Terms of use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to CannaMPx! These Terms of Use describe the terms and conditions applicable to your access and use of the web Site, mobile Site, mobile applications and other portals owned, operated, branded or made available by Jaamoo Ventures, LLC, dba CannaMPx and CannaMPx.com (“CannaMPx”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and CannaMPx.
IMPORTANT NOTE: ONLY CANNABIS ANCILLARY EQUIPMENT, TECHNOLOGY, SERVICES AND SPECIFIC SUPPLIES CAN BE LISTED ON THE CANNAMPX MARKETPLACE. WE DO NOT ALLOW ANY LISTINGS OR TRANSACTIONS OF STRAINS, HARVESTS, FLOWERS/BUDS, EDIBLES, HASH, THC OR CBD PRODUCTS (RETAIL AND WHOLESALE) OR ANY PRODUCT YOU WOULD TRADITIONALLY OBTAIN FROM A DISPENSARY, OR ANY ITEMS REQUIRING A PERSON OR ENTITY TO HOLD A VALID CANNABIS LICENSE TO SELL OR PURCHASE. ANY MEMBER WHO DOES NOT COMPLY WITH THIS POLICY, WILL BE IMMEDIATELY REMOVED AND BANNED FROM CANNAMPX AND ALL LISTINGS WILL BE DELETED.
1.Application and Acceptance of the Terms
1.1 Your access to and use of the Site and CannaMPx’s services,
software and products through the Site, is subject to the terms and conditions
contained in this document as well as the Privacy Policy and other rules and
policies of the Site that CannaMPx may publish from time to time. This
document and such other rules and policies of the Site are collectively
referred to below as the “Terms”. By accessing and use of the Site
and Services, you agree to accept and be bound by the Terms. Please do
not access or use the Services or the Site if you do not accept all of the
Terms.
1.2 You may not access or use the Services or the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with CannaMPx, or (b) you are not permitted to receive any Services under the laws of the country/region or state in which you are resident or from which you access and use the Services and the Site.
1.3 CannaMPx may amend any Terms at any time by posting the relevant
amended and restated Terms on the Site. By continuing to access or use
the Services or the Site, you agree that the amended and restated Terms will
apply to you.
1.4 The Terms may not otherwise be modified except in writing by an authorized officer of CannaMPx.
2. Provision of Services
2.1 If you are a registered member of CannaMPx, you are contracting with Jaamoo Ventures, LLC, dba CannaMPx, CannaMPx.com.
2.2 You must register as a member on the Site in order to access
and use some Services. Further, CannaMPx reserves the right, without prior
notice, to restrict access to or use of certain Services (or any features
within the Services), or subject to other conditions that CannaMPx may impose
in our discretion.
2.3 CannaMPx may in our sole discretion limit, deny or create
different levels of access to and use of any Services (or any features within
the Services) with respect to different Users.
2.4 CannaMPx may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Site or
Services, you agree that you will comply with all applicable laws and
regulations when accessing or using the Site or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish,
sell, distribute or resell any Services or any information, text, images,
graphics, video clips, sound, directories, files, databases or listings, etc.
available on or through the Site (the “Site Content”), and (b) you will not
copy, reproduce, download, compile or otherwise use any Site Content for the
purposes of operating a business that competes with CannaMPx, or otherwise
commercially exploiting the Site Content. Systematic retrieval of Site Content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders, automatic
devices or manual processes) without written permission from CannaMPx is
prohibited. Use of any content or materials on the Site for any purpose not
expressly permitted in the Terms is prohibited.
3.3 CannaMPx may allow Users to access content, products or
services offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise), API or otherwise to such third parties' web Site.
You are cautioned to read such web Site' terms and conditions and/or privacy
policies before using the Site. You acknowledge that CannaMPx has no control
over such third parties' web Site, does not monitor such web Site, and shall
not be responsible or liable to anyone for such web Site, or any content,
products or services made available on or through such web Site.
