Cannabis Support Line Terms and Conditions

These terms and conditions are in addition to the terms and conditions listed at https://app.nuggmd.com/md/terms 

By accessing or using NuggMD's Cannabis Support Line/Too High Hotline (hereafter Support Line), you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Support Line or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Support Line.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

The Support Line is not a medical service or mental health service. We offer to provide peer counseling to cannabis users only. We neither provide nor intend to provide medical advice or triage care. It is the sole responsibility of the caller to seek medical advice if necessary.

1. The Support Line is provided for your personal and noncommercial use. These Terms of Use, together with any documents and licenses expressly incorporated (collectively these "Terms") govern your access to and use of the Support Line. By using this Support Line, you agree with these Terms. If you do not agree to these Terms, do not use the Support Line. You will still be bound by the Terms as they existed when you last used Support Line.  We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. 

2. These Terms are subject to occasional revision, and if we make any substantial changes, we may post notice of the changes on this page. Continued use of Support Line following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

3. THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY. 

Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Support Line and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of Support Line that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Support Line, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Support Line should be sent to: 13428 Maxella Ave, Ste 641, Marina del Rey, CA 90292. After the Notice is received, you and Support Line may attempt to resolve the claim or dispute informally. If you and Support Line do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Support Line made to you prior to the initiation of arbitration, Support Line will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or Support Line pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Support Line, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Support Line.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Support Line in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SUPPORT LINE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(I) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Support Line.

(m) Small Claims Court. Notwithstanding the foregoing, either you or Support Line may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose

4. DISCLAIMER; LIMITATION OF LIABILITY (PLEASE READ CAREFULLY).

THIS SUPPORT LINE IS NOT A SUBSTITUTION FOR MEDICAL OR EMERGENCY SERVICES, IF YOU THINK YOU OR SOMEONE WITH YOU IS EXPERIENCING A MEDICAL OR PSYCHIATRIC EMERGENCY PLEASE CALL 911.

SUPPORT LINE AND THIS SITE DO NOT PROVIDE MEDICAL CARE, MEDICAL ASSESSMENTS, PSYCHOTHERAPY, OR ANY OTHER TYPE OF PROFESSIONAL SERVICE. IF YOU NEED NON-EMERGENCY MEDICAL CARE OR ASSISTANCE, PLEASE CONTACT A DOCTOR OR OTHER MEDICAL PROFESSIONAL. IF YOU ARE SEEKING PSYCHOTHERAPY OR ANY OTHER PROFESSIONAL MENTAL HEALTH SERVICE, PLEASE CONTACT A PSYCHOLOGIST OR OTHER MENTAL HEALTH PROFESSIONAL.

Limitation of Liability.  We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same.  Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss limited to the amount you paid to access and use Support Line.  For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.

5. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Support Line. We may suspend or terminate your rights to use Support Line at any time for any reason at our sole discretion, including for any use of Support Line in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use Support Line will terminate immediately. Support Line will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 10 inclusive.

6. Indemnification. You agree to indemnify and hold Support Line (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of Support Line, (b) your violation of these Terms, (c) or your violation of applicable laws or regulations. Support Line reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Support Line. Support Line will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Force Majeure.  We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

8. Severability.  If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

9. Information or Complaints. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

10. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Support Line. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Support Line is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Support Line’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Support Line may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on this Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:

LFG Enterprises Inc. d/b/a NuggMD
10573 W Pico Blvd #62
Los Angeles, CA 90064
Email: legal@nuggmd.com

Date updated: April 17, 2023