The following TERMS & CONDITIONS (“Terms & Conditions”) are a legal and binding agreement between you and CannapharmaRx (“CannapharmaRx,” “we,” “our”, or “us”), governing your online use of our website available at www.cannapharmarx.com (the “Website”) and your orders for our medical cannabis, CBD-based, and craft products that may be available on the Website (our “Products”).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU ACCESS OUR WEBSITE, REVIEW OUR PRODUCTS, OR PLACE AN ORDER. By placing an online order for our Products, by clicking “I accept” to the Terms & Conditions when this option is made available to you, or by using our Website, you accept and agree to be bound by these Terms & Conditions and affirm that you are of legal age to enter into a binding agreement with us.
1. CHANGES TO TERMS & CONDITIONS.
We may revise and update these Terms & Conditions from time to time at our sole discretion. All changes are effective immediately when we post them to our Website, and the changes apply to all use of the Website and orders made by our customers thereafter. However, any changes or modifications to these Terms & Conditions will not apply retroactively.
2. ACCESS, ACCOUNT SECURITY & PRIVACY.
2.1 Availability and Access. From time to time, at our discretion, we may restrict your access to some parts of the Website. We reserve the right to withdraw or amend any of the offers, Product details and descriptions, and other material we provide to you on our Website, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
2.2. Account Security. If you choose to create an online account with CannapharmaRx as part of your online orders for Products, you are solely responsible for retaining all login information and account names. You acknowledge that your account is personal to you, and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.
We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms & Conditions.
2.3 Privacy. Your privacy and the protection of the information you may submit through the Website are important to CannapharmaRx. To access your orders and register an account with us, you may be asked to provide registration details (for example, your email address, name, and payment card information) or other identifying information. A condition of your use of the Website is that all the information you provide to us or through the Website is correct, current, and complete. All information you provide to register with or use our Website is governed by our Privacy Policy.
3. INTELLECTUAL PROPERTY RIGHTS.
The Website (including all content, Product offerings, underlying copyrights, source code, features, software, text, displays, images, video, designs, and online formatting) are owned by CannapharmaRx, its licensors (if any), or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We stress that the value of our Products and Website is based, at least in part, on the unique rights we hold. As such, we will pursue all necessary action to protect the rights inherent in those Products and our Website.
These Terms & Conditions permit you to use the Website for your personal use, including for Product orders or contacting us to enter into business-to-business relationships. Accordingly, you must not unlawfully reproduce, distribute, modify, or create derivative works of any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download copies of your order receipts and purchase history from the Website for your own personal, non-commercial use.
- If we provide desktop, mobile, or other applications for download, you may download copies to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.
By using the Website, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by CannapharmaRx.
4. TRADEMARKS.
The CannapharmaRx name, any logo we display on our Website, and all related names, Product and service descriptions, and slogans are trademarks of CannapharmaRx or its affiliates. You must not use such marks and logos without the prior written permission of CannapharmaRx.
5. COPYRIGHT INFRINGEMENT.
CannapharmaRx is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. CannapharmaRx will promptly process and investigate notices of claimed infringement based on our user Submissions or our Products, and we will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c). All notifications of claimed copyright infringement must be submitted to the contact information set forth at the end of these Terms & Conditions. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED OR USED ON THE WEBSITE IN A WAY THAT CONSTITUTES COPYRIGHT OR TRADEMARK INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY.
6. PROHIBITED USES.
You may use the Website only for lawful purposes—for example, to view and investigate general information on our Products—and in accordance with these Terms & Conditions. During your visits to our Website, you agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm any person (including minors) in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CannapharmaRx or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use for any commercial purposes—i.e., purposes beyond your personal viewing purposes and orders—any part of the Website.
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including unlawfully monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce to the Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which they are stored or hosted, or any server, computer, or database connected to the Website.
- Otherwise attempt to interfere with the proper working of the Website and our online order system.
7. YOUR SUBMISSIONS.
7.1 Description. During your access to and review of the Website, you are solely responsible for any information, review, content, or other material you transmit to or through the Website or otherwise to us (collectively, “Submissions”). For example, if you make a social media post concerning the Website, which is ultimately linked to us, you are responsible for the content of that Submission. Moreover, you understand that, except for any personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions to CannapharmaRx are considered non-confidential and non-proprietary.
