General Description of Terms and Conditions
Entering the Website
These specific areas of the Website and specific areas of our Services (and thus your access to or use therein) may have separate terms, disclosures, notices, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites and Services (known as our Revised Terms). The Revised Terms will be posted (and sent out to you) on the applicable Website or Service and ultimately may be modified and revised at any time. If there is conflict between these Terms and any of the Revised Terms for a Website, Service, or Mobile Application of ours, the Revised Terms shall govern and take precedence over these Terms with respect to your use of or access to that Website/Service.
At Cannawayz, we value our team and all of its members. Our team has over 10+ years of experience in both the cannabis and the tech industries. In order to avoid confusion, we may interchangeably refer to all of our employees and team members as our affiliates, directors, managers, contractors, owners, independent contractors and agents. Hereinafter, they shall all collectively be referred to as the Cannawayz team.
Notice of Severability
Should the conditions contained within these terms be held invalid, void, or for any foreseen or unforeseen reason unenforceable, that condition shall be regarded severable and shall not affect the legitimacy and enforceability of any remaining conditions set forth herein.
Notifying the User (Communication)
By accessing or using any of Cannawayz’ Websites or Services, the user accepts specific communications from us via our Website or Services. Please recognize that we will communicate with you in a variety of ways, including and without limitation, by phone call, text, e-mail, mobile in-app push notifications, or by posting notices and messages on the Websites or through any of the applicable Services that may or may not be affiliated with Cannawayz. By accessing or using any of our Websites or Services, you willingly and knowingly recognize that any and all contracts, disclosures, notices, agreements, and other communications that we provide to the user electronically satisfy any legal requirement that such communications must be in writing. Please remember to have your in-app push notifications turned on in order to successfully receive our messages.
Use of age for Cannawayz Platform
Cannawayz’ Websites and Services are exclusively available to individuals who are at least eighteen (18) years of age, who possess the required mental capacity (as described by local, state and federal law) and are knowingly capable of entering into legally binding contracts under the appropriate law. In addition, specific parts of our Websites and Services require you to be at least twenty-one (21) years of age for access and use. Please acknowledge the applicable Revised Terms for any further information regarding eligibility and access to Cannawayz. By accessing and using Cannawayz’ Websites and Services, you confirm that you agree to any and all additional and Revised Terms.
Note that each user may be asked to verify that they are indeed over the specific age limit during use of any of our Websites/Services. We may ask you to check a box indicating your assent that you are indeed over the specific age limit. By accessing, signing up, or using Cannawayz, you agree that you shall not misrepresent your age or lie about your identity. Note that without limiting the preceding terms, the Websites and Services are not available to individuals who are under the legal age limit and/or banned/suspended members or users. Finally, by accessing our Websites or Services and/or referring a third-party to our Websites/Services, the user agrees that any party you invite to participate in any of the Services with you is of legal age as described by the policy written above.
Using Our Services
To use the Websites or Services, you must first register and create an individual profile for yourself or the respective business (hereinafter, referred to as a User Profile, user profile, user information or personal information).
NOTE: By creating a “User Profile”, you automatically recognize and consent to the following terms:
Understand that Cannawayz is not liable for any loss or damage (of any legal kind) you or any third-party suffer from as a result of your inability or failure for any reason to comply with any of the foregoing obligations.
Note: Members may NOT use their User Profile to conduct commercial activities, including, but not limited to, advertising, fundraising, transactions, contests, or other promotions absent the prior written consent from the Cannawayz team. Understand that we do offer the ability to set certain preferences relating to your User Profile; however, changes to your settings may not become effective immediately or be error free.
Cannawayz is not responsible for any damage or loss resulting from Website/Service source code malfunctions, DDoS attacks, and any other cyber-attacks or hacking attempts. Cannawayz assumes no responsibility or liability for any issues or problems arising from the User Content (defined more specifically below) on your User Profile.
Any and all User Profiles must be registered by an authorized representative of the individual or business entity that is selected as the subject of the User Profile. We do not review each User Profile to determine if it was created by an appropriate party. It is solely the user’s responsibility to provide us with factual and accurate registration information. Cannawayz is not responsible for any unauthorized User Profiles that may appear on the Websites or Services.
Your personal safety and comfort is our number one concern. If you believe that a User Profile listed on one of the Websites/Services is not authorized, misleading, deceitful, or otherwise fraudulent, improper or fake, please send an email to [email protected], and/or call our number at (818-849-6755) and our team will attempt to resolve the issue as quickly as possible.
Content Definitions: User Content, Cannawayz Content, Third-Party Content
NOTE: By registering with Cannawayz and submitting User Content, you agree, represent and covenant that:
By registering with Cannawayz and submitting User Content, you agree that you may expose yourself to liability if, for example, you User Content contains material that is false, intentionally misleading or libelous; violates any third-party right, including but not limited to, any trademark, copyright, patent, inappropriate use of image and/or likeness, company trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right.
