Acceptance and Amendments

a.      Welcome to the Maricann® Website and mobile device applications (collectively, the “Website“) operated by Maricann Inc. (“Maricann“). The Website present and future information, products and services (collectively, the “Products and Services“) offered by Maricann through Web pages and mobile device applications that display the Maricann navigation bar or identification. These Website Use Terms and Conditions contain legal obligations to which you will be bound upon using the Website. Please read them carefully. Your access or use of this Website is expressly conditioned upon your acceptance of these Website Use Terms and Conditions and Maricann’s Privacy Policy, and any access or use of any portion of the Website or Maricann’s Privacy Policy constitutes your agreement to be bound by the Use Terms and Conditions and the Maricann Privacy Policy. If you do not agree with these Website Use Terms and Conditions or the Maricann Privacy Policy in their entirety, do not access or use any portion of this Website.

b.      By accessing and using the Website, you agree to contract electronically with Maricann.  You agree that these electronic Website Use Terms and Conditions, combined with your act of using the information and services offered on the Website, have the same force and effect as your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you will not challenge the validity, enforceability, or admissibility of these Website Use Terms and Conditions on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to print these Website Use Terms and Conditions and the agreement arising by your acceptance of them.

c.      Maricann reserves the right, in its sole discretion, to make updates or changes to the Website and these Website Use Terms and Conditions at any time. The “Last Updated” in these Website Terms and Conditions legend above indicates when these Website Use Terms and Conditions were last changed. All changes are effective immediately upon posting to the Website. Continued use of the Website following the posting of revised terms will indicate your acknowledgment and agreement to be bound by the revised Website Terms and Conditions. For this reason, we encourage you to review these Website Terms and Conditions whenever you use the Website. Certain provisions of these Website Use Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Age Restrictions

This Website is considered to be a general audience site. Maricann does not intend that any portion of the Website will be accessed or used by children or individual under the age of 18, and such use is prohibited. If you use this Website to register an account, establish a profile, access or purchase Products and Services from us, or enter our online surveys, sweepstakes, contests, promotions or drawings, you affirm that you are at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Use Terms and Conditions, the Maricann Privacy Policy, and any particular terms and conditions applicable to those Products and Services. Please contact us at privacy@maricann.ca, if you believe your child has provided Maricann with personal information in connection with the Website.

Accuracy of Information

a.      Maricann attempts to provide complete, accurate, up-to-date information and content concerning the Products and Services on the Website Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Notwithstanding our best efforts, the Maricann Website may contain typographical inaccuracies, mistakes, or omissions, some of which may relate to pricing and availability, and some Content may not be complete or current.  As a result, Maricann does not warrant, nor is Maricann responsible for, the accuracy, reliability, completeness, or usefulness of the Content or any Products and Services available on or through the Maricann Website. Maricann also has made every effort to display as accurately as possible the colors, sizes, and shapes of the Content and all Products and Services that appear on the Maricann Website.  However, Maricann cannot guarantee that your computer or mobile device monitor’s display of any of the Products and Services will be accurate. Content (including pictures, photographs, images, videos, graphics, specifications, ingredients, narrative and interviews) on the Maricann Website are for illustration-purposes only.

b.      Not all Content and Products and Services are available in all geographic areas. Your eligibility for particular Content and any Products and Services is subject to final determination by Maricann, compliance with local laws and regulations as interpreted by Maricann, and acceptance by the entity or entities providing such Content and Products and Services; and the provision of such Content or Products and Services is not an obligation of or guaranteed by Maricann.

c.      The Content and the Products and Services presented on or through the Maricann Website are made available solely for informational purposes.  The Website has been designed to provide general information about at maricann.ca related information. The Maricann Website is not intended to provide medical advice or a course of treatment or a guarantee to personal success or goals achievement many of which depend upon particular and individual user traits, characteristic, talent and levels of ability.  Nor does the Website provide instruction on the appropriate use of Content or Products and Services offered, supplied or under development by Maricann, its affiliates, related companies, or its licensors, business partners, or other companies. All users should use Products and Services reasonably, conscientiously and in moderation, and with concurrent or prior input and advice from the user’s medical professionals. Any reliance you place on Content or Products and Services available on or through the Maricann Website is strictly at your own risk and Maricann or its affiliates or related companies are not liable or responsible for any reliance place on the Website’s Content or Products and Services. All users of the Website agree that all access and use of the Website, and any and all Content and Products and Services presented on the Website, is at the user’s own risk.

