1 day ago
Five years after Oregon legalized recreational marijuana, its lawmakers now are trying to rein in production, fearing the state’s big weed surplus will tempt some licensed businesses to sell their products out of state or on the illegal market. Such diversions could invite a crackdown from the federal government and cast a pall over the legal pot industry. Last year, the U.S. attorney for the District of Oregon put the state on notice when he announced that curbing interstate trafficking was his top cannabis law enforcement priority. Licensed growers have spent thousands of dollars on compliance and don’t want to risk their businesses by selling illegally, said Michael Getlin, founder of a 15,000-square-foot cannabis farm in Oregon City. “The flip side of that is, I get cold calls all the time from people out of state looking to go shopping,” he said — often offering two or three times market price in Oregon. Oregon’s surplus, though legal, is something of a cautionary tale for other states as they try to manage marijuana supply and demand. Enough recreational cannabis sat on dispensary shelves, in warehouses and in processing plants this January to satisfy buyers for more than six years, according to a report from the Oregon Liquor Control Commission, the state agency that regulates recreational marijuana. Like California, Oregon has a long history of illegal grows. And while some states, such as Colorado and Washington, limit the production licenses people can hold and the number of plants businesses can grow, Oregon has made it easy for people to harvest a lot of weed. “They underestimated the number of people that would be willing to convert to the legal market or would want to participate in the legal market,” said Beau Whitney, vice president and senior economist for New Frontier Data, a company based in Washington, D.C., that studies the cannabis industry. To address the pot glut, Oregon this year enacted legislation that allows the regulators to stop issuing new production licenses when supply exceeds demand. The state also approved a measure that, with federal approval, would allow growers to sell their cannabis out of state. Congressional bills that would legalize marijuana sales at the federal level have so far been unsuccessful. But two Democrats who represent Oregon in Congress, Sen. Ron Wyden and Rep. Earl Blumenauer, last month proposed legislation that would allow for interstate commerce between states with legal cannabis programs. Oregon marijuana growers appear to have planted less cannabis this year and prices have ticked up, a sign that the market is correcting, said Adam Smith, founder and director of the Craft Cannabis Alliance, a nonprofit trade group based in Oregon. Still, Smith said, “the fix is open markets.” His group pushed for the Oregon interstate commerce bill and plans to lobby for similar legislation in California and beyond. Production Control The Oregon cannabis glut has raised eyebrows among experts who study marijuana markets. “The biggest policy lesson you can take from this is: understand the existing cannabis market,” said Adam Orens, co-founder of the Marijuana Policy Group, a consulting outfit based in Denver. His group helps states create an initial estimate of marijuana demand by looking at federal drug use surveys and conducting new surveys of state residents. Once legal sales are up and running, he said, plant tracking systems can help regulators follow market dynamics. Many states limited marijuana production from the get-go. Washington state, for instance, issued production licenses only during a 30-day period in 2013 and allowed producers to license no more than three businesses each. Marijuana prices have been dropping in recent years in Washington. But people in the industry disagree over whether that means there’s an oversupply problem and how to address it, said Brian Smith, communications director for the Washington State Liquor and Cannabis Board. “We’re in a different boat than Oregon is,” he said. The regulatory agency hasn’t completed a supply and demand study yet, but it found in a recent report that most marijuana producers in Washington are planting in less than the total amount of space allowed under their licenses. Colorado’s Department of Revenue issues production licenses in five tiers, from up to 1,800 plants to up to 13,800 plants. All cultivation licenses begin at the first tier. To move up a tier, growers must prove that they sold 85% of the crop they grew in the previous six months. If cultivators can’t transfer enough product, officials may knock their license down to a lower tier, according to Shannon Gray, marijuana communications specialist for the Revenue Department. In 2017, licensed growers in Colorado produced about 13% more marijuana than was sold that year, according to a report prepared for the Revenue Department by the Marijuana Policy Group and the Leeds School of Business at the University of Colorado, Boulder. The report shows supply and demand are “effectively in equilibrium,” Gray said in an email. Statewide production limits help keep supply and demand aligned, Orens said, as do local cultivation and sale limits and Colorado’s initial requirement that each company control production, processing and sales. “It’s not one specific thing, it’s all these things together,” he said. Whitney at New Frontier Data said the decline in the price of retail marijuana comes not from oversupply but competition among businesses. ‘The Emerald Region’ Oregon