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© 2019 by CannaBizConnects. All Rights Reserved.

Terms & Conditions  ⎮  Privacy Policy

Terms & Conditions

Welcome to the CannaBizConnects app. CannaBizConnects supports the cannabis industry by providing valuable information on businesses and assisting businesses in making useful and productive connections. CannaBizConnects provides its services through an app for mobile devices and its website.

 

This agreement (“Agreement”) defines the terms and conditions under which you (sometimes referred to in this Agreement as "You" or "Your") are authorized to use the CannaBizConnects app (the “App”) and the website.  The App includes, without limitation, access and use of services and content including, without limitation, a directory of Cannabis businesses.  The App is developed and owned by CannaBizConnects.

 

SECTION 12(h) OF THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH CANNABIZCONNECTS ARE RESOLVED. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. 

 

Please read this Agreement carefully.  You must not use this App or the website if you do not agree to its terms.  

 

  1. The App.

    1. The App provides a versatile directory of information on licensed vendors and other participants in the legal cannabis industry (the “Directory”) including, without limitation, the goods and services provided by the business, contact information and connections to social media accounts of the business.  

    2. The App includes a platform through which users can make connections and transmit communications to each other (the "Messaging Platform").

    3. Only users who have created an “Account” and are registered participants are permitted to review the Directory and use the Messaging Platform.  Each user who opens an Account is referred to in this Agreement as a “Member.”  A Member is typically a business entity and not an individual. If you are using the App or website on behalf of a business, you represent that you have the authority to bind the business to this Agreement, the Privacy Statement, and any other agreements arising from or related to the business’s relationship with CannaBizConnects.

    4. You understand and agree that CannaBizConnects may rely on and use one or more third-party vendors to provide the technology infrastructure to support the operation and use of the App including, without limitation, servers, software, storage, and networking. 

    5. CannaBizConnects reserves its right, with or without notice, to institute fees or other costs that must be paid by users prior to access or use of the services and content on the App.  Such fees or costs may be either one time or sustaining.

    6. CannaBizConnects reserves the right at any time, with or without notice, to modify your Account or discontinue, temporarily or permanently, access to an Account.

  2. Members.  The following applies to each user of the App that registers as a Member:

    1. On creation of an Account and as a continuing requirement to be a Member, You must provide certain personal information to CannaBizConnects such as Your name, address and email address (collectively, a “Profile”).  You must not use a false name or impersonate another person.  You represent and warrant that all information submitted to Your Account and Profile is accurate and complete.  

    2. Each Account is protected by a password selected by the Member.  You are responsible for protecting the confidentiality of Your Account password.  

    3. As a Member, You gain access to additional features subject to the terms and conditions of this Agreement. You are solely responsible for all activity that occurs on Your Account.

    4. Member consents to CannaBizConnects advertising and promoting the Member’s business within context of the App and website.  Member consents to CannaBizConnects identifying Member as a user or Member of the App and website.

  3. Member Posting Content.

    1. As a Member, You may upload or post content to the App (collectively, “User Content”) including, without limitation, messages transmitted to other Members.  Your User Content remains Yours.  

    2. You grant CannaBizConnects a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media, Your User Content solely in the context in which it was provided to CannaBizConnects.  For example, a direct message to a specific Member will only be displayed to that specific Member. However, a general broadcast message may be posted and displayed in any context where a user can view it.  

    3. You grant CannaBizConnects a perpetual and irrevocable right to use Your User Content in connection with the operation and use of the App.  You also grant CannaBizConnects the right to use Your name in connection with Your User Content. The rights granted to CannaBizConnects in this subsection may be sub-licensed to its vendors and affiliates in connection with the operation and use of the App.

    4. User Content must not be obscene, pornographic, offensive, threatening, abusive, libelous, defamatory, illegal or otherwise injurious or objectionable to third parties.  User Content must not infringe the right of privacy or intellectual property rights of any third party.  User Content must not be unsolicited commercial activity such as advertising material, sweepstakes, contests or spam.  

    5. You represent and warrant that You own the User Content or own rights in the User Content sufficient for any and all uses of the User Content on the App or as otherwise authorized by this Agreement.  You agree to indemnify and hold harmless CannaBizConnects for all claims arising from Your User Content.  CannaBizConnects assumes no liability or responsibility for any content submitted by You or any third party.

    6. CannaBizConnects may, but has no obligation to, remove User Content or Accounts containing content that it determines, in its sole discretion, is contrary to the terms of this Agreement or any other rule, policy or guideline associated with the App.  It is the policy of CannaBizConnects to terminate, in appropriate circumstances, the access rights of repeat infringers.

