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Copyright © 2017 – All rights reserved, PA Cannabis, LLC

TERMS AND CONDITIONS FOR PA CANNABIS, LLC

 

SECTION ONE. AGREEMENT TO THESE TERMS AND CONDITIONS

1.1 We provide information only.

Welcome to our website. This is a public service informational site with the purpose of providing informational content on the Pennsylvania Medical Marijuana Act, referred to as Act 16. It is very important that you understand and hereby verify that by entering the site and accessing its features, you are agreeing to be bound by these Terms and Conditions, along with all applicable laws and regulations, and agree that you are responsible for compliance with any and all applicable laws and regulations both during and after you access the information provided. If you do not agree with any of these Terms and Conditions, you agree that you are prohibited from using or accessing this site, and you hereby agree that you will not use or access it. You also recognize that the materials in this site are protected by applicable copyright and trade mark laws and that you will respect and honor those rights under penalty of law for any violations.

1.2 Updates; Modifications; Your Duty to Know the Law

You agree also to honor any updates or modifications of these Terms and Conditions. We will try to give you notice of any change in these provisions but notice cannot be guaranteed. Therefore, all registered or unregistered users should check for changes or modifications each time you use the site. In fact, the medical marijuana laws and regulations in Pennsylvania, along with existing federal law, are expected to be in a continual state of growth and evolution for the foreseeable future so that you should expect changes from time to time when you access the site, and you do hereby agree to accept any changes and honor them accordingly. It is your responsibility to know both state and federal law on this subject matter and to restrict and conform your actions to the mandates of law. This site may at times be temporarily out-of-date with respect to the rapidly changing nature of state or federal laws.
 

SECTION TWO. NO LEGAL OR MEDICAL ADVICE

2.1 This Public Service Medical Marijuana Website Does Not Provide Legal Advice:

This site provides information and not advice on the law as it may affect each user, and it is therefore important for the user to seek out and know the legal restraints that may exist in his or her particular case. The safest way to know that one’s actions are legal and appropriate is to consult with a licensed attorney in your jurisdiction.

The contents of the Pa Cannabis, LLC website, a/k/a pacann.com, including all articles, blogs, hyperlinks to other sites, explanatory information, historical descriptions and all other content of every nature, is intended to be informative only, and is not in any way to be construed as legal advice or as a recommendation to take any action in particular. All actions of a user that may have a legal impact is a serious matter for which the individual should obtain legal advice prior to taking any consequential action whatsoever. Legal advice is a private and confidential matter to be undertaken with one’s attorney and with respect to detailed personal facts and personal decisions that cannot be and is not provided by this website. As such, legal advice goes far beyond and is far more personal and consequential than the informational data that you may learn using this website.

2.2 This Public Service Medical Marijuana Website Does Not Provide Medical Advice:

The content on this site and the links to other locations are not intended to serve as medical advice and cannot be used as a substitute for professional medical advice, diagnosis, or treatment. The content herein is informational only and must be judged in that context at all times. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never, under any conditions, disregard professional medical advice or delay in seeking it because of something you have read on the Pa Cannabis, LLC website (pacann.com). In fact, the whole purpose of the information herein is to suggest only the terms and provisions of the new medical marijuana law. In order for anyone to determine whether he or she qualifies for the therapies made legal under the Act, he or she must be under the ongoing treatment of a duly qualified medical doctor. We are not counseling any particular course of action and we provide these data bases for informational purposes only.

Pa Cannabis also does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this website. You agree that any reliance on any information provided on this site is at your own risk.
 

SECTION THREE POLICY ON CHILDREN AND MINORS

3.1 Children’s Privacy and Use by Adults Only

You must be 18 years or older to use our Site. There are no exceptions to the rule. Any children who may become qualified to use the medical treatments described herein can access this information only through a qualified guardian or caretaker approved by the Pennsylvania Department of Health. We are committed to protecting the privacy of children. Be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we identify or know is under the age of 18. Approved caretakers and legal guardians who are 18 or older may access the site on their own accord and must register as such prior to using the site.
 

