StrainBrain operates websites, portals, applications (including mobile applications), channels, software, widgets, social media pages, and channels (collectively, the “Websites”). The Website provides services to you in the form of quizzes, questionnaires, features, media, functions, content, tools, and links which are contained in or offered via the Websites (collectively, the “Services”).
StrainBrain’s Services may also be embedded into sites owned by third parties (“Third Parties”) as widgets (“Widgets”). By using StrainBrain’s Services as a Widget on a Third Party’s websites, you agree to be bound by these Terms. Your access to or use of the Widget, may also subject you to the additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of the Third Party’s websites (as applicable, the “Additional Terms”). The Additional Terms may be posted (via a link) on the applicable Third Party Website and may be modified from time to time. To the extent there is a conflict between these Terms and any Additional Terms for a Widget on a specific Third Party website, these Terms shall govern and take precedence over the Additional Terms specifically with respect to your use of, or access to, that Widget.
Our Website, Widgets, and Services are intended for adults who are of age of majority legally allowed to buy, use, and possess cannabis in their current jurisdiction (“Age of Majority”), and certain parts of our Website, Widgets, and Services require you to be at least the Age of Majority legally allowed to buy, use, and possess cannabis in your current jurisdiction to access and use our Website, Widgets, and Services. You may be asked to verify that you are over the applicable age limit during your use of the Website, Widgets, or Services and you hereby agree that you shall not misrepresent your age.
To access or use the Website, Widgets, or Services, you agree that:
By accessing or using the Website, Widgets, or Services, you consent to receiving communications from us electronically if you provide us with your contact information. We will communicate with you in a variety of ways, including, without limitation, by e-mail, text, in-app push notices, or by posting notices and messages on the Websites or through any of the Services. By accessing or using the Website, Widgets, or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Third Party’s websites who embed the Services are solely responsible for ensuring that their products or services are offered in a safe, legal, and compliant manner. StrainBrain has no responsibility or liability for any products or services offered by any Third Party’s websites. Nor does StrainBrain have any responsibility or liability for any reviews or statements posted on the Third Party’s websites regarding any products or services offered therein.
You expressly agree and acknowledge that StrainBrain (i) is a technology platform and product recommendation engine; (ii) is not a cannabis or cannabis related retailer, cultivator, processor, seller, or brand; (iii) does not itself, provide sales, pickup services, distribution or delivery of any cannabis or cannabis related product, nor does StrainBrain itself process payments for cannabis; (iv) does not itself cultivate, manufacture, package, label, test, or sell cannabis or cannabis related product; and (v) does not independently verify the credentials or representations of any of the Third Parties, the authenticity or quality of any of their products or services, or any Retailer’s compliance with any applicable laws.
You must make yourself comfortable through the information provided by the Third Parties by contacting the Third Parties directly as to the quality and reliability of the Third Parties and the Third Parties’ compliance with applicable law. StrainBrain is not responsible for guaranteeing the quality of any Retailer or any cannabis-related product, or any Retailer’s compliance with applicable law. In addition, a Retailer may represent certain standards with respect to their cannabis products (or other services), such as labeling such products as “organic”, “pesticide-free”, achieving a certain potency level, undergoing certain testing procedures, fungus levels, containing specific terpene or cannabinoid profile or contents (including THC or CBD levels), having certain medicinal or other effects, or otherwise. This information may be used by StrainBrain to provide our Services, however StrainBrain does not investigate or verify any such statements.
You understand that: (i) aspects of this Website and the Services, may be illegal in the province, country, state, city, county, municipality, or jurisdiction in which you are located (“Your Jurisdiction”); and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services (including as a Widget in Third Party’s websites) in Your Jurisdiction. If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in Your Jurisdiction that your use of this Website and the Services is allowed. In all scenarios, you must abide by and follow the applicable laws of Your Jurisdiction in order to use the Websites and/or Services. You expressly acknowledge, understand, and agree to assume full responsibility for cooperating with the laws of Your Jurisdiction while using the Websites and/or Services.
You expressly acknowledge, understand, and agree that any statements relating to cannabis goods, accessories, or any other products displayed on the Websites have not been evaluated by any governmental authorities or regulators. Neither the products nor the ingredients in any of the products have been approved or endorsed by any government or regulatory agency. The products displayed on the Websites or recommended by the Services are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided by the Services is designed for recreational and educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, diagnosed with epilepsy, a heart condition, allergies or have a medical condition (hereinafter collectively referred to as “Medical Conditions”), we suggest consulting with a physician before using any products displayed on the Websites. Under no circumstances should any such information provided by the services be used for the diagnosis or treatment of any Medical Condition. Seek the advice and assistance of a physician or trained health professional before using any product displayed through the Services. If you believe or suspect that you have a Medical Condition, promptly contact your doctor or health care provider.
For purposes of these Terms: (i) “Content” means all text, images, photos, audio, video, graphics, reviews, location data, questionnaire submissions, product recommendations, quizzes, questionnaires, and all other forms of data, communication, or media; (ii) “User Content” means Content that users submit or transmit to, through, or in connection with the Website, Widgets, or Services, such as cannabis preferences, moods, cannabis usage, and other questionnaire submissions, as well as any results, ratings, reviews, and information that such user submits or chooses in the questionnaires or quizzes; (iii) “StrainBrain Content” means Content that we create or is otherwise owned by us or licensed to us that we make available in connection with the Website, Widgets, or Services; (iv) “Website Content” means all of the Content that is made available in connection with the Website, Widgets, or Services.
