Terms of service

CANNADOR.COM TERMS OF USE AND PURCHASE AGREEMENT

 

PLEASE READ THIS TERMS OF USE AND PURCHASE AGREEMENT (“TERMS”) CAREFULLY BEFORE USING CANNADOR.COM. BY USING CANNADOR.COM YOU AGREE TO BE BOUND BY THE TERMS, WHICH GOVERN YOUR RELATIONSHIP WITH HUMIDICORP LLC (“HUMIDICORP”, “WE”, “US” OR “OUR”), THE OWNER OF CANNADOR.COM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT VISIT, DISPLAY, OR USE CANNADOR.COM.

CANNADOR.COM IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE. BY USING CANNADOR.COM OR PURCHASING GOODS ON CANNADOR.COM, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, DO NOT USE CANNADOR.COM OR PURCHASE THE GOODS OFFERED FOR SALE ON CANNADOR.COM.

CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to CANNADOR.COM, Humidicorp (A) asserts that the content on CANNADOR.COM does not infringe on the intellectual property rights of any third party; (B) that the content on CANNADOR.COM is free from changes caused by a third party; (C) your access to CANNADOR.COM will be free from interruptions, errors, computer viruses or other harmful components; and/or (D) any information obtained in response to questions asked through, or postings made on, CANNADOR.COM is accurate or complete.

AGE AND COMPETENCE. You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. CANNADOR.COM IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE. BY USING CANNADOR.COM OR PURCHASING GOODS ON CANNADOR.COM, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, DO NOT USE CANNADOR.COM OR PURCHASE THE GOODS OFFERED FOR SALE ON CANNADOR.COM.

DISCLAIMERS.

NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF CANNADOR.COM IS AT YOUR SOLE RISK. CANNADOR.COM AND THE CONTENT ON CANNADOR.COM IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HUMIDICORP PROVIDES CANNADOR.COM AND THE GOODS OFFERED ON CANNADOR.COM ON A COMMERCIALLY REASONABLE BASIS AND HUMIDICORP MAKES NO REPRESENTATIONS OR WARRANTIES THAT CANNADOR.COM OR THE CONTENT ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT WILL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB PAGES ON CANNADOR.COM, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH CANNADOR.COM ARE OR WILL REMAIN FREE FROM ANY COMPUTER VIRUSES (E.G., WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS), OR THAT ANY PERSON USING CANNADOR.COM WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. HUMIDICORP DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CANNADOR.COM.

INDEMNIFICATION. You agree to defend, indemnify and hold Humidicorp and its affiliates, subsidiaries, owners, governors, managers, members, employees and agents harmless from and against any and all civil and criminal claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Humidicorp, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

ARBITRATION AND CLASS ACTION WAIVER. YOU AGREE TO LIMIT YOUR DISPUTE(S) TO INDIVIDUAL CLAIMS AND WAIVE YOUR RIGHT TO COLLECTIVE OR CLASS ACTION METHODS OF RESOLVING YOUR DISPUTE. IN AGREEING TO ARBITRATION, YOU AND HUMIDICORP ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE ARISING FROM THE TERMS, BOTH YOU AND HUMIDICORP ARE GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION. You and Humidicorp expressly agree that the intent of this arbitration provision is to provide a quick and efficient resolution to any potential dispute. If any provision of the Terms is deemed invalid by the Arbitrator, the extent of such invalidity or unenforceability will not destroy your intent and Humidicorp’s intent to arbitrate the dispute on an expedited basis and the remainder of the arbitration provisions in these Terms will not be affected thereby and must be enforced to the greatest extent permitted by law.

SALE OF GOODS.

PAYMENTS. By placing an order on CANNADOR.COM, you authorize Humidicorp to charge the credit card you use to make a purchase. If you return goods purchased on CANNADOR.COM in accordance with the Return Policy below, you also authorize Humidicorp to refund any charges to the credit card you used to make the initial purchase.

