Last updated January 16, 2024
WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Agreement”) are a legal agreement between you and Cannakeys, LLC (hereinafter referred to as “Website Owner”), the owner and developer of CANNAKEYS (hereinafter referred to as “Site”). By registering for any service provided on CANNAKEYS, you become a client (“Client”), and you agree to be bound by all of the terms (the “Terms of Use”) outlined in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY CANNAKEYS SERVICE. The Terms are subject to change, effective upon your notice.
1. Limitations of Liability and Indemnification. By using any services provided by Site, you agree that in no event will Site, Website Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by the Site or Website Owner shall be a return of any fees paid to the Site or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless the Site, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services, and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Site, including any breach by you of the Terms contained in this Agreement.
2. User Representations. By using the Site, you represent and warrant that: 1-all registration information you submit will be true, accurate, current, and complete; 2- you will maintain the accuracy of such information and promptly update such registration information as necessary; 3- you have the legal capacity, and you agree to comply with these Terms of Use 4- you are not a minor in the jurisdiction in which you reside; 5- you will not access Site through automated or non-human mean, whether through a bot, script, or otherwise; 6- you will not use SITE for any illegal or unauthorized purpose; and 7- your use of Site will not violate any applicable law or regulation 8- users are at least 18 years old. Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, you will be suspended or terminated from your account and refuse any use of the Site.
3. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people you meet online through the services provided on Site. You understand that Site and Website Owner do not perform psychological testing or background checks on the individuals who may use the Site services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site, which includes but is not limited to exchanging e-mails first before giving out any personal information and meeting in a public place.
4. Fees and Payment. The Site accepts the following payment methods:
–Visa
–Mastercard
–American Express
–Discover
–PayPal
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. Suppose your purchase is subject to recurring charges. In that case, you consent to our charging your payment method regularly without requiring your prior approval for each recurring charge until you notify us of your cancellation. If automatic payment is denied for any reason, and you do not correct the denied payment within 14 days of notification, we will terminate your subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
5. Cancellation. First-time users may cancel their subscription within 14 days for annual subscriptions and seven days for one-month subscriptions. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with the services provided by CANNAKEY, please email the Website Owners at [email protected].
6. Account and Password. When using our Site to purchase products or services, you must create an account by providing an email address and password. You are solely responsible for maintaining the secrecy of your account password. Your account is for your use only. You may not authorize others to use your account or transfer your account to any other person. You agree that the Site is not responsible for another party’s access to your account resulting from misappropriating your login details. You agree that you will notify the Site promptly of any unauthorized access or use of your account by contacting the Website Owner at [email protected]
7. Do Not Rely on CANNAKEYS For Medical Advice. Opinions, advice, statements, or other comments should not necessarily be relied upon and should not be construed as medical advice. Site and Website Owner do not guarantee the accuracy or completeness of any information provided and are not responsible for any loss resulting from your reliance on such information. If you have questions about how any of the information on the Site might apply to you, consult a licensed medical professional.
8. FDA Disclaimer, Warnings, and Trademark Statement. Services should be used only for educational and research purposes. Consult with a physician before use if you have a severe medical condition or use prescription medications before making any decisions to change your physician-recommended treatment. Doctor’s advice should be sought before applying any information on the Site’s website. All trademarks, copyrights, and property of their respective owners are not affiliated with nor do they endorse these services. The FDA has not evaluated these statements. The Site is not intended to diagnose, treat, cure, or prevent any disease.
9. Warning re: Offensive Information. Other Site clients may post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Site, have access to personal information about you. Site, Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for releasing such information by others about you.
10. Lawful Use of CANNAKEYS. The information provided on Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent the local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register as a user on the Site.
11. Prohibited Activities on the CANNAKEYS website.
(a) You may not access or use the Site for any purpose other than that for which we make the Site available. The Site and its outputs may not be used as part of any commercial endeavors except those specifically endorsed or approved by us. Supported activities include direct individual patient consultations and communications.
(b) By using the Site, users agree NOT to do any of the following:
(i) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
(ii) Make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
(iii) Use a buying agent or purchasing agent to make purchases on the Site.
(iv) Trick, defraud, or mislead us and other users, especially to learn sensitive account information such as user passwords.
(v) Misuse our support services or submit false reports of abuse or misconduct.
(vi) Engage in any automated system, such as scripts to send comments or messages, data mining, robots, or similar data gathering and extraction tools.
(vii) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
(viii) Attempt to impersonate another user or person or use the username of another user.
(ix) Sell or otherwise transfer your profile.
(x) Use any information obtained from the Site to harass, abuse, or harm another person.
(xi) Decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Site.
