| Terms and Conditions of Service and Membership |
LEGAL NOTICE: YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS ARE REQUIRED FOR YOU TO LEGALLY ACCESS AND USE THIS WEBSITE AND ANY SERVICES PROVIDED THROUGH THIS WEBSITE AND TO BECOME A MEMBER OF THIS WEBSITE . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT HAVE LEGAL PERMISSION TO ACCESS OR VIEW THE CONTENTS OF THIS WEBSITE AND YOU WILL NOT BE ACCEPTED AS A MEMBER OR SUBSCRIBER OF THIS WEBSITE.
PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY YOUR CONTINUING USE OF THE WEBSITE, OR BY CLICKING THE "I ACCEPT" BUTTON AT THE END OF THESE TERMS AND CONDITIONS IF SUCH BUTTON IS PROVIDED, WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITEYOU'RE YOUR UNEQUIVOCABLE ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS.
1. TERMS OF USE. You acknowledge and agree that Your use and access to this website, www.cannagen.com, and all the services provided through this website (collectively hereinafter referred to interchangeably as "Website" or "Sevices") is subject to the terms of a legal agreement between you and Cannagen LLC, owner of this Website (hereafter "Company") as set forth in these Terms and Conditions of Service and Membership (hereafter referred to as the "Agreement").
1.1 The parties to this Membership Agreement (the "Agreement") are You, the Member, and Company. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to You, the Member, Subscriber or User of the Website.
1.2 In order to use the Website, You must first agree to the terms and conditions as set for in this Agreement. You may not use or access the Website if you do not accept the Terms.
1.3 You can accept the Terms by either:
(A) clicking to accept or agree to these Terms and Conditions, if this option is made available to You by Company in the user interface for this Webstie; or
(B) using the Services or accessing the Website. In this case, You understand and agree that Company will treat Your use of the Services and Website as acceptance of the Terms and Conditions from that point onwards.
1.4 You acknowledge that You understand that You may not use the Services and may not accept thesse Terms and Conditions if (a) You are not of legal age to form a binding contract with Company, or (b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
1.5 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
2. OWNERSHIP OF WEBSITE CONTENT. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and in accordance with the terms and conditions of this Website.
2.1 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
3. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Materials from the Website.
4. TRANSFER OR ASSIGNMENT OF MEMBERSHIP. You agree that as a Member of the Website You shall not, under any circumstances, have the right to transfer or assign Your membership to any other person or entity, and that any attempted transfer or assignment of a membership shall be void.
4.1 Your further agree that the Company, may at any time at its sole discretion and without prior notice to You, transfer or assign Your membership in the Website to an affiliated or non-affiliated Company.
5. TERMINATION OF MEMBERSHIP. Membership to the Website may be terminated at any time, and without cause, by either You or Company.
6. PASSWORD SECURITY. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. Each Member must keep his password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Website is subject to immediate termination without notice.
7. NO WARRANTIES; LIMITATIONS ON COMPANY'S LIABILITY. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
7.1 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
8. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
8.1 You acknowledge that You understand that we do not screen or endorse advertisements or communications submitted to the Website by third-party licensees, advertisers, or Members for electronic dissemination through the Website, nor do we have any editorial control or supervision over such content. Members are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing or using goods and/or services described at the Website or otherwise responding to any communication at the Website.
8.2 You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by users of the Website, and that You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Website.
8.3 You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Company has no editorial control or supervision over selection or display of the content provided by those third-parties or those third-party websites and those parties are wholly and solely responsible and liable for the content they provide to You.
9. RESTRICTIONS ON MEMBERS' COMMUNICATIONS; MEMBER LIABILITY. If the Company should, at any time, provide any service which enables Subscribers to communicate with or otherwise share information with other Members or Users of the Website, or persons providing any kind of service to Members or Users of the Website, or post information at, in or on the Website, You agree not to post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using the Website or other services provided to You by the Company, any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling the Company to immediately terminate all rights to access the Website without notice or reimbursement, if any. You agree that You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through the Website, even if a claim should arise after termination of service.
9.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
10. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE. You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
11. TRADEMARK AND SERVICE MARK. The name of this Website is a service mark of Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
12. LIABILITY OF MEMBERS OR WEBSITE USERS FOR INFORMATION THEY POST. If the Company should at any time provide any service which enables Members or other Users of the Website to communicate with or otherwise share information with other Members, Website Users or persons providing any kind or service to Members or Website Users, or post information at, in or on the Website, You agree and warrant that You shall not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person while connected to or otherwise directly or indirectly using the Website or other services provided to You by Company.
12.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
13. NOTICES TO COMPANY OR WEBSITE USERS. Notices from the Website to Members or Users of the website, including You, may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
All notices to the company shall be sent by electronic mail to admin@cannagen.com or by conventional mail to PO Box 160568 Sacramento, CA 95816-0568
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between You and Company regarding Your use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
15. VENUE AND JURISDICTION, CHOICE OF LAW. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Venue for any and all legal disputes shall be Los Angeles, California.
16. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
17. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions. Your use of the Website, including without limitation, Your registering as a member or User of this Website, shall constitute Your acceptance and affirmation of these Terms and Conditions of Service and Membership.
|
 |
|
| Recent Comments |
|
|
 |
| Recent Forum Posts |
|
|
|
|