    7. In the event CannaBizConnects receives a complaint or demand that any User Content infringes a third party’s copyright, CannaBizConnects will comply with all procedures required by law including, without limitation, the notice and takedown procedure under the Digital Millennium Copyright Act.  

  4. Use of the App.

    1. Subject to Your compliance with the terms and conditions of this Agreement, CannaBizConnects grants You a non-exclusive, non-transferable, revocable, non-sublicense-able license to access the content and use the services on the App solely for its intended purpose.

    2. Data is stored in the cloud; download to the App.  

    3. During the authorized operation and use of the App, the software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to Your device (the “Cached Information”).  The Cached Information must be stored solely on Your device and used solely in support of the authorized operation and use of the App and for no other purpose. The Cached Information may be transmitted to the App or website using Your device’s data connection.  You are solely responsible for establishing the data connection on Your device and You are solely responsible for all costs associated with the data connection.  

    4. You must not modify or remove any proprietary notices, including copyright notices, contained on the App or any materials obtained in connection with the use of the App.

    5. Use of the App is restricted to individuals who are twenty-one (21) years of age or older.  You must not use the App if You are under twenty-one (21) years of age. 

    6. CannaBizConnects reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. 

  5. Additional Limitations On Use.  In addition to any other restriction or limitation set forth in this Agreement, You agree to the following limitations on the access and use of the App:

    1. You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the App, or any portion thereof, unless expressly permitted or required by law, or You have written authorization from CannaBizConnects to do so; 

    2. You may not reproduce any portion of the App to any other device or replicate any portion of the App;

    3. You may not modify or create derivative works of any portion of the App including, without limitation, translating any content into another language or implementing the App in a different computer language;

  6. Privacy Policy.  CannaBizConnects’ Privacy Policy is an integral part of, and incorporated into, this Agreement.  The Privacy Policy can be found in the app under Privacy Policy in the menu section or by contacting CannaBizConnects to request a copy of the policy.

  7. Proprietary Rights.

    1. As between You and CannaBizConnects, You acknowledge and agree that CannaBizConnects (including its licensors) is the sole owner of the App and the website.  

    2. The App and the website are protected by United States and international copyright and trademark laws.  In connection with the intended operation and function of the App, no portion of the content or information contained within the App or content or information delivered as a result of visiting the App may be reprinted, republished, modified, or distributed in any form without the express written permission of CannaBizConnects.  

    3. All User Content continues to be owned by the applicable user who posted or uploaded the content to the App.

    4. All rights not expressly granted by this Agreement are reserved by CannabizConnects.

  8. Report of Infringement.  In the event You want to file a complaint that any User Content infringes the copyright of a third party, please note the following:

    1. Please submit a report of in writing to CannaBizConnects with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

    2. CannaBizConnects's designated agent for notice of such claims is the following:  Copyright Agent | CannaBizConnects | [street address] | [city, state, zip code].  [submit Designation of Agent to Receive Notification of Claimed Infringement to Copyright Office:  http://www.copyright.gov/onlinesp/.] 

  9. Warranty Disclaimer; Limitation of Liability.  

    1. THIS APP INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, DATA, AND OTHER CONTENT CONTAINED WITHIN IT AND ALL INFORMATION, DATA AND OTHER CONTENT DELIVERED AS A RESULT OF USING THE APP, IS PROVIDED “AS IS” AND “AS AVAILABLE.” CANNABIZCONNECTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  TO THE FULL EXTENT PERMISSIBLE BY LAW, CANNABIZCONNECTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS APP, HYPERLINKED CONTENT AND ANY THIRD PARTY SERVICES.

    2. CANNABIZCONNECTS, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE APP, ANY INFORMATION, DATA OR OTHER CONTENT CONTAINED WITHIN THE APP, ANY INFORMATION, DATA OR OTHER CONTENT DELIVERED AS A RESULT OF USING THE APP, OR ANY HYPERLINKED CONTENT. USER’S SOLE REMEDY FOR A BREACH OF THIS AGREEMENT BY CANNABIZCONNECTS IS TO STOP USING THE APP.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CANNABIZCONNECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  10. Termination of the Agreement.  

    1. You may terminate or cancel this Agreement at any time, with or without cause, by providing CannaBizConnects with written notice.  Notice must be sent either by email with a subject line of “Cancellation of Services” or by U.S. First Class Mail, Return Receipt requested and postage prepaid.  Email and postal address are found below in the Communication section. Notice to CannaBizConnects is given only on receipt by CannaBizConnects.  

