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SAN FRANCISCO—Unregulated cannabis vaporizer cartridges tainted with a potentially deadly lung toxin have hospitalized seven people with pneumonia-like symptoms in Hanford, California, officials there reported Wednesday. The cluster of tainted vape cart poisonings caused the Kings County public health department to issue a rare warning this week urging consumers to avoid buying cannabis e-cigarettes from unlicensed sellers. Street cannabis products are not subject to the rigorous testing that licensed products undergo in California. 'If you’re going to vape THC, get it from a licensed dispensary where you know there’s a certain amount of testing required.' Dr. Milton Teske, Emergency Room Physician, Adventist Health Hanford, California “If you’re going to vape THC, get it from a licensed dispensary where you know there’s a certain amount of testing required to do. It sounds like it’s going to cost twice as much as the stuff on the street, but you don’t want to end up in with a life-threatening respiratory condition,” said Dr. Milton Teske, a health officer with the Kings County Department of Public Health. Officials haven’t yet determined the cause of the lung illness, the public health warning says, but they’ve determined that all cases so far have involved cartridges purchased from unlicensed pop-up markets. Some think the cases could be tied to similar clusters of vape-related poisonings that have recently been reported elsewhere in the country. “Anyone that vapes THC they got off the street and has shortness of breath, tightness in the chest, and trouble breathing—go to the ER and tell them you’re vaping, and have heard about this acute respiratory distress syndrome developing from that,” said Teske, who’s spent the last 35 years as an emergency room physician in the rural central California town of Hanford, where three patients remain in care at Adventist Health Hanford hospital. In the past 30 days, six people in their 20s and one 60-year-old have been hospitalized for severe acute respiratory distress syndrome (SARDS) at Hanford’s intensive care unit. Two patients had to be put on mechanical ventilation to save their lives. “If they hadn’t been intubated, they wouldn’t have made it,” Teske said. “And if it got any worse, they wouldn’t have made it.” Connecting Dots ‘Everywhere’ Teske suspects Hanford hospital pulmonologist Dr. Vishnu Bezwada identified a vape cart poisoning cluster that’s part of a rash of similar poisonings going on across the US. A Monday call with Centers for Disease Control and public health representatives from other states indicated a suspected cluster of 15 poisonings in Wisconsin, plus reports from Illinois, and Nebraska. “I think Dr. Bezwada is very astute and was the first to connect all the dots. Same with Wisconsin,” said Teske. “But there’s dots everywhere.” “I had heard about the midwest outbreak this weekend and called my relatives in Wisconsin who I know vape and told them to stay away,” said Josh Wurzer, founder of licensed California cannabis analysis lab, SC Labs. “It was only a matter of time until something like this happened with the black market vape cartridges.” ‘Something’s Going on Here’ Dr. Bezwada usually sees just one acute respiratory distress case per month in Hanford, population 56,499; and usually it’s an older person. But after diagnosing a couple young people with SARDS in June, followed by several more in July and August, he decided to call Teske. “He said, ‘Something’s going on here’,” Teske said. Bezwada had treated a series of young people with symptoms of hypoxia, a lack of oxygen in the blood, who got worse and worse. Two nearly died. All are now recovering. Teske and a Kings County public health investigator reviewed all seven case files and conducted follow-up interviews with patients in the hospital and at home. A common theme emerged—all had been using vape carts bought off the street around Kings County, in rural Central California. All reported doing it to save money. They were buying them at local, unlicensed pop-up markets, advertised by word of mouth. At these markets, vendors sell untested THC products that look similar to tested goods. The empty vape cartridges come in from China. Producers then fill the carts with raw THC oil cut with agents such as propylene glycol, vegetable glycerin, medium-chain triglycerides (MCT) oil, or more exotic chemicals. “Almost every patient had a different brand name,” said Teske. “And everyone had purchased it on the street.” Teske suspects the lung illness comes from an additive, though he’s not sure what. “Whoever is mixing it up in their garage, they’re adding other flavors, I suspect, or it’s how they’re diluting it. I suspect it’s some type of hydrocarbon.” Teske has ruled out other potential causes of SARDS, including other drugs, bacteria, or viruses. The patients were generally young—18, 22, some 27s, 34. One was 60. All had been consuming cannabis for six months or more, and some were heavy consumers who smoked every day. But long-term cannabis smoking is