Terms of Service
Last Updated on July 31, 2019. These Terms of Service (which, together with the Business Terms below, constitute the “Terms”) are effective immediately for users accessing or using the Service or registering Accounts on or after July 31, 2019 and will become effective immediately for users with pre-existing Accounts.
The Terms govern your access to and use of our products and services, including those offered through our websites and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms and concluding a legally binding contract with: (i) Canabee Inc., a Delaware corporation with its headquarters in Boston, Massachusetts, if you are a resident of the United States of America or Canada. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Canabee and its subsidiaries.
- “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Canabee Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Canabee or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Canabee Content, and Third Party Content.
- Sites and Accounts. “Consumer Site”means Canabee’s consumer website directed to users in the United States of America (www.thecanabee.com) and related domains and mobile applications, including those directed to users outside the United States of America.
- “Consumer Account” means the account you create to access or use the Consumer Site.
- “Business Account” means the account you create to access or use the Canabee for Business Center page directed to users in the United States of America and related domains and mobile applications, including those directed to users outside the United States of America.
- “Account” means any Consumer Account or Business Account.
2. CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located on our website page. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Canabee, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE SERVICE
- To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Canabee or if we have previously banned you from the Service or closed your Account.
- Permission to Use the Service.We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- Service Availability.The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Canabee’s prior approval.
Communications from Canabee and Others. By accessing or using the Service, you consent to receive communications from other users and Canabee through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Canabee or businesses listed on Canabee, and may be initiated by Canabee, businesses listed on Canabee, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Canabee may be monitored and recorded for quality purposes.
- Responsibility for Your Content.You alone are responsible for Your Content, and once posted to Canabee, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Canabee.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Our Right to Use Your Content.We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Canabee and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- As between you and Canabee, you own Your Content. We own the Canabee Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Canabee Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Canabee Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Canabee Content are retained by us.
- Canabee and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
6. BOOKING AND TRANSACTING
- You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by Canabee’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
- Payments and Cancellations.You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Canabee may facilitate any such payments and charges on behalf of the transacting local business.
- Any coupons that Canabee might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
7. REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- You have read and understood our Content Guidelines;
- Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third-party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Canabee;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Canabee’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
8. ADDITIONAL POLICIES AND TERMS
- Copyright And Trademark Disputes.You agree to notify us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
- Additional Terms.Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms ”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
9. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Canabee and its users any claims and assertions of any moral rights contained in such Feedback.
10. THIRD PARTY CONTENT AND SERVICES
The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
You agree to indemnify, defend, and hold harmless Canabee, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, “Canabee”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Canabee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Canabee. Canabee will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CANABEE TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CANABEE MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE CANABEE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE CANABEE ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
- THE CANABEE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE CANABEE ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- THE CANABEE’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CANABEE IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE CANABEE WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY CANABEE BUSINESS PAGES FOR YOUR BUSINESS.
13. CHOICE OF LAW AND VENUE
- If you are a resident of the United States or Canada:
- Massachusetts will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Canabee (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN BOSTON, MASSACHUSETTS.
- You agree that any subpoena, third-party discovery request, or other third-party process directed to Canabee must issue from, or be domesticated by, the state or federal courts located within Boston, Massachusetts and you agree to submit to the personal jurisdiction of each of these courts for any related proceedings.
- Attorneys’ fees and costs may be awarded against any party that pursues any Claim or Third Party Process in a manner contrary to this Section, provided that party does not promptly withdraw the Claim or Third Party Process once this Section is brought to its attention.
- If you are a resident of the EEA or anywhere else outside the United States law will govern these Terms, as well as any Claim, without regard to conflict of law provisions.
- If you are a resident of the United States or Canada:
- You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Canabee with a notice of termination.
- We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7, 10–14 of the Terms of Service will continue in full force and effect.
15. GENERAL TERMS
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Canabee’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Canabee.