d.      Maricann reserves the right to correct any errors, inaccuracies or omissions, and to discontinue, add to, modify, upgrade, or replace any or all aspects of the Content, the Products and Services or the Website in Maricann’s sole discretion and without notice. Maricann reserves the right in its sole discretion to modify, supplement, discontinue, or remove any Content or Products and Services appearing on or transmitted through the Website. Maricann also reserves the right to adjust prices, products and special offers at any time at Maricann’s discretion.

Use

Except as otherwise stated on the Website or in these Website Use Terms and Conditions, you may view, display, download or print (“Use”) any page of this Website, subject to the following conditions:

a.      You use the material contained therein (including but not limited to text, graphics, images, data or sound, collectively, “Content“) solely for personal, non-commercial purposes.

b.      You do not modify the Content therein in any manner (including reverse compiling, or use of any text, pictures, photographs, illustrations, video or audio sequences or any graphics separately from the accompanying text), nor perform, publish or otherwise make public, or create derivative works of the Content or any portion thereof;

c.      You do not remove, obscure or modify any copyright, trademark or other legal notice;

d.      You do not transfer to any person, entity, or computer, server, or other communications medium any Content found on or derived from this Website for your own or any third party’s commercial purpose.

No other uses of the Website are permitted without the express written consent of Maricann, and all rights herein not granted expressly granted are reserved.

Rules and Conduct - Prohibited Use of the Website, its Contents and Services

Without limitation to the provisions of Section 4 or any other provision of these Website Use Terms and Conditions, and subject to any further restrictions stated from time to time on the Website applicable to specific or other Content or Products and Services, you acknowledge and agree not to:

a.      Not to use the Website to post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, as determined by Maricann in its reasonable judgement;

b.      Use the Website or any Content or any of the Products and Services in a manner which is contrary to domestic or foreign federal, state, provincial or municipal law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries), or would serve to restrict, inhibit or have a negative or damaging effect upon Maricann or any other user, as determined by Maricann in its reasonable judgement;

c.      Use any device, software or routine to interfere or attempt to interfere or interrupt the proper working of the Website or any computer network, or violate the security of or gain unauthorized access to, the Website or any computer network;

d.      Circumvent any technological measure implemented by Maricann or any of Maricann’s providers or any other third party (including another user of the Website) to protect the Website;

e.      Use the Website or any Content or any Products and Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, any Content or any Products and Services, including their ability to engage in real time activities through the Website;

f.       Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;

g.      Use any software robots, spiders, crawlers, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any content on the Website;

h.      Transmit, or cause the sending of any advertising or promotional material without Maricann’s prior written and informed consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;

i.       Attempt, in any manner, to obtain the password, account, credentials, profile information or other security information from any other user; or jeopardize the security of your account or anyone else’s account (for example, by allowing another individual to login to the Website as you);

j.       Impersonate or attempt to impersonate Maricann, a Maricann employee, contractor, sponsor, personality, another Website user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

k.      Use the Maricann Website in any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);

l.       Adapt, translate, modify, decompile, disassemble, remove, or reverse engineer any software, applications, programs or devices used in connection with the Website or any Content or any Products and Services;

m.     Send, knowingly receive, upload, download, use or re-use the Website or any Content or any Products and Services that do not comply with the standards and requirements set out in these Website Use Terms and Conditions;

n.      Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Maricann, may harm Maricann or users of the Website or expose them to liability; or

o.      Use or otherwise exploit this Website or any Content or any Products and Services for any purposes other than as expressly provided by these Website Use Terms & Conditions.