If any of your User Content contains material that is illegitimate, including hate speech or racist speech, pornography, exploits, material harmful to minors or otherwise violates or advocates the violation of any law or regulation, you will be held individually liable via the information represented under your User Profile.
User Licenses and Third-Party Data
The user may retain original ownership of any content that he or she posts, streams, broadcasts, transmits, submit, provides, or otherwise makes available on or through the Websites/Services. Nonetheless, by submitting User Content, you permit Cannawayz, its Websites/Services and any and all affiliates of Cannawayz to royalty-free, non-exclusive, perpetual, sub-licensable and transferable rights and licenses for the following uses:
NOTE: By registering, accessing and using Cannawayz, you agree that you irrevocably waive against Cannawayz, its officers, employees, agents, members, and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
Cannawayz may also provide users with the ability to login to our Websites/Services (and Websites/Services that are affiliated with Cannawayz) with login information from specific social networking Websites/Services that Cannawayz has chosen to utilize (e.g., Instagram, Facebook). Understand that if you log-in/associate your User Account with your user credentials from a social networking website, we may use any information that you post or any information that is about you that is from or displayed on your social networking account. However, we can only do so in accordance with the terms, agreements, disclosures, notices and related legal and user policies of the relevant social networking website.
If the user ultimately chooses to share any of their personal information with any number of social networking Websites/Services, we will then share this information with the websites you name, in accordance with your election, and per their terms and conditions.
Delivery Orders/Pick-Up Orders System
Cannawayz provides users with the authority to transmit orders for many cannabis/cannabis-related products (flower, concentrate, CBD, etc.) and arrange for delivery or pick-up of such products through third-party, unaffiliated vendors (hereafter, referred to as Cannawayz Orders). Cannawayz Orders is essentially a third-party online marketplace platform for customers (users, members) to transmit specific cannabis-related product orders with official participating retailers (business or entity officially registered with Cannawayz).
Cannawayz exclusively provides order transmission services. Our system of delivery orders is purely a communications base for customers (users) and business entities to complete related transactions.
Please understand that as of now, Cannawayz is not a retailer/merchant of cannabis or cannabis-related products. Cannawayz is NOT a provider of any pick-up/delivery services in connection herewith, and Cannawayz does not control the business/entity or the production of any cannabis-related products, or any pick-up/delivery services in connection with such a business/entity.
Each of the businesses that we host on our Websites/Services have entered into agreements with Cannawayz or its partners (affiliates) where they have made representations that they currently are compliant with applicable law and will comply with applicable law in their use of our delivery/pick-up system. Please understand that Cannawayz and its affiliates are under no obligation to, nor do we independently verify the credentials or personal information of any of the businesses/entities, the authenticity, integrity or quality of any of their products/services, or any businesses’ compliance with applicable law.
By signing up, accessing or using Cannawayz, each business/entity confirms that they are compliant with all applicable laws, current or hereafter devised or created.
Customers using our delivery/pick-up system must make themselves comfortable through the information provided by the businesses/entities on the Websites/Services, and by contacting the business directly, or through other methods as they choose appropriate, as to the quality and reliability of the business and the business’ compliance with applicable law, both current and hereafter devised or created.
Cannawayz, including its Websites/Services, do not in any way guarantee the quality, authenticity, integrity and reliability of any business/entity or any cannabis-related product, or any pick-up or delivery service in connection therewith, or any business’ compliance thereof with applicable law. In addition, different businesses may represent specific regulations or standards with respect to their cannabis products (or other services, products, etc.), such as labeling such products as all-natural, organic, pesticide and chemical free, specific potency levels, undergoing specific lab-testing procedures, fungus levels, certain terpene or cannabinoid contents (THC/CBD levels, for example), having certain bodily, psychological or medicinal effects, or other effects, etc.
By registering, accessing or using Cannawayz, you confirm and ultimately agree that Cannawayz and its Websites/Services, officers, employees, members, affiliates and partners do not investigate or verify any statements made by the businesses or entities registered under our platform. In addition, customers should know that any such statements have not yet been evaluated by the Food and Drug Administration (hereafter, FDA).
Please understand that Cannawayz and its applicable affiliates make no claims meant to cure, diagnose, or treat any disease or medical condition. It is imperative that all customers consult their respective physician/doctor before starting any treatment or using any cannabis-related products during pregnancy or if they have a serious medical condition. Cannawayz, its employees, partners, officers, affiliates, and members are NOT responsible for any damages, including but not limited to physical or mental harm, loss of life, or other incidents that may occur as a result of cannabis product usage.