- If any provision of the Terms is found to be unenforceable or invalid by a court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Canabee’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Canabee as a result of these Terms or your use of the Service.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
Chakravarthi Ventures, LLC. Copyright © Canabee 2019
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
Last Updated on July 31, 2019.
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Canabee on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Canabee. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
Please read these Business Terms carefully as they require the use of arbitration on an individual basis to resolve disputes, rather than trials or class actions, and also limit the remedies available to you in the event of a dispute.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
The website located at www.thecanabee.com and all related mobile or software applications (collectively, the “Consumer Site”) are copyrighted works belonging to Chakravarthi Ventures, LLC (“Canabee”).
Canabee provides cannabis resources via the Consumer Site, including user reviews and ratings, dispensary and retailer directories, medical provider directories, news and editorial coverage, and other information and services (collectively, the “End User Services”) to end consumers of the Consumer Site (“End Users”). In addition, Canabee offers a variety of services to business operations including, cannabis dispensaries and retailers, product and brand manufacturers, and medical providers (each, a “Customer” and hereinafter also referred to as “you” and “your”) who may use the Consumer Site to list details concerning their location, services, and products on a Customer- or product/brand-specific page (each a “Customer Page”) and otherwise promote their business on the Consumer Site (collectively, with other services provided through the Site to Customers, the “Business Services”; the Business Services and End User Services are also collectively referred to as the “Services”). Certain features of the Business Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Business Service or Site in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated into this Agreement.
1. REPRESENTATIONS AND WARRANTIES
A. You represent and warrant that:
- you have the authority to act on behalf of the business or businesses associated with your Business Account and bind any such business to the Business Terms (such business or businesses, your “Business”);
- your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
- you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
- your Business complies with applicable laws and does not offer or advertise illegal products and/or services for lease or sale;
- you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our calls with you may be monitored and recorded for quality purposes; and
- you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are illegal under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances.
B. You also represent and warrant that you will not, and will not authorize or induce any other party, to:
- offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Canabee, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
- solicit or ask for reviews from your customers;
- write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
- pay or induce any third party to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Canabee’s Recommendation Software and fraud detection systems;
- attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
- use any automated means or form of scraping or data extraction to access, query or otherwise collect Canabee data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Canabee (for example, as described at www.Canabee.com/robots.txt);
- use any Canabee trademarks in any manner without Canabee’s prior written consent; or
- misrepresent your identity or affiliation to anyone in connection with Canabee.
C. You understand and acknowledge that Canabee allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Canabee employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Canabee uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Canabee will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Canabee.
THE FOLLOWING SECTIONS 2 AND 3 APPLY IF YOU ARE A RESIDENT OF THE UNITED STATES OR CANADA ONLY:
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CANABEE TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY USE OF THE SITE OR SERVICES TO DEPICT OR DESCRIBE CANNABIS OR CANNABIS-RELATED PRODUCTS OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND COMPLY WITH ALL APPLICABLE LEGAL OR REGULATORY REQUIREMENTS AND RESTRICTIONS. YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID CANABEE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Canabee, for their role in publishing third-party Content, including consumer reviews.
3. BUSINESS ACCOUNTS
3.2 Cancellation. You may delete your Business Listing Account at any time, for any reason, by contacting Canabee through the site or, by emailing a designated Canabee representative. Canabee may suspend or terminate your Business Account.
4. PAYMENT TERMS
4.1 Ordering Services. You may gain access to Business Services by following the directions on the Consumer Site or as specified by your designated Canabee account representative. Once you order Business Services, your subscription to the applicable Business Service may: (1) will continue for the number of days specified or automatically renew until you cancel your Business Service. Unless otherwise specified, you may cancel your Business Service at any time by contacting Canabee or by emailing your designated Canabee account representative. Canabee may change the pricing for Business Services (from time to time in its sole discretion) by notifying you at the current e-mail address associated with your Business Account or otherwise. Any changes in pricing will not take effect until ninety (90) days after Canabee’s attempt to send such e-mail notice.
