Terms of Use

Last Updated: April 21, 2025

These Terms of Use (“Terms”) govern your access to and use of the website https://healifynowmmjcards.com (the “Site”) and related services, including medical cannabis card application support, educational content, and mobile applications provided by HealifyNow, Inc. (“HealifyNow,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, or by clicking “I agree” (or similar), you agree to be bound by these Terms and our Privacy Notice. These Terms apply to all visitors, users, and others (“Users”) who access the Services.

If you use the Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms. If you do not agree with these Terms, do not use the Services.

IMPORTANT: These Terms include a mandatory arbitration agreement and class action Jury trial waiver in Section 12, limiting how you can resolve disputes with us. Please read carefully.

1. Important Disclaimers

HealifyNow provides technology and support to independent medical practices that offer medical cannabis evaluations through the Services. We do not provide healthcare services or medical advice. All clinical services are provided by independent physicians.

Information on the Services, including articles or social media content, is for educational purposes only and is not a substitute for medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical questions. Do not disregard professional advice based on our content.

We do not guarantee the accuracy or reliability of any information, including user reviews or third-party content. HealifyNow is not responsible for your interactions with medical providers, dispensaries, or other Users, nor do we verify their qualifications or offerings.

Federal Law Notice: Marijuana is a Schedule I substance under the U.S. Controlled Substances Act, making its manufacture, distribution, or possession illegal under federal law. Medical use is not a recognized defense federally, and interstate transport of marijuana is prohibited. Our Services are for residents of states with legal medical cannabis programs only.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 21 years old or a qualified medical cannabis patient to use the Services in the United States.

2.2 Account Creation

Some features require a HealifyNow account (“Account”). You agree to provide accurate information when registering and to keep it updated. You may not create multiple Accounts. We may suspend or terminate your Account per Sections 5.4 or 10.

2.3 Account Deletion

To delete your Account, email support@healifynowmmjcards.com with your username and deletion request.

2.4 Account Responsibilities

Keep your Account login confidential and notify us immediately of any unauthorized use at support@healifynowmmjcards.com. You are responsible for all activities under your Account. We are not liable for losses due to your failure to secure your Account.

2.5 Social Media Login

You may link your Account with social media accounts (e.g., Facebook). We may receive data from these platforms per their terms, and any data you share with them is governed by their policies.

3. Access to Services

3.1 License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes. For our mobile app (“App”), this license allows use on your personal device only.

3.2 Restrictions

You may not: (a) sell, lease, or commercially exploit the Services; (b) modify, reverse-engineer, or create derivative works; (c) use the Services to build competing services; or (d) copy, distribute, or reproduce any part without permission. All copyright notices must remain intact.

3.3 Modifications

We may modify, suspend, or discontinue the Services at any time without notice or liability.

3.4 Ownership

We or our suppliers own all intellectual property in the Services, except for User Content. These Terms do not transfer any ownership rights to you.

3.5 App Platforms

The App’s availability depends on third-party platforms (e.g., Apple App Store, Google Play). These Terms are between you and HealifyNow, not the platform. You must comply with the platform’s terms, and they are third-party beneficiaries of these Terms.

4. Communications Consent

4.1 Text Messaging

By opting into our SMS service, you consent to receive texts, including promotional messages, at the number you provide, even if it’s on a Do Not Call list. Texts may cover account updates, promotions, or industry news. Standard carrier charges apply, and message frequency varies. Consent is not required to use the Services.

4.2 Opt-Out

Reply “STOP” to any promotional text to opt out of promotional messages or all texts. Opting out of all texts may limit some Service features.

4.3 Opting Back In

Reply “START” to resume receiving texts.

4.4 Push Notifications

Installing our App means you agree to receive push notifications, which you can disable in your device settings.

4.5 Email

We may send emails about our Services or third-party offers. Unsubscribe from promotional emails via the link in the email. Service-related emails cannot be opted out of.

5. User Content and Usage Data

5.1 User Content

“User Content” includes any information you submit, like reviews or profile data. You are responsible for your User Content’s accuracy and legality. We are not liable for User Content.

5.2 Restrictions

Do not submit User Content that: (a) violates intellectual property, privacy, or other rights; (b) is illegal, harassing, defamatory, or offensive; or (c) breaks any law or third-party rules.

5.3 Your Responsibilities

You assume all risks for reliance on or disclosure of your User Content. We do not back up User Content, and it may be deleted at any time.

5.4 License

You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display your User Content to provide the Services. You waive moral rights claims.

5.5 Feedback

Any feedback you provide is non-confidential, and we may use it freely, with all rights assigned to us.

