Safety Acknowledgment — Cannabis is a Schedule I controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. By using this Platform, you acknowledge the information contained in these Terms and Conditions, the information provided on this Platform, within any of CS2s social media pages or channels, and all of the documentation and literature included with any product identified on the Platform, was developed for informational and educational purposes only. In no way is any of the information contained in these Terms and
the Platform, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Platform, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Platform (the “Content”) are owned by Canndid Spirit Too LLC DBA Excelleaf a(or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between CS2 and you, all right, title and interest in and to the Content will at all times remain with CS2 and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Platform, are registered and/or common law trade names, trademarks or service marks of CS2.
Limited Use; Restrictions on Use — You are permitted to use the Content and/or any services and products on the Platform for lawful purposes as provided in the Terms and Conditions only; any other use or misuse of any Content is strictly prohibited. CS2 grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without CS2’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of CS2 in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Platform, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to CS2, the Owner, or any third party referenced therein. CS2 reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Platform shall be construed as conferring any license under CS2’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, CS2 may revoke any of the foregoing rights and/or your access to the Platform, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Job Postings — If you use the Platform to apply for any job posting, you represent and warrant that any and all information you provide will be complete, up to date and accurate.
Submitted Ideas — If you submit any ideas, suggestions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or similar materials (collectively “Submitted Ideas”), all such Submitted Ideas disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of CS2. Further, you understand and acknowledge that CS2 employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that CS2 is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that CS2 assumes no obligation of confidentiality or nondisclosure, expressed or implied by considering your Submitted Ideas. Without limitation, CS2 shall be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation.
● Community Guidelines—In addition to links to Social Media Sites, the Platform itself may include bulletin boards, blogs, chat rooms, comments sections, and other community
forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the CS2 relevant sections of the Social Media Sites, the “Community Forums”). If the Platform includes any Community Forums, the restrictions and obligations contained in this Section shall apply.
● CS2 shall monitor the Community Forums on a regular basis for any readily apparent violations of these Terms and Conditions or illegal content. Notwithstanding the foregoing, you acknowledge that CS2 is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
● You acknowledge that any opinions, statements, recommendations, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. CS2 reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
○ Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
○ Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, or material that depicts child-pornography, acts of violence;
○ Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
○ Any Submission that impersonates any person or entity or otherwise
misrepresents your affiliation with a person or entity;
○ Unsolicited promotions, political campaigning, advertising or solicitations; ○ Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
○ Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
○ Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose CS2 or its affiliates or its users to any harm or liability of any type.
No Archive — Even if this Platform includes features and functionality that permit you to upload certain Submissions to our services or systems, this Platform is not and shall not function as an archive. CS2 shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
No Refunds — Charges paid by you for completed orders are final and nonrefundable. CS2 has no obligation to provide refunds or credits, but may grant them, in each case in CS2’s sole discretion.
Mobile Data Fees and Usage — CS2 is not responsible for any fees or usage charges related to your access to the Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Platform from a mobile or tablet device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and any updates thereto. CS2 does not guarantee that the Platform, or any portion thereof, will function on any particular network, hardware, or devices.
Disclaimers — CS2 reserves the right to change any part of the Platform at any time without notice, subject to the “NOTICE” provision set forth below. Warranties, Limitation of Liability — THIS PLATFORM, AND ANY PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY PRODUCTS, SERVICES, INFORMATION OR SOFTWARE THEREIN. We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on the Platform is void where prohibited. Neither CS2, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to
Indemnification — YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CS2, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES, YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, CS2 RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY CS2, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH CS2’S DEFENSE OF SUCH CLAIMS. CS2 WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
Digital Millennium Copyright Act — CS2 is committed to respecting and protecting the legal rights of copyright owners. As such, CS2 adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to CS2’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● 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;
● Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
● 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; and
● A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You acknowledge that in order for CS2 to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
No Framing; Links— Framing, in-line linking or other methods of association with the Platform are expressly prohibited without prior written approval from CS2.
Ability to Accept Terms and Conditions — You affirm that you are more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
Assignment — The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CS2 without restriction.
Notice — From time to time, we may revise these Terms and Conditions. To help you stay current of any changes, CS2 may take one or more of the following steps: (1) CS2 notes the date the Terms and Conditions was last updated above, and (2) when CS2 makes a material change to the Terms and Conditions, we may post conspicuous announcements of such changes on the Platform next to the link to these Terms and Conditions. Your use of the Platform following the posting of any revised Terms and Conditions shall be deemed acceptance
of the revised Terms and Conditions. CS2 strongly recommends checking the Terms and Conditions periodically. If we are required by law to obtain your express consent for any changes to the Terms and Conditions, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Class Action Waiver — Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Platform, Products or Services signifies your explicit consent to this waiver.
Miscellaneous — CS2s failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.