By accessing, registering and using Cannawayz, you hold Cannawayz and its affiliates innocent, harmless, and not responsible for any cannabis-related products, or any other services, offered by the businesses or any errors, fraudulence, false information, or misrepresentations made by them (either on our Websites/Services, Cannawayz Orders or other services that we may choose to provide currently or in the future).
By using Cannawayz Orders, you warrant, consent and covenant that:
Employees of Cannawayz
Understand that our Website/Services will potentially broadcast, display, publicize, publicly display or make available Third-Party Content (this includes but is not limited to data, notices, disclosures, informational articles, applications or other products, and services) or exhibit links/portals to third-party websites, services, and advertisements for third-party offers (hereafter referred to as (Third-Party Content).
By registering, accessing or utilizing Cannawayz, you agree, warrant and covenant that:
In Regard to Third-Party and Cannawayz Offers:
Notice that the Websites/Services might publicly display or make available coupons, gift-offerings, prizes, promotional codes, contest giveaways, sample offers, and other offers from listed dispensaries or other third parties (hereafter referred to as the Cannawayz Offers/Offers).
(1) Legitimate and actual redemption of the Offer.
(2) Compliance with all terms of the Offer, with regard to the pertinent law (including, without limitation, the advertisement, redemption, and terms, conditions, and limitations).
(3) Any goods and services promised or that are provided to you in connection with the Offer.
(4) Injuries, accidents, illnesses, damages, claims, liabilities, and costs it may cause you to suffer from physically or mentally, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
By registering, accessing and using Cannawayz, you agree to indemnify, release and hold Cannawayz’ team harmless from any and all losses suffered, including but not limited to all damages, liabilities, suits, claims, court judgements, actions, awards, penalties, fines and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third-party due to or arising out of or otherwise relating to:
(1) Any misuse of the Websites/Services
(2) User Content
(4) Violation of applicable laws or regulations.
Understand that Cannawayz reserves the exclusive right to acquire the sole defense and control of any matter for which the user is obligated to compensate Cannawayz or any other indemnitee that may potentially be affiliated with Cannawayz and its team. Please understand that you, as the indemnitor, hereby agree to cooperate with our defense of these claims. Furthermore, the user agrees not to settle any claim, action, suit, arbitration or other dispute settlement without the prior written consent of Cannawayz. Cannawayz always uses reasonable efforts to contact you and any related party to any such dispute, claim, action, or proceeding upon becoming aware of it.
If there is a dispute between users or members of the Websites/Services, including between certain customers and businesses, you (the user) understand and consent that Cannawayz and its affiliates (including our Websites/Services, Cannawayz’ partners, affiliates, and Cannawayz Orders) are under no obligation to become involved in any dispute resolution or settlement.
Please remember that anytime you access, register, or utilize Cannawayz, you automatically indemnify, hold harmless, release and permanently discharge Cannawayz (its owners, affiliates, related Websites/Services, directors, managers, employees, officers, partners, agents, independent contractors and successors) from, and abandon and ultimately waive your rights with respect to, every past, present, and future dispute, action, suit, claim, conflict, obligation, liability, and cause of action of every kind (including but not limited to personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of any interactions, related or un-related, with an act or omission of, our affiliates, partners, directors and other Websites/Services or Third-Party Content that may or may not be affiliated with the Cannawayz company and team.
Please realize that this release includes a discharge of any dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising out of or in any way related to a, regardless of whether such dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action are suspected or unsuspected, warranted or un-warranted, known or unknown and disclosed or undisclosed.
California Civil Code; Section 1542
There is a special disclaimer for those individuals who are residents of the state of California. Please understand that if you reside in California or you are a resident of a state with a similar law as the following, you automatically waive California Civil Code Section 1542 (hereafter, CCC 1542) in connection with the statements made above. The CCC 1542 explicitly states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Ownership of Content
We take ownership of content extremely seriously at Cannawayz. At Cannawayz, we acknowledge that you own your User Content; however, we hold the exclusive rights to any and all Cannawayz Content, including but not limited to any of our visual development (visual interfaces, etc.), source codes, APIs, interactive features, graphics, design, compilation, including our compilation of User Content and Website/Services content, source codes, all written computer codes, APIs, products, software, data, user review ratings and all other elements and components of the Websites/Services, ultimately excluding User Content and Third-Party Content.
Please understand that at Cannawayz, we own all patents, patent applications, trade secrets, trademarks, trade names, copyrights, service marks and other intellectual and proprietary rights throughout the world (Cannawayz Intellectual Property or Cannawayz IP) associated with the Cannawayz Content (including but not limited to any advertisements, website codes, images, graphics, photos and videos), and the Websites/Services, which are ultimately protected by specific copyright, trade secret, patent, trademark laws, and all other applicable intellectual property and proprietary rights and laws.