Intellectual Property and User Submissions

a.      All right title and interest in this Website and the intellectual property and other proprietary rights in and affecting this Website (and all Content therein and the results and proceeds of all Products and Services) including, without limitation, copyright, trademark, patent, industrial design, plant breeder rights, proprietary information and trade secrets applicable thereto or therein (collectively, “Intellectual Property”) are owned by Maricann or third parties with all rights reserved. Except as expressly provided, nothing herein or within the Website or its Content or the Products and Services shall be construed as conferring any license under any of the Intellectual Property rights of Maricann or any third party, whether by implication, waiver, estoppel, or otherwise. The Maricann trademarks and service marks include but are not limited to the following:

·         MARICANN, the MARICANN Logo are trademarks of Maricann and all rights are reserved in each of them.

b.      While Maricann welcomes your inquiries or feedback, Maricann does not accept or consider unsolicited ideas, including without limitation ideas for new advertising campaigns, new products or new services or technologies, or new product or service names. Please do not send any such unsolicited ideas. Comments, suggestions, ideas or materials sent or transmitted to Maricann by you or on your behalf will be deemed non-confidential information and will become the property of Maricann. Maricann will have no obligation with respect to such submissions and will be free to use (without limitation as to time, media or geography), copy, modify, make derivative works and/or distribute or transfer it to third parties without limitation, for any purpose, commercial or otherwise, without compensation or acknowledgment to you.

c.      The Website may, from time to time, contain certain interactive features or services that allow users like you to post, upload, publish, display, transmit, or submit (this activity is referred to as “Post”) comments, suggestions, feedback, ideas, materials, communications, information, or other content on or through the Website (collectively “User Submissions”). Any and all User Submissions will be treated as non-proprietary and non-confidential. By Posting any User Submission, you grant Maricann and its business associates and other Website users, and each of their and our respective licensees, successors and assigns a royalty-free, perpetual, irrevocable, world-wide, sub-licensable exclusive license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of User Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without compensation to you (you acknowledging and agreeing that the full and complete compensation to you for all such rights is the value of your participation on the Website to that point in time.. Maricann may sublicense its rights through multiple tiers of sublicenses. Maricann does not waive any right to use similar ideas previously known to it or developed by it.

d.      If you Post a User Submission, you represent and warrant that you own or otherwise control the rights to such a User Submission and have the right to grant the license above to us and any of our business associates and other Website users, any licensees, and any of their successors and assigns. You agree that you will not Post any User Submission of any type that infringes or violates any rights of any party or that otherwise does not comply with these Website Use Terms & Conditions. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead Maricann or any other person as to the origin of any User Submission.  You understand and acknowledge that you are solely responsible for any User Submission you Post, and you have full responsibility for such Submission, including its legality, reliability, accuracy, truthfulness and appropriateness. Maricann is not liable for the content or accuracy of any User Submission Posted by you or on your behalf or by or on behalf of any other user of the Website, any Content or any Products and Services.

Your Account

a.      If you use the Website, you have the opportunity to register an account with Maricann. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Maricann is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account.

b.      You are further responsible for ensuring that all information you provide on the Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process, or in or in connection with your user or other profile.

c.      You have no right to transfer your account to any other individuals in any manner. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Website Use Terms & Conditions, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.

d.      You must notify Maricann immediately of any unauthorized access to or use of your user name or password or any other breach of security that you become aware of.

e.      All information you provide when you register for an account and/or establish a user or other profile on the Website is governed by the Maricann Privacy Policy, which is incorporated herein, and Maricann may take any action with respect to your information that is consistent with our Privacy Policy. Maricann reserves the right to refuse service or terminate accounts for any reason, in Maricann’s sole discretion without prior notice.

Links to Third Party Websites

a.      This Website may contain links to third party websites and other mobile device applications (“Third-Party Sites”).  Links to other Third-Party Sites, including those of Maricann sponsors or Maricann personalities, are provided solely as a convenience to you. Maricann has no control over such Third-Party Sites, nor does Maricann review, investigate, approve, monitor, endorse, or make any representations or warranties with respect to such Third-Party Sites; therefore, Maricann is not responsible or liable to you or to any party for any materials, information advertising, products, services, advice or other content on or available from such Third-Party Sites.  If you decide to access any Third-Party Sites, you do this entirely at your own risk. You acknowledge and agree that Maricann is not liable, either directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Third-Party Sites.