7.2 Ownership of Submissions. For purposes of your relationship with CannapharmaRx, you retain all ownership rights for all content and Submissions created in your interactions with the Website and us.
7.3 License Grant; Representations. In connection with any Submission, you grant (to the extent available to you) CannapharmaRx an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to (A) make changes to our Website that may affect how content for your Submissions appear; (B) use and disclose metrics regarding your Submissions, in a format that does not include personal information; and (C) remove any Submission that is in violation of these Terms & Conditions. You represent and warrant that: (i) you have the right to submit the Submission to CannapharmaRx and grant the rights set forth above; (ii) CannapharmaRx will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (iii) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the Submission complies with these Terms & Conditions and all applicable laws and regulations.
CANNAPHARMARX TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION.
8. CONTENT STANDARDS.
We pride ourselves on an interactive Website that allows our visitors and customers to view the Products and make purchases in a professional environment. We strive to highlight the benefits and unique features that underly our Products, which is done through our Website. Accordingly, all Submissions or other information you post to or transmit through the Website must not: (A) contain any material that is defamatory, obscene, indecent, abusive, harassing, or hateful; (B) promote sexually explicit activities or pornographic material; (C) infringe any patent, trademark, trade secret, copyright, or other intellectual property right of others; (D) violate the legal rights (including privacy rights) of any others; or (E) promote illegal activity.
9. MONITORING AND ENFORCEMENT.
To enforce these Terms & Conditions and protect the integrity of the Website, we retain the rights to: (A) remove any Submissions for any or no reason, at our sole discretion; (B) take appropriate legal action in connection with any illegal or unauthorized use of the Website; and (C) terminate or suspend your access to all or part of the Website for any violation, or suspected violation based on evidence available to us, of these Terms & Conditions. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
10. LINKS TO OTHER SOURCES.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and are subject to the terms and conditions for such websites.
11. DISCLAIMERS & LIMITATION.
11.1 Disclaimer of Warranties. OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS SEEN” ON THE WEBSITE, WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CANNAPHARMARX DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND THE WEBSITE AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS. ANY STATEMENTS WE MAKE ON THE WEBSITE CONCERNING OUR PRODUCTS CONSTITUTE DESCRIPTIONS AND GENERAL INFORMATION ON OUR PRODUCTS, MADE AVAILABLE FOR YOUR CONVENIENCE ONLY; HOWEVER, SUCH DESCRIPTIONS DO NOT CREATE AN IMPLIED CONTRACT WITH YOU OR ESTABLISH A STANDARD OF PERFORMANCE FOR THE PRODUCTS.
11.2 Medical Disclaimer. The information contained on this Website is not intended to replace competent medical advice or the direction of your personal physician(s). The Website, and any anecdotal experiences of users expressed therein (including through Submissions), serves as information only, which you should use, with caution, in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
Moreover, the information we present on the Website is not given with the intention of diagnosing any condition or prescribing any treatment. If you use the information presented on the Website without a licensed medical practitioner’s approval, you will be diagnosing your medical needs for yourself. We do not assume any responsibility if you use the information on the Website in place of a licensed medical practitioner’s services. No guarantees of any kind are made for the performance or effectiveness of the Products mentioned on this Website unless done so through a separate, written contract with us.
11.3 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CANNAPHARMARX, ITS AFFILIATES, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST CANNAPHARMARX, EVEN IF FORESEEABLE BY YOU OR US.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
12. GENERAL TERMS.
12.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy), these Terms & Conditions constitute the sole and entire agreement between you and CannapharmaRx regarding the Website and your Product orders. These Terms & Conditions supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and your Product orders.
12.2 Severability. If any provision of these Terms & Conditions is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
12.3 Governing Law. All matters relating to the Website and these Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website must be instituted exclusively in the federal or state courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.4 Contact Information. For questions about these Terms & Conditions or the Website, please contact: support@cannapharmarx.com.
Last updated: January 30, 2023