4.2 Payment Terms. Business Services may be offered on a paid or a free basis. If you enroll in a paid Business Service, you agree to pay the then-current applicable Business Service fee listed on the Site or quoted to you by Canabee in writing. Canabee accepts payment by credit card via PayPal. When you pay by credit card, Canabee will automatically bill your credit card submitted in ordering the Business Service on the date the Business Service is activated, and each month thereafter, until you cancel the applicable Business Service. In the event that you cancel a Business Service or it is otherwise terminated; reactivation of your Business Account and related Business Services may be subject to additional reactivation fees in Canabee’s sole discretion.
ALL PAYMENTS ARE NON-REFUNDABLE, IN WHOLE OR IN PART, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO CANCELLATION OR TERMINATION OF SERVICES. If you elect to pay by credit card, you hereby authorize Canabee to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Canabee may provide you, via email or other method, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Canabee (a) may provide any priority Business Services you have ordered to another paying Customer (e.g., any ad space that you have reserved), (b) may permanently revoke any existing offers related to pricing or discounts, and/or (c) may terminate the applicable Business Service.
5. CONSUMER SITE
5.1 License. Subject to the terms of this Agreement, Canabee grants you a non-transferable, non-exclusive, license to use the Site and Business Services subscribed to through your Business Account solely in accordance with this Agreement.
5.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host (except where hosting is necessary to offer certain Services), or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Consumer Site or Services; (c) you shall not access the Consumer Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Consumer Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Consumer Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
5.3 Modification. Canabee reserves the right, at any time, to modify, suspend, or discontinue the Consumer Site or Services or any part thereof with or without notice. You agree that Canabee will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
5.4 Ownership. Excluding your Customer Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in the Consumer Site and Services are owned by Canabee or Canabee’s licensors. The provision of the Consumer Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Canabee and its licensors reserve all rights not granted in this Agreement.
6. CUSTOMER CONTENT
6.1 Customer Content. “Customer Content” means any and all information and content that a Customer submits to, or uses with, the Customer Site or Services including advertisements, Customer business name, address, and other contact information ( “Customer Business Information”), coupons, promotional codes, giveaways, samples and other offers listed by you on the Site (collectively, “Deals”), photos, or other information uploaded by Customer to the Site. You are solely responsible for your Customer Content. You assume all risks associated with use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by other users of the Site and Services, or any disclosure of your Customer Content that makes you or any third party personally identifiable. You hereby represent and warrant that your Customer Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your Customer Content is in any way provided, sponsored or endorsed by Canabee. Canabee is not obligated to backup any Customer Content and Customer Content may be deleted at anytime. You are solely responsible for creating backup copies of your Customer Content if you desire.
6.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Canabee an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Customer Content (including, as applicable, your Customer Pages), and to grant sublicenses of the foregoing, for the purposes of including your Customer Content in the Site and Services and developing and distributing new, original content for use in conjunction with the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Customer Content. Some of your Customer Content (including, as applicable, your Customer Pages) may continue to be publicly displayed and distributed on the Site and Services following termination or expiration of this Agreement.
6.3 Feedback. If you provide Canabee any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Canabee all rights in the Feedback and agree that Canabee shall have the right to use such Feedback and related information in any manner it deems appropriate. Canabee will treat any Feedback you provide to Canabee as non-confidential and non-proprietary. You agree that you will not submit to Canabee any information or ideas that you consider to be confidential or proprietary.
7. ACCEPTABLE USE POLICY.The following sets forth Canabee’s Customer “Acceptable Use Policy”:
7.1 General Restrictions. You agree not to use the Consumer Site or Services to collect, upload, transmit, display, or distribute any Customer Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (d) is otherwise designed, in Canabee’s sole discretion, to attack or damage the reputation of your competitors or other Customers or End Users on the Site.
