This website at cannagardening.com (the “Site”), including the services and products offered on it are provided by CANNA CONTINENTAL or its affiliates (hereinafter, “CANNA”).
The following Terms of Use (“Terms of Use”) apply to access and use of this Site. In accessing and using this Site, you unconditionally accept these conditions. This Site is intended for use by individuals over the age of 18 living in the United States or any of its territories or possessions. By accessing or using the Site, you accept and agree to be bound by the Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.
General
CANNA specializes in the sale of growth and flowering products. CANNA sells only to companies that comply with CANNA’s reseller requirements, including acceptance of CANNA’s general conditions. CANNA does not sell to private individuals.
Content
All photos, text, graphics, videos, audio material, brochures, software, and all other material on the Site (the “Information”) are made available only for amusement and informative purposes. All Information can be changed at any time without giving prior notice. The rights relating to this Site and Information, including the domain name, copyrights, trademarks, trade names, brand names, trade dress, logos, and all other material are owned by CANNA and/or its licensors or affiliates. CANNA and its affiliates and/or licensors retain all rights regarding the Information and Site.
Limited License
The Site, including, but not limited to, all Information, is the sole property of CANNA, its affiliates or licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws. All Information is provided as a service to users of the Site. Subject to the limited license set forth below, nothing contained in these Terms of Use shall be construed as conferring any right, title, or interest in the Information.
Upon your acceptance of these Terms of Use, CANNA grants you a limited, non-transferable, non-sublicensable, non-exclusive revocable license to access and use the Information in the United States for your personal, non-commercial use only, and you may download and print a single copy of the Information on the Site. This license is subject to the following restrictions: (i) except for the limited license set forth above, you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Information without the prior written permission of CANNA; (ii) you may not permit any copying of the Information; and (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Information from the Site. Any unauthorized copying, alteration, distribution, transmission, performance or display of the Information is prohibited. CANNA may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by CANNA.
You may not use any hardware, software, or bots intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt the operation of the Site in any way. You agree not to take any action that violates these Terms of Use or otherwise restricts or limits any other person’s ability to use or enjoy the Site or the Information, as determined by CANNA in its sole discretion.
Disclaimer
CANNA does not guarantee that the Information is correct, current or complete. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CANNA DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANNA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANNA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CANNA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Restriction of Liability
CANNA will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. CANNA will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the Information on this Site, even if there is negligence or CANNA or an authorized CANNA representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
Indemnification
You agree to indemnify and hold harmless CANNA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or use of the Site, including, but not limited to: (i) any use of the Information other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site; (ii) all claims arising from your fraud, intentional misconduct, criminal acts or gross negligence; and (iii) any remarks, suggestions, ideas, graphics, text, photos, videos, audio, or other information you submit to CANNA through this Site. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees), arising or resulting from that disruption.
Third-Party Links and References
The Site may contain references in the form of hyperlinks, banners or buttons to third-party websites. CANNA has no authority over these websites. CANNA is not responsible for the content of these websites.
Security
CANNA takes reasonable precautions to protect its system and data against loss and/or any form of illegal use. CANNA uses appropriate technical and organizational security measures to implement this data protection, which includes, among other things, taking into account the state of current technology.
Privacy
For details regarding CANNA’s privacy practices, please see our Privacy Policy, which is incorporated herein. www.cannagardening.com/privacy
Modifications
CANNA reserves the right to revise and update the Terms of Use at any time and at its sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Site thereafter. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Site following posting of revised Terms of Use means that you accept and agree to the changes.
User Name and Password
In using the Site, you have the ability to create a User Name and Password for the My CANNA section. You are responsible for maintaining the security of your User Name and Password for the Site. We will accept the instructions of any individual who claims to be authorized to direct changes to your User Name and Password so long as such person presents the User Name and Password or provides other appropriate account identifying information, as determined by us in our sole discretion.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to CANNA through this Site (together, the “Submission”) will forever be the property of CANNA. CANNA will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future CANNA operations. Without limitation, CANNA will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, CANNA will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.
Personally identifiable information that may be received at this Site is provided voluntarily by a visitor to this Site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of CANNA or to other entities who are not involved in the operation of this Site. You acknowledge that you are responsible for whatever material you submit, and you, not CANNA have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You agree that any material you submit does not violate the intellectual property rights, or any other rights, of any third party.
Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. By accessing the Site you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the exclusive venue for any disputes relating to the Site and/or the Information. You agree to resolve any claims relating to this Site and the Information through final and binding arbitration before a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Los Angeles, California.
You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site.