TERMS OF USE

GENERAL

This website (“Website”) is owned and operated by WeedMD Rx Inc. (“WeedMD”). Your access and use of this Website is governed by these Terms of Use, which includes our Privacy Policy (collectively “Terms”), including any content, functionality, products and services offered on or through it. If you are a minor or a resident of the province of Quebec [VD1] attempting to access or use this Website, you are not permitted to proceed with accessing and using this Website. These Terms are subject to the Cannabis Act. By accessing and/or using our Website[VD2]  or taking advantage of our services, you are indicating your agreement to these Terms. If you disagree with any of these Terms, please discontinue accessing and using the Website. At WeedMD’s sole discretion, your right to access and/or use the Website may immediately cease. [VD3] 

In addition to learning more about our products and services through our Website, we hope you will use this Website to interact with WeedMD and other users of our products and services through our blogs and other forms of interactive media, as the case may be (“Enhanced Services”).

ELIGIBILITY

The Website and the products and services are intended for use only by adult residents of Canada (other than Quebec)[VD4] . If you are not normally resident in Canada or have not yet obtained the age of majority in the province from which you are accessing this Website, you are prohibited from accessing and using this Website and its products and services.  Minors are not allowed to access or use the Website.

USER AGREEMENT

By using the Website, you are representing to WeedMD that:

  • You will not use the Website for any unlawful purpose.

  • You understand and agree that WeedMD may discontinue or change the Website, the services and the Enhanced Services.

  • You also understand and agree that WeedMD may discontinue or restrict your access or use of this Website for any reason.

  • You are familiar with and agree to abide by these Terms, including any updates or changes to these Terms.

NO MEDICAL ADVICE

Any information provided on the Website on cannabis including medical marijuana, information regarding different strains and types of medical cannabis and their potential suitability for treating and/or dealing with different diagnoses of any nature is provided as general information. Such information is not intended to be medical advice or diagnosis nor is it intended to replace the need to consult a health care provider/professional. WeedMD provides such information for informational purposes only and for discussion between patients and their health care providers/professionals who are and will be responsible for any advice or diagnosis and/or have or shall make any decisions regarding treatment including for any medical marijuana. In the event of a medical emergency, call your doctor or 911 immediately.

COPYRIGHTS AND TRADEMARKS

The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, interfaces, software and the compilation of these elements is the property of WeedMD, our affiliates, partners or licensors, and is protected by Canadian, United States and International copyright and other intellectual property laws.

You may access and use this Website for personal use only. You may retrieve and display content from this Website on a computer screen, download and print individual pages, and store such pages in electronic form for your own personal, non-commercial use. You may not use, reproduce or distribute all or any portion of this Website publicly or for any commercial purpose, and you may not modify any of the content of this Website.

The trademarks, trade dress, logos, and services marks displayed on this Website are the registered and unregistered trademarks of WeedMD, our affiliates, partners or licensors, in Canada, the United States and other countries, and are protected by Canada, United States and International trademark laws. There may be other trademarks displayed on this Website that are owned by unaffiliated trademark owners. Other than as may be described on our Website, no association, affiliation or sponsorship relationship between WeedMD and any such third party is either intended or implied by the presence of these third party trademarks on our Website.

During your use of the Website, you may have opportunities to take advantage of various Enhanced Services, including the ability to upload content, post messages and communicate with other users. By doing so, you grant WeedMD a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, translate, transmit, create derivative works from, distribute, and sub-license any information or material you post or communicate to or through the site, including any discussion area postings, e-mails, or blog comments, in any medium now in existence or hereafter developed, for any purpose, including commercial and promotional purposes. You agree that WeedMD may use your name, image, comments, photographs or any other material posted to or communicated through the Website to promote WeedMD’s products without your prior approval, and without any compensation to you and you hereby waive any right or claim relating to said use of your name, image or content.

NO WARRANTIES OR REPRESENTATIONS

WeedMD makes no guarantees, representations or warranties of any kind in respect of the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. The access and use of the Website is at your sole risk and you assume full responsibility for any costs or losses associated with your access and use of our Website. WeedMD will not be liable for any damages of any kind related to the access and use of the Website.