not associated with decreased lung function. The 60-year-old had been smoking cannabis for years, tried vape carts for the first time in her life, and developed the syndrome. Teske also thinks the poisonings are batch-specific. Some patients had been vaping THC regularly for two years before getting this bad batch. “I wouldn’t take anything from a pop-up store, or friends, or strangers off the street, because where did they get it? If it’s a good price, it’s coming from one of these questionable sources,” he said. “It’s too high a risk. Just because you got good stuff from him last week doesn’t mean this stuff is good.” ‘Just on the Edge of Surviving’ After repeatedly using a tainted cart, patients felt shortness of breath, weakness, tightness in the chest, and sometimes nausea. When symptoms got bad enough, they went to their primary care doctor or urgent care. Patients were usually misdiagnosed with pneumonia and sent home with antibiotics, but their condition worsened. Patients ended up in the ER, admitted with pneumonia, but disease workups and bacterial cultures revealed nothing. Their lungs looked terrible on MRIs—inflamed, opaque, and full of fluid, Teske said. The hypoxia got worse. Some patients needed to be strapped to a machine that forces air into their exhausted lungs. Two patients had to be intubated and mechanically ventilated. A major course of steroids stops the lung inflammation from this hypersensitivity-type reaction. Recovery generally takes one to two weeks in the hospital, at which point patients are sent home with steroids to heal further. What Could Be in Tainted Vape Carts? California leads legalization states in requiring all products sold at licensed stores to be tested for dozens of contaminants—most notably pesticides, residual solvents like hexane, and heavy metals like lead. But with untested products, said Wurzer, a wide variety of allergens, irritants, and toxins could lurk inside. After lab testing became mandatory in California in 2018, hundreds of products were flagged. To date, more than 5,169 batches have failed state lab testing for labeling or impurity standards. After inaccurate labeling, pesticides have been the biggest culprit. Lead has also popped up in cartridges. “We saw this with the heavy metal contamination issues in some vape cartridges when we switched to phase three testing,” said Wurzer. Wurzer is also seeing it in a type of popular tobacco vape pod called JUUL pods. “Again, this isn’t limited to black market THC cartridges, the e-juice nicotine vapes we’ve tested are consistently even worse for some contaminants.” The unlicensed cannabis market, which might be three times as big as California’s legal market, does not test at all. In recent years, public health officials have reported many cases of poisonings from adulterated CBD vape carts and CBD oils bought online or at truck stops. Labs have found cough syrup and dangerous synthetic cannabinoids in the unregulated mixtures. A significant portion of the country’s illicit cannabis supply chain would fail testing, but vape carts are an especially dangerous vector, Wurzer said. “Black market cannabis was a relatively safe product for so long because—outside of illegal pesticide use—it is hard or impractical to adulterate it to the point it’s going to lead to a public health issue. However with these vape cartridges, it doesn’t have to be nefarious, it can just be incompetence. You need to be very careful about the purity of the cannabinoids, terpenes, and any additives you use, but you need to monitor the quality of the materials used to manufacture the cartridges themselves.” 'You don’t want to trust your lungs with some chemicals someone mixed up in their garage!' Josh Wurzer, founder, SC Labs, California “You don’t want to trust your lungs with some chemicals someone mixed up in their garage!” Wurzer said. The Bureau of Cannabis Control is conducting a statewide public messaging campaign titled “Get #Weedwise” warning consumers of adulterants in the unregulated market. “This is the entire reason why we are running our get weed wise campaign. To educate the public about the importance of shopping from licensed retailers only. There are things out of your control when you decide to purchase cannabis from the illegal market. Your health is more important than cost,” said Alex Traverso, communications chief for the California Bureau of Cannabis Control. What’s Next? Teske obtained samples of the tainted carts from each affected patient, and the California Department of Public Health will lab test them, he said. On the national front, the Centers for Disease Control and Prevention is set to release a national public health bulletin to officials to be on the lookout for young, sudden acute respiratory distress syndrome (SARDS) sufferers who vape. Otherwise, these poisonings can be easy to miss. SARDS usually has a lot of other causes. “Any young person that comes in with even a mild respiratory ailment—primary care and urgent care needs to be asking about that,” said Teske. “If people look for it, they’re going to find it.”