3.4 You agree not to undertake any action to undermine the
integrity of the computer systems or networks of CannaMPx and/or any other User
nor to gain unauthorized access to such computer systems or networks.
3.5 You agree not to undertake any action which may undermine the
integrity of CannaMPx’s feedback system, such as leaving positive feedback for
yourself using secondary Member IDs or through third parties or by leaving
unsubstantiated negative feedback for another User.
3.6 All ownership rights to postings or display of information, content or material made by the User (“User Content") within the Site, are retained by the respective User during their use of the Site. These rights are not transferred to CannaMPx at any time during the time this agreement is valid, unless agreed to in writing.
3.7 For all User Content on the Site or providing any User Content to CannaMPx or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to CannaMPx to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to CannaMPx, the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to CannaMPx that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Further, CannaMPx may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, CannaMPx shall assign an
account and issue a member ID and password (the latter shall be chosen by a
registered User during registration) to each registered User. An account may
have a web-based communication account with limited storage space for the
Member to send or receive communications from the Site to the associated email
account of the Member.
4.3 A set of Member ID and password is unique to a single account.
Each Member shall be solely responsible for maintaining the confidentiality and
security of your Member ID and password and for all use of and activities that
occur under your account (whether such use or activities are authorized or
not). Member agrees to notify CannaMPx immediately if you become aware of any
unauthorized use of your password or your account or any other breach of
security of your account.
4.4 Member agrees that all use of the Site and Services, and all
activities that occur under your account (including without limitation, posting
any company or product information, clicking to accept any Additional
Agreements or rules, subscribing to or making any payment for any services,
sending emails using the email account or sending SMS) will be deemed to have
been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to CannaMPx or other Users of the Site. Member shall indemnify CannaMPx, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, CannaMPx shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
4.6 Member may terminate their membership at any time for any reason. If the Member has pre-paid for any type of subscription or membership fees that extends into the future and there is time remaining on that upon their initiated termination, CannaMPx at its sole discretion will establish and provide any refunds to the Member, but will not be obligated to do so.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Site and Services will comply with all terms as set forth.
5.2 Member will be asked to provide information or material about
your entity, business or products/services as part of the registration process
on the Site for your access to and use of any Service or the member account.
Each Member represents, warrants and agrees that (a) such information and
material whether submitted during the registration process or thereafter
throughout the continuation of the use of the Site or Service is true,
accurate, current and complete, and (b) you will maintain and promptly amend
all information and material to keep it true, accurate, current and complete.
5.3 Each Member represents, warrants and agrees that (a) you shall
be solely responsible for obtaining all necessary third party licenses and
permissions regarding any User Content that you submit, post or display; (b)
any User Content that you submit, post or display does not infringe or violate
any of the copyright, patent, trademark, trade name, trade secrets or any other
personal or proprietary rights of any third party (“Third Party Rights”);
(c) you have the right and authority to sell, trade, distribute or export or
offer to sell, trade, distribute or export the products or services described
in the User Content and such sale, trade, distribution or export or offer does
not violate any Third Party Rights and (d) you and your affiliates are not the
subject of any trade restrictions, sanctions or other legal restrictions
enacted by any country, international organization or jurisdiction.
5.4 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete
and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or
harassing, obscene, objectionable, offensive, sexually explicit or harmful to
minors;
d) not contain information that is discriminatory or promotes discrimination
based on race, sex, religion, nationality, disability, sexual orientation or
age;
e) not violate any applicable laws and regulations (including without
limitation those governing export control, consumer protection, unfair
competition, or false advertising) or promote any activities which may violate
any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Site which
includes any content that may violate the Terms.
5.5 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on
the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good
faith;
c) carry on your activities in accordance with the Terms and any applicable
Additional Agreements;
d) not use the Services or Site to defraud any person or entity (including
without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your
affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation
those which would constitute a criminal offence, give rise to civil liability,
etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate CannaMPx’s
various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that
have the effect of damaging, interfering with, intercepting or expropriating
any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or
networks used by CannaMPx and/or any user of the Site or gain unauthorized
access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and
legal jurisdiction in which any of the foregoing persons or entities is
organized or has operations are not, persons or entities that are subject to
any economic or fraud sanctions of any governmental, international or
regulatory entities; and
l) not engage in any activities that would otherwise create any liability for CannaMPx.
