Last Updated: These Terms of Service were last updated on January 3rd, 2017.
These Terms of Service (“Terms of Service”) of Corsica Innovations, Inc. (“Corsica” or “us” or “we”) govern your use of our website, www.getleaf.co (“Website”), and mobile application (the “App”). For policies related to your order and/or purchase (“Purchase Terms”) of the Leaf Cultivation System (“Leaf”), please visit the Website at www.getleaf.co. By accessing or using the Website or the App, you expressly accept all of the provisions of these Terms of Service and represent to us that you are at least twenty-one (21) years of age and are legally competent to enter into and agree to these Terms of Service. If you do not accept these Terms of Service, then you are not authorized to use the Website or the App.
THESE TERMS OF SERVICE INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE OR THE APP.
THESE PURCHASE TERMS WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE AGREEMENT. YOU HAVE NO OBLIGATION TO ORDER LEAF, USE THE WEBSITE OR THE APP OR SIGN THESE TERMS OF SERVICE, BUT YOU ARE DOING SO VOLUNTARILY. YOUR ORDER OF LEAF, USE OF THE WEBSITE AND THE APP IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, AND YOU WILL NOT ORDER LEAF, USE THE WEBSITE OR THE APP UNLESS AND UNTIL YOU HAVE ACCEPTED THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE TERMS AND THESE TERMS OF SERVICE.
1.1 What Corsica Does. Corsica distributes Leaf, a unique system designed for customers to cultivate herbs, fruits, vegetables and other agricultural products at home. Leaf is integrated with our App that monitors and automates the cultivation of your preferred strain of herbs, favorite fruits and vegetables and other agricultural products. Some Herbs are considered a schedule I controlled substance under the United States Controlled Substances Act, 21 USC § 801, et seq., and, therefore, the possession, cultivation and distribution thereof is federally illegal and can result in significant criminal and civil penalties. Any herbs you choose to use or cultivate with or without Leaf is at your own risk.
1.2 State Law. You may only place an order to purchase Leaf, use the Website and download the App in accordance with the laws of the jurisdiction in which you will use Leaf, the Website and the App. At all times, your use of Leaf or the App will be governed by the laws of the jurisdiction in which you use Leaf, the Website or the App. We reserve the right to reject your requested order of Leaf for any reason, including, but not limited to our determination that use of Leaf, the Website or the App is not permitted under the laws of your jurisdiction.
1.3 Federal Law. Although many states have legalized some form of herbs, the cultivation, manufacture, distribution and possession of herbs and assisting with or conspiring to do the same remains illegal under United States federal law, and Corsica has made no representation to the contrary. It is your responsibility to ensure compliance with the laws of the jurisdiction in which you use Leaf, the Website or the App. Corsica has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of Leaf, the Website or the App. It is federally illegal to take or transfer across state or international borders any federally illegal substance. Additionally, it is unlawful to transfer Leaf across state or international borders.
1.4 Assumption of Risk. I assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with my use of Leaf, the Website or the App. I accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with my use of Leaf, the Website or the App. I retain sole responsibility for ensuring my actions are compliant with applicable laws. I waive all claims against Corsica, its owners, officers, employees, successors, agents and assigns, arising out of any activities I choose to undertake. I fully comprehend and accept all of the risks associated with my use of Leaf, the Website and the App.
2.1 App Required to Use Leaf. Although you are not required to order, purchase or own Leaf to use the Website or download or use the App, you must download the App in order to use Leaf. The App operates and controls the varied input and climate settings of Leaf and Leaf will not work without the App. Regardless of whether you order, purchase, own or use Leaf, these Terms of Service govern your use of Leaf, the Website and the App, in addition to any Purchase Terms applicable to you.
2.2 Age and Account Requirements. To order Leaf, access the Website or download or use the App, you must be at least twenty-one (21) years of age. You must create an “Account” to use the App, which requires you to provide certain information, including, but not limited to, your name, date of birth and email address. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and phone number, and any other information we may reasonably require.
2.3 Account Activities. You are the sole authorized user of your Account, and you are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your Account. Corsica has no control over the use of your or any other user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing firstname.lastname@example.org.
3.1 License Grant. Subject to your compliance with these Terms of Service, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to download, install, access and use Website and the App solely on devices that you own or control, for your personal use only, and subject to the limitations set forth below. These Terms of Service are limited to the intellectual property rights of Corsica and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Service. The limited rights granted to you to access and use the Website and the App comprises a limited license and does not constitute the sale of any software program.
3.2 Fees. Corsica does not currently charge end users any fees for use of the Website or the App, though we reserve the right to do so in the future if permitted by applicable state law. Corsica will notify users prior to charging any fees for use of the Website or the App.
3.3 Use Restrictions.
(a) You agree that: (1) you will not use Leaf, the Website or the App if you are not fully able and legally competent to agree to these Terms of Service; (2) you will only use the App in full compliance with the laws and regulations of the jurisdiction in which you use Leaf, the Website or the App and all applicable federal laws, excepting only for federal laws and regulations related to herbs, in which case you will use the App in accordance with guidance then issued by the United States Department of Justice (collectively “Law”); (3) you will not use Leaf, the Website or the App for sending or storing any material prohibited by the Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (4) you will not use Leaf, the Website or the App to advertise, solicit or transmit commercial advertisements, including “spam”; (5) you will not use Leaf, the Website or the App to cause nuisance, annoyance or inconvenience; (6) you will keep secure and confidential your account password or any identification we provide you which allows access to Leaf, the Website or the App; and (7) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.
