BALKAN GROUP, INC. (CanWeedEh) WEBSITE TERMS OF SERVICE
These Terms of Service were last updated on July 1, 2017.
These Terms of Service ("Terms of Service") of CanWeedEh ("CanWeedEh" or the “Company” or the “Website” or "Us" or "We" or "Our" when possessive) govern Your use of Our website, www.canweedeh.ca (the "Website"). By accessing or using the Website You (the "Customer" or "End User" or "You" or "Your" when possessive) expressly accept all of the provisions of these Terms of Service. YOU REPRESENT, WARRANT AND COVENANT TO US THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
These Terms of Service include: (1) an arbitration provision; (2) a waiver of rights to bring a class action against Us; and (3) a release by You of all claims for damage against Us that may arise out of Your use of CanWeedEh Website.
THESE TERMS OF SERVICE WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THESE TERMS OF SERVICE WITH A LEGAL REPRESENTATIVE. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS OF SERVICE. YOU HAVE NO OBLIGATION TO USE THE WEBSITE OR AGREE TOO THESE TERMS OF SERVICE, BUT YOU ARE DOING SO VOLUNTARILY AND UNDERSTAND THAT CANWEEDEH MAY UPDATE THESE TERMS OF SERVICE IN ITS DISCRETION. YOUR USE OF THE WEBSITE IS EXPRESSLY SUBJECT TO YOU AGREEING TO THESE TERMS OF SERVICE, AND YOU MAY AND WILL NOT USE THE WEBSITE UNLESS AND UNTIL YOU HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.
- ACKNOWLEDGEMENTS; ABOUT CanWeedEh;
- About. CanWeedEh is committed to providing a social web based technology platform to individuals and businesses that also includes informative data and resources related to cannabis products and services, but not limited to cannabis retail locations directory, strain and food recipe description with reviews, user enabled ratings contribution, medical and investor related news, social interaction via group creations and share of images and videos including event planning and scheduling tools, (collectively, together with all other services provided by the “Website”, the “Services”).
- National Law. You may only use the Website in accordance with the laws of the jurisdiction in which You will use the Website. You represent and warrant that You know the law of such jurisdiction. Your use of the Website will be governed by the laws of the jurisdiction in which You use the Website, excluding disputes with CanWeedEh, as provided for in Articles 3, 4 and 5. We reserve the right to deny or cancel Your account for any reason, including, but not limited to Our determination that Your use of the Website is not permitted under the laws of Your jurisdiction. CanWeedEh proactively determines what country or jurisdiction You are in based on information provided by You to Us. We reserve the right to deny you use of the Website based on Your geographical location.
- Assumption of Risk. You assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with Your use the Website and the Services. You accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with Your use of the Website and the Services. You retain sole responsibility for ensuring your actions are compliant with applicable laws. You waive all claims against CanWeedEh, the Company, its owners, officers, employees, directors, agents and assigns, arising out of any activities You choose to undertake. You fully comprehend and accept all of the risks associated with Your use of the Website.
- YOUR ACCOUNT.
- Age and Account Requirements.TO USE THE WEBSITE, YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE. You must create an "Account” to use the Website Services, which requires You to provide certain information, including, but not limited to, given name, last name and email address. You are responsible for providing Us with and maintaining accurate contact information, including Your email address and any other information We may reasonably require.
- Usage Policy.The following sets forth CanWeedEh "Acceptable Use Policy":
(a) Compliance. (1) BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE OR SERVICES. IF YOU ARE USING THE WEBSITE OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT. (2) YOU WILL ONLY USE THE WEBSITE AND SERVICES IN FULL COMPLIANCE WITH THE LAWS AND REGULATIONS, APPLICABLE POLICIES OR GUIDANCE (collectively "Applicable Law") OF THE JURISDICTION IN WHICH YOU USE THE WEBSITE AND SERVICES. (3) You may not facilitate or promote illegal activities, including but not limited to facilitating the sale or purchase of illegal drugs, depicting or encouraging the use or sale of drugs by minors, providing the instructions for growing or manufacturing illegal drugs. (4) You will not use the Website for sending or storing any material prohibited by the Applicable Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct. (5) You will not use the Website to cause nuisance, annoyance or inconvenience. (6) You shall provide us with whatever proof of identity and other necessary verification documents as we may reasonably request at our discretion.
(b) General Restrictions. You agree not to use the Website to collect, upload, transmit, display, or distribute any General Content (as defined below) (1) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) that is unlawful in Your jurisdiction, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (3) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(c) Technological Restrictions. In addition, You agree not to use the Website to do any of the following: (1) Upload, transmit, or distribute any computer viruses, worms, malwares or any software intended to damage or alter a computer system or data. (2) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise. (3) Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent. (4) Interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies or procedures of such networks. (5) Attempt to or impersonate another user or CanWeedEh or gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means. (6) Harass or interfere with another user’s use and enjoyment of the Website. (7) Introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website.
