Last Updated: 01/31/2024

These Terms of Use together with the Privacy Policy, and any supplemental terms, conditions, or rules posted to a specific area of this site (collectively, “Terms”) set forth the legally binding terms governing your use of all websites Total Medical Services, LLC d/b/a Kentucky Cannabis Docs (“KCD,” “we,” “us,” or “our”) owns, operates, and maintains as well as your use of the services we provide and other transactions or engagements you might have with us (collectively, the “Sites”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES. 

By accessing or using the Sites, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use the Sites if you do not agree to be legally bound by these Terms. 

MODIFICATIONS TO THESE TERMS

We may, in our sole discretion, modify the Terms from time to time without notice or obligation. By continuing to use the Sites, you acknowledge and agree that you will be bound by the updated Terms. We suggest periodically visiting this page of the Sites to review these Terms.

INTENDED AUDIENCE

The Sites and all the information, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, video clips and written and other materials on or part of the Sites (“Content”) is intended for lawful use only by users who are 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Sites. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older and that you are the person you claim to be in your interactions with us and the Sites.

ABOUT KENTUCKY CANNABIS DOCS

KCD provides a platform for users to access an independent licensed health care provider. KCD does not provide medical services, does not offer or sell cannabis, and is not a marijuana collective or cooperative. KCD may make available Content regarding general information about cannabis, health, and/or wellbeing. You understand and agree that any Content provided by KCD is for informational purposes only and does not constitute medical or legal advice and is not intended to diagnose or treat any medical condition. The Content does not replace professional medical or legal counsel or treatment. KCD does not make any representations, warranties, or promises about or relating to services provided by an independent licensed health care provider.

INDEPENDENT LICENSED HEALTH CARE PROVIDER CONSULTATION

You understand that using the Sites to consult with an independent licensed health care provider does not create a provider-patient relationship between KCD and you. You agree that KCD is not responsible or liable for any opinion, expression, act, or omission of an independent licensed health care provider.  You understand that the Sites are not intended to substitute for health care services and wellbeing.

RIGHT TO USE THE SITES

KCD authorizes you to use the Sites and access the Content pursuant to these Terms for the purpose of browsing the Sites or ordering services. This limited and revocable authorization does not grant you any licenses, implied rights, or intellectual property rights. You agree that your use of the Sites and Content is at your sole risk and that you assume all responsibility for any reliance on the Content. While KCD strives to ensure accurate Content, we do not guarantee the accuracy or reliability of any Content on the Sites.

PURCHASE TERMS

I affirm and agree that:

-       I have a serious medical condition that negatively affects my quality of life;

-       I am not a member, employee, or agent of any media or law enforcement agency;

-       I am requesting a consultation by the physician for purposes of determining the appropriateness of medical marijuana treatment; 

-       I have completely and truthfully disclosed all information regarding my medical condition and attest that I do not intend to use my medical recommendations for the purpose of illegally obtaining, growing, or distributing medical marijuana; 

-       the physician, staff, and representatives are addressing specific aspects of my medical care and are in no way establishing themselves as my primary care provider. Should an approval be made for my medicinal use of marijuana, I understand that it is my responsibility to see the physician to assess the cannabis use beyond the term of the approval; and

-       I hold the physician and his/her principals, agents, and employees, free of and harmless from any liability resulting from the use of medical marijuana.

I understand and agree that:

-       my recommendation can be revoked at any time and legal actions will be taken if I have misrepresented or perjured myself or my condition, my intentions, or falsified any medical records to the physician;

-       a Notice of Compliance has not been issued under the Food and Drug Regulations concerning the safety and effectiveness of marijuana as a drug;

-       medical marijuana has not been approved under federal regulations, and I understand that medical marijuana has not been deemed legal under federal law;

-       the benefits and risks associated with the use of marijuana are not fully understood and the use of marijuana may involve risks that have not been identified. In requesting an approval or recommendation for the use of medical marijuana, I assume full responsibility for any and all risks involved in this action;

-       use of medical marijuana creates pass-through problems to a fetus during pregnancy and to a baby during breastfeeding;

-       although medical marijuana does not produce a specific psychosis, it may exacerbate schizophrenia in persons predisposed to that disorder;

-       chronic use of medical marijuana may lead to laryngitis, bronchitis, and general apathy. Although smoking marijuana has not been linked to lung cancer, smoking marijuana can cause respiratory harm. Many researchers agree that marijuana smoke contains known carcinogens (chemicals that can cause cancer) and that smoking marijuana may increase the risk of respiratory diseases and cancers in the lungs, mouth, and tongue;

-       using medical marijuana may affect my coordination, motor skills, and cognition in ways that could impair my ability to drive;

-       using medical marijuana while under the influence of alcohol is not recommended;

-       I should not be driving a vehicle while using medical marijuana and that I can get a DUI for driving under the influence;

-       the attending physician, staff and/or representatives of Kentucky Cannabis Docs are neither providing, dispensing, nor encouraging me to obtain medical marijuana; and

-       marijuana varies in potency. Estimating the proper marijuana dosage is very important. Symptoms of marijuana overdose include but are not limited to nausea, vomiting, hacking cough, heart rhythm disturbances, numbness in the limbs, anxiety attacks, and incapacitation.

