“Site(s)” means the Company website, social media pages that we control, promotional sites, widgets and mobile sites and applications, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application, or service, in which case such different policy shall govern and control).
1. OWNERSHIP/RESTRICTIONS ON USE
The Site is owned and operated by Company. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, and other information including the “look and feel” of the Site (collectively, the “Content”) contained in this Site are proprietary to Company, its affiliates, and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer, or sell any Content without the express prior written consent of Company. You may download, print, and reproduce the Content for your own non-commercial informational purposes, provided you agree to maintain any and all copyright or other proprietary notices contained in such Content and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Company. To obtain written consent for such reproduction, please contact us at email@example.com.
AS A CONDITION OF YOUR USE OR ACCESS TO OUR SITE, YOU WARRANT THAT:
2. GENERAL INFORMATION
Any Content on the Site is provided for general informational purposes. The Content is not a representation, warranty, or condition about the properties or efficacy of any product or service. It is not a substitute for professional medical advice. Always seek the advice of a physician or other qualified health care practitioner for any questions you may have about any illness or other condition including the suitability or effectiveness of any course of treatment. Never disregard any professional medical advice because of anything you read on the Site.
It is our goal to provide increased value to visitors to our Site. Therefore, our Site might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Sites are independent from Company and that Company has no control over the content of such Sites. Consequently, we cannot be held liable and make no warranty, representation, or condition whatsoever as to the accuracy, timeliness, or completeness of the information contained on such Sites.
The links that we might place on our Site do not imply that we sponsor, endorse, or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Sites.
4. LICENSE TO USE THE SITE
Company grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use, and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions.
You may not use the Site or Content other than as expressly permitted by the present section. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of, or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Site (except as and only to the extent that any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site.
You agree to report any violation of these Terms and Conditions by others of which you become aware.
Any violation of these Terms and Conditions may result in restrictions to your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms and Conditions shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Greentone.
5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
Any and all rights in a Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of Company or the third party from which the Content was licensed.
All Sites and associated Content are protected from any unauthorized use, copying, and dissemination by copyright, trademark, and other intellectual property and non-intellectual property laws, and by international treaties.
Except as expressly permitted in writing by Company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, any of the Content for any purpose.
Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon Company’s rights or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Company or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual non-commercial use only. Any unauthorized use of the Content of the Site may subject you to civil or criminal penalties.
6. USER-GENERATED CONTENT; ACCEPTABLE CONTENT
Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (all “User Content”) posted or communicated to Company. By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories.
Any material or communication transmitted by you to a Site will not be treated as confidential.
You may not post or transmit to a Site any Submission containing the image or likeness of anyone who is or appears to be under the legal age of use or from whom permission has not been granted.
You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third-party, whether living or dead. You will not post or transmit any Submissions to a Site that contain any of the following: unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by Company. You agree that your Submissions will not incorporate, encourage, or condone:
You agree that your Submissions will not depict, promote, or encourage:
You agree that your Submissions will not contravene any applicable law, regulation, policy, guidelines, or industry standards, as determined by Company. Company reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.
7. DISCLAIMER/LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as possible the Content contained on the Site, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions related to the communications line failure, operation, or transmission; alteration, theft, or destruction of; or unauthorized access to; user communications. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of email or other technical problems or traffic congestion on the Internet or in connection with the Site, including damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the web and/or in connection with the Site.
You agree to indemnify and hold harmless Company, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Site, connection thereto, or any alleged violation by you of these Terms and Conditions.
10. ELECTRONIC COMMUNICATIONS
Under the CASL, emails, text messages, Facebook messages, Twitter messages, or any other type of email can be considered SPAM if implied consent to receive the message does not exist or if the recipient hasn’t given express consent before receiving the message. Thus, if you use our Site to order products or services from us, or send us messages, you consent to receive communications from us electronically, such as emails, texts, or notices on the Site itself. You should retain copies of these communications for your records. If there is a legal requirement that any agreement, notice, disclosure, or communication be in writing, you agree that providing it to you electronically satisfies that legal requirement.
11. COOKIES AND YOUR ACCOUNT
If you choose to accept the cookies from our Site, we will not ask you to verify your age every time you visit our Site and our third-party payment processor may save your payment information. AS A RESULT, IF YOU CHOOSE TO ACCEPT THE COOKIE FROM OUR SITE, YOU MUST ENSURE THAT YOU DO NOT ALLOW ANY PERSON WHO HAS NOT YET REACHED THE LEGAL AGE OF CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE TO ACCESS THE SITE THROUGH YOUR DEVICE OR COMPUTER. IF YOU CANNOT OR ARE NOT WILLING TO ENSURE THIS, YOU MUST NOT ACCEPT COOKIES FROM OUR SITE.
12. CHANGES AND TERMINATION
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, Company reserves the right to change these Terms and Conditions at any time and to notify you by posting an updated version of the Terms and Conditions on this Site. Your use of the Sites and continued use of the Sites following any changes to the Terms and Condition signifies that you agree with the terms and conditions of the Site. If you do not agree to these Terms and Conditions, please do not use the Site or provide any Information to us. We strongly encourage you to please refer to these Terms and Conditions often for the latest information about the terms and conditions for use of this Site.
To help you stay current on any changes, we take the following two steps: (i) we note the date the Terms and Conditions were last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site next to the link to these Terms and Conditions or we send an email to all users for whom Company (or the appropriate third party) has Personal Information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised Terms and Conditions, so we strongly recommend that you review the Terms and Conditions periodically. Your only right with respect to any dissatisfaction with (1) these Terms and Conditions, (2) any policy or practice of ours in operating the Site, or (3) any Content available through the Site, is to stop visiting and using the Site.
The logos and marks containing “Greentone”, “Komo”, and “OMY” are trademarks of Company or our affiliates. Other marks, graphics, typefaces, trademarks, and logos appearing on the Site are also trademarks or trade dress of Company. All other trademarks appearing on the Site are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
14. APPLICABLE LAWS AND SEVERABILITY
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Quebec.
If any provision of the present Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and Conditions and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
15. INTELLECTUAL PROPERTY COMPLAINTS
Company respects the intellectual property rights of others, and we expect that you do the same. Company may at its sole and absolute discretion, disable and/or terminate accounts of users who may or are alleged to be infringing the intellectual property rights of Greentone or others.
If you believe that your intellectual property rights have been violated, please email the following information to firstname.lastname@example.org, to the attention of the Legal Department:
16. ENTIRE AGREEMENT
If you have any questions or comments regarding these Terms and Conditions, please contact us at email@example.com. Notices to you may be made via email or regular mail, or in cases of changes to these Terms and Conditions, by posting notices or links to such notices on the Site itself.
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