5.6 Member may not use the Site, Services or member account to
engage in activities which are identical or similar to CannaMPx’s e-commerce
marketplace business.
5.7 Member agrees to provide all necessary information, materials
and approval, and render all reasonable assistance and cooperation necessary
for CannaMPx’s provision of the Services, evaluating whether Member has
breached the Terms and/or handling any complaint against the Member. If
Member’s failure to do so results in delay in, or suspension or termination of,
the provision of any Service, CannaMPx shall not be obliged to extend the
relevant service period nor be liable for any loss or damages arising out of or
in connection with such delay, suspension or termination.
5.8 Member acknowledges and agrees that CannaMPx reserves the
right to actively monitor or exercise any
editorial control over the content of any message or material or
information (including User Content) created, obtained or accessible through
the Services or Site. CannaMPx does not endorse, verify or otherwise certify
the contents of any comments or other material or information (including User
Content) created, submitted, posted, displayed or otherwise made by any Member.
Each Member is solely responsible for the contents of their communications and
may be held legally liable or accountable for the content of their comments or
other material or information
5.9 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 CannaMPx reserves the right in our sole discretion to remove,
modify or reject any User Content that you submit to, post or display on the Site
which we reasonably believe is unlawful, violates the Terms, could subject CannaMPx
or our affiliates to liability, or is otherwise found inappropriate in CannaMPx’s
sole discretion.
6.2 If any Member breaches any Terms, or if CannaMPx has
reasonable grounds to believe that a Member is in breach of any Terms, CannaMPx
shall have the right to take such disciplinary actions as it deems appropriate,
including without limitation: (i) suspending or terminating the Member’s
account and any and all accounts determined to be related to such account by CannaMPx
in its sole discretion without liability for any losses or damages arising out
of or in connection with such suspension or termination; (ii) restricting,
downgrading, suspending or terminating the subscription of, access to, or
current or future use of any Service; (iii) removing any listings or
other User Content that the Member has submitted, posted or displayed, or
imposing restrictions on the number of product listings or User Content that
the Member may post or display; (iv) imposing other restrictions on the
Member’s use of any features or functions of any Service as CannaMPx may
consider appropriate in its sole discretion; and (v) any other corrective
actions, discipline or penalties as CannaMPx may deem necessary or appropriate
in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from
any other Member or third party, CannaMPx has reasonable grounds to believe
that such Member has willfully or materially failed to perform your contract
with such other Member or third party including without limitation where a
Member who supplies products or services using the Site and Services has failed
to deliver any items ordered by such other Member or third party after receipt
of the purchase price, or where the items such Member has delivered materially
fail to meet the terms and descriptions outlined in your contract with such other
Member or third party,
b) CannaMPx has reasonable grounds to suspect that such Member has used a
stolen credit card or other false or misleading information in any transaction
with a counter party,
c) CannaMPx has reasonable grounds to suspect that any information provided by
the Member is not current or complete or is untrue, inaccurate, or misleading,
or
d) CannaMPx believes that the Member’s actions may cause financial loss or
legal liability to CannaMPx or any other Users.
6.4 CannaMPx reserves the right to cooperate fully with
governmental or regulatory authorities, law enforcement bodies, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, to the extent permitted
by applicable laws and policies, CannaMPx may disclose the Member's identity,
contact information and/or information regarding the Member's account(s),
transactions or activities carried out on or via the Site, if requested by a
government, regulatory or law enforcement body or an injured third party, or as
a result of a subpoena or other legal action. CannaMPx shall not be
liable for damages or results arising from such disclosure, and Member agrees
not to bring any action or claim against CannaMPx for such disclosure.