    2. CannaBizConnects may terminate or cancel this Agreement at any time, with or without cause, by providing You with a minimum of 15 days prior written notice.  

    3. CannaBizConnects has the right to immediately terminate this Agreement if You have been provided a minimum of 5 days prior written notice of any breach of this Agreement but You fail to cure each breach identified in the notice.

    4. On the termination date, You will lose all access to Your Account and other features and functionality of the App granted to Members.  CannaBizConnects has the right to immediately remove or delete all of Your User Content from the App.

  11. Communication.

    1. Contact information for CannaBizConnects:

      1. email:     [info@cannabizconnects.com]

      2. address (by USPSor courier): App Support Services | CannabizConnects | [street address unavailable] | [Santa Rosa, CA 95409].  

    2. CannaBizConnects and its affiliates may provide notice under this Agreement or transmit other communications either by electronic means (e.g. email, text message) or U.S. First Class Mail.  Notice is deemed to have been given when transmitted to the email, mobile phone number or postal address in Your Profile.  You are obligated to update CannaBizConnects’ records with current contact information including, without limitation, contact information in Your Profile.

    3. If you have not registered as a Member but send CannaBizConnects an electronic message (e.g. email, text message, App communication feature), you consent to receiving electronic communications from CannaBizConnects and its affiliates.

  12. General Terms.  

    1. No Agency.  You are not an agent or employee of CannaBizConnects and You have no authority to bind CannaBizConnects by contract or otherwise.

    2. Entire Agreement. This Agreement is the entire agreement between You and CannaBizConnects pertaining to the subject matter of this Agreement. It supersedes all prior written and oral statements, including any prior representation or statement.  

    3. Acceptance of this Agreement.  You will accept this Agreement by clicking on “Accept,” “I agree” or a similar button when the Agreement is presented to You as part of the registration process.  If You are a non-registered user of the App, You accept this Agreement by accessing and using the App and/or downloading the app on your mobile device.

    4. Modification of this Agreement.  If You are registered, CannaBizConnects may modify this Agreement by providing You with written notice to the email or address in Your Profile a minimum of 15 days prior to the effective date of such modifications.  If You are not registered, CannaBizConnects may modify this Agreement by posting notice of the revised version of this Agreement on the home screen of the App or a push notification to your device, a minimum of 15 days prior to the effective date of the new or modified version of this Agreement. Your continued use of this App indicates an agreement to be bound by the revised Agreement.

    5. No Waiver.  The observance of any provision of this Agreement may be waived only with the written consent of You and CannaBizConnects.  The failure by either party to enforce any rights under this Agreement is not a waiver of such right then or in the future.

    6. Sever-ability.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic and business intent of the parties, and the remainder of this Agreement will continue in full force and effect.

    7. Transfer of Rights.  You do not have the right assign, transfer or sublicense this Agreement including, without limitation, any rights to use the App. Any unauthorized attempt to assign, transfer or sublicense is void.  CannaBizConnects has the right to assign, transfer and sublicense this Agreement without restriction and in its sole discretion.

    8. Dispute Resolution. 

      1. Before initiating any legal proceeding, You agree to report your issue or concern to CannaBizConnects (see "Communication" provision above).  You agree to negotiate with CannaBizConnects in good faith to resolve your issue or concern.  Either you or CannaBizConnects may initiate a legal proceeding if your issue or concern is not resolved within 15 days of receipt by CannaBizConnects.

      2. Either party may bring a legal proceeding to seek an injunction, specific performance or other equitable relief to prevent the actual or threatened abuse or other unauthorized use of the App, or to prevent the actual or threatened infringement of any intellectual property right.

      3. NO CLASS ACTIONS. You may only resolve disputes with CannaBizConnects on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You understand and agree that class arbitrations, class actions, private attorney general actions and consolidation with other legal proceedings is not permitted.

    9. Choice of Law and Venue.  This Agreement is entered into in the State of California and is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the County of Sonoma in the State of California and waives any objection based on jurisdiction, venue, or inconvenient forum.

    10. Cancellation.  You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month/year in order to avoid being charged for the next month’s/year’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly/yearly Subscription Period. LIFETIME SUBSCRIPTIONS DO NOT APPLY.

    11. No Refunds.  REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. In such a circumstance, you will continue to have access to your Subscription until the end of your current billing cycle. CannaBizConnects and its affiliates reserve the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.