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Democratic presidential front-runner Joe Biden tacked away from his drug warrior past with a new plan Tuesday. He wants to reduce mass incarceration in the US with a 10-page proposal including: decriminalization of cannabis, $20 billion in prevention funds for communities, efforts to reduce racial profiling by police, more job training in prisons, ending private prisons, and other proposals. “I believe my criminal justice reform package is as strong or stronger than anyone else.” Joe Biden, former vice president, Democratic presidential candidate “Today, too many people are incarcerated in the United States–and too many of them are black and brown,” Biden’s team said in a post to his campaign website on Tuesday. “To build safe and healthy communities, we need to rethink who we’re sending to jail, how we treat those in jail, and how we help them get the health care, education, jobs, and housing they need to successfully rejoin society after they serve their time.” According to FBI reports, cannabis is a key driver of mass incarceration—marijuana arrests are the number one type of drug arrest in the US, and drug arrests are the number one type of arrest police make. Former Vice President Biden’s cannabis decriminalization would come with automatic expungements of past marijuana records, support for federal medical legalization, and a downgrade of cannabis to Schedule II, “so researchers can study its positive and negative impacts.” As for adult-use federal legalization, Biden echoed President Trump’s position in recent years, stating he would, “leave decisions regarding legalization for recreational use up to the states.” Critics Pounce on Biden’s Past Votes Facing another debate with Sen. Kamala Harris next week, Biden’s “Plan for Strengthening America’s Commitment to Justice” proposals move the vice president away from his historically tough-on-crime policies, for which he is being attacked from both the right and the left. Biden joined with many Democrats, Republicans, and minority leaders in the ’80s and ’90s to enact harsh mandatory minimum sentences for drug use, three-strikes laws with life sentences, civil asset forfeiture, and the death penalty for drug-related murders. GOP critics note Biden once claimed George H.W. Bush’s war on drugs was “not tough enough, bold enough, or imaginative enough.” While former President Bill Clinton has apologized for crime policies that “made the problem worse,” Biden responded by saying the 1994 crime bill he led was “another part of my long record that is being grossly misrepresented.” He made no apologies for past votes Tuesday. “I believe my criminal justice reform package is as strong or stronger than anyone else,” Biden said in a video. Sen. Cory Booker reacted to Biden’s Tuesday proposal with a tweet: “It’s not enough to tell us what you’re going to do for our communities, show us what you’ve done for the last 40 years. You created this system. We’ll dismantle it.” An Important Evolution Nonetheless Biden’s proposals amplify the reach of once-radical ideas into mainstream political thought, though. The laundry list of ideas includes ending cash bail, a proposal California enacted in 2018 but put on hold pending a 2020 referendum sponsored by the bail industry. Biden’s campaign notes the cash bail system is “the modern day debtors’ prison. The cash bail system incarcerates people who are presumed innocent. And, it disproportionately harms low income individuals.” Biden’s plan also would create universal pre-kindergarten for three- and four-year-olds, because “focusing on addressing [mass incarceration’s] underlying factors is not just the right thing to do, it is also good for our communities and our economy.” Biden would also work to reduce the jailing of children through grants for diversion programs. San Francisco intends to close its juvenile hall by the end of 2021, citing high costs, low use, and incarceration’s irreparable harm to youth. The former vice president faces off against Harris and other Democratic primary contenders in a televised debate in Detroit Wed., July 31.