By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
Similarly, by using the Websites and Services, you acknowledge that you may encounter User Content that, for example: (i) contains material that is false, intentionally misleading or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is offensive and/or unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
We do not represent that the materials in the Website, Widgets, or Services are appropriate or available for use in any particular location.
As between you and StrainBrain, you retain ownership of the User Content that you submit, provide, or otherwise make available on or through the Website, Widgets, or Services. However, by submitting your User Content, you hereby grant StrainBrain and all Websites and Services, the following worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, and transferable rights and licenses:
You irrevocably waive, and cause to be waived, against StrainBrain and its users, any claims and assertions of moral rights or attribution with respect to your User Content.
You hereby grant StrainBrain the right and license to use any data, images, or information that is pushed or otherwise transferred to us through any of our application programming interfaces by you or by any third party on your behalf (“Licensed Data”) for any purpose relating to any of the businesses of StrainBrain or for any purpose relating to the Website, Widgets, or Services, including in connection with displaying any data, images, or information on the Websites. You acknowledge and agree that we shall have the right to reformat, improve, modify, adapt, derive, redisplay, and/or reprocess any of the Licensed Data and that we shall exclusively own all derivative works, graphical layouts, compilations, improvements, modifications, adaptations, analyses, and interpretations of the Licensed Data. Interpretations or translations of any of the Licensed Data prepared by StrainBrain shall be owned exclusively by us.
We own the StrainBrain Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, the Widgets, our compilation of User Content and other Website Content, computer code, products, software, data, aggregate user review ratings, and all other elements and components of the Websites, but excluding User Content and Third-Party Material (as defined below). We also own the patents, patent applications, copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the StrainBrain Content, the Websites, the Widgets, and the Services, which are protected by copyright, trade secret, patent, trademark, and all other applicable intellectual property and proprietary rights and laws. For the avoidance of doubt, the IP Rights owned by StrainBrain includes all metadata or compilation data generated from the Websites, the Widgets, or Services (including using or derived from user inputs to the Websites, the Widgets, or Services, pricing, sales and inventory data, or User Content). As such, you may not use, modify, duplicate, obscure, rent, lease, loan, sell, manipulate, reproduce, copy, republish, download, post, transmit, scrape, reverse engineer, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the StrainBrain Content, Website, Widgets, or Services, or any of the IP Rights of StrainBrain, in whole or in part, unless expressly authorized by us in writing. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights relating to the StrainBrain Content, the Websites, and the Services, and all such rights are retained by us.
The Websites, the Widget, or the Services might display, include, or make available Third-Party Content (including data, information, links, articles, applications or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for Third-Party Offers (as defined below) (collectively, the “Third-Party Materials”). You acknowledge and agree that StrainBrain is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. StrainBrain does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to Third-Party Material, the applicable third party’s terms and policies apply, including the 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 Material.
The Websites, the Widget, or the Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed dispensaries or other third parties (collectively, the “Third-Party Offers”). StrainBrain displays these Third-Party Offers on the Websites and Services as a form of advertisement for the listing dispensary or other third party (the “Offeror”) only. All Third-Party Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions, or restrictions are expressly included on the Website, Widgets, or Services. The Offeror, and not StrainBrain, is solely responsible for: (i) redemption of the Third-Party Offer; (ii) compliance of all aspects of the Third-Party Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (iii) all goods and services it provides to you in connection with the Third-Party Offer; and (iv) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether or not related to the use or redemption of a Third-Party Offer.
If there is a dispute between You and the Third Parties, you understand and agree that StrainBrain and its affiliates are under no obligation to become involved in such a dispute.
StrainBrain will use reasonable efforts to notify you of any such claim for which StrainBrain seeks indemnification hereunder upon becoming aware of it; provided, that the failure to provide such notice shall not relieve you of your obligation to provide indemnification hereunder. StrainBrain reserves the right, at your expense, to assume the exclusive defense and control of any such matter for which you are required to indemnify us or any other indemnitee hereunder, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of StrainBrain.
You hereby release and forever discharge StrainBrain (and its owners, directors, managers, officers, partners, employees, independent contractors, agents, and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), arising out of or relating to any interactions with, or act or omission of, other Website, Widgets, or Services or Third-Party Materials or Third Party’s websites or Third Parties.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
If any provision of these Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of the these Terms shall continue in full force and effect.
You expressly acknowledge, understand, and agree that:
You expressly acknowledge, understand, and agree that:
The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and StrainBrain. Some provinces, countries, states, counties, or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other related damages or losses. Accordingly, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
The failure of StrainBrain to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right 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 StrainBrain. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and StrainBrain.
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Sites or Services signifies your explicit consent to this waiver.
Any cause of action or claim you may have arising out of or relating to these terms of service, the sites, or services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
You acknowledge and agree that StrainBrain will have no obligation to provide you with any support or maintenance in connection with the Website, Widgets, or Services.
If any of the conditions contained within these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions set forth herein.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
For questions about the StrainBrain’s Websites or any of the Services we provide, please feel free to contact us at firstname.lastname@example.org.