Terms of Use
Effective Date: October 25 2023
PLEASE READ THESE WEBSITE TERMS OF SERVICE (THE “TERMS OF SERVICE”, “TOS” OR “AGREEMENT”) CAREFULLY. THIS TOS INCLUDES WARRANTY DISCLAIMERS, LIMITS ON OUR LIABILITY, AND A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. SEE “DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY” AND “GOVERNING LAW; DISPUTE RESOLUTION” SECTIONS FOR DETAILS.
By accessing this Website (defined below), including, the websites of https://CanaCulture.ca/ and its affiliates operating in Canada, which collectively are referred to as "CanaCulture*," with all such websites collectively being referred to as "this Website", you agree to be bound by these Website Terms of Service. As used herein, “we”, “us”, and “our” refer to, individually and collectively as may be applicable, CanaCulture* and all its operating affiliates in Canada including, without limitation, CanaCulture Inc. (“CanaCulture”), and all affiliates of CanaCulture Inc.
Certain sections or pages on the Website may contain separate terms, conditions, disclosures, or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures, and disclaimers will govern for those sections or pages. These TOS are in addition to those that apply to any accounts or services you may have with us.
THIS TOS INCLUDES WARRANTY DISCLAIMERS, LIMITS ON OUR LIABILITY, AND A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION. SEE “DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY” AND “GOVERNING LAW; DISPUTE RESOLUTION” SECTIONS FOR DETAILS.
Privacy
Our privacy policy located at https://CanaCulture.shop/privacy-policy (“Privacy Policy”) governs our collection and use of information we collect about you and your rights in and to such information. By using the Website or any of our products or services, you expressly consent to our Privacy Policy, which is incorporated into this TOS by this reference.
Restrictions and related terms
The information provided on the Website and any other holding interest of ours, is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for your own personal information and visual representation without our express written consent. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access the any web pages or assets contained in the Website, Website Content or Service for any purpose.
You are strictly forbidden from:
• Compromising the integrity of the Website. This could include probing, scanning, or testing the vulnerability of Website system or network.
• Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data.
• Modifying, disabling, or compromising the integrity or performance of the Website or related systems, network or data.
• Deciphering any transmissions to or from the servers running the Website.
• Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
• Placing orders through the Website that we, in our sole reasonable discretion, are designed to disrupt or interfere with the ordinary management of our inventory or processing of customer orders. Further, subject only to applicable laws and regulations, we reserve the right, in our sole discretion, to limit the quantity of products that you may order through the Website or at any of our store locations.
• Misrepresenting yourself, or any information you provide to us through use of the Website or otherwise.
• Using the Website to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services.
• Using to the Website to harass, or post direct, specific threats of violence against others.
• Using the Website for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws).
• Accessing the Website by any means other than our publicly supported interfaces (for example, “scraping”).
• Using the Website to generate or send unsolicited communications, advertising, chain letters, or spam.
• Soliciting our customers for commercial purposes, unless expressly permitted by us in writing.
• Disparaging us or our partners, vendors, or affiliates.
• Promoting or advertising products or services other than your own without our express prior written authorization.
Eligibility
The Website is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) years of age and older and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) years of age or older, that you have a valid medical marijuana registration card. Certain parts of the Website may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Website or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Website and Services are not available to minors.
Communications
By providing your email address to us, you are consenting to receive e-mail marketing communications from us until you opt out. You can opt out of such e-mail marketing communications by following the opt-out instructions you receive in any such e-mail.
Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
Use of the Site
You agree that you will not engage in any activities related to the Website that are contrary to applicable law, regulations or the terms of any agreements you may have with us, our vendors, or other third parties in connection with your use of this Website. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. Further, you agree not to misuse this Website or its contents. If you need accommodations in order to use this Website, please contact our customer service staff by sending an e-mail to the e-mail address, or calling the telephone number, located at "Contact me" on this Website.
We grant you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Website and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Website by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Use of Information Included on this Website
All information provided on the Website is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to us may affect the applicability of any statement or comment made on the Website to your particular circumstances.
Disclaimer of Warranty and Limitation of Liability
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.
SUCH INFORMATION OR TOOL IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE, FAILURE TO MAINTAIN YOUR ACCOUNT INFORMATION, FAILURE OF PERFORMANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE OF OUR CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE. FURTHERMORE, WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR CanaCulture*’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN CanaCulture*’S DEFENSE OF ANY CLAIM. CanaCulture* RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF CanaCulture*.
Submissions
All information submitted to CanaCulture* via this Website shall be deemed the property of CanaCulture*. CanaCulture* will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides to CanaCulture* through this Website. CanaCulture* shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by CanaCulture* executing a confidentiality agreement or as otherwise required by law.
Available Only Where Permitted By Law
The products and services described this Website are only offered in jurisdictions where they may be legally offered for sale. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.
Third Party Sites and External Links
Links to other websites or references to other products, services or publications do not imply the endorsement or approval of such websites, products, services, or publications by us. Third party websites reached through links from this Website may also have privacy and security policies different from ours and may provide less security. We are not responsible for the collection, use, or security of information by companies outside of CanaCulture* that may be linked to on this Website. If you choose to access any software available through links from this Website, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software. Please review the privacy and security policies of websites reached through links from this Website.
There are some areas of the Website that implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SITES AND EXTERNAL LINKS IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SITES.
Copyrights, Trademarks, & Restrictions
The Website and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Website are owned by or licensed by Cresco Labs, LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
Except as expressly permitted in writing by Cresco Labs, LLC, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without our prior written consent or such third party that may own the Material or intellectual property displayed on the Website.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, SCRAPING, SELLING, POST, REVERSE ENGINEER,OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Cresco Labs, LLC will aggressively enforce its rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
Copyright © https://canaculture.ca. All Rights Reserved.
All information at this Website is protected under the copyright laws of Canada and other countries. In addition, certain information may have been copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website. Inquiries about permission should be directed to:
Contact
CanaCulture Inc.
914 Eglinton Ave W.
Toronto, ON M6C 2C2
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Website for any commercial purpose. Non-Canada Residents: CanaCulture* operates the Website in Canada. We make no representation that the Materials are appropriate or available for use in locations other than Canada. If you access the Website from locations outside of Canada, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Enforceability
In the event any part of this Website is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Website shall remain in full force and effect.
Governing Law; Dispute Resolution
This TOS will be governed by and construed under the substantive laws of the province of Ontario, as if they were a contract wholly entered into and wholly performed within Ontario and without reference to conflict-of-laws considerations.
ANY DISPUTE RELATING IN ANY WAY TO THIS TOS OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ONTARIO AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION IN CONNECTION TO THIS TOS SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (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 MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Changes
From time to time, we may change these Terms. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Website following any changes indicates your acceptance of those changes.