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Yet another national poll shows that a strong majority of Americans support the federal legalization of cannabis. According to a poll from Investor’s Business Daily and TIPP, 63 percent of Americans support cannabis legalization, including 75 percent of Democrats, 66 percent of independents, and 46 percent of Republicans. The survey found that nearly one-fifth of investor households consumed cannabis in the past six months. Support for legalization was highest in the West at 72 percent, and lowest in the Northeast, at 55 percent. The poll found that 23 percent of those surveyed indicated that someone in their home had used medical or adult-use cannabis in the last six months – 35 percent of those were among people 25-44 years old. In all, 27 percent of independents said they had used cannabis over the last six months, along with 25 percent of Democrats, and 15 percent of Republicans. The IBD/TIPP poll is consistent with a 2018 Gallup poll which found 66 percent of Americans supported broad cannabis legalization; although, that poll found 53 percent support by Republicans, and 71 percent support among independents. Both polls found three of four Democrats support the reforms. A Fox News poll, conducted by both Democratic and Republican polling firms last February, found 59 percent support for legalization. An NBC News/Wall Street Journal poll from the prior month had similar results showing 60 percent support. A 2017 poll conducted by Survey USA for Marijuana Majority found stronger support – 76 percent – for allowing states to enact their own medical cannabis regimes without federal interference while just 12 percent said the feds should arrest and prosecute people using cannabis, even if legally allowed by the state in which they reside.
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Medical cannabis company Impression Healthcare Limited has been approved for a Phase 2a Clinical Trial in Australia investigating the effectiveness of CBD-infused mouthwash and toothpaste products in the fight against gum disease. Specifically, the trial will investigate the products’ safety and effectiveness against Gingivitis and Periodontitis, which are two highly prevalent problems around the world whose treatment have so far been dominated by major pharmaceutical companies. The trial is the result of concerted efforts by Impression and AXIM Biotechnologies Inc., a U.S.-based manufacturer of pharmaceutical-grade medical cannabis products. AXIM, a US-based innovator in cannabinoid medicines, will supply the unique mouthwash and toothpaste products for the trial and has agreed to provide commercially available products if the trial proves successful. Impression, which is listed on the Australian Stock Exchange (ticker code ‘IHL’) with a market capitalization of about $20 million, has first right of refusal over all current and future such products by AXIM until June 2022. “Formal registration of the gingivitis and periodontitis trial represents significant progress in IHL’s medicinal cannabis activities and is the culmination of many months of work by our team and research partners,” said Joel Latham, Impression’s CEO, in a statement. “We are excited to have assembled highly qualified researchers for a world first trial for the use of CBD in treatment of Gingivitis and Gum Disease, which are major problems representing a major market.” Recent research from Impression’s Australian peer Botanix Pharmaceuticals indicates that CBD could have potent antibiotic properties. Lab tests from that study showed the cannabinoid was killing bacteria, including bacteria highly resistant to existing antibiotics. Impression believes that, should the anti-inflammatory and antibiotic nature of CBD prove helpful in halting the progress of gum disease, the products will have a strong case for meeting the criteria of Category B under Australia’s Special Access Scheme, administered by the federal Therapeutic Goods Administration (TGA). This means that patients — with the approval of their doctor or dentist — would then be able to access the CBD-infused mouthwash and toothpaste products. “We are confident that the quality of the trial will supply the requisite peer-reviewed data for unique product sales under the SAS and will further develop commercialisation opportunities for our products in this field,” said Mr. Latham. Impression’s gum disease trial is the first of four separate clinical trials investigating unique cannabinoid products. The other three trials will cover concussion remediation, Sleep Apnea, and TMJ disorders. Impression’s concussion trial aims to investigate neurological damage after traumatic brain injury as a result of playing Australian-centric sports; namely, the AFL (Australian Rules Football) and the NRL (National Rugby League). Similar product lines are being developed by Canadian companies Aurora Cannabis and Canopy Growth for the UFC and NHL Alumni Association, respectively. About Impression Healthcare Limited Impression healthcare Ltd (ASX:IHL) has a rapidly expanding medicinal cannabis business with four unique clinical trials driven by the medical community for globally significant markets. The Company has its license to import, export and distribute cannabis products, and sales channels already in place with Australia’s largest distributor of cannabis medicines. IHL also has strong revenue growth from existing products; including, sports mouthguards for teeth protection and to reduce concussion risk, and sophisticated devices made to combat sleep apnoea, snoring and bruxism. Under this business, Impression offers best-in-class oral devices that are sold direct to the consumer and via our growing B2B Preferred Practitioner Network of Dentists.
