Terms and Conditions of Website Use
Last Updated: April 2021
OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Company. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Company, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Company. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Company. To obtain written consent for such reproduction, please contact us at firstname.lastname@example.org.
As a condition of your use OR ACCESS TO OUR WEBSITE, you warrant that:
you have reached the LEGAL age of CANNABIS CONSUMPTION in your jurisdiction of residence;
YOU WILL TAKE REASONABLE STEPS TO ENSURE THAT YOU DO NOT ALLOW ANY PERSON WHO HAS NOT YET reached the LEGAL age of CANNABIS CONSUMPTION in your jurisdiction of residence TO SEE THE WEBSITE;
you possess the legal authority to create a binding legal obligation;
you will use the WEBSITE in accordance with these Terms and Conditions;
all information supplied by you on the WEBSITE is true, accurate, current and complete; and
If you are accessing or using the WEBSITE on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms and Conditions.
If you wish to purchase any product or service made available through the Website, you may be asked to provide us with information relevant to your purchase such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We can use that information with our third party providers in order to provide you with the product or service, charge you for the product or service or otherwise administer our relationship with you.
As a condition of your PURCHASE you warrant that:
YOU RESIDE IN CANADA;
you have reached the LEGAL age of CANNABIS CONSUMPTION in your jurisdiction of residence;
YOU ARE PURCHASING THE PRODUCT OR SERVICE FOR YOUR OWN USE, OR FOR USE BY A PERSON WHO HAS REACHED THE LEGAL AGE OF CANNABIS CONSUMPTION IN YOUR JURISDICTION OF RESIDENCE;
YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) IN CONNECTION WITH YOUR PURCHASE; AND
you ARE USING the WEBSITE in accordance with these Terms and Conditions, INCLUDING THE CONDITIONS OF YOUR USE OR ACCESS SET OUT ABOVE.
We can refuse or cancel your order at any time for any reason, including: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.
PRODUCT OR SERVICE DESCRIPTIONS
WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT ANY PRODUCT OR SERVICE DESCRIPTIONS, OR OTHER INFORMATION IS COMPLETE, ACCURATE, CURRENT, RELIABLE OR OTHERWISE ERROR FREE. If a product or service we offer is not as described, your sole recourse is to return it to us in new and unused condition for a refund.
RISK OF LOSS
We will make arrangements with a third party service provider to send you any physical items you purchase from us. The risk of loss and title for those items pass to you when we deliver them to that third party service provider.
If you make a return, you must make arrangements with a third party service provider to send us any returned items. The risk of loss and title of returned items pass to Company when the item arrives at our facility. We will provide you a refund for returned items so long as the item is returned in new and unused condition. We’ll use our reasonable discretion in determining whether or not an item is in new and unused condition. At our discretion, we may chose to provide refunds in other circumstances.
Sometimes we may offer discounts to the price of our products or services. Those discounts are to our usual prices at the time the discount is applied. We may change our prices at any time and from time to time by updating our Website. As a result, we do not confirm the price of any product or service on our Website until you place your order.
Occasionally, there will be pricing errors. If the correct price of a product or service is higher than the price we charged you, we can, at our discretion, accept the price you paid, contact you for instructions before shipping, or cancel your order and notify you of the cancellation.
We will charge your credit card once you place your order.
Any Content on the Website is provided for general informational purposes. The Content is not a representation, warranty or condition about the properties or efficacy of any product or service. It is not a substitute for professional medical advice. Always seek the advice of a physician or other qualified health care practitioner for any questions you may have about any illness or other condition including the suitability or effectiveness of any course of treatment. Never disregard any professional medical advice because of anything you read on the Website.
It is our goal to provide increased value to visitors to our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Company and that Company has no control over the content of such websites. Consequently, we cannot be held liable and make no warranty, representation or condition whatsoever as to the accuracy, timeliness, or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such websites.
USER CODE OF CONDUCT
As a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition to the foregoing, you agree not to:
upload, post, comment, e-mail or otherwise transmit any statements or material that:
constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
attempt to share or provide unauthorized access to the Website or Content to those who have not reached the legal age of cannabis consumption;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
DISCLAIMER / LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
You agree to indemnify and hold harmless Company, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms and Conditions.
If you use our Website to order products or services from us, or send us messages, you consent to receive communications from us electronically, such as e-mails, texts, or notices on the Website itself. You should retain copies of these communications for your records. If there is a legal requirement that any agreement, notice, disclosure or communication be in writing, you agree that providing it to you electronically satisfies that legal requirement.
COOKIES AND YOUR ACCOUNT
If you choose to accept the cookie from our Website, we will not ask you to verify your age every time you visit our Website and our third party payment processor may save your payment information. AS A RESULT, IF YOU CHOOSE TO ACCEPT THE COOKIE FROM OUR WEBSITE, YOU MUST ENSURE THAT YOU DO NOT ALLOW ANY PERSON WHO HAS NOT YET reached the LEGAL age of CANNABIS CONSUMPTION in your jurisdiction of residence TO ACCESS THE WEBSITE THROUGH YOUR DEVICE OR COMPUTER. IF YOU CANNOT OR ARE NOT WILLING TO ENSURE THIS, YOU MUST NOT ACCEPT COOKIES FROM OUR SITE.
CANADIAN CUSTOMERS, SANCTIONS AND EXPORT
You may not order products or services from our Website if you do not reside in Canada. We will only send items to a Canadian address. You may not use our Website if you are the subject of Canadian sanctions. You must comply with all Canadian or other export and re-export restrictions that may apply to our products or services.
CHANGES AND TERMINATION
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Company reserves the right to change these Terms and Conditions at any time and to notify you by posting an updated version of the Terms and Conditions on this Website. You are responsible for regularly reviewing the Terms and Conditions, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Company to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms and Conditions (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.
The logos and marks containing “ENDLESS SKY” are trade-marks of Company or our affiliates. Other marks, graphics, typefaces, trade-marks and logos appearing on the Website are also trade-marks or trade dress of Company. All other trade-marks appearing on the Website are property of their respective owners. Our trade-marks and trade dress may not be used in any manner for any purpose without our express written consent.
APPLICABLE LAWS AND SEVERABILITY
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Edmonton, Alberta.
If any provision of the present Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms and Conditions and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions, by posting notices or links to such notices on the Website itself.
INTELLECTUAL PROPERTY COMPLAINTS
If you believe that your intellectual property rights are being infringed, please contact us at the contact details listed below under “Contact”.
If you have any questions or comments regarding these Terms and Conditions please contact us at email@example.com.