5.6 Usage Data

We may collect and own diagnostic, technical, and usage data (“Usage Data”) from your device to improve the Services, monitor usage, or share in anonymized form.

6. Acceptable Use Policy

6.1 Reviews

Reviews must reflect your personal experience and not: (a) use all caps; (b) be plagiarized; (c) include spam or links; (d) disparage individuals; (e) describe appearances lewdly; (f) mention competitors; or (g) air personal grievances. Dispensary staff cannot review their own or competitors’ products.

6.2 Photos

Photos must show only the product, be clear, and exclude body parts, clutter, or inappropriate content.

6.3 Technical Restrictions

Do not: (a) upload viruses; (b) send spam; (c) collect others’ data without consent; (d) disrupt our servers; (e) impersonate others; (f) harass Users; or (g) scrape data.

6.4 Monitoring

We may review, remove, or modify User Content, suspend Accounts, or report violations if you breach these Terms, without obligation or liability.

7. Indemnity

You agree to indemnify HealifyNow and its affiliates from any claims, losses, or damages (including legal fees) arising from: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of laws. We may assume control of any defense at your expense.

8. Third-Party Content and Interactions

8.1 Third-Party Interactions

Your interactions with third parties (e.g., medical providers) through the Services are between you and them. We are not responsible for these interactions or any related terms or warranties.

8.2 Third-Party Content

The Services may include third-party content or links (e.g., articles, dispensary info). We are not responsible for their accuracy or legality. Third-party terms apply when you access them.

8.3 Release

You release HealifyNow from all claims arising from interactions with third parties or other Users. California residents waive California Civil Code §1542 for unknown claims.

9. Disclaimers

The Services are provided “as-is” without warranties of any kind, including merchantability, fitness, or accuracy. We do not guarantee the Services will be uninterrupted, secure, or error-free. Some jurisdictions may not allow warranty exclusions, so these may not apply to you.

10. Limitation of Liability

To the fullest extent allowed by law, HealifyNow is not liable for indirect, consequential, or punitive damages from your use of the Services. Our total liability is limited to the greater of $50 or what you paid us in the past 12 months. Some jurisdictions may not allow liability limits, so these may not apply to you.

11. Term and Termination

These Terms apply while you use the Services. We may suspend or terminate your access or Account at any time for any reason, including violations of these Terms. Upon termination, your Account and User Content may be deleted. Sections 3.2–3.4, 4–13 remain in effect after termination.

12. Arbitration and Class Action Waiver

12.1 Arbitration Agreement

Any dispute with HealifyNow (“Claim”) must first be addressed informally by contacting support@healifynowmmjcards.com. If unresolved after 60 days, Claims will be resolved by binding arbitration under the American Arbitration Association’s (AAA) commercial rules, before one arbitrator. Arbitration is governed by the Federal Arbitration Act. If arbitration is unenforceable, disputes must be brought in Delaware courts.

12.2 Class Action/Jury Trial Waiver

Claims must be brought individually, not as part of a class or representative action. You waive the right to a jury trial or to participate in class actions. The arbitrator can only award relief for your individual Claim.

12.3 Pre-Arbitration Process

Send a written Notice of Dispute to our address in Section 13.6 by certified mail before seeking arbitration.

12.4 Confidentiality

Arbitration proceedings are confidential.

12.5 Opt-Out

New Users can opt out of arbitration within 30 days by emailing support@healifynowmmjcards.com with your name and opt-out intent. Future changes to this section can be rejected within 30 days of the change.

12.6 Governing Law

These Terms are governed by Delaware law, excluding conflict of law principles. The Services are based in Delaware.

13. General

13.1 No Support

We are not obligated to provide support or maintenance for the Services.

13.2 Changes to Terms

We may update these Terms, effective immediately upon posting on the Site. Continued use means you accept the changes.

13.3 Copyright/Trademark

13.4 App Store Terms

For Apps from the Apple App Store: (a) these Terms are between you and HealifyNow, not Apple; (b) Apple is not responsible for the App or its content; (c) Apple has no maintenance obligations; (d) Apple may refund App purchases but has no other warranty obligations; (e) HealifyNow handles claims related to the App; (f) Apple is a third-party beneficiary of these Terms. You must not be in a U.S.-embargoed country or on a U.S. restricted list.

13.5 Miscellaneous

These Terms are the entire agreement between you and us. No waiver of any provision is valid unless in writing. If any provision is invalid, others remain in effect. You may not assign these Terms without our consent.

13.6 Contact Information

HealifyNowMMJCards, Inc.
Email: support@healifynowmmjcards.com

13.7 California Residents

California residents may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.