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A bipartisan group of U.S. congressional lawmakers introduced a bill Wednesday to accelerate medical cannabis research, a step that could potentially bolster support for federal marijuana reform. “Forty-seven states have legalized some form of cannabis, yet the federal government is still getting in the way of further progress on the potential for research,” said Rep. Earl Blumenauer, an Oregon Democrat and co-sponsor of the Medical Marijuana Research Act of 2019. Currently, the only marijuana available for legal research comes from a contract the National Institute on Drug Abuse holds with the University of Mississippi. Lawmakers have urged that other researchers and universities receive federal authorization to grow research cannabis. The U.S. Drug Enforcement Administration (DEA) created an application process for growers but has dragged its heelson acting on more than two dozen applications. The bill, according to sponsors, would: Create a new, less cumbersome registration process for marijuana research, reducing approval times, costly security measures and unnecessary layers of protocol review. Make it easier for approved researchers to obtain the cannabis they need for their studies by reforming production and distribution regulations. Allow for the private manufacturing and distribution of cannabis solely for research purposes. Douglas Berman, director of Ohio State University’s Drug Enforcement and Policy Center, told Marijuana Business Daily that a niche bill such as the MMJ research proposal generally has a better chance for approval than a more sweeping cannabis reform measure. The bill already has the support of groups such as Smart Approaches for Marijuana, the Marijuana Policy Project, the American Psychological Association and the American Academy of Neurology. A bipartisan group of U.S. Senators also recently introduced a bill to bolster CBD and marijuana research. That measure has the backing of the American Medical Association.
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Program Offers Flow Kana and Select Dispensary Partner Employees Sustainably-Cultivated Produce From Small Independent Farms REDWOOD VALLEY, Calif. — April 24, 2019 — Flow Kana, the leading sustainable supply chain company and distributor of sungrown cannabis products and services andnumber one flower brand in California, today announced the next manifestation of their mission to provide scale to decentralized producers with a commitment to community supported agriculture (CSA). Within six months of initiating their FlowCSA employee perk program, Flow Kana became one of the largest purchasers of produce grown on small farms in Mendocino and Lake counties through the MendoLake Food Hub. Since June 2018, Flow Kana has offered their California employees a monthly CSA box of fruits and vegetables grown locally in Mendocino, Humboldt and Lake Counties, as continued support of small food farmers, decentralized food systems and the local communities where the company operates. Flow Kana is expanding its program in 2019, by offering a similar benefit to select dispensary partners and other supply chain collaborators for their employees. The FlowCSA initiative has been an evolving vision between Casey and Amber O’Neill of HappyDay Farms and Flow Kana founders Michael Steinmetz and Flavia Cassani since the company’s inception. “The quality of the cannabis and vegetables produced in small batches with the love and intention of a family farm are incomparable, and we want to see a world where this type of agriculture thrives and prevails,” said Michael Steinmetz, Flow Kana CEO. “The cannabis industry has an opportunity to build infrastructure that supports all kinds of localized, decentralized, supply networks, ushering in diversified and regenerative farming practices that promote environmentally responsible agriculture. We can offer a real alternative to the big industrial agriculture models we see so prevalent in our world today, and slowly encroaching on our amazing existing cannabis community in California.” To encourage farmers to adopt more regenerative practices, Flow Kana also funds the newly created Local Food Systems Development Program in partnership with the MendoLake Food Hub. The program is designed, in phase 1, to offer support to cannabis farmers who want to diversify their crop