End-User License Agreement (“Agreement”)
Last updated: January 23, 2023
Please read this End-User License Agreement carefully before clicking the “I
Agree” button, downloading or using the D2+Downtown application.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
* Application means the software program provided by the Company downloaded
by You through an Application Store’s account to a Device, named D2+Downtown
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) by which the Application has been downloaded to your Device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to The Downtown & D2 Dispensaries, 221 E 6th St Suite 105, Tucson, AZ 85705.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Country refers to: Arizona, United States
* Device means any device that can access the Application such as a
computer, a cell phone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded
through the Application Store with other family members by allowing them
to view and download each others’ eligible Applications to their
* Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
* You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
By clicking the “I Agree” button, downloading or using the Application, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the
Application Store. Therefore, the Company is solely responsible for the
Application and its content. Although the Application Store is not a party to
this Agreement, it has the right to enforce it against You as a third party
beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for
example, Family Sharing / Family Group or volume purchasing, the use of the
Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as
permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Application available to any third party.
* Copy or use the Application for any purpose other than as permitted under
the above section ‘License’.
* Modify, make derivative works of, disassemble, decrypt, reverse compile or
reverse engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Company or its affiliates, partners,
suppliers or the licensors of the Application.
The Company is not responsible for the entries, information or content of the
Application’s users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
* Spam, machine generated content or randomly generated content,
constituting unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or
* Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Agreement, refuse or remove any Content. The Company further
reserves the right to make formatting and edits and change the manner any
Content. The Company can also limit or revoke the use of the Application if
You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties
on the Application, you agree to use the Application at your own risk. You
understand that by using the Application You may be exposed to content that
You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
The Application, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to
any third party claim arising out of or relating to the Application. To the
extend the Company is required to provide indemnification by applicable law,
the Company, not the Application Store, shall be solely responsible for the
investigation, defense, settlement and discharge of any claim that the
Application or your use of it infringes any third party intellectual property
Any feedback, comments, ideas, improvements or suggestions provided by You to
the Company with respect to the Application shall remain the sole and
exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any
compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Application or any service to which it connects, with or
without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug
fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the
Application. You agree that the Company has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i)
deemed to constitute an integral part of the Application, and (ii) subject to
the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and
use of the Application. To the extent that any maintenance or support is
required by applicable law, the Company, not the Application Store, shall be
obligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content
(including data, information, applications and other products services) or
provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any
Third-party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect
thereof. The Company does not assume and shall not have any liability or
responsibility to You or any other person or entity for any Third-party
You must comply with applicable Third parties’ Terms of agreement when using
the Application. Third-party Services and links thereto are provided solely as
a convenience to You and You access and use them entirely at your own risk and
subject to such third parties’ Terms and conditions.
The Company collects, stores, maintains, and shares information about You in
By accepting this Agreement, You acknowledge that You hereby agree and consent
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the Application
and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application
and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or
remedies at law or in equity in case of breach by You (during the term of this
Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any)
harmless from any claim or demand, including reasonable attorneys’ fees, due
to or arising out of your: (a) use of the Application; (b) violation of this
Agreement or any law or regulation; or (c) violation of any right of a third
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf
of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that
the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Agreement and
your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application or 100 USD
if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection
with any provision of this Agreement), even if the Company or any supplier has
been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You.
You expressly understand and agree that the Application Store, its
subsidiaries and affiliates, and its licensors shall not be liable to You
under any theory of liability for any direct, indirect, incidental, special
consequential or exemplary damages that may be incurred by You, including any
loss of data, whether or not the Application Store or its representatives have
been advised of or should have been aware of the possibility of any such
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
The Company does not make any warranties concerning the Application. To the
extent You have any claim arising from or relating to your use of the
Application, the Company, not the Application Store, is responsible for
addressing any such claims, which may include, but not limited to: (i) any
product liability claims; (ii) any claim that the Application fails to conform
to any applicable legal or regulatory requirement; and (iii) any claim arising
under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace
this Agreement at any time. If a revision is material we will provide at least
30 days’ notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern
this Agreement and your use of the Application. Your use of the Application
may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company
regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use
or purchase other Company’s services, which the Company will provide to You at
the time of such use or purchase.
If you have any questions about this Agreement, You can Contact Us Here