Welcome to the Terms of Use for the websites and services operated by I.N.S.A., Inc., D&D Accounting Services, LLC, Insa CT Retail I, LLC, Insa CT Retail II, LLC, INSA, LLC, and INSA Ohio, LLC, their parent company Insa Holdings Inc., and its parent company, GPM II, LLC, and the subsidiaries and affiliates of the foregoing (“INSA” or the “Company”) For purposes of this agreement, “Site” refers to the Company’s websites, which can be accessed here https://insa.com/ and https://gilliegrows.com/. . “Service” refers to the Company’s services accessed via the Site, in which users can browse our information and services, view educational material, view products, and place product orders for pick up. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Sites or our Services.
The following Terms of Use apply when you view or use the Sites and Services via our Sites.
THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION SET FORTH BELOW.
Please review the following terms carefully. By accessing or using the Sites or Services, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Sites or Services.
PRIVACY POLICY
The Company respects the privacy of its Sites and Services users. Please refer to the Company’s Privacy Policy found here: (Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Sites or Services, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICES
The Services allows you to browse our information and services, view educational material, view products, and place product orders for pick up.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICES
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide age and contact information (“User Content”) to the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Services.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Sites or Services at its sole discretion.
We grant you permission to use and access the Sites or Services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Services, you agree as follows:
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Sites, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Sites or the Services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Sites or the Services. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Sites or the Services or to limit or deny a user’s access to the Services or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Services or violation of these Terms of Use, please contact us at [email protected].
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Services subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(A) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Sites or Services who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(B) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Sites or Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent
(C) Counter-Notices. If you believe that your User Content that has been removed from the Sites is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Sites in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Sites or Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Sites and Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Sites or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Sites’s or Services’s email and messaging system will not constitute legal notice to the Sites, the Services, or any of the Company’s officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Sites or the Services and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or by mail to the following postal address:
INSA Customer Support
35 Center Street
Chicopee, MA 01013
Opting out may prevent you from receiving messages regarding the Sites, the Services or special offers.
WARRANTY DISCLAIMER
THE SITES AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITES OR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITES OR SERVICES; (C) THE SITES OR SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITES AND SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH YOU OR WITH ANY OTHER USER OF THE SITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, dispensaries, products or person that you review using the Services, you release the Company (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, arising out of or in any way connected with such disputes.
If you are a California resident using the Sites or Services, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Sites from time to time to view any such changes in this agreement. Your continued use of the Sites or the Services signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms of Use by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Sites are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts , without regard to conflict of law provisions.
YOU AGREE THAT, IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR USE, YOUR USE OF OUR SITES OR SERVICES, AND/OR USE OF YOUR INFORMATION BY US OR THIRD-PARTIES (A “DISPUTE”), THE AGGRIEVED PARTY OR PARTIES SHALL NOTIFY THE OTHER AFFECTED PARTIES IN A WRITING SETTING OUT THE NAME AND ADDRESS OF THE INJURED PARTY, THE FACTS AND CIRCUMSTANCES OF THE DISPUTE, ANY DAMAGES INCURRED, AND THE RELIEF REQUESTED. IN ORDER TO PERMIT THE PARTIES TO DISCUSS AN AMICABLE RESOLUTION, NO ARBITRATION OR JUDICIAL PROCEEDINGS MAY THEN BE COMMENCED IN RESPECT OF THE DISPUTE FOR NINETY (90) DAYS EXCEPT AS NECESSARY TO AVOID IRREPARABLE HARM. IN THE EVENT THAT THE DISPUTE IS NOT THEREUPON AMICABLY RESOLVED, IT SHALL BE SUBMITTED TO MANDATORY, BINDING ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER RULES THEN IN EFFECT (AVAILABLE HERE: WWW.ADR.ORG). IN THE EVENT THAT THE AAA IS UNAVAILABLE OR UNWILLING TO ADMINISTER THE ARBITRATION, AND THE PARTIES ARE UNABLE TO AGREE TO A SUBSTITUTE, A SUBSTITUTE SHALL BE APPOINTED BY THE COURT. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SS. 2, ET SEQ. THE RIGHT AND OBLIGATION TO ARBITRATE UNDER THIS SECTION SHALL EXTEND TO ANY CLAIMS BY OR AGAINST THE COMPANY AND ANY AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, OR EMPLOYEES OF A PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PREVAILING PARTY OR PARTIES SHALL BE ENTITLED TO AN AWARD OF ALL COSTS, EXPENSES, AND ATTORNEYS’ FEES REASONABLY INCURRED IN THE SUCCESSFUL PROSECUTION OR DEFENSE OF ANY CLAIM. HOWEVER, IF A CLAIMANT RECOVERS LESS THAN THE RESPONDENT’S HIGHEST WRITTEN OFFER MADE BEFORE THE COMMENCEMENT OF ARBITRATION, THE RESPONDENT SHALL BE DEEMED TO BE THE PREVAILING PARTY FOR THIS PURPOSE.
THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW, BUT THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT PROCEEDINGS ON A CLASS OR AGGREGATED BASIS WITHOUT THE WRITTEN CONSENT OF ALL PARTIES; PROVIDED, HOWEVER, THAT IN THE EVENT OF THE FILING OF OVER TWENTY FIVE (25) ARBITRATION CLAIMS RAISING SUBSTANTIALLY THE SAME OR SIMILAR DISPUTE, THE AAA MAY APPOINT A SINGLE ARBITRATOR OR PANEL OF ARBITRATORS TO ADDRESS PROCESS ISSUES UNDER ITS SUPPLEMENTAL RULES FOR MASS ARBITRATIONS. ALL ARBITRAL PROCEEDINGS SHALL BE CONDUCTED VIRTUALLY UNLESS ALL PARTIES AGREE OR THE ARBITRATOR(S) ORDER OTHERWISE.
YOU ALSO AGREE THAT ANY SUCH ARBITRATION PROCEEDING, THE FACT OF THE ARBITRATION, AND ANY PAPERS OR TESTIMONY SUBMITTED IN CONNECTION THEREWITH SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE SHARED OUTSIDE OF THE ARBITRATION PROCEEDING EXCEPT AS MAY LAWFULLY BE REQUIRED IN JUDICIAL OR OTHER PROCEEDINGS PURSUANT TO APPLICABLE LAWS, RULES AND REGULATIONS OF GOVERNMENTAL OR REGULATORY AUTHORITIES, OR WITH RESPECT TO INFORMATION OTHERWISE KNOWN TO OR IN THE PUBLIC DOMAIN WITHOUT FAULT OF THE DISCLOSING PARTY.
NOTWITHSTANDING THE FOREGOING, ANY PARTY MAY AT ITS OPTION FILE AN INDIVIDUAL CLAIM IN ANY SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THE SCOPE OF ITS PERSONAL AND SUBJECT MATTER JURISDICTION AND THE MATTER REMAINS IN SMALL CLAIMS COURT.
IF AT ANY TIME ANY PARTY REQUESTS MEDIATION, ALL AFFECTED PARTIES SHALL PARTICIPATE IN A MEDIATION DIRECTLY AND NOT SOLELY THROUGH COUNSEL, THE REQUESTING PARTY TO BEAR THE COSTS AND FEES OF THE MEDIATOR(S).
WITHOUT DEROGATION OF THE OBLIGATION TO ARBITRATE, ANY JUDICIAL PROCEEDINGS IN RESPECT OF A DISPUTE SHALL BE CONDUCTED EXCLUSIVELY IN: (1) THE STATE OR FEDERAL COURTS SITTING IN CONNECTICUT AS TO CONNECTICUT RESIDENTS OR USE OF OUR SITES OR SERVICES RELATING TO CONNECTICUT; (2) THE STATE OR FEDERAL COURTS SITTING IN FLORIDA AS TO FLORIDA RESIDENTS OR USE OF OUR SITES OR SERVICES RELATING TO FLORIDA; (3) THE STATE OR FEDERAL COURTS SITTING IN OR FOR LAKE COUNTY, OHIO AS TO OHIO RESIDENTS OR USE OF OUR SITES OR SERVICES RELATING TO OHIO; (4) THE STATE OR FEDERAL COURTS SITTING IN OR FOR DELAWARE COUNTY, PENNSYLVANIA AS TO PENNSYLVANIA RESIDENTS OR USE OF OUR SITES OR SERVICES RELATING TO PENNSYLVANIA; (5) THE STATE OR FEDERAL COURTS SITTING IN OR FOR HAMPSHIRE COUNTY, MASSACHUSETTS AS TO MASSACHUSETTS RESIDENTS, USE OF OUR SITES OR SERVICES RELATING TO MASSACHUSETTS OR ANY SITUATION NOT COVERED BY CLAUSES (1) – (4) IMMEDIATELY ABOVE.
We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
In the event we undergo a business transaction in the future such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Information as set forth in this Privacy Policy.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://insa.wearehashly.co/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