regulators’ efforts to create a legal marijuana industry have been complicated by the long history of illegal grows in the area. The Craft Cannabis Alliance’s Smith calls Southern Oregon and Northern California “the emerald region,” where long, dry growing seasons and cool nights create a perfect climate for growing marijuana outdoors. Prior to legalization, some illegal pot grown in Oregon was trafficked out of state, he said. After Oregonians voted to allow marijuana sales in 2014, policymakers focused on bringing illegal businesses into the legal system, which is constrained by state borders. “When the system was getting set up in Oregon — it wasn’t really launching a brand new market, it was transitioning an underground, unregulated market into an above-ground, regulated one,” said TJ Sheehy, a data analyst for the Oregon Liquor Control Commission’s marijuana program. To encourage illegal businesses to transition, Oregon policymakers at first didn’t set a cap on licenses. Fees are low — starting at $1,000 for a 2,500-square-foot outdoor grow or a 625-square-foot indoor grow — and since 2016, aspiring marijuana magnates haven’t needed to live in the state to get a business license. “If you want a license of a certain size, you can have it,” Sheehy said. “So it’s up to you to decide what makes market sense.” The Oregon commission has licensed 1,136 recreational growers. Recreational growers aren’t the only suppliers in the state. Only about half the marijuana Oregon adults consume is bought from licensed recreational dispensaries, with the remainder supplied by medical growers, home growers and the illegal market, Sheehy said. He said there’s no evidence that a lot of recreational legal marijuana is going out of state, though some businesses may be breaking the law to juice sales, such as by inflating their pot potency results. A lot of the excess cannabis will be composted if producers can’t find buyers, Sheehy said. The overproduction of marijuana in Oregon and illegal export of surplus product remains an important concern for the U.S. Attorney’s Office, said Kevin Sonoff, its public affairs officer, in an email. Since last May, he added, the office has focused more on this issue — especially in Southern Oregon — and marijuana-related investigations, arrests and convictions have increased. Prices for marijuana flower crashed in late 2017, sending many growers out of business. “At pretty much the drop of a hat, prices dropped by 50%,” said Michael Johnson, chief operating officer of Siskiyou Sungrown, an 80,000-square-foot outdoor grow in Southern Oregon. “We ended up extracting a lot of that inventory, rather than selling it as smokable flower.” The emergency legislation that Democratic Gov. Kate Brown signed into law his year allows Oregon regulators to stop issuing producer licenses when supply exceeds demand. The commission had paused processing of applications in 2018 because their workload exceeded staff capacity, said Mark Pettinger, the recreational marijuana spokesman for the Oregon Liquor Control Commission. The new legislation allowed the agency to extend its moratorium through 2021. Legislators also laid the groundwork for interstate marijuana trade with a law allowing the governor to sign marijuana delivery agreements with other governors, once given the go-ahead from the federal government. Oregon state Sen. Floyd Prozanski, a Democrat who sponsored the interstate commerce bill, floated similar legislation two years ago but it didn’t pass the Senate. This time around, he said concern about overproduction helped propel his bill to the governor’s desk. Given Oregon’s climate and history of marijuana production, pot could be the state’s next signature export, Prozanski said. “I see cannabis to Oregon as Kentucky sees bourbon.” People close to the marijuana industry say that Oregon’s oversupply problem may have peaked last year. “People went bankrupt,” said Don Morse, former chairman of the Oregon Cannabis Business Council, a trade group. “And the market settles itself out.” “My farmer clients tell me that prices are going up, and same with my dispensary clients,” said Amy Margolis, a lawyer based in Portland who specializes in the cannabis industry. Switching to Hemp Now Oregon is experiencing a different cannabis gold rush: Morse said that many former marijuana business people — himself included — have gotten out of the saturated pot market and switched to growing hemp, a type of cannabis that is legal nationwide and cannot produce a high. Two years ago, before Congress in 2018 legalized hemp production and commercial sales, officials at the Oregon Department of Agriculture gave 246 farmers permission to plant some 3,300 acres of hemp. This year, they gave eight times as many farmers permission to plant some 53,000 acres. Many growers aim to harvest hemp for cannabidiol, or CBD, a trendy extract with alleged health benefits. The agency doesn’t track how many former marijuana growers are now growing hemp, according to Sunny Summers, the cannabis policy coordinator at the Department of Agriculture. Hemp CBD is so new that analysts have yet to agree on its actual market size. But like many farmers, Morse is optimistic. His company next year will seed 1,100 acres of hemp in Oregon and California, after growing less than 10 acres this year. “People say, ‘Well you’re going to experience an oversupply of hemp.’ And maybe, maybe not, because you can ship over state lines,” he said. “And you can compete in the national market.”
