BY ACCESSING OR USING THIS SITE AND/OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND TO BIND YOU TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES, OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.
1. PROPRIETARY RIGHTS
1.1. “Cannabotech” and the “Cannabotech” Logo are protected trademarks of Company. Company’s trademarks may not be used without Company’s written permission. Other trademarks, service marks, and trade names that appear on the Site or Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
1.2. Company retains all right, title and ownerships in and to the Site and Services or any part thereof, including without limitation, their design and layout, articles, information, contents, copyrights, patents, trademarks, service marks and logos, database whether registered or not (the “Materials“), except as expressly excluded in this Agreement.
1.3. You are granted only a limited and revocable right to use the Site and Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Site, Services or Materials.
2. ACCEPTABLE USE POLICY; RESTRICTIONS ON USE
2.1 Your use of the Site and Services is subject to the following restrictions:
2.1.1 You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials without the Company’s prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services, without the Company’s prior explicit written consent;
2.1.2. Except as expressly stated herein, no part of the Site, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company’s prior explicit written consent;
2.1.3. You shall not access the Site or Services in order to build a similar or competitive service;
2.1.4. You may not use the Site, Services or Materials in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission;
2.1.5. The Site and Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
2.1.6. You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
2.1.7. You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Site or Services, or attempt to gain unauthorized access to any portion of the Site or Services through any means, or interfere with, corrupt, or disrupt the operation or performance of the Site, Services or the ability of any other person to use them, including, without limitation, in connection to your use of any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
2.1.8. You may not violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Site, or Company’s systems, software or hardware in any way;
2.1.9. You may not use the Site, Services or Materials in connection with any material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
2.2. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
3. THIRD PARTY SERVICES
3.1. The Site might contain links to third party services, websites or advertisements for third parties (collectively, “Third Party Services“). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
3.2. When You use a Third Party Service, the applicable third party’s terms and policies apply, including such third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services.
3.3. To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Services.
4. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
4.1. THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4.2. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, made by any third party due to or arising out of (a) your use of the Site; (b) your use of Third Party Services; (c) your violation of this Agreement or of applicable law; or (d) a violation of the rights of any other person or entity by You, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
6. TERM AND TERMINATION
6.1. Subject to this Section, this Agreement will remain in full force and effect while You use the Site and/or Services. We may (a) suspend your rights to use the Site and/or Services, or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site and/or Services in violation of this Agreement.
6.2. Upon termination of this Agreement, Your Company Account and right to access and use the Site and/or Services will terminate immediately. Company will not have any liability whatsoever to You for any termination of this Agreement.
7. ASSIGNMENT, SEVERABILITY AND WAIVER
7.1. The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company’s prior written consent.
7.2. If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
7.3. Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company’s rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
8. AMENDMENTS TO THE AGREEMENT
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement.
9.1. Governing Law. This Agreement shall be governed by the laws of the State of Israel without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive personal jurisdiction of the courts located in Tel Aviv, Israel, for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.