Terms of service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Bhang Inc., together with its subsidiaries, affiliates, and other related companies (“Bhang”) provides you access and use of this site subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, viewing, and using this site (the “Site”) and all of the data, content, audio clips, video clips, artwork, images, photographs, graphics, functional components, software and software concepts, product descriptions, documentation and other material in or made available through the Site (the “Site Material”), you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms, or if you are under 21 years of age, or if you were previously suspended from the Site, you are not granted permission to use this Site and must exit immediately.
1. NOT MEDICAL ADVICE
The contents of the Site, including any text, graphics, images, or information obtained (“Content”) are for informational and personal use only. The statements made on this Site have not been evaluated by the Food and Drug Administration (FDA) or Health Canada The efficacy of medicinal marijuana products has not been confirmed by FDA or Health Canada-approved research. Medicinal marijuana products are not intended to diagnose, treat, cure or prevent any disease. The Content is not intended to be a substitute for professional medical advice, counseling, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. You are responsible to know and adhere to your State’s or Province's laws (you assume all risk in reviewing this website and complying with your State or Province specific laws) and regulations regarding marijuana use and related activities (operating a medical or recreational marijuana business, selling, cultivating, using, possessing and distributing marijuana), all of which remain illegal under federal law. Neither Bhang nor any of its affiliates is responsible or liable for your actions or decisions.
2. MODIFICATION OF SITE TERMS
Bhang reserves the right to modify these Site Terms at any time without limitation and only Bhang has the right to do so. If the Site Terms are changed, we will post the new terms on the Site and indicate the date they were last updated. Any changes or modification to the Site Terms will be effective upon the date of posting, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
3. CANADIAN USAGE
This Site is operated by a Canadian entity and is governed by the provincial and federal laws of the Canada. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. Those who choose to access the Site from outside Canada do so on their own volition and are responsible for compliance with the laws of their jurisdiction.
4. LICENSE AND SITE ACCESS
Bhang grants you a limited license to make non-commercial, personal use only of this Site and Site Material. Your license prohibits, without limitation: (a) any resale or commercial use of this Site or Site Material; (b) the copying, modifying, distributing, disseminating, archiving, transmitting, publicly displaying, adapting, editing, or creation of derivative works of this Site or Site Material; (c) the use of any computer program tool including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or Site Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Site Material, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who controls or authors them.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
5. CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
6. PASSWORDS AND SECURITY
Any passwords used for this Site are for personal use only. If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Bhang immediately. Bhang will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Bhang considers insecure, Bhang will be entitled to require the password to be changed and/or terminate your account.
While Bhang takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Bhang communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Bhang may rely on the authority of anyone accessing your account or using your password and in no event will be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Bhang under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bhang reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Bhang reserves the right to investigate and cooperate with any law enforcement authorities or court order for suspected violations of these “Site Terms.”
7. INTELLECTUAL PROPERTY
a. Ownership
All Site Materials are owned by us and others and are protected by Canadian, United States and international copyright, trademark and other laws.
b. Trademarks
Bhang® is a registered trademark of Bhang Corporation. Bhang®, B® (stylized), Bhang™, and all other related and respective designs and/or logos used on this Site are either registered trademarks, trademarks in common law, or are licensed trademarks of and/or by Bhang. The Marks may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bhang or the respective intellectual property owner. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Bhang, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bhang. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
c. Restrictions on Use
You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Bhang – is strictly prohibited.
8. LINKS TO THE SITE
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Bhang or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Bhang trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Bhang’s express written consent. All other linking is prohibited without prior consent from Bhang. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bhang or any third party.
9. THIRD PARTY LINKS
This Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Bhang does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Unless explicitly stated otherwise, nothing on the Site is intended to imply any endorsement of the Site by any third-party website.
10. SUBMISSIONS
We welcome comments about our Site, and the Site may allow you to contribute content, information, text, files, graphics, messages, and other materials and information for access, use, and commentary by other users to the Site (“User Content”). Upon your submission of User Content or other material or information to Bhang, you grant Bhang a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. Bhang does not accept unsolicited ideas about new product, advertising, marketing or packaging ideas, concepts or improvements (“Ideas”). If you provide Bhang with any Ideas, such Ideas shall be considered non-proprietary and non-confidential, and shall become the exclusive property of Bhang, which may or may not use the Ideas for any purpose. The marketing staff of Bhang and its consultants may very well be considering an identical or similar Idea. The purpose of this policy is to avoid confusion about the ownership of new concepts and ideas. Termination of your account does not in any way limit Bhang’s rights under this section.
By sending or posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property or other lawful rights of any person or entity; (b) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (c) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity that is generally false, deceptive, misleading, or deceitful; (d) be obscene, racist, unethical, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) constitute misappropriation of any trade secret or know-how; (h) be false or misleading; or (i) constitute disclosure of any confidential information owned by any third party.
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Bhang and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of your obligations under Section 6.
11. DISCLAIMER
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BHANG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. BHANG DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BHANG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. BHANG DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF BHANG OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bhang.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BHANG BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO BHANG’S OPERATION OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BHANG (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO BHANG’S OPERATION OF THE SITE EXCEED $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF BHANG IN CONNECTION WITH OPERATING THE SITE.
13. INDEMNIFICATION
You shall indemnify Bhang and its affiliates, and their respective directors, managers, officers, employees, agents, contractors, licensors and clients (“Bhang Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Content, the services, products, information and other materials on, in and made available through the Site, or any breach by you of these Terms and shall indemnify and hold Bhang Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Bhang. Bhang or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Bhang does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Bhang, subject to the right of Bhang to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
14. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS
These terms and conditions represent the entire agreement between you and Bhang with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with Canadian law without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
15. DISPUTES
Any dispute relating in any way to your visit to or use of the Site shall be submitted to confidential arbitration in Ontario, Canada, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial or federal courts of Ontario.
Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the JAMS. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.
16. SEVERABILITY
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
17. WAIVERS
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
18. CONTACT US
If you are experiencing difficulties using the Site, please contact us at:
ADDRESS
40 King St West
Suite 5800
Toronto, Ontario , Canada M5H 3S1
PHONE NUMBER
416-597-4391
EMAIL