1 day ago
FDA officials say they will rush the release of federal CBD rules and regulations, potentially by the end of summer or early fall. The Food and Drug Administration plans on expediting CBD rules and regulations, potentially by the end of summer or early fall, according to Dr. Amy Abernathy, the principal deputy commissioner and acting chief information officer. “We are enthusiastic about research into the therapeutic benefits of CBD products but also need to balance safety. To understand the breadth of issues and gather data on safety we have conducted a public hearing, reviewed the medical literature, and have an open public docket.” – Abernathy, via Twitter Abernathy notes that the agency heard testimony from more than 100 speakers at the May 31 public hearing on CBD policy and the public docket on the issue has more than 3,400 comments. The previous update provided by the agency last month offered no insight into the FDA’s plans to regulate the cannabinoid but said they would apply a “rigorous and science-based approach” in crafting the rules and regulations. The authors – Abernathy and Lowell Schiller, principal associate commissioner for policy – did express concern that “widespread availability in products like foods or dietary supplements could reduce commercial incentives to study CBD for potential drug uses.” The FDA approved GW Pharmaceuticals’ CBD-based medicine Epidiolex last year. During the May hearing, a representative from Greenwich Biosciences testified that at least one study found that CBD is potentially toxic to the liver; however, in that study, mice were given doses that far exceed any reasonable amount – the human equivalent of 42,050 milligrams, according to the CED foundation. The public comment period on CBD closes today.
1 day ago
Curaleaf Holdings Inc. will acquire GR Companies Inc. in an $875 million cash and stock deal; the sale will create the largest cannabis company in the world by revenue, the company announced. Curaleaf Holdings Inc. has agreed to acquire GR Companies Inc., better known as Grassroots, in an $875 million cash and stock deal, the company announced on Wednesday. According to the firm, once the deal is finalized, Curaleaf will become the world’s largest cannabis company by revenue and the largest in the U.S. “across key operating metrics.” Throughout the Midwest, Grassroots possess 61 dispensary licenses – 20 are currently operating – and 17 cultivation and processing licenses. The combined company will hold 131 dispensary licenses, 68 operational locations, 20 cultivation sites, and 26 processing facilities. The deal gives Curaleaf its first presence in Illinois – which legalized cannabis for adult use last month – Pennsylvania, Arkansas, Michigan, North Dakota, Oklahoma, and Vermont. Joseph Lusardi, CEO of Curaleag said the deal “significantly accelerates” the company’s “expansion strategy and … reach across the medical and adult-use markets.” “In addition, it enhances the depth of our retail and wholesale platform across the country. By leveraging our scale, as well as our market leading capabilities and expertise, we will continue to deliver value for our shareholders.” – Lusardi, in a statement Under the terms of the deal, Curaleaf will pay $75 million in cash, 102.8 million subordinate shares of Curaleaf, and $40 million in Curaleaf shares priced at the 10-day volume-weighted average price prior to the transaction’s closing. Mitch Kahn, co-founder and CEO of Grassroots, will join the combined company’s board. Grassroots co-founders Matt Darin and Steve Weisman will join Curaleaf’s senior management team. “This acquisition will enable us to give our patients and retail partners greater access to products that adhere to the highest standards of quality and reliability, and our employees the opportunity to be part of a best-in-class operator,” Kahn said in a statement. In May, Curaleaf announced an agreement to acquire Select brand parent company Cura Partners, Inc in an all-stock deal worth nearly $1 billion. Cura is based out of Portland, Oregon and its products are sold at more than 900 retailers in the U.S.