(b) Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit Leaf, the Website or the App in any unauthorized manner; (2) use Leaf, the Website or the App in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify Leaf, the Website, the App, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from Leaf, the Website or the App; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in Leaf, the Website or the App; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of Leaf, the Website, the App, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of Leaf, the Website or the App; (8) otherwise circumvent any functionality that controls access to or otherwise protects Leaf, the Website or the App; or (9) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Corsica and its licensors. If you breach these restrictions, your limited license granted herein shall immediately terminate and you may be subject to prosecution and damages.
3.4 Ownership. 1.1 Leaf, the Website or the App and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Corsica and/or its licensors own all right, title and interest in and to the Website and the App (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto), and that Corsica owns all intellectual property associated with Leaf despite your ownership and possession of the Leaf itself, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Corsica’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Purchase. Any and all: (1) suggestions for correction, change and modification to Leaf, the Website or the App and other feedback (including, but not limited to, quotations of written or oral feedback), information and reports your provide to Corsica (collectively “Feedback”); and all (2) improvements, updates, modifications or enhancements, whether made, created or developed by Corsica or otherwise relating to Leaf, the Website or the App (collectively, “Revisions”), are and will remain the property of Corsica. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Website or the App, or any of the intellectual property rights associated with Leaf, or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Corsica and Corsica may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Corsica any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Corsica’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
3.6 Notice of Infringement; Digital Millennium Copyright Act.
(a) Anyone who believes that his or her work has been reproduced on the Website or the App in a manner which constitutes copyright infringement may submit a notification to Corsica’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (1) identification of the copyrighted work that is claimed to be infringed; (2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website or the App; (3) information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; (4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
(b) Notices of copyright infringement claims should be sent by mail to: Corsica Innovations Inc., Attn: Jonathan Ofir, Yad Harutzim 7, Tel Aviv, Israel; or by email to email@example.com. We will respond expeditiously to claims of copyright infringement using the email or the App that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) If you believe that any of Your Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent: (1) your physical or electronic signature (with your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
(d) If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
(e) (a) Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
4.2 Mobile Software from Google Play Store. If you acquire the App from Google, Inc. or one of its affiliates ( “Google” ) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms” ), and the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. Corsica and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Corsica or you (or any other user) under these Terms of Service or the Google Play Terms.
5.1 Warranty Disclaimer. THE WEBSITE AND THE APP ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CORSICA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CORSICA DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE APP WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE OR THE APP WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (3) THE WEBSITE OR THE APP WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE OR THE APP CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND THE APP, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.
5.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CORSICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE WEBSITE OR THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CORSICA’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE REGARDING USE OR INABILITY TO USE THE WEBSITE OR THE APP, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (1) THE AMOUNTS, IF ANY, YOU PAY TO CORSICA UNDER THESE TERMS OF SERVICE FOR USE OF THE WEBSITE OR THE APP; OR (II) FIVE DOLLARS ($5.00). BY ACCESSING THE WEBSITE OR THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
5.3 Indemnity. By agreeing to these Terms of Service and using Leaf, the Website or the App, you agree that you shall defend, indemnify and hold Corsica, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these Terms of Service or any applicable law or regulation; (2) your violation of any rights of any third party; (3) any unauthorized use of Leaf, the Website or the App; (4) your negligence or willful misconduct; or (4) your use of Leaf, the Website and the App.
6.1 Binding Arbitration. Any dispute or claim arising in any way from your use of Leaf, the Website or the App, except for disputes relating to the infringement of our intellectual property rights or the access or use of Leaf, the Website or the App in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court.
6.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
6.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
6.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: Yad Harutzim 7, Tel Aviv, Israel. Corsica will send any notice of dispute to you at the contact information we have for you.
6.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
6.6 Fees. 1.1 If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Corsica will pay all other AAA and arbitrator’s fees and expenses.
6.7 Individual Basis. To the fullest extent permitted by applicable law, you and Corsica each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Corsica each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
6.8 Limitation Period. In no event shall any claim, action or proceeding by you or Corsica be instituted more than one (1) year after the cause of action arose.
6.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
6.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Corsica each agree to the exclusive jurisdiction of a State court of competent jurisdiction located in Denver, Colorado, and you and Corsica each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
6.11 Opting Out. If you do not want to arbitrate disputes with Corsica and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use Leaf, the Website or the App.
7.1 Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Website and the App, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, the Website or the App (or any part of the foregoing) with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Website or the App under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Corsica or you. Termination will not limit any of Corsica’s other rights or remedies at law or in equity.
7.2 Injunctive Relief.You agree that a breach of these Terms of Service will cause irreparable injury to Corsica for which monetary damages would not be an adequate remedy and Corsica shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
7.3 Notices. We may give notice to you by means of a general notice on the Website, the App, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to email@example.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
7.4 Miscellaneous. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of Corsica or pursuant to Section 7.5 of these Terms of Service. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by Corsica but may not be assigned by you without the prior express written consent of Corsica. Any attempt by you to assign these Terms of Service without the written consent of Corsica shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. You and Corsica agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Service. The laws of the State of Colorado, excluding any conflicts and choice of law rules, exclusively govern these Terms of Service and your use of Leaf, the Website and the App. Your use of Leaf, the Website and the App may also be subject to other local, state, national, or international laws.
7.5 Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service on the App and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Website or the App after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service. However, provisions of the Purchase Terms at the time of your order of Leaf shall apply with respect to Leaf itself.
7.6 Contact Us. If you have any questions regarding these Terms of Service, Leaf, the Website or the App please contact us at firstname.lastname@example.org.