Last updated: [11/21]
Committed to Full Transparency
BY ACCESSING OR USING OUR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND TO BIND YOU TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES, OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT.
1. PROPRIETARY RIGHTS
1.1. “Cannabotech” and the “Cannabotech” Logo are protected trademarks of Company. Company’s trademarks may not be used without Company’s written permission. Other trademarks, service marks, and trade names that appear on the Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
1.2. Company retains all rights, titles and ownership in and to the Services or any part thereof, including without limitation, their design and layout, articles, information, contents, copyrights, patents, trademarks, service marks and logos, database whether registered or not (the “Materials“), except as expressly excluded in this Agreement.
1.3. You are granted only a limited and revocable right to use the Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Services or the Materials.
2.1. In order to use certain features of the Services (e.g., to make a purchase), You may need to register for an account (“Company Account”) and provide certain information about yourself as prompted by the Services registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
2.2. You may delete Your Company Account at any time, for any reason, by following the instructions on the Services. Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company’s sole discretion.
2.3. Company will not be liable for any loss or damage arising from such suspension or termination, or from Your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized access to your Company Account.
2.4. You are solely responsible for the activity that occurs in your Company Account, and you must keep your Company Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Company Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Company Account.
3. USER CONTENT
By submitting User Content to the Services you hereby acknowledge that you have read and agreed to the User Content Terms, which are incorporated herein by reference. “User Content” means any and all information and content that You submit to, or use with, the Services (e.g., user comments and reviews).
4. ACCEPTABLE USE POLICY: RESTRICTIONS ON USE
4.1 Your use of the Site and
Services is subject to the following restrictions:
4.1.1 You may not use, sell, rent, lease, copy, modify, distribute, redistribute, licence, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorised use of the Materials without the Company’s prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, without the Company’s prior explicit written consent;
4.1.2. Except as expressly stated herein, no part of the Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company’s prior explicit written consent;
4.1.3. You shall not access the Services in order to build a similar or competitive service;
4.1.4. You may not use the Services or Materials in connection with material that promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission;
4.1.5. You shall comply with the applicable rules and laws related to the Services;
4.1.6. The Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
4.1.7. You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
4.1.8. You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Services, or attempt to gain unauthorised access to any portion of the Services through any means, or interfere with, corrupt, or disrupt the operation or performance of the Services or the ability of any other person to use them, including, without limitation, in connection to your use of any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
4.1.9. You may not violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Services, or Company’s systems, software or hardware in any way;
4.1.10. You may not use the Services or Materials in connection with any material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libellous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
4.2. Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
5.THIRD PARTY SERVICES
5.1. The Services might contain links to third party services, websites or advertisements for third parties, including but not limited to our business partners Endocanna Health Inc. and NuraLogix Corporation, as described below (collectively, “Third Party Services“).
Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
5.2. When You use a Third Party Service, the applicable third party’s terms and policies apply, including such third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services. Specifically:
5.3. To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Services’ users or Third Party Services.
6. PROFESSIONAL INFORMATION DISCLAIMER
The Services may make available certain information related to fields such as, without limitation, health, marijuana and medical or para-medical uses thereof, law, etc. (“Professional Information”). Such Professional Information is provided for educational and informational purposes only, and should not be interpreted as medical advice, professional advice, or a recommendation for a specific treatment plan, product, policy, or course of action. Company is not engaged in rendering professional services or advice via the Services and you should not construe the publication or availability of any Professional Information on the Service as constituting such services or advice.
No information (including Professional Information) appearing on our Services should be regarded as a substitute for consultation with a qualified professional be it regarding any medical, legal, or other matter. You are strongly encouraged to consult qualified professionals such as your qualified medical health care professional.
In addition, Professional Information is frequently updated, can change rapidly and therefore, some of it may be out of date.
7. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
7.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.2. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services; (b) your use of Third Party Services; (c) your violation of this Agreement or of applicable law; or (d) a violation of the rights of any other person or entity by You, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
9. TERM AND TERMINATION
9.1. Subject to this Section, this Agreement will remain in full force and effect while You use the Services. We may (a) suspend your rights to use the Services, or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement.
9.2. Upon termination of this Agreement, Your account and right to access and use the Services will terminate immediately. Company will not have any liability whatsoever to You for any termination of this Agreement.