1 day ago
In a research letter published today in JAMA Pediatrics, a group of university economists found that cannabis use among youth has declined in states that adopted adult-use legalization. The researchers used 25 years of data from Youth Risk Behavior Surveys(YRBS), which are administered to all US high-school students every two years. The surveys, run by the federal Centers for Disease Control, track behaviors such as diet, exercise, sexual activity, and the use of alcohol, tobacco, and other drugs. Since 1991, the YRBS has collected data from more than 4.4 million high school students. The study was led by Montana State University economist D. Mark Anderson, with contributions from colleagues at the University of Oregon, the University of Colorado, and San Diego State University. Youth Use Down 8% By comparing medical marijuana states, legal adult-use states, and prohibition states, the economists found that medical legalization did not affect youth use of cannabis. But in adult-use states, the researchers found an 8% decrease in youth cannabis use and a 9% decrease in frequent youth cannabis use. In this context, “use” was defined as consuming cannabis once in the past 30 days; “frequent use” was defined as consuming 10 times in the past 30 days. “Consistent with the results of previous researchers, there was no evidence that the legalization of medical marijuana encourages marijuana use among youth,” wrote the authors. “Moreover, the estimates reported [by the Youth Risk Behavior Surveys] showed that marijuana use among youth may actually decline after legalization for recreational purposes.” Putting Weed Dealers Out of Business Anderson and colleagues posit that their findings were consistent with the argument that “it is more difficult for teenagers to obtain marijuana as drug dealers are replaced by licensed dispensaries that require proof of age.” Today’s published research letter is consistent with previous studies that found decreased youth cannabis use following the legalization of medical and adult-use marijuana. A 2014 report by the National Bureau of Economic Research stated: “Our results are not consistent with the hypothesis that legalization leads to increased use of marijuana by teenagers.” Youth Use Decreasing Since 2002 Federally funded surveys of teens, such as the Youth Risk survey, have found rates of youth cannabis use among minors aged 12 to 17 have decreased since 2002, the dawn of medical cannabis dispensaries in the United States. In California, independent survey data show cannabis use among seventh-grade students dropped 47% from 2013 to 2017—a time when hundreds of medical cannabis dispensaries were operating around the state.
3 days ago
We love CBD edibles. From chocolate and caramel, to salt and olive oil, it seems like almost anything can be made with CBD. While CBD treats are fun and delicious, they aren’t just a novelty. As a delivery method, edibles have a number of benefits. So go ahead- eat that chocolate. It’s good for you! Long-lasting absorption While tinctures or smokeables may have a more instant impact that comes quickly, but also leaves relatively quickly, edibles stay in your system longer for lasting relief. Edibles for breakfast anyone? Simple dosing Dosing for edibles is super easy- serving sizes have the grams of CBD attached to them, so unlike with a dropper or a puff, you have total control over how much you take, and it is easy to keep track. Easy to take Edibles are the easiest and most straightforward delivery method to take- you already know how to eat, don’t you? While some people may have difficulties taking pills, smoking, or holding a tincture under their tongue, consuming an edible is as simple as popping it in your mouth like you would with any other food. Less likely to cause adverse effects Edibles won’t harm your throat or lungs, and you won’t get any sort of topical reaction. Unless you are allergic to the food that is used for delivery, you are very unlikely to have adverse effects with edibles. Discrete and portable Edibles are convenient to take with you wherever you go. Bring them to work, to the family picnic, or to the gym. Not only is it easy to travel with edibles, which are usually very compact, but they look like any ordinary food, so if you don’t want to draw attention (or share your CBD!), no one will be the wiser.