DELIVERY. Your order will be processed within two to three business days. Title to goods purchased on CANNADOR.COM passes once Humidicorp transfers possession of the goods in your order to a courier. You agree that Humidicorp will not be liable for any damage to your order during transit by a courier. You further agree that Humidicorp is not liable for any failure to process or deliver your order if the failure is occasioned by fire, embargo, strike, inability to secure materials or any other circumstances beyond Humidicorp’s control.

RETURNS. You may return goods purchased on CANNADOR.COM if you (i) ship the goods back to the shippers address via prepaid courier or postal service within (ii) fifteen (15) days of purchase on CANNADOR.COM, (iii) the returned goods are in new-in-box, unused, undamaged condition, and (iv) the returned goods are accompanied by a copy of an authentic CANNADOR.COM receipt. Refunds will be processed in accordance with Payments Paragraph above; refunded amounts may include a fifteen (15%) re-stocking fee.  You may not return custom goods for a refund.

ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. If there is an error in a payment to Humidicorp arising from a purchase you made on CANNADOR.COM, you must send an email to info@cannador.com immediately. The email body should contain a detailed account of the alleged error including the amount of the error, the last four digits of the credit card used for the purchase on CANNADOR.COM, and your contact information including a telephone number. If the error in payment relates to the return of merchandise, Humidicorp’s Return Policy below will govern. Failure to specifically follow these provisions and the Return Policy below will waive any rights you may have at law or in equity against Humidicorp.

SPECIFICATIONS AND WARRANTIES. HUMIDICORP MAKES NO WARRANTIES FOR ANY GOODS SOLD ON CANNADOR.COM, EXPRESS OR IMPLIED. HUMIDICORP ALSO MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS. YOU ACKNOWLEDGE AND AGREE THAT HUMIDICORP MAKES NO WARRANTIES FOR ANY GOODS SOLD ON CANNADOR.COM, EXPRESS OR IMPLIED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HUMIDICORP MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS. YOUR PURCHASE OF GOODS ON CANNADOR.COM IS MADE ON AN AS-IS, WHERE-IS BASIS.

LIMITATION OF LIABILITY. HUMIDICORP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF CANNADOR.COM OR THE PURCHASE OF ANY GOODS OFFERED IN CONNECTION WITH CANNADOR.COM IS LIMITED TO THE PURCHASE PRICE YOU PAID TO HUMIDICORP GIVING RISE TO THE LIABILITY. IN NO EVENT WILL HUMIDICORP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CANNADOR.COM OR YOUR PURCHASE OR USE OF ANY GOODS PROVIDED IN CONNECTION WITH CANNADOR.COM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CANNADOR.COM OR PURCHASE OR USE OF GOODS PROVIDED IN CONNECTION WITH CANNADOR.COM, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CANNADOR.COM, PURCHASE OR USE OF GOODS PROVIDED IN CONNECTION WITH CANNADOR.COM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CANNADOR.COM, ANY GOODS PROVIDED IN CONNECTION WITH CANNADOR.COM, AND/OR (E) ANY COMPUTER VIRUSES (E.G., WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS) THAT MAY BE TRANSMITTED TO OR THROUGH CANNADOR.COM, AND/OR ANY CONTENT OR INFORMATION PROVIDED IN CONNECTION WITH CANNADOR.COM BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THOSE STATES OR JURISDICTIONS HUMIDICORP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

PRIVACY. Any personal data you submit on CANNADOR.COM will be handled in accordance with the following Privacy Policy:

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION? If, upon visiting CANNADOR.COM, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we will request personally identifiable information such as names, addresses, and credit card information if purchase goods on CANNADOR.COM.

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION? CANNADOR.COM uses Secure Socket Layer or SSL technology to transmit personally identifiable information. Humidicorp is committed to protecting the security and confidentiality of any information you submit to CANNADOR.COM in connection with the purchase of goods sold on CANNADOR.COM.

PRIVACY POLICIES OF THIRD PARTIES. Third parties that have links on CANNADOR.COM may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of third party websites that are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator or webmaster of the specific third-party website.

