This website is operated by California Cannabis Co.Throughout this website (“Site”), the terms “we,” “us” and “our” refer to California Cannabis Co.
California Cannabis Co. offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms of Service carefully before accessing or using this Site. By visiting our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 1 – General Conditions
The Site is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Site. By agreeing to these Terms of Service, you represent that you are at least 21 years old.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any other computer code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Service to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, use of the Site or Service, or access to the Site or Service or any contact on the Site through which the Service is provided, without express written permission by us.
Section 2 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 3 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 4 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use or display in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
We may, but shall have no obligation to monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 5 – Personal Information
Section 6 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions.
California Cannabis Co. does not represent or provide a warranty as to the accuracy of the information contained herein. We undertake no obligation to update, amend or clarify information in the Site or Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website, should be taken to indicate that all information in the Site orr Service or on any related website has been modified or updated.
Section 7 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Site or Service or any related website for violating any of the prohibited uses.
Section 8 – No Medical Advice
You acknowledge and agree that the Site and Service do not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that we do not evaluate the need to seek medical attention, through the Site or Service. The Site and the Service are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Site for diagnosing or treating a health problem or disease, or as a substitute for any medication or other treatment.
Always consult your physician or other qualified healthcare professional if you have any questions regarding the use of any product, particularly if you take prescription medication or believe that you may have a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or the Services. In addition, you should carefully read all labels and other information in product packaging before using any product purchased from the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Site or the Service is solely at your own risk. Information and statements regarding the products have not been evaluated by the Food and Drug Administration. The efficacy of the products has not been confirmed by FDA-approved research. The Products are not intended to diagnose, treat, cure or prevent any disease.
Section 9 – Disclaimer of Warranties; Limitation of Liability
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all warranties, including but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose, as well as any warranties arising from a course of dealing, course of performance or usage of trade. The above limitations on warranties shall apply to the fullest extent permissible under applicable law.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In no case shall California Cannabis Co., our directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or Service or any products procured using the Site or Service, or for any other claim related in any way to your use of the Site or Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Service or any content (or product) posted, transmitted, or otherwise made available via the Site or Service, even if we are advised in advance of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 10 – Indemnification
You agree to indemnify, defend and hold harmless California Cannabis Co. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party for loss, harm or damage arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Section 11 – Compliance with Applicable Law
The Site and the Service are based in the United States. We make no claims concerning whether the Site or the Service may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Section 12 – Digital Millennium Copyright Act
We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Elisa J. Stewart
470 East Herndon Avenue
Fresno, CA 93720
If you believe that your work has been copied on the Site and/or the Service in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site and/or the Service where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Counter notification, as permitted by applicable law and, in particular, the Act, may be sent to our designated agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures.
If you fail to comply with the requirements above, your notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on this Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the Act.
Section 13 – Arbitration Agreement
In the event of a dispute arising under or relating to these Terms of Service or the Services or any other products or services provided by us (each, a “Dispute”), the parties shall engage in mandatory, non-binding good-faith settlement discussions as a prerequisite to binding arbitration governed by the Federal Arbitration Act (“FAA”).
NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
Subject to the limitations above, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Nothing in this Agreement will prevent California Cannabis Co. from seeking injunctive relief in any court of competent jurisdiction as necessary to protect California Cannabis Co.’s proprietary interests.
Section 14 – Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS ABOVE WAIVER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Section 15 – California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Section 16 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and Services (or any part thereof).
Section 18 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Service and/or access to the Site shall be governed by and construed in accordance with the laws of the state of California.
Section 20 – Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 21 – Additional Disclosures
The information available on the Site is not intended to provide any financial disclosures or investment-related materials and should not be used as the basis for investment consideration into California Cannabis Co. The content of this website is intended purely for informational purposes. We reserve the right to modify, change or remove any content at any time at our sole discretion.
Section 22 – Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org