7.2 Compliance with Applicable Laws. You may not use the Services to post or communicate any information in contravention of any applicable laws or regulations. All the Customer Content you post on the site must comply with all applicable laws, whether national, state, or provincial, including, without limitation, those regulating the advertising of cannabis or cannabis-related products and provision of any Deals. You must comply with all applicable laws, regulations, and industry standards in conducting your business, and in the event that any person, entity, or government authority accuses you of any illegal or unethical conduct, Canabee shall have the right in its sole discretion to immediately suspend or terminate Your use of the Business Services upon notification in accordance with Section 10 below.
7.3 Cannabis-related Description Restrictions. Without limiting the generality of the foregoing, you may not use the Services to post or communicate any information (including Customer Content) which (a) makes any deceptive, false, or misleading assertions or statements about your products and/or services, (b) promotes over consumption of your products and/or services, (c) represents that the use of cannabis has curative or therapeutic effects, (d) depicts a child or other person under legal age, or otherwise suggests the presence of such person, and/or (e) is designed in any manner that would be especially appealing to persons under twenty-one years of age.
7.4 Customer Content Overview. You may not upload or otherwise post any information to your Business Account (including, but not limited to, your Customer Pages) that refers or links to any third-party web sites or services for aggregated cannabis dispensaries, retail locations, and/or medical provider listings. You must maintain your Customer Content (including any applicable Customer Business Information) so that it is accurate and current.
7.5 Reviews. You agree not to post reviews on the Consumer Site (using your Customer Account or any other Canabee End User account) that are (a) about your own cannabis dispensary, retail location, and/or medical provider entity or a competitor’s cannabis dispensary, retail location, and/or medical provider entity or (b) your products or competing products. Reviews based on secondhand, non-personal experience, or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience, are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about any person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, (f) contain references to products, cannabis dispensaries, retail locations, and/or medical providers other than the product or entity being reviewed, or (g) contain unrelated personal grievances.
7.6 Photos. Any photo images must be relevant and appropriate to the Customer and its business or product as featured on the Site. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5.
7.7 Technological Restrictions. You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Customers or End Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Canabee or gain unauthorized access to the Site or Services, other Customer Pages, or other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
7.8 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any Customer Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your Customer Content, terminating your Customer Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
8. INDEMNITY.You agree to indemnify and hold Canabee (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interactions with any other users of the Site or Services (including other Customers or existing or potential customers); (iii) your Customer Content, (iv) your violation of this Agreement; or (v) your violation of applicable laws or regulations. Canabee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Canabee. Canabee will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. OTHER USERS
9.2 Release. You hereby release and forever discharge Canabee (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Customers or End Users.
10. TERM AND TERMINATION.Subject to this Section, this Agreement will remain in full force and effect while you use the Consumer Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement, by notifying you at the e-mail address and/or phone number provided in connection with your Customer Account. It is your responsibility to ensure that we have accurate contact information on file for you. Upon termination of this Agreement, your Customer Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Customer Account involves deletion of your Customer Content associated therewith from our live databases. Canabee will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Customer Account or deletion of your Customer Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect.
11.1 No Support or Maintenance. You acknowledge and agree that Canabee will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
11.3 Electronic Communications. The communications between you and Canabee use electronic means, whether you visit the Site or send Canabee e-mails, or whether Canabee posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Canabee in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Canabee provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
11.4 Choice of Law; Venue. The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any action at law or in equity will be commenced in a federal or state court located in the Boston, Massachusetts and you and Canabee consent to the venue and jurisdiction of such courts.
11.6 Copyright/Trademark Information. Canabee®; the Canabee logo; are trademarks of Chakravarthi Ventures, LLC. You acknowledge and agree that You are not permitted to use these trademarks or any third party marks displayed on our site without prior written consent from, respectively, Chakravarthi Ventures, LLC. or the owners of such third party marks.
Chakravarthi Ventures, LLC. Copyright © 2019 Canabee®,