6.5 CannaMPx may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if CannaMPx has received notice that the Member is in breach of any agreement, and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. CannaMPx reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.
6.6 Each Member agrees to indemnify CannaMPx, our affiliates,
directors, employees, agents and representatives and to hold them harmless,
from any and all damages, losses, claims and liabilities (including legal costs
on a full indemnity basis) which may arise from your submission, posting or
display of any User Content, from your access to or use of the Site or
Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that CannaMPx is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Site or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. CannaMPx reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with CannaMPx in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Site, CannaMPx provides electronic web-based
platforms for exchanging information between buyers and sellers of products and
services. CannaMPx additionally provides electronic web-based transaction
platforms for Members to place, accept, conclude, manage and fulfill orders for
the provision of products and services online within the Site. However,
for any Services, CannaMPx does not represent either the seller or the buyer in
specific transactions. CannaMPx does not control and is not liable or
responsible for the quality, safety, lawfulness or availability of the products
or services offered for sale on the Site, the ability of the sellers to
complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing
with people acting under false pretenses. CannaMPx uses several techniques to
verify the accuracy of certain information our Users provide us when they
register for membership on the Site. However, because user verification
on the Internet is difficult, CannaMPx cannot and does not confirm each User's
purported identity (including, without limitation, paying Members). We
encourage you to use various means, as well as common sense, to evaluate with
whom you are dealing.
7.3 Buyers and sellers accessing or using the Site or Services
shall assume the risks of conducting any purchase and sale transactions in
connection with or through the Site or Services. Buyer and sellers accessing or
using the Site or Services shall also fully assume all risks of liability or
harm of any kind arising out of or in connection with any subsequent activity
relating to the products or services that are the subject of the transactions
on the Site. Examples of such risks shall include, but are not limited to,
mis-representation of products and services, fraudulent schemes, unsatisfactory
product quality, failure to meet specifications, defective or dangerous
products, unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract, transportation
accidents, the risk that the manufacture, importation, export, distribution,
offer, display, purchase, sale and/or use of products or services offered or
displayed on the Site may violate or may be asserted to violate Third Party
Rights, and the risk that Users may incur costs of defense or other costs in
connection with third parties’ assertion of Third Party Rights, or in
connection with any claims by any party that they are entitled to defense or
indemnification in relation to the assertion of rights, demands or claims by
claimants of Third Party Rights. Examples of such risks also include the risk
of claims from consumers, other purchasers, end-users of products or
other third parties that they have suffered injuries or harm from their
use of the products obtained through the Site or Services. All of the foregoing
risks are referred to as "Transaction Risks". CannaMPx is not liable
or responsible for any damages, claims, liabilities, costs, harm,
inconveniences, business disruptions or expenditures of any kind that may arise
a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Site are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably required by CannaMPx in connection with your transactions conducted on, through or as a result of use of the Site or Services. CannaMPx has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify CannaMPx (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED
BY CANNAMPX ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS
AVAILABLE" AND “WITH ALL FAULTS”, AND CANNAMPX HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY
WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANNAMPX MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION
PROVIDED ON OR THROUGH THE SITE; CANNAMPX DOES NOT REPRESENT OR WARRANT THAT
THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE,
SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES
NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CANNAMPX MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED
ON THE SITE.
8.3 Any material downloaded or otherwise obtained through the Site
or Services is done at each User's sole discretion and risk and each User is
solely responsible for any damage to its own or to CannaMPx’s computer
system(s) or any loss of data that may result from the download of any such
material. No advice or information, whether oral or written, obtained by any
User from CannaMPx or through or from the Site shall create any warranty not
expressly stated herein.
8.4 The Site may make available to User services or products
provided by independent third parties. No warranty or representation is
made with regard to such services or products. In no event shall CannaMPx
or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save CannaMPx, our
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's access to or use of the Site or Services
(including but not limited to the display of such User's information on the Site)
or from your breach of any of the terms and conditions of the Terms. Each User
hereby further agrees to indemnify and save CannaMPx, our affiliates,
directors, officers and employees harmless, from any and all losses, damages,
claims, liabilities (including legal costs on a full indemnity basis) which may
arise from User's breach of any representations and warranties made by User to CannaMPx.