portfolios by providing a guaranteed purchaser of their produce via the FlowCSA program through the MendoLake FoodHub. Local produce through the Emerald Triangle and Northern California areas are welcomed from all farmers in the area, whether or not they also cultivate cannabis. “By encouraging a decentralized production model, we can support small, diversified producers who utilize regenerative land-use practices and have the time and resources to develop beneficial methodologies,” said HappyDay Farms’ Casey O’Neill, a third generation diversified cannabis and vegetable farmer. “These farmers are uniquely suited to address climate change and feed the planet in the process. The Flow CSA and the Local Food Systems Development Program offers an opportunity and platform to do just that.” Currently, Flow Kana provides monthly seasonal produce boxes to the company’s now more than 245 employees throughout California. Since June of 2018, more than 2,500 boxes have been purchased and distributed from the MendoLake Food Hub and HappyDay Farms. “Flow Kana has become one of our largest wholesale buyers, and we are grateful for their continued work in supporting small farms in our community,” said Caroline Radice, Executive Director of the MendoLake Food Hub. “The MendoLake Food Hub has seen substantial growth over the past year which would not have been possible without supportive, committed partners. We are happy to be working with Flow Kana to provide year-round fresh produce for their employee CSA, and we are excited to see them continue developing this program.” Flow Kana is a driving force in the cannabis movement to not only honor these communities and these environmental and social values, but to make this decentralized model of agriculture the gold standard for others to follow across cannabis and beyond. The company believes there is great power in coming together with careful collaboration across many operators, distributors, retailers, and brands working in tandem to preserve, protect and evolve our industry and world. You can read more on this movement here:Never doubt that a group of dedicated small cannabis farmers can change the world. About Flow Kana Flow Kana is a pioneer in the cannabis industry, creating the first sustainable, sungrown cannabis brand that embraces California values and the small independent farm ecosystem. Flow Kana partners with and gives scale to craft farmers in Northern California, who focus on beyond organic farming practices. With any Flow Kana or “Powered by Flow Kana” product, customers can trust that, regardless of form factor, the cannabis inside is sungrown and cultivated organically by independent craft farms. The company offers a range of distribution and white label services to a variety of licensed cannabis companies who share the company’s values to provide consumers with clean, compliant and sustainable products through delivery to licensed retail operators throughout California. For more information, please visitwww.flowkana.com,www.flowcannabisinstitute.com, and connect with us onFacebook,TwitterandInstagram. About HappyDay Farms HappyDay Farms is a small, diversified family farm located in the hills of Northern Mendocino County, California. At 3,000 feet on a southwest slope, their terraced gardens produce year-round. In addition to medicinal sungrown cannabis, HappyDay Farms grows produce and flowers for their Community Supported Agriculture (CSA) program and local farmers’ markets. Their unique terroir and microclimate produces small-batch, craft medicinal cannabis products from artisanal, seed-stock varietals. You can learn morehere. About MendoLake Food Hub The MendoLake Food Hub’s mission is to increase the availability of local food and the viability of local farms by connecting growers and buyers through an easy-to-use network. The Food Hub aggregates and distributes produce from small farms around Northern California by providing farmers access to a shared sales and distribution network which serves wholesale buyers such as grocery stores, schools, and restaurants. The MendoLake Food Hub is one of a network of food hubs across California working to build a vibrant, diverse new food system where small farms thrive and the freshest, local produce is easily accessible to the community. Learn more about the MendoLake Food Hubhere and connect with them on Facebook and Instagram.