5 days ago
When Illinois’ legislature voted to legalize cannabis, you thought it sounded like a cool idea. Then you realized … you’re actually not all that cool. In fact, your experience with how to gracefully navigate the world of cannabis might be limited to “don’t bogart that joint.” In the era of legalization, you’ve got a few things to learn. In spite of the range of goofy stereotypes that have long been attached to pot smokers, good manners are a surprisingly important part of cannabis culture, and they reach far beyond worrying about how to look cool while passing that joint. It might be time for a crash course in post-prohibition etiquette — luckily, Lizzie Post is here to help. Post, the great-great-granddaughter of Emily Post, America’s best-known arbiter of good manners, is the keeper of that well-behaved flame. She’s written book after book guiding us through modern etiquette, but her latest, “Higher Etiquette,” deals exclusively with socially acceptable behavior when it comes to weed. Post says it’s not as much of a departure as one might think: She has always been an enthusiastic fan of pot, is thrilled to see legalization taking hold (“I’m so happy for Illinois!”) and her approach to etiquette remains the same — modern manners are about establishing a baseline of respect for others, and working up from there. Understand the language As with any specialized culture, cannabis use has its own jargon. But because of its long history as an illegal substance, some of those terms are trip-wires when it comes to etiquette. Post points to the controversy around the word “marijuana,” for instance. A term that has been tied to racism when used by non-Hispanic cultures, it is offensive to many in the cannabis world, in spite of its use in the press and even in official documents such as Illinois’ new law. “There are a lot of words that are charged,” says Post. “Some people also find ‘stoner’ offensive, while other people are fine with it. That’s why it’s good to get the conversation out there.” Remember it’s not all recreational While a lot of the chatter around legalization has to do with recreational use, Post says it’s important not to forget that many people rely on it as an important part of their health care, which could include treatment for anxiety, cancer or other serious ailments. Recognizing that people come to cannabis for many different reasons is important when talking about it, she says, and “it’s a really dramatic shift from 100 years of ‘reefer madness’ programming and negative stereotyping.” Science will set you free Worried about how to say yes or no when pot is offered? An easy way to empower yourself, Post says, is by “brushing up on the science of the plant and how it affects you. My book is the only etiquette book with a big science section, but it was important to have it, because it’s hard for people to understand what they’re engaging with unless they really have some education about the science.” A little understanding gives you credibility as well as reassurance, she says. “It gives you so much power when you decide whether to say yes or no to your friend who’s offering you weed at their house.” Always ask Post is a fan of open conversations, and she says they’re a must when it comes to cannabis consumption. “When our state made it legal,” she says, “I asked my parents: ‘So, are you guys a 420-friendly household?’ ” She has asked the same of Airbnb hosts, and makes a point of checking in with friends about whether bringing weed to their homes is OK. “You should feel totally comfortable asking a host whether you can bring pot to their house, and whether it’s OK if you consume it on site. What you never want to do is to do it anyway when they have said no.” She also cautions that even if friends consume cannabis, they may not want it in their homes, especially if they have children. Make your own rules If you’re the host, saying no to cannabis in your space is always OK — just remember to do it politely and without judgment. “Every home, every person should have their own policy about what they are comfortable with,” says Post. And it’s not a bad idea to think about your preferences ahead of time, so that you’re ready with a graceful answer when someone asks. “Educating yourself on customs and culture is really important. Because that’s going to allow you to be comfortable with engaging or not engaging with the cannabis around you, depending on what your preference is.” Go public with caution Though cannabis will be legal in Illinois, “many people who would be comfortable having a drink with their boss would never think of lighting up a joint with colleagues,” Post says. Depending on your profession, you might still feel that cannabis use would be frowned upon, so you should feel comfortable reminding friends not to post photos of you around it on social media. If you’re tempted to ask someone how they feel about legalization or use, says Post, try “May I ask whether you’re interested in weed?” or “Would you mind me asking — are you excited about legalization?” “It gives the person the chance to say, ‘I don’t really want to discuss that right now,’” says Post. Please, don’t bogart that joint Relax, Post says, though there are lots of new social issues to contend with, your old cannabis knowledge is still solid. A classic puff-puff-pass technique is a fine standard for smokers, and it’s OK to be reminded (or to gently remind someone else) not to waste it. “A gentle nudge, ‘hey, don’t bogart that,’ is perfectly acceptable.” And remember, she adds, “It’s not really so much about being cool. The coolness is in the courtesy.”
