The Study: Cannabis Terms of Use

Last Updated October 10, 2019

BY “REGISTERING AN ACCOUNT” WITH THE STUDY,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS OF USE, OUR PRIVACY POLICY AND IF YOU USE OUR CANNABIS SERVICES, THESE CANNABIS TERMS OF USE. IF YOU DO NOT AGREE TO THESE CANNABIS TERMS OF USE, DO NOT “REGISTER AN ACCOUNT”, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE BENEFIT OF THE THE STUDY SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO “REGISTERS AN ACCOUNT” ON YOUR BEHALF.

As used herein Allchemy, Inc. (d/b/a The Study) and collectively with its subsidiaries, affiliates, successors, and assigns, is referred to as “The Study”, “we,” or “us”.

Our Cannabis Site provides information about cannabis. This information is based on the personal experiences of our participants as well as our best effort to curate and repost latest scientific research. The intention of The Study is to inform consenting adults about their options for exploring cannabis, and to facilitate that exploration.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

Your access to and use of the Site are subject to these Cannabis Terms of Use (“Terms of Use”), the Master Terms of Use and our Privacy Policy, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Site or any information or Content contained on the Site, as defined in these Terms of Use. Your access to and use of the Site constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. This Site is continually under development, and The Study reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Site is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Site. Your continued use after a change has been posted constitutes your acceptance of the changes.

OUR CANNABIS WEBSITE DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY LICENSED HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE, AND THE STUDY DOES NOT PROVIDE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, CARE, DIAGNOSIS, OR TREATMENT.

Acceptance of Use and Terms of Use

Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis through your participation in The Study, you will not hold The Study or any of its partners liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the cannabis laws in the state in which you reside.

The Study does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise.

In order to gain access to and to use the Cannabis Site, you must demonstrate to the satisfaction of The Study that you currently reside in a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments[2] to consume cannabis for medical use (“Medical Cannabis State(s)”). Only a valid, state-issued, non-expired identification card or driver’s license (collectively “Identification”) shall be sufficient to demonstrate state residency.

Upon demonstration of residency in a Medical Cannabis State through submission to The Study of your Identification, The Study shall coordinate your initial communication with a Licensed Health Care Provider of your choice who also practices in your Medical Cannabis State of residency. You shall not have any access through The Study to any Licensed Health Care Provider who does not also practice in the same Medical Cannabis State of which you are a resident. Upon acceptance of this Agreement, you represent and warrant that you understand that there exists a conflict between federal and state law, and, as such, federal regulators may view any action by Licensed Health Care Providers to recommend cannabis to you for your medical use as unlawful under federal law.

Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. It is in the sole discretion of your Licensed Health Care Provider, through its bona fide Health Care Provider to patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis State, to determine whether cannabis would be effective as a treatment for your condition(s) (“Patient Recommendation”). Neither The Study nor its Licensed Health Care Providers make any warranties or guaranties that the use of medical cannabis would be an effective treatment for your medical conditions.

Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments to justify Patient Recommendation, you bear the sole responsibility of obtaining cannabis for your medical use within the Medical Cannabis State in which you reside. At no time shall you provide cash or any form of remuneration to either The Study or to your Licensed Health Care Provider specifically or solely for making a Patient Recommendation on your behalf or in exchange for the same; while certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of a Patient Recommendation of any kind and all such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider.

Our Medical Cannabis Site is intended for use only by persons who are at least eighteen (18) years of age; Licensed Health Care Providers will not make Patient Recommendations on behalf of any individual using the Site who is under the age of 18. The Study does not seek through this website to gather personal information from or about persons under the age of 18.

Availability

The Study Medical Referral Services are only made available to Qualifying Patients that reside in Medical Cannabis States. The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment (such as chemotherapy or radiotherapy) as dictated by applicable state laws and regulations in the Medical Cannabis States and by state of residence and licensure of the Qualifying Patient and Licensed Health Care Provider, with specific emphasis on providing Qualifying Patients’ information to enable them to make a selection of the appropriate Licensed Health Care Providers and corresponding medical services, and the tools to plan for services, engage remotely (as permitted in a given Medical Cannabis State), and coordinate such care, if necessary. The Study services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.

Your Relationship with The Study

The Study provides a platform for you explore cannabis. The Study is not a replacement for your doctor, and we encourage you to engage with your doctor in a conversation about your health. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care Provider, whom you select in your sole discretion. You are not entering into a doctor- patient relationship with The Study and you understand and acknowledge that The Study is neither a Licensed Health Care Provider nor a provider of cannabis for medical use.

Privacy Policy

The Study understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information. In tandem with The Study’s Privacy Policy, by entering into this Agreement you represent and warrant that you understand that certain health care records pertaining to any Patient Recommendation made on your behalf by your Licensed Health Care Provider may be subject to mandatory disclosure and production to relevant government authorities by either The Study or its Licensed Health Care Providers under the applicable and governing laws and regulations of your Medical Cannabis State. Specifically, by entering into this Agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a serious medical condition or are undergoing certain medical treatments for which the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and production either The Study or its Licensed Health Care Providers to relevant government authorities under the applicable and governing laws and regulations of your Medical Cannabis State.

SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND THE STUDY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE STUDY SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE MEDICAL CANNABIS SITE. THE USE OF THE SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE PROVIDERS IS PROHIBITED.

Credit Transactions

As part of the services on the Site, The Study facilitates your payment of certain fees to Licensed Health Care Providers and, with the exception of cannabis in any form whatsoever, may also offer The Study products and services for your purchase from time to time through the Site, however, the only accepted form of payment on the Site is by certain major credit cards; cash will not be accepted. When you pay by credit card, you hereby authorize The Study to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or The Study is otherwise unable to debit the applicable amounts from your credit card, The Study shall provide notice to you, whereupon you shall immediately furnish The Study with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.

Ownership of Information Submitted via the Site

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) or other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”), any information you transmit to The Study via the Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of The Study.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Study shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to The Study via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

We may update these Terms of Use, at our sole discretion, from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through The Study Sites [the “Last Updated” above indicates the last time these Terms of Use were updated]. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the Site after we post any changes, you accept the updated Terms of Use.

Entire Agreement

These Cannabis Terms of Use, the Master Terms of Use, the Privacy Policy and other policies The Study may post on the Site or that you and The Study may execute constitute the entire agreement between The Study and you in connection with your use of the Site and supersedes any prior agreements between The Study and you regarding use of the Site, including prior versions of these Terms of Use.

[1] Qualifying Patients are those individuals who demonstrate to the satisfaction of a licensed physician, doctor of osteopathy, or licensed health care provider (collectively “Licensed Health Care Provider”) that they suffer from the requisite debilitating conditions or are undergoing certain qualifying medical treatments (such as chemotherapy or radiotherapy) 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 Qualifying Patient resides and their Licensed Health Care Provider practices, which state also legalized, decriminalized, and/or allows for the possession and consumption of cannabis for medical use by qualifying patients.

[2] Qualifying Patient “debilitating conditions” and “medical treatments” are defined and governed by various state laws and regulations in each Medical Cannabis State.

[3] Medical Cannabis States maintain varying laws and regulations governing a Licensed Health Care Provider’s ability to recommend cannabis for medical use to an individual under the age of 18 (“minor”). If you are a minor, your parent or legal guardian is responsible for fully understanding and complying with those laws and regulations regarding Patient Recommendations for minors in your Medical Cannabis State of residence.