8.6 Each User hereby further agrees to indemnify and save CannaMPx,
our affiliates, directors, officers and employees harmless, from any and all
losses, damages, claims, liabilities (including legal costs on a full indemnity
basis) which may arise, directly or indirectly, as a result of any claims
asserted by Third Party Rights claimants or other third parties relating to
products offered or displayed on the Site. Each User hereby further agrees that
CannaMPx is not responsible and shall have no liability to you, for any
material posted by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with each User. CannaMPx
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with CannaMPx in asserting any available defenses.
8.7 CannaMPx shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to
use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or
obtained from a User or any other third party through the Site or Services;
c) violation of Third Party Rights or claims or demands that User's
manufacture, importation, exportation, distribution, offer, display, purchase,
sale and/or use of products or services offered or displayed on the Site or
through the Services may violate or may be asserted to violate Third Party
Rights; or claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants;
d) unauthorized access by third parties to data or private information of any
User;
e) statements or conduct of any User of the Site or Services; or;
f) any matters relating to the Site or Services, however arising, including
negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate
liability of CannaMPx, our employees, agents, affiliates, representatives or
anyone acting on our behalf with respect to each User for all claims arising
from the access to or use of the Site or Services during any calendar year
shall be limited to the greater of (a) the amount of fees the User has paid to CannaMPx
in exchange for the access to or use of the Site or Services during the
calendar year and (b) the maximum amount permitted under the applicable law.
The preceding sentence shall not preclude the requirement by the User to prove
actual damages. All claims arising from the use of the Site or Services must be
filed within one (1) year from the date the cause of action arose or such
longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not CannaMPx has been advised of or should have been aware of the possibility of any such losses arising.
9. Arbitration
9.1 Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9.2 The place of arbitration shall be Los Angeles, California, USA. The arbitration shall be governed by the laws of the State of California, USA.
9.3 The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
10. Force Majeure
10.1 Under no circumstances shall CannaMPx be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. Intellectual Property Rights
11.1 CannaMPx is the sole owner or lawful licensee of all the
rights and interests in the Site and the Site Content. The Site and Site
Content embody trade secrets and other intellectual property rights protected
under worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Site and Site Content shall remain with CannaMPx, our
affiliates or licensors, as the case may be. All rights not otherwise claimed
under the Terms or by CannaMPx are hereby reserved.
11.2 "CANNAMPX”, “CANNAMPX.COM”, "C" and related icons and logos
are registered trademarks or trademarks or service marks of Jaamoo Ventures,
LLC. The unauthorized copying, modification, use or publication of these marks
is strictly prohibited.
11.3 CannaMPx may have independent third parties involved in the provision of the Site or Services (e.g., site hosting, payment transaction processing). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute
the entire agreement between you and CannaMPx with respect to and govern your
use of the Site and Services, superseding any prior written or oral agreements
in relation to the same subject matter herein.
12.2 CannaMPx and you are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or
unenforceable, such provision shall be deleted and the remaining provisions
shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such clause.
12.5 CannaMPx’s failure to enforce any right or failure to act
with respect to any breach by you under the Terms will not constitute a waiver
of that right nor a waiver of CannaMPx’s right to act with respect to
subsequent or similar breaches.
12.6 CannaMPx shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of CannaMPx). You may not assign, in whole or part, the Terms to any person or entity.
12.7 CannaMPx may amend these Terms
at any time in our sole discretion. If we do so, we will post the modified
Terms on the Site, with noted date of last revision. The modifications will be
effective immediately. You agree to review these Terms periodically so that you
are aware of any modifications. Continued use of our Site or Services following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
12.8 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA.
12.9 If you have any comments on the Services we provide to you, you may contact us with any such feedback or questions at support@cannampx.com.
Last updated: July 7, 2021