(xii) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
(xiii) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
(xiv) Delete the copyright or other proprietary rights notice from any Content.
(xv) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(xvi) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
(xvii) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
(xviii) Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
12. Right to Monitor. Site and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the preceding, you remain solely responsible for using any information on the site.
13. Confidentiality. It is agreed that all personal information given to Site or Website Owner will be kept confidential by Site and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex) may be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by Site, in which case the confidentiality clause contained in this Agreement is rendered null and void.
14. Protection of Privacy and Security. To review how we collect, use, or disclose your personal information, you may refer to Information about the Site’s privacy policy, which can be found at https://cannakeys.com/privacy/. To maintain the privacy and security of the Site, you must not disclose any security or privacy vulnerabilities to any person except the Owner. If you experience any issue that might threaten the Site’s security, you must notify the Owner immediately.
15. Ownership, Copyrights, Trademarks, Licenses. Site and Website Owner own and retain all proprietary rights to the Site’s service, trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of the Site and Website Owner. By posting information to the Site and Website Owner, you represent that you have the right to grant permission for use by the Site and Website Owner.
(a) The information provided by the Site will continue to be the exclusive property of the Website Owner. Using the Site shall not be deemed to convey any right, title, or interest, including patent, copyright, or other proprietary right, in or to such information. The programs and software that operate the Site website are confidential trade secrets of the Website Owner and, therefore, you agree not to modify the programs or any embodiment thereof or attempt to decipher, decompile, disassemble, or reverse engineer the programs or software or any embodiment thereof.
16. Linking To Our Site. You may link to our Site, provided you do so fairly and legally and do not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that you do not own. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage. We reserve the right to withdraw linking permission without notice for any reason. The website you are linking must comply with these Terms of Use.
17. System Integrity. You may access the Site for everyday use. You may not use any device, software, routine, or agent to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to or with third parties or use your password for any unauthorized purpose. You may not attempt to log in with a User ID other than your own. We do not guarantee continuous, uninterrupted access to our services and operation of the Site. Numerous actions beyond our control may interfere with the Site.
18. Links to Third Party Websites. When our Sites contain links to other websites and facilitate registration to events and activities hosted by other third parties, those websites are not governed by this Agreement. Whether we have posted those links or other organizations or individuals have, you should read their Privacy Policies and Terms of Use and decide whether you want to use those websites or their services.
19. No Warranties. Site and Website Owner provide the Site services on an “as is” basis and do not make any warranty, express, implied, limited, or other concerning the services offered. The Site and Website Owner do not warrant that the service will always be available, uninterrupted, error-free, meet your requirements, or that any service defects will be corrected.
20. Dispute Resolution.
(a) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
(b) Binding Arbitration
(i) If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The AAA Consumer Rules shall govern your arbitration fees and your share of arbitrator compensation and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines such costs to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, by submitting documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will occur in Alameda County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
(ii) If, for any reason, a dispute proceeds in court rather than in arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Alameda County, California. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
(iii) In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(c) Restrictions. The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) 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.
(d) Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of California, and you now consent to the jurisdiction of any such court.
22. Severability. The remaining provisions will be in full force and effect if any provision is invalid.
23. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on-site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, will be published on the website for others to view along with your User ID. Your name, address, and e-mail address are kept confidential except where provided above.
24. Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
25. User Data. We will maintain specific data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you, at this moment, waive any right of action against us arising from any such loss or corruption of such data.
26. Electronic Communications, Transactions, and Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. Miscellaneous. These Terms of Use and any policies or operating rules posted by us on the Site or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship was created between you and us due to these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Disclaimer.
(a) THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(b) Information on this site is provided for informational purposes only and is not meant to substitute for the advice provided by your physician or other medical professional. You should not use the information herein to diagnose a health problem or disease. If using a product, you should read carefully all product packaging. If you have or suspect a medical problem, promptly contact your healthcare provider.
(c) Information on this site is based on scientific studies (human, animal, or in vitro), clinical experience, or traditional usage as cited in each article. The results reported may not necessarily occur in all individuals. Treatment with prescription or over-the-counter medication is also available for many of the conditions discussed. Consult your physician, nutritionally oriented health care practitioner, and pharmacist for any health problem before using supplements or changing prescribed medications.
28. Entire Agreement. This Agreement constitutes your entire Agreement with the Site and Website Owner concerning any services.
29. Waiver. The failure of the Site or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Site or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
30. Contact Information. If you have any questions about the Terms of the User Agreement, please get in touch with CANNAKEYS at the following email address: [email protected]
You further understand and agree that clicking or pressing “I agree” is the electronic equivalent of a written signature of this Agreement.