(d) Representations and Warranties. You represent and warrant that You will not do any of the following: (1) Decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). (2) Use any means to discover the source code of any portion the Website. (3) Remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Website. (4). Distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Website in any unauthorized manner. (5) Otherwise circumvent any functionality that controls access to or otherwise protects the Website
- Breach of Acceptable Use Policy.WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT OR ANY CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION THAT VIOLATES THE ACCEPTABLE USE POLICY IN THESE TERMS OF SERVICE. FURTHER, IF YOU BREACH THESE RESTRICTIONS, YOUR LIMITED LICENSE GRANTED HEREIN SHALL IMMEDIATELY TERMINATE AND YOU MAY BE SUBJECT TO PROSECUTION AND DAMAGES.
- GENERAL PROVISIONS.
- Termination.We reserve the right to review any of Your Content (including any image files, posts and reviews), investigate, and/or take appropriate action against You in Our sole discretion (including removing or modifying Your Content, terminating Your account, and/or reporting You to law enforcement authorities) if We in Our sole discretion suspect that You have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create, directly or indirectly, liability for Us or any other person.
WE REVIEW YOUR CONTENT THAT HAS BEEN REPORTED TO BE INAPPROPRIATE AND, IF IN OUR SOLE DISCRETION, WE DETERMINE THAT YOUR CONTENT VIOLATES THESE TERMS OF SERVICE INCLUDING THE ACCEPTABLE USE POLICY WE WILL REMOVE YOUR CONTENT AND MAY SUSPEND OR TERMINATE YOUR ACCOUNT.
A termination will not limit any of CanWeedEh other rights or remedies at law or in equity. Article 4, Indemnification and any other provision by its nature is intended to survive termination (does survives termination) of this Agreement.
- Injunctive Relief.You agree that a breach of these Terms of Service will cause irreparable injury to CanWeedEh for which monetary damages would not be an adequate remedy and We shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- Miscellaneous.These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of CanWeedEh and it may do so in its sole discretion. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by CanWeedEh but may not be assigned by You without the prior express written consent of CanWeedEh. Any attempt by You to assign these Terms of Service without the written consent of CanWeedEh shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. You and CanWeedEh agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Service. In the event of any dispute with or involving CanWeedEh, the laws of the Province of Ontario in Canada (excluding any conflicts and choice of law rules), exclusively govern these Terms of Service, Your use of the Website and Services, and Your rights. Your use of the Website may also be subject to other local jurisdictions, national, or international laws.
- Modifications.We may occasionally update these Terms of Service. When We do update these Terms of Service, We will also revise the “Last Updated” date at the top of these Terms of Service. If We make changes to these Terms of Service that, in Our discretion, We consider significant, We will post the updated Terms of Service on the Website and We may also send emails to Our users who have created an Account containing a link to the revised Terms of Service. If You continue to use the Website after We post an update to these Terms of Service, You indicate Your acceptance of the updated Terms of Service.
- You agree to indemnify and hold The Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (1) your use of the Website or Services, (2) your Content, (3) your violation of this Agreement; or (4) your violation of applicable laws or regulations. CanWeedEh 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 Our prior written consent. CanWeedEh will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- You agree to indemnify and hold The Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. CanWeedEh reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in connection therewith.
- LIABILITY AND CLASS ACTION WAIVER.
By using the Website or the Service in any manner, you agree to GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
- Arbitration. Any dispute or claim arising in any way from Your use of the Website except for disputes relating to the infringement of Our intellectual property rights or the access or use of the Website in violation of these Terms of Service, will be resolved by neutral arbitration, rather than in court.
- Arbitrator and Rules. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Company may be commenced only in the federal or provincial courts located in Province of Ontario, Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and The Company, shall be governed by the laws of the province of Ontario without regard to principles of conflicts of law.
- Limitation Period. In no event shall any claim, action or proceeding by You or CanWeedEh be instituted more than one (1) year after the cause of action arose.
- Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- THIRD PARTY WEBSITES & OTHER USERS.
- Third Party Websites & Ads. The Website might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Websites & Ads”). Such Third Party Websites & Ads are not under the control of CanWeedEh and We are not responsible for any Third Party Websites & Ads. The Company provides these Third Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads. You use all Third Party Websites & Ads at your own risk. When you link to a Third Party Websites & Ad, the applicable third party’s terms and policies apply, including the 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 Websites & Ads.
- Other Users Each Website user is solely responsible for any and all of its Content. You acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content, and we assume no responsibility for any Content. Your interactions with other Website or Service users are solely between you and such user. You agree that CanWeedEh will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website or Service user, we are under no obligation to become involved.
- Release You hereby release and forever discharge Us and our officers, employees, agents, successors, assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), 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 Website or Service users or Third Party Websites & Ads.
- WARRANTY DISCLAIMER
THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CANWEEDEH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CANWEEDEH DOES NOT WARRANT THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (3) THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, CANWEEDEH DISCLAIMS, ALL LIABILITY WITH RESPECT TO ACTIONS YOU MAY TAKE OR DO NOT TAKE BASED ON YOUR CONTENT OR USE OF THE WEBSITE AND SERVICES.
- COPY RIGHTS & TRADEMARK
The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of The Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of CanWeedEh. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The provision of the Website and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights not granted in this Agreement.