WITH WHOM DO WE SHARE INFORMATION? Humidicorp will not disclose your information such as email addresses, purchase histories, or payment methods, to third parties except in the following circumstances or under the provisions of Humidicorp’s Privacy Policy below. We will disclose your information: (i) where disclosure is necessary for completing payments or to resolve a problem related to a payment; (ii) to persons authorized by law in the course of their official duties; (iii) to comply with a government agency or court order (e.g., a lawful subpoena); (iv) to Humidicorp employees, accountants, auditors, service providers, attorneys, or agents in the course of their duties; or (v) if you give Humidicorp written permission (including by email).

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY? It is important to remember that whenever you voluntarily disclose personal information online, your information can be collected and used by others. If you transmit personal information online that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for CANNADOR.COM or otherwise. All such transmission of information is at your own risk.

THIRD PARTY CONTENT.

Humidicorp may provide hyperlinks to other web sites maintained by third parties, or Humidicorp may provide third party content on CANNADOR.COM by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY HYPERLINKED WEB SITE IS NOT UNDER HUMIDICORP’S CONTROL AND HUMIDICORP IS NOT RESPONSIBLE FOR THE CONTENT OF HYPERLINKED WEB SITES, INCLUDING ANY FURTHER HYPERLINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES HYPERLINKED TO CANNADOR.COM, YOU DO SO ENTIRELY AT YOUR OWN RISK.

If a third party hyperlinks to CANNADOR.COM, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Humidicorp. In most cases, Humidicorp is not even aware that a third party has linked to CANNADOR.COM. A web site that links to CANNADOR.COM: (i) may hyperlink to, but not replicate the content of CANNADOR.COM ; (ii) may not create a browser, border environment or frame the content of CANNADOR.COM; (iii) may not imply that Humidicorp is endorsing it or its products; (iv) may not misrepresent its relationship with Humidicorp; (v) may not present false or misleading information about Humidicorp’s products; and (vi) should not include content that could be construed as distasteful, offensive or controversial.

COPYRIGHT AND TRADEMARKS. Humidicorp is the owner or authorized licensee of the trademarks, service marks, trade dress, and logos used and displayed on goods offered for sale on CANNADOR.COM. Humidicorp is the copyright owner or authorized licensee of all text and all graphics contained on CANNADOR.COM. The trademarks and service marks related to press or news media endorsements that may be referred to on CANNADOR.COM are the property of their respective owners. Nothing on CANNADOR.COM should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Humidicorp’s trademarks or service marks without Humidicorp’s prior written permission.

LOCAL LAWS. Humidicorp makes no representation that content or materials on CANNADOR.COM are legal, appropriate, or available for use in jurisdictions outside the United States. Access to CANNADOR.COM from jurisdictions where such access is illegal is prohibited. If you are located in a jurisdiction where the content of cannador.com or the goods offered for sale on cannador.com are illegal, do not use CANNADOR.COM or purchase or use the goods offered for sale on cannador.com. Humidicorp is not responsible for your violation of any law, including but not limited to the storage, distribution, sale, or use of marijuana. pursuant to paragraph 5(b), you agree to defend, idemnify, and hold humidicorp, its affiliates, subsidiaries, members, governors, members, employees, or agents against all legal liability.

AVAILABILITY. Information that Humidicorp publishes on CANNADOR.COM may contain references or cross-references to products, services, or programs of Humidicorp that are not necessarily announced or available in your area. Such references do not mean that Humidicorp will announce any of those products, services, or programs in your area at any time in the future. You should contact Humidicorp for information regarding the products, services, or programs that may be available to you, if any.

MISCELLANEOUS. If any provision of these Terms is deemed invalid by a competent Arbitrator, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Humidicorp’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and Humidicorp with respect to your use of CANNADOR.COM and any purchase of goods offered for sale on CANNADOR.COM. The Terms supersede any and all prior communications and prior agreements, whether written or oral, between you and Humidicorp regarding CANNADOR.COM and the goods offered for sale on CANNADOR.COM.

Your Consent To This Agreement

By accessing and using CANNADOR.COM, you consent to and agree to be bound by the Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use CANNADOR.COM and/or the purchase of any goods offered for sale on CANNADOR.COM. Your use of CANNADOR.COM will signify your assent to and acceptance of its revised terms.