

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Modifications of these Terms

As mentioned above, we may make changes to these Terms from time to time. We will post updates and changes to the Site and the date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and these Terms to check for any changes that may impact you, and if you do not accept such amendments, you must cease using the Site. Your continued use of the Site after we have made updates to the Terms is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted.

12. Typographical Errors; Content Disclaimer

Although we attempt to ensure the integrity and accurateness of the Site, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within the Site, including, but not limited to, the Content and any other information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Site. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on the Site at any time without notice.

13. Severability and Waiver

If a court of competent jurisdiction rules that a provision of these Terms is invalid, such provision shall be ineffective only to the extent of such invalidity, and the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches.

14. Governing Law; Time Limit on Claims

These Terms shall be construed and governed under the laws of the United States and State of Delaware (without regard to rules governing conflicts of laws provisions). You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arises or accrues or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

15. Contact Information

If you have any questions about these Terms, the practices of Cresso Health, or your dealings with the Site, please contact us at info@cressohealth.com.