Therefore, according to the foregoing, members/users may not use, modify, duplicate, obscure, rent, lease, copy, loan, sell, reproduce, manipulate, broadcast, stream, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Cannawayz Content, its Websites/Services or any of the mentioned Cannawayz IP, directly or indirectly, unless expressly authorized by us with prior written and verbal consent. Note that we do not grant you any express or implied rights, and all rights to the Websites and the Cannawayz Content are ultimately retained by us.
Violation of Copyright Law; DMCA 1998
At Cannawayz, we take copyright and trademark law seriously. Understand that it is Cannawayz’ policy to disable, eliminate access to and/or terminate the accounts of users who repeatedly infringe or are repeatedly suspected of infringing the copyrights/trademarks/patents of all members, users, Cannawayz Content, partners and affiliates of Cannawayz. In accordance with the Digital Millennium Copyright Act of 1998 (hereafter, DMCA 1998), the text of which can be found on the U.S. Copyright Office website, Cannawayz will respond promptly to any claims of copyright infringement taking place on our Websites/Services and any Websites/Services that are associated with Cannawayz.
How to Submit a Copyright Violation? (DMCA Notice)
According to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in the DMCA Notice automatically subjects the complaining party to liability for any damages, actions, suits, harassment, costs, and attorney’s fees incurred by us in connection with this DMCA Notice.
(a) Resale or any commercial or public use of the Websites/Services, or the content uploaded or publicly displayed on them (Cannawayz Content).
(b) The collection, indexing, caching, storing, scraping, downloading, reproducing, distributing, copying or use of any product or Cannawayz client listings, business/entity names and information, overall descriptions, prices, or any other Website/Service content.
(c) Any derivative use of any of the Websites/Services or Website Content.
(d) Any use of data mining, robots, or similar data gathering and extraction tools.
Mobile Software Rights and Exceptions
Understand that our Websites and Services contain links to third-party websites, services or resources. You acknowledge and agree that Cannawayz is not responsible or liable for:
Certain areas of the Websites/Services implement Google Street mapping services. Your use of Google Street Maps is subject to their copyright and license policy.
Specific areas of the Websites/Services implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
Rules and Guidelines
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of our Websites/Services or any Websites/Services affiliated with Cannawayz. In accordance with these terms, there are certain limitations and rules we place on users, our members may or may not:
You expressly acknowledge, covenant, warrant, and agree that:
Laws and Policies Regarding Litigation
By registering and continuing to use the Cannawayz platform, you certify that you agree to be bound by the laws of the state of California, excluding California’s conflict of laws rules. In all other cases, California state law will apply to any disputes arising out of or relating to these Terms or any of the Websites or Services.
All claims arising out of or relating to these Terms, any of the Revised terms or any of the Websites/Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, and you and Cannawayz consent to personal jurisdiction in those courts.
Should Cannawayz neglect or fail to enforce any rights or provisions of these Terms, such an act will not constitute a waiver of future enforcement of that specific limitation, section or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cannawayz. Note, should a court of applicable jurisdiction find any statements of provisions of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain fully enforceable.
Transferring User Content
At Cannawayz, we understand that entering your information and User Content into another website is both mundane and redundant. Therefore, with your acceptance, we will allow you to transfer over your User Content and Personal Information simply by clicking a button. By checking the specific box, you will indicate your assent to transfer any and all personal information as well as User Content onto our Websites or Services.
By registering, accessing or utilizing Cannawayz, you recognize and agree that Cannawayz is under no direct obligation to assist you with any support or maintenance in connection with your User Profile or User Content associated with the Websites/Services.
Local, State, and National Laws
Please understand that the materials in the Website/Services may only be available for use in a specific geographic area, specifically in areas where the applicable jurisdiction dictates that it is not illegal. Those who choose to access the Website/Services do so on their own initiative and are responsible for compliance with all applicable courts, county, state and federal laws.
By registering, accessing and/or utilizing Cannawayz, you represent and warrant that you are not (1) a national or resident of a country that is subject to any U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons. If you are acting behind an entity or person under the latter list, you will be suspended, your account terminated and all future access or use of our Websites/Services and mobile applications will be permanently blocked. Understand that if you are representing a group that is deemed to be a terrorist group (as per US law), your account and membership will also be terminated.
You agree that your Cannawayz account is non-transferable and any rights to your user identification, User Content, or contents within your accounts (or similar accounts under similar credentials) terminate upon your death.
Store Reviews and Cannawayz Feedback
Our Binding Agreement
Cannawayz cares about the cannabis community and its thriving culture. We care about your suggestions as well as your concerns. For any further questions about the Cannawayz’ Website, any of the Services we provide, or an overall suggestion to help make our community a better place, please feel free to contact our Customer Service department at [email protected] or call 866-217-7297 to speak to a customer service representative today.