Linking to the Website and Social Media Features

a.      Linking to the Website: You may link to THE WEBSite’s landing page, www.maricann.com  and no other subpages, only if you comply with the requirements for Linking to MARICANN’S WEBSite. LINKING TO MARICANN’S WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND THAT YOU WILL ABIDE BY THE REQUIREMENTS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE REQUIREMENTS, DO NOT LINK TO THIS WEBSITE.

b.      Requirements for Linking to Maricann’s Website.  You may link to the Website’s landing homepage as noted in Section 9(a) above (but not any other sub-page or pages) provided that you:

i.       Do so in a way that is fair, legal, and does not damage Maricann’s reputation or take advantage of it.

ii.       Do not establish a link in any way that suggests any form of association, approval or endorsement on Maricann’s or its business associates or its or their sponsors or personalities or other users; without Maricann’s express and informed prior written consent.

iii.      Do not use any Maricann registered and unregistered trademarks, logos and service marks without the express and informed prior written consent of Maricann.

iv.     Do not present false, misleading or inaccurate information regarding Maricann or any Content or any Products and Services or any Maricann business associates, or its or their respective sponsors and personalities or other users.

v.      Do not establish a link from any website not owned by you.

vi.     Do not cause the Website or any portion of it, or any Content or and Products and Services, to be displayed, or appear to be displayed on any other site, for example by framing or in-line linking, or otherwise create a browser or border environment around the Website or any Content or any Products and Services.

vii.     Do not link to any part of the Website other than the home landing page, for example by deep linking.

viii.    Do not establish a link from any website containing content that could be construed as illegal, distasteful, offensive, controversial, or otherwise not suitable for all age groups (as determined in Maricann’s sole reasonable judgement).

ix.     Otherwise take any action with respect to the Website or any Content or any Products and Services that is inconsistent with these Website Use Terms & Conditions or that violates applicable domestic or foreign laws or regulations.

c.      Social Media Features: The Website may, from time to time, provide certain social media features that enable you to:

i.       Link from your own or certain third-party websites to certain Content or Products and Services on the Website.

ii.       Send emails, text messages or other communications with certain Content or pertaining to certain Products and Services or to and with other users of the Website or to and from other users or persons associated with the Website, or links to certain Content or Products and Services, on the Website.

iii.      Cause portions of Content or the Products and Services on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use the social media features available on the Website from time to time only as they are provided by Maricann, including with respect to any Content or Products and Services or other material or links displayed with such social media features. Your use of Maricann’s social media features must also be in accordance with any additional terms and conditions Maricann may from time to time provide with respect to such features. You are solely responsible for complying with the terms and conditions of any third party social media websites, applications, or services with which you interact, and you acknowledge that any information or other content that you Post on such third party social media websites, applications, or services is subject to that third party’s privacy policies and other terms and conditions, over which Maricann has no control, and for which Maricann will in no event be liable.  You agree to cooperate with Maricann in causing any unauthorized framing or linking to cease immediately.

d.      Maricann reserves the right to withdraw linking permission without notice and Maricann may, in our sole discretion, request that you remove any link to the Website. Upon receipt of such request, you shall immediately remove such link.

e.      Maricann may disable all or any social media features and any links at any time without notice in Maricann’s discretion.

Privacy

Maricann is committed to protecting the privacy of our customers’ and Website user’s personal information. Any information you input into this Website will be stored, kept and used by Maricann in accordance with the Maricann Privacy Policy from time to time in effect.

We support industry and government initiatives to protect consumer privacy:

  • Support and endorse the Personal Information Protection and Electronic Documents Act

  • Model code for the Protection of Personal Information with the Canadian Standards Association

If you have any questions about our privacy policies, please e-mail our Privacy Office at  privacy@maricann.ca and review the Maricann Privacy Policy.