5 days ago
A new hemp industry report from Headset indicates that the popularity of CBD products such as topicals, tinctures, and edibles is growing at a much faster rate than that of their THC-rich counterparts. According to a new report by Headset on the CBD industry, CBD products in legal cannabis markets have grown at a faster rather than their THC-rich counterparts. According to the report, sales of CBD topicals grew nearly 60 percent while high-THC topicals sales grew just 10 percent in legal markets. Headset found topicals drew the highest sales of non-inhalable CBD products in Colorado and Washington, followed by tinctures and sublinguals, edibles, capsules, and beverages. For CBD edibles, honey, sugar, and sweeteners represented 30 percent of sales, followed by mints (25.7 percent); gummies (21.5 percent); chocolates (17.7 percent); candy, lozenges, and gum (14.8 percent); cookies (11.2 percent); caramels, chews, and taffy (7.8 percent); cooking ingredients (7 percent); and other baked goods (2.3 percent). “So far in 2019, almost 50 percent” of all dollars spent on [cannabis] edibles were spent on gummies, which is by far the largest segment by total market share,” the report states. “Over 20 percent of that was spent toward CBD products.” The researchers note that while CBD is becoming more popular, they “don’t think it’s hit a plateau.” The report notes that a third of all non-inhalable product sales are CBD products. “While hemp-derived CBD has been available almost nationwide for awhile, it only recently hit traditional retail outlets. More consumer familiarity with the compound means more consumers who are comfortable with the idea of cannabis, and clearly some of CBD’s new mainstream audience is making its way into a dispensary.” — Headset’s Understanding the CBD Market in State-Legal Cannabis, June 2019 The report notes that the passage of the Farm Bill has quickened interest in sales at licensed cannabis retailers in legal states.
5 days ago
A court in Florida has ruled that the medical cannabis rules put in place by lawmakers created an “oligopoly” inconsistent with the constitutional amendment that a huge majority of voters approved in 2016. Florida’s 1st District Court of Appeals has ruled that the legislature-approved medical cannabis rules created an “oligopoly” and are inconsistent with the constitutional amendment approved by voters in 2016, the Orlando Sentinel reports. The regulations, passed during a special legislative session in 2017, required vertical integration – allowing a limited number of businesses to control all aspects of the medical cannabis supply chain. The case against the state was brought by Florigrown and last year Leon Circuit Court Judge Charles Dodson ruled in favor of the company, deciding that regulations approved by lawmakers improperly carried out the amendment. Florigrown CEO Adam Elend told the Sentinel the ruling is a “game-changer.” “It drops a bomb on the current licensing scheme. It’s just changing the whole regime. People are not getting medicine. The dispensaries are out of stock all the time. The products are limited, and the prices are high. That’s what happens in an oligopoly and that’s what we have.” – Elend, to the Sentinel Joe Redner, a Tampa strip-club operator and one of Florigrown’s owners, called the ruling a “good thing for the state of Florida.” “If the Legislature can create oligarchies in any field, it’s crony capitalism,” he said in the report. “They’re picking winners and losers. And that’s not fair. It’s not right. It’s not constitutional,” Redner had previously sued the state – and won – over the ban on patients growing their own medical cannabis. That case was appealed by the Health Department and is still working its way through the court system. In Tuesday’s decision, judges Scott Makar, James Wolf and T. Kent Wetherell wrote in the majority opinion that the legislature-approved rules “amend the constitutional definition of [medical marijuana treatment centers]” and force cannabusinesses to “conform to a more restricted definition” than the amendment approved by citizens. While the judges concluded that “it is in the public interest” for the Health Department to license non-vertically integrated cannabis operators “without applying unconstitutional statutory provisions” they are not requiring the agency to act immediately. In Florida, medical cannabis business licenses sell regularly for about $50 million. The decision will likely cause the prices of those licenses to drop as the Health Department complies with the court decision.