In no event will WeedMD, or our affiliates, our or their respective content or service providers, licensors, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your access or use of, or the inability to access or use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if WeedMD is advised of the possibility of such damages.

WeedMD does not warrant that the product descriptions or that any other content on this Website is accurate, complete, reliable, current, or error-free, or that access or use of the Website will be uninterrupted or secure.  To the fullest extent permissible pursuant to applicable law, WeedMD disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement.  WeedMD is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence or strict liability, in connection with the Website, the Website content, or the products promoted or sold on the Website, even if advised of the possibility of such damages.

WeedMD does not endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted by users of the Website in any discussion area, blog or elsewhere on the Website.  Any comments or other material posted by users on the Website express the views of, and are the responsibility of, those users and do not necessarily represent the view of WeedMD.

LINKING

Individual non-commercial users may create a hyperlink to the home page of this Website for personal, non-commercial use only.  A website that links to our Website may not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that we are endorsing or are affiliated with such a site or its services or products; (iii) replicate the content of our Website; (iv) contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) portray our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) link to any page of the Website other than the home page or (vii) otherwise violate any applicable law or regulation. We may in our sole discretion, require that you remove any link to this Website.

For the convenience of users, this Website may contain links to other websites that are owned and operated by other or unrelated parties.  We have no control over or responsibility or liability for the content of these websites or for the policies or practices of their owners or operators.  Links do not imply that WeedMD sponsors, endorses, is affiliated or associated with any such websites.

USER CONDUCT

You are responsible for your use of this Website and for your conduct while on the site, including use of any Enhanced Services offered through this Website including any chat room, blog or other feature.  While using this Website and any Enhanced Services, you agree not to use any language that is obscene, indecent or offensive in any postings, e-mails, blog comments, or discussions.  You also agree not to place any material that is false, defamatory, abusive, threatening, obscene, controversial or that constitutes harassment.  The same requirements apply to any photographs, digital images or other graphic works (drawings, etc.) you post.  Breach of these obligations may result in termination of your access to the Website and access to any Enhanced Services.

Users are prohibited from placing on the Website any material that is encrypted, and from using any robot, spider, or other automatic device or manual process to monitor or copy any content from, or interfere with the proper operation of the Website or the Enhanced Services.  Users may not use the Website or the Enhanced Services to create or send any commercial email, junk mail or unauthorized advertising.  Furthermore, users may not engage in conduct that interferes with any other user’s use or enjoyment of the Website, invades another’s privacy, encourages actions that would be considered a criminal offense or gives rise to civil liability, or that otherwise violate any applicable law or regulation.  You may not interfere in any way with WeedMD’s servers.  You agree to use this site solely for lawful purposes and you acknowledge that your failure to do so may result in termination of your access to the site and may subject you to civil and criminal liability.

COPYRIGHT COMPLAINT POLICY

WeedMD expects the users of this Website to respect the copyrights of others.  It is a violation of these Terms for a user to post material that infringes the copyrights of others. As well, you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.

WeedMD may, under appropriate circumstances and in accordance with these Terms, terminate the accounts of users who post material that WeedMD has reason to believe infringes on the copyrights of others.

If you believe that material on the Website infringes a copyright, you may provide written notice to us containing the following information:

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv)       Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide all of the information listed above, or we may not able to process your complaint.

Send your notification of claimed infringement to WeedMD for copyright complaints as follows:

1-855-WEEDMD-6, or orders@weedmd.com.

Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by WeedMD necessary or appropriate to process your notification.  This may constitute an exception to our Privacy Policy.

VIOLATIONS OF TERMS OF USE

WeedMD may, at its discretion, terminate the access of any user who violates the conditions stated in these Terms, including but not limited to, the posting of prohibited content, conducting any activity while on the site that violates any law or legal obligation of the user, interfering with WeedMD’s server, violating any copyright or other right of any third party.

WeedMD reserves the right to review, edit, move, or delete any material posted by users on the Website, in its sole discretion, that violates these Terms, including, but not limited to, language that is obscene, offensive, threatening, abusive, harassing, controversial, that incites criminal activity, that consists of unauthorized advertising, or that violates any copyright, trademark or other right of any third party.  WeedMD may, but is not required to, restrict or remove submitted photos or digital images that it deems inappropriate.