Monitoring, Deleting and Disclosure Notice

Maricann may, from time to time:

a.  Monitor the Website and collect information on Website user activity and any Content posted or provided, irrespective of who posted/provided the Content or whether it was posted/provided properly or in violation of these Website Use Terms and Conditions; and

b.   Employ a device to cause deletion of Content that is found on any computer when such computer’s browser is opened. Maricann may disclose any information as necessary to satisfy any domestic or foreign law, regulation or other governmental, court, administrative body or third-party request Maricann deems appropriate. Maricann shall have no duty or obligation to challenge the scope or validity of any government, administrative body or court order to disclose any such information.

Downloads and Shareware

This Website, from time to time, may contain software or applications that may be available for downloading by Maricann or by various third parties. Such software and applications are available to you by Maricann or such third parties subject to the terms and conditions made available to you during the software/application installation process. You agree that it is your responsibility to review and evaluate any such software and applications, and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software and applications rests with you. You further agree that Maricann shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software and applications, including the failure of such software and/or applications to meet your needs, standards, expectations or desired specifications.

Termination

You acknowledge and agree that Maricann, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any portion thereof or to any Content or to any Services. You further agree that Maricann will not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any Content or any Services, or with any terms, conditions, rules, policies, guidelines, or practices of Maricann in operating the Website, your sole and exclusive remedy is to discontinue using the Website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT MARICANN MAKES NO WARRANTY OR, REPRESENTATION (COLLECTIVELY, “WARRANTIES“) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TREATMENT, MEDICAL OR THERAPEUTIC EFFICACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT, AND THAT ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. MARICANN MAKES NO WARRANTY THAT THIS WEBSITE, OR ANY CONTENT OR PRODUCTS AND SERVICES OR FUNCTION CONTAINED THEREIN WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE/VIRUS-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCH CONTENT OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. MARICANN MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE USE, MEDICAL REQUIREMENT OR SUITABILITY FOR OR THERAPEUTIC EFFICACY OF, OR THE RESULTS OF THE USE OF ANY CONTENT OR PRODUCTS AND SERVICES OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, APPROPRIATENESS OR OTHERWISE.

The Content of the Maricann Website and mobile device applications, and the specifications for any Products and Services, do not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website, mobile device applications or with respect to any Products and Services.

By using the Maricann Website and mobile device applications, as well as any Products and Services, you acknowledge that: (i) cannabis for medical purposes (e.g., fresh or dried marihuana, cannabis oil or marihuana plants or seeds), or cannabis generally, has not been authorized for provision or sale under the Food and Drugs Act of Canada and it has not been assessed for safety or efficacy to treat or prevent any disease or symptom; (ii) risks associated with use of cannabis of any kind have not been adequately identified or studied; and (iii) the dosage of cannabis is unclear.   You acknowledge and agree that you voluntarily accept and assume the risks and dangers associated with the use of cannabis (e.g. fresh or dried marihuana, cannabis oil or marihuana plants or seeds) obtained from or through Maricann.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MARICANN OR ITS CORPORATE AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, LOSS OF PROGRAMS OR OTHER DATA, OR LOSS OF USE, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MARICANN HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITE, ANY MOBILE APPLICATIONS, ANY CONTENT OR ANY PRODUCTS AND SERVICES, (B) ANY OTHER MATTER RELATING TO THE WEBSITE AND ANY MOBILE APPLICATIONS OR ITS CONTENT OR ITS PRODUCTS AND SERVICES; OR (C) YOUR USE OF CANNABIS AND THE RISKS ASSOCIATED WITH THAT USE (KNOWN OR UNKNOWN), REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. Some jurisdictions may not permit the exclusion or limitation of warranties or damages in certain types of agreements and the foregoing exclusions and limitations may not be applicable to you.