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YOU ASSUME ALL CRIMINAL AND CIVIL RISK RELATED TO ANY PROPOSED OR ACTUAL TRANSACTION CONDUCTED ON THE SITE. YOU ARE RESPONSIBLE FOR ENSURING THE LEGALITY OF ANY TRANSACTION CONDUCTED ON THE SITE.
2. Eligibility to Subscribe to Services. You may subscribe to the Services in any location or state in the United States where the sale or purchase of cannabis is legal and where we offer the Service ("Territory"). Bushl makes no promise, however, that the Sites or Services available on the Sites are appropriate or available for use outside Territory including from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by that state or locality, the United States State Department of Justice, or other U.S. government entity. If you choose to access the Sites from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to Services that you subscribe to on these Sites. We are not responsible for non-compliance with any applicable law or any resulting civil and criminal penalties.
3. Site Access License and Restrictions. Bushl grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites or their Content solely for their intended purpose. You are not allowed to modify all or any portion of the Sites and their Content. This license does not include any right to authorize third party use of the Sites or their contents; any collection and use of any Content, descriptions, any derivative use of the Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Bushl’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Bushl, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
4. Fees. During the term of this Agreement, you will pay Bushl the subscription fees, if any, specified on your Vendor Order Form and/ or Registration Form (the "Forms"), any upgrades to the subscription, and any other purchases of products and services through the Sites or Services (the "Fees") by Bushl. Bushl may modify the Fees upon any renewal of the Agreement. You will pay Bushl the Fees in U.S. funds monthly in advance via credit card or other mutually agreed process. If you fail to pay the Fees within 30 days of the due date, your credit card is rejected, or Bushl otherwise does not receive payment, Bushl may impose a late fee, suspend the Service, or both, in its discretion. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Bushl and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. The Forms are incorporated herein by reference, and the Forms shall be construed in accordance with and shall be governed by the Agreement including these Terms and Conditions.
6. Rewards Program. Any and all rewards programs offered by Bushl will be governed by the program’s Terms and Conditions. Currently, Bushl offers a Phantom Equity Rewards Program which is governed by the Terms and Conditions of Participation in the program. In the event that any provision of this Agreement conflicts with the Terms and Conditions of Participation of the program, this Agreement shall control.
7. Electronic Communications. When you visit or use the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from the Sites by following the instructions enclosed within those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with Bushl or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below.
8. Copyright and Ownership. All of the content (other than User Submissions) featured or displayed on the Sites or as part of the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Bushl, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Sites and the Services may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view and play copyrighted documents, audio and video found on our Sites solely for the purposes intended by Bushl. In no event will you be permitted to download or store any copyrighted documents, audio or video locally. Notwithstanding the foregoing, you will be permitted to print and save reports, agreements, and other documents made available to you from the Services from Bushl. Except with respect to Content submitted by you or as permitted by copyright law, you may not modify any of the materials on the Sites and you may not copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of Bushl or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.
In accessing the Sites and Services, you may post your own Content on our Sites, including photos and other information about your products and services, (your "User Submissions"), and in so doing you expressly grant us a non-exclusive, royalty-free, fully paid-up, worldwide, right to use, reproduce, modify, publish, translate, distribute, perform and display such Content as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology through the Sites, to promote and market the Sites and/or the User Submission on any platform or channel, and to make available the Content to other users of the Sites and Services, in perpetuity throughout the universe.
9. Trademarks/No Endorsement. All trademarks, service marks and trade names of Bushl or its licensors used herein (including but not limited to: Bushl name, Bushl corporate logo, the Sites name, the Sites design, and any logos) (collectively "Marks") are trademarks or registered trademarks of Bushl or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Bushl’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Bushl’s prior written consent. The use of Bushl’s trademarks on any other web site or network computer environment is not allowed. You shall not use Bushl’s name or any language, pictures or symbols which could, in Bushl’s judgment, imply Bushl’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
10. Transactional Partners. Bushl provides information about other company’s services and products within our Sites. If you engage with the other party, you are transacting directly with the other party. On those pages of our Sites, the transactional partner’s brand and name is clearly visible and their terms and conditions relating to their business.