USER GUIDELINES

You agree that you will use the Sites in compliance with all applicable laws and regulations. You agree that you will not use the Sites to (i) defraud, harm, or impersonate another person; (ii) transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person; (iii) transmit material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory; (iv) commit fraud, engage in criminal activity, or interfere with the use of the Sites by others; (v) reproduce, decompile, reverse engineer, or otherwise engage in any activity with the intent or effect of recreating or transferring to yourself or any third-party all or a portion of the Sites; (vi) violate any local, state, national, or international law. We reserve the right, but are under no obligation, to review your use of the Sites for compliance with these user guidelines. You agree that you are solely responsible for full compliance with all applicable laws relating to medical cannabis.

TERMINATION

We may suspend or terminate your use of the Sites, in our sole discretion, at any time for any reason and without notice to you.

PAYMENT

You agree to pay all applicable fees due for your use of the Sites.  You understand and agree that by entering your payment information, you authorize us and our payment processor to charge you for the amount due. Any fees are due immediately and are non-refundable except (i) in an instance we are legally unable to provide the Sites to you, (ii) appointments cancelled more than 24 hours before the scheduled appointment time, or (iii) if a physician does not issue a certification. We reserve the right to modify fees in our sole discretion.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES

We will maintain certain information that you transmit as part of the Sites for purposes of managing the Sites and providing the Sites to you. All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

OWNERSHIP

The Sites and Content are owned, controlled or licensed by KCD and are protected by U.S. and international trademark and copyright laws. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites may be the trademarks and the property of their respective owners. Software used as part of the Sites is our property or our suppliers’ property and is protected by U.S. and international copyright laws. No license, right, title, or interest in the Sites and Content is transferred to you as a result of your use of the Sites. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Sites, or any related software.

FEEDBACK

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, irrevocable, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

THIRD PARTY LINKS

The Sites may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Sites may be linked to or from which the Sites may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

DISCLAIMER OF WARRANTIES

The Sites are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITES.  We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Sites. We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Sites or any website linked to the Sites.

LIMITATION OF LIABILITY

In no event will we or our affiliates, officers, directors, owners, employees, or agents be liable for any indirect, consequential, exemplary, special, indirect, incidental, or punitive damages or lost revenue, lost profits, Lost DATA, Loss of GOODWILL/REPUTATION, or lost anticipated business (even if we have been advised of or could have anticipated the possibility of such damages) arising from or relating to these Terms, THE SITE, or the ServiceS, regardless of the form of action or theory of liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold KCD and our affiliates, officers, directors, owners, employees, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or related to (i) your use of the Sites; (ii) any breach or alleged breach of these Terms, including the representations contained herein, by you; (iii) your violation of any applicable law or regulation; or (iv) your gross negligence or willful misconduct.

DISPUTE RESOLUTION

Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Service, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including provisions for the resolution of consumer disputes (the “Arbitration Rules”). If a Dispute is within the jurisdiction of the small claims court of Jefferson County, Kentucky, it may be submitted to such small claims court on an individual basis. The arbitration shall be conducted in Jefferson County, Kentucky before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The decision of the arbitrator will be issued with a reasoned opinion and will be final without option to appeal. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The parties may mutually agree to conduct hearings telephonically or by video conference. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties except in the event of a consumer arbitration in which case arbitration costs and fees will be allocated in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW EXCEPT FOR THE SUBMISSION OF CLAIMS IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS AS PERMITTED HEREIN. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

GOVERNING LAW 

The Terms are governed according to the laws of the State of Kentucky, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Jefferson County, Kentucky and the parties agree to the personal jurisdiction of such courts.

FORCE MAJEURE

We will be excused from failures or delays in delivery or performance of the Sites, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

MISCELLANEOUS

The Terms constitute the entire agreement and understanding between you and us with regard to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Sites (e.g., disclaimer of warranties, limitation of liability, indemnification) will be deemed to survive. Headings are provided as a convenience and should not be used as interpretive aids. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.