Indemnity and Release

You agree to defend, indemnify and hold Maricann and its business associates and its and their sponsors and personalities, and each of their respective parent, affiliates, subsidiaries, and third party information providers, and their respective, officers, directors, employees, agents and contractors and advisors (collectively, “Indemnitees”) harmless from any and all liabilities, claims, costs and expenses, including costs of investigation, attorneys’ fees, accounting fees and litigation expense, related to or in connection with:

a.     Any violation of these Website Use Terms and Conditions;

b.      Use of the Website, any mobile device applications the Content or the Products and Services;

c.      Unauthorized use of any user ID or password provided to you;

d.      Your use of cannabis; or

e.      Your service upon Maricann of a subpoena or other court or governmental order to produce a person or record in connection with a legal or equitable action or matter to which Maricann is not a party.

You hereby release and forever discharge the Indemnitees in connection with any error, omission, interruption, deletion, defect, or delay in operations or transmission of this Website, any mobile device applications, any Content or any Products and Services; and technical, network, telephone, communications, computer hardware or software malfunctions or errors of any kind.

International Use

You agree to comply with all domestic, foreign and local laws and rules including, without limitation, laws governing the Internet, social media, data, email, Intellectual Property and privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and/or work and in the country to which transmission is or is intended to be made (as well as in any countries in which data transmission my route or transit on the way to the ultimate destination of delivery.

Jurisdiction and Disputes

a.      This Website originates in the United States. These Website Use Terms and Conditions, and all disputes, claims, actions, causes of action, issues, or requests you may make or initiate or commence for relief between you and Maricann arising out of or relating to these Website Use Terms and Conditions, your visit to the Website, or to or use of Content or Products and Services, (collectively “Disputes”), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario, and the Federal Courts of Canada therein, for all Disputes that are heard in court, including any Dispute involving Maricann or any one or more Indemnitees.

b.      You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

c.      Maricann’s priority is to learn about and address any of your concerns related to the Website or the Content or Products and Services available on or through the Website. You agree that you will first notify Maricann about any Dispute you have with us regarding these Website Use Terms and Conditions, the Website, or any Content or Products and Services obtained on or through the Website by contacting Maricann at privacy@maricann.ca.  Once Maricann receive your notice, Maricann will try to resolve the Dispute informally by contacting you through E Mail. If a Dispute is not resolved within 90 days after your submission, you or Maricann may bring a formal proceeding.

d.      Notwithstanding the foregoing, you agree that Maricann may seek equitable remedies against you in any jurisdiction to protect or enforce Maricann’s Intellectual Property and the rights therein, or to seek compliance with local laws in a corresponding jurisdiction.

General

a.      These Website Use Terms and Conditions may be updated and amended from time to time by Maricann, with or without notice, and constitute the entire agreement between Maricann and you pertaining to your use of the Website. Failure of Maricann to insist upon or enforce strict performance of any right or provision of these Website Use Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Website Use Terms and Conditions is determined to be void, invalid or otherwise unenforceable pursuant to a court of competent jurisdiction or arbitrator, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

b.      Nothing contained in these Website Use Terms and Conditions creates any agency, partnership, or other form of joint enterprise between you and Maricann.

c.      These Website Use Terms and Conditions, together with the Maricann Privacy Policy, constitute the complete and exclusive understanding between you and Maricann with respect to your use of the Website, all Content and all Products and Services, and these Website Use Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Maricann and you regarding the Website, the Content and the Products and Services.

d.      Maricann’s failure to enforce any right or provision in these Website Use Terms and Conditions will not constitute a waiver of such right or provision or of any other rights or provisions in these Website Use Terms and Conditions.

e.      If a court or tribunal should find that one or more rights or provisions set forth in these Website Use Terms and Conditions are invalid, you agree that the remainder of these Website Use Terms and Conditions will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. Maricann will amend or replace such provisions with ones that are valid and enforceable, and which achieve, to the extent possible, Maricann’s original objectives and intent as reflected in the original provisions.

f.       The parties have required that these Website Use Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d’utilisation ainsi que tous les documents ci-inclus soient rédigés en anglais.

g.      If you have any questions regarding these Website Use Terms and Conditions, please contact us by e-mail at privacy@maricann.ca.