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Massachusetts regulators issued a $50,000 fine to Plymouth-based M3 Ventures for improper pesticide use. The Massachusetts Cannabis Control Commission has fined Plymouth-based cannabis company M3 Ventures $50,000 after an employee lied about the firm’s pesticide use, according to a MassLive report. Commission Chairman Steven Hoffman indicated that the company has “rectified” the issue “in multiple ways.” State inspectors had initially shut down the company’s dispensaries in Plymouth and Mashpee in December over its pesticide use but allowed them to reopen in April. Inspectors discovered the prohibited pesticides at the company’s cultivation facility in November and interviewed the director of cultivation about its use. During a follow-up inspection the following month, company brass admitted that the cultivation director “misrepresented the use of pesticides,” leading to the closure and fines. In response, the company split the cultivator director position into two jobs – cultivation operations manager and master grower – and has partnered with a national firm to help develop a plan for pest management using approved substances. In addition to the fine, M3 was placed on administrative probation through the end of the year and is required to track and record its additive use daily. Cannabis Control Commission Enforcement Counsel Paul Payer said during a public meeting on Thursday that the company has not violated state regulations since it reopened and the firm had taken the steps to comply with the settlement that “reflect the integrity” regulators require from licensees. Last March, state regulators launched an investigation into two other companies – Sea Hunter Therapeutics and Acreage Holdings – into whether they flouted cannabis company ownership rules by using loopholes in state regulations to hide their affiliations with other companies through the use of shell companies. That case is ongoing.
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Bernie Sanders said in an interview this week that, if he is elected to be the next U.S. president, he would legalize cannabis nationwide via executive order. In an interview on the Joe Rogan Experience podcast, U.S. Senator and presidential hopeful Bernie Sanders (D-Vermont) said he would legalize cannabis nationwide via executive order, according to a report by Leafly. “What I call for now is the legalization of marijuana in America. I believe we can do that through executive order, and I will do that.” – Sanders, on the Joe Rogan Experience In the crowded Democratic candidate field, the majority support federal cannabis legalization; however, Sanders is the only candidate to indicate he would use an executive order to enact the reforms. During the interview, Sanders called expunging low-level cannabis crime records “the right thing to do” and described the Controlled Substances Act as “insane.” “Heroin is a killer drug. You can argue the pluses and minuses of marijuana, but marijuana ain’t heroin,” the Senator said during the interview. “So we have to end that, and that’s what I will do.” The National Organization for the Reform of Marijuana Laws (NORML) endorsed Sanders during his 2018 Senate reelection campaign, calling him “one of the most outspoken and visible advocates for ending marijuana prohibition.” Sanders received an A-plus on the organization’s Congressional Scorecardfor his sponsorship of a measure to end federal cannabis prohibition and another to provide banking access to the industry. Sanders first co-sponsored a bill to legalize cannabis federally in 1995. In a 2015 campaign rally, he called cannabis’ Schedule I status “absurd.” During his interview with Rogan, Sanders also acknowledged the “good news” that some states are working toward expunging low-level cannabis crimes from criminal records. According to an Economist-YouGov poll released on Wednesday, Sanders is polling third (13 percent) for the Democratic nomination behind Massachusetts Sen. Elizabeth Warren (16 percent) and former Vice President and Senator Joe Biden (22 percent).
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THE POSSESSION, DISTRIBUTION, PRODUCTION, OF CANNABIS AND CANNABIS PRODUCTS OR CONSPIRING OR ASSISTING SOMEONE TO DO THE SAME IS ILLEGAL UNDER FEDERAL LAW AND THE LAWS OF MANY STATES. BUSHL MAKES NO REPRESENTATION OF ANY KIND WHATSOEVER THAT THE TRANSACTIONS CONDUCTED BY YOU ON THIS SITE ARE LAWFUL UNDER FEDERAL, STATE, OR LOCAL LAW
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.