PRIVACY OF POSTED MATERIAL

Postings to discussion areas and blogs are not private.  All content submissions to such areas on the Website are made at the risk of the person making the submission.  Any information you include in a message you post to any message board, discussion group, or other public posting area on the Website is available to anyone with internet access.  Please take any necessary precautions to protect your personal information.  For example, if you do not want people to know your name, e-mail address, contact information, personal information or facts, make sure not to include that information in any message you post publicly.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEEDMD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WEEDMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, THE PRODUCTS OR THE SERVICES WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and WeedMD’s liability will be limited to the maximum extent permitted by law.

RELEASE

You hereby release WeedMD and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, the products and/or the services including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Website or any WeedMD products or services.

This Privacy Policy governs the manner in which WeedMD collects, uses, maintains and discloses information collected from users of the Website.  This privacy policy applies to the Website and all products and services offered by WeedMD.com.

 

ADDITIONAL GENERAL TERMS

ENTIRE AGREEMENT

The Terms constitute the entire agreement between you and WeedMD and govern your use of the service and the Website, superseding any prior agreements between you and WeedMD.  You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from this Website or from third parties through this Website.

CHOICE OF LAW AND FORUM

The Terms and the relationship between you and WeedMD shall be governed by the laws of the province of Ontario and Canada, without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario and waive any venue or inconvenient forum objections to such courts.

WAIVER AND SEVERABILITY OF TERMS

The failure of WeedMD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is/are found by a court of competent jurisdiction to be invalid, you and WeedMD each agree that the court should endeavor to give effect to our intentions as reflected in the relevant provision, and that the other provisions of the Terms should remain in full force and effect.

CANADA USERS

We make this website available to users in Canada. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from you in a variety of ways, including, but not limited to, when you visit our Website, register on the Website, fill out a form, and in connection with other activities, services, features or resources we make available on our Website. You may be asked for, as appropriate, name, email address, mailing address, phone number. We will collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent you from engaging in certain Website related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about you whenever you interact with the Website. Non-personal identification information may include the browser name, the type of computer and technical information about your means of connection to the Website, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

The Website may use “cookies” to enhance your experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Website may not function properly.

HOW WE USE COLLECTED INFORMATION

WeedMD may collect and use your personal information for the following purposes:

  • To improve customer service
    Information you provide helps us respond to your customer service requests and support needs more efficiently.

  • To personalize user experience
    We may use information in the aggregate to understand how our users as a group use the services and resources provided on the Website.

  • To improve the Website
    We may use feedback you provide to improve our products and services.

 

  • To run a promotion, contest, survey or other Website feature
    To send you information you agreed to receive about topics we think will be of interest to you.

  • To send periodic emails
    We may use the email address to send you information and updates pertaining to your order. It may also be used to respond to your inquiries, questions, and/or other requests. If you consent to opt-in to our mailing list, you consent to receive emails that may include company news, updates, related product or service information, promotions, sales information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Website.

Personal information supplied via the Website is stored in Ontario, Canada. We use secure, off-site digital storage facilities in Canada that do not transmit or store data outside of Canada.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

COMPLIANCE WITH CHILDREN’S ONLINE

PRIVACY PROTECTION ACT

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Website from those we actually know are under the age of 18, and no part of our website is structured to attract anyone under the age of 18.

CHANGES TO THE TERMS AND THE PRIVACY POLICY

We have the discretion to update the Terms and the Privacy Policy at any time. When we do, we will revise the updated date at this Website. We encourage you to frequently check this Website for any changes to stay informed about the Terms and how we are helping to protect the personal information we collect pursuant to the Privacy Policy. You acknowledge and agree that it is your responsibility to review the Terms and the Privacy Policy periodically and become aware of modifications. You agree that WeedMD will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through the Website.

Please note that the Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order for products or services has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on the Website, except as required by law.

YOUR ACCEPTANCE OF THESE TERMS AND THE PRIVACY POLICY

By accessing and using this Website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not access or use the Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.