11. Submissions and User Conduct. The Sites may provide users an opportunity to post comments, and other content; write and send communications (e.g. email, text message [SMS], etc.); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information and materials. By writing, posting, commenting, interacting, or otherwise adding content or information to the Sites (collectively "Submissions"), you grant Bushl the right to copy, edit, publish, and distribute your Submissions. You are prohibited from using the Sites or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third part intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Sites is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, any applicable rules or policies linked to in this Agreement, or any law or regulation, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from participating in our Sites and Services, the immediate removal of the related materials from the Sites and Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
12. User Account Obligations and Security. You understand that you will need to create an account to have access to all of the parts of the Sites and to the Services. In consideration of your use of the Sites and Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the account registration pages (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bushl has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bushl reserves the right, in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof) or Services. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites or Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
13. User Submissions and Published Content. We do not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Bushl will reject any submissions in which Bushl believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Bushl reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Sites at any time and without notice.
User published Content and User Submissions do not represent the views of Bushl or any individual associated with Bushl, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Bushl’s endorsement of user published Content. Bushl does not vouch for the accuracy or credibility of any user published Content on our Sites or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Sites and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site and Services, you assume all associated risks.
14. Advertising Rights. Bushl reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submissions, and Bushl and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Bushl to sell, license or offer to sell or license any advertising, promotion or distribution rights.
15. Representations and Warranties. You represent that You are over the age of 21, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Sites and Services is and will be in compliance with all applicable laws, including having all necessary licenses and registrations as required by state and local laws. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 7; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this agreement; (iv) You are not, and have not been an agent of Bushl and were not and are not acting on behalf of, or as a representative of, Bushl or any other party in connection with the User Submission; (v) the User Submission and Bushl’s use thereof as contemplated by this Agreement and Bushl’s Sites will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Bushl or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
16. Links and Third Party Links. Creating or maintaining any link from another web site to any page on the Site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations. From time to time, the Sites or Services may contain links to websites that are not owned, operated or controlled by Bushl or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Sites, you do so entirely at your own risk.
17. Limitations of Liability. Bushl does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites, or your downloading of any information or materials from the Sites. IN NO EVENT WILL BUSHL, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BUSHL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT OR SERVICES THEREON, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE SUBSCRIBED TO ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE BUSHL REFUNDS POLICY. IN NO EVENT SHALL BUSHL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100.00) OR (B) THE VALUE OF YOUR SUBSCRIPTION FEES FOR ACCESS TO THE SITES OR SERVICES.
18. Disclaimers. YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BUSHL, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER BUSHL, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUSHL OR THROUGH BUSHL SITES AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
19. Indemnity. You agree to defend, indemnify and hold Bushl and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Services, or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Bushl; or (vi) any other party's access and use of the Sites with your unique username, password or other appropriate security code.
20. Release. In the event that you have a dispute with one or more other users of the Site, you release Bushl (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
21. Termination. You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any subscriptions placed or charges incurred through your account prior to termination. We may also block your access to our Sites or Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
22. Force Majeure. Neither Bushl nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
23. General. All matters relating to the Sites, Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule. You consent to the exclusive jurisdiction of the state and federal courts located in _____ County, Oregon. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement, and all incorporated agreements, may be automatically assigned by Bushl in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Site Access License and Restrictions), 17 (Limitations of Liability), 19 (Indemnity), and 20 (Release) shall survive any termination or expiration of this Agreement.
24. Entire Agreement. These terms and conditions are the entire agreement between you and Bushl and supersede any prior understandings or agreements (written or oral).
25. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions of Use or if you have any questions or comments, please contact us at by email at: [email]
26. Copyright Notice. All Site design, graphics, text selections, arrangement and all software are Copyright © 2018 Bushl, Inc. or its licensors. ALL RIGHTS RESERVED.