SECTION FOUR. LICENSE TO USERS AND COPYRIGHT, TRADEMARK RIGHTS

4.1 Limited License to Use Content

PA Cannabis, LLC and pacann.com authorizes you to view or download a single (1) copy of the material on the PA Cannabis, LLC and pacann.com Site solely for your personal, noncommercial use if and only if you include the following copyright notice: “Copyright © 2017, PA Cannabis, LLC and pacann.com. All rights reserved” and any other similar notifications.

Permission is granted to temporarily download one copy of the materials (information or software) on PA Cannabis, LLC and pacann.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • modify or copy the materials;

  • attempt to decompile or reverse engineer any software contained on PA Cannabis, LLC and pacann.com’s web site;

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PA Cannabis, LLC and pacann.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4.2 All Content Protected by Copyright

All Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PA Cannabis, LLC and pacann.com or its licensors. Any use of this content that goes beyond the limited license granted is a violation of these Terms and Conditions and are likely in violation also of copyright, trademark, and other laws. All Content and features are subject to change or termination without giving notice at the discretion of PA Cannabis, LLC and pacann.com. All rights which are not expressly granted herein are reserved to PA Cannabis, LLC and pacann.com and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately and forthwith destroy any copies you have made to and of any portion of the Content.

SECTION FIVE. NO LIABILITY OF PA CANNABIS, LLC OR PACANN.COM

5.1 No Liability of PA Cannabis, LLC and pacann.com and Its Licensors

You use our site at your own risk. When using the PA Cannabis, LLC and pacann.com site, you understand and agree that we cannot be responsible for the accuracy and validity of any information we supply. We try to keep up-to-date on this material but rapid changes in the law and the regulations may make certain information outdated. Further, we do not control the media that may be transmitting the information over the Internet. Accordingly, PA Cannabis, LLC and pacann.com assumes no liability for, or relating to: the delay, failure, interruption, or corruption of any data or other information that is transmitted to us by others or to you by us or others in connection with the use of the PA Cannabis, LLC and pacann.com Site.

5.2 No Warranties Regarding Any Content, Medical or Legal Information

The PA Cannabis, LLC and pacann.com site and the content there-in are provided on an “as is” basis. PA CANNABIS, LLC AND PACANN.COM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, PA Cannabis, LLC and pacann.com, its licensors, and its suppliers make no representations, claims or warranties about the following:

  • 1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on, and or through the use of the PA Cannabis, LLC and pacann.com Website or PA Cannabis, LLC and pacann.com.

  • 2. The satisfaction of any government regulations requiring disclosure of information on prescription drugs and prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the PA Cannabis, LLC and pacann.com Website.

5.3 Additional Disclaimers of Liability

Except as otherwise provided by law, in no event shall PA Cannabis, LLC and pacann.com, or its licensors, or its suppliers, or any third parties mentioned on the PA Cannabis, LLC and pacann.com Website be liable for any damages (including, without limitation or limited to, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PA Cannabis, LLC and pacann.com Site or the Content, whether based on warranty, contract, tort, or any other legal theory or stratagem, and whether or not PA Cannabis, LLC and pacann.com, its licensors, its suppliers, or any third parties mentioned on the PA Cannabis, LLC and pacann.com site are advised, or brought to the attention of the possibility of any such damages. PA Cannabis, LLC and pacann.com, its licensors, its suppliers, or any third parties mentioned on the PA Cannabis, LLC and pacann.com site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $300, under any circumstances.

PA Cannabis, LLC and pacann.com, or its licensors, or its suppliers, or any third parties mentioned on the PA Cannabis, LLC and pacann.com site are not liable for any personal injury, including death, caused by your use or misuse of the Website, Content, or other uses. Any and all claims arising in connection to or with your use of the Website, any Content, or other uses must be brought within one (1) year of the day/date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in the Terms and Conditions herein.
 

SECTION SIX. USER SUBMISSIONS, RESPONSIBILITIES, AND RULES OF USE

The personal information you submit to PA Cannabis, LLC and pacann.com is governed by the PA Cannabis, LLC and pacann.com Privacy Policy. To the extent there is an inconsistency between this Agreement and the PA Cannabis, LLC and pacann.com Privacy Policy, this Agreement shall govern.

6.1 Submissions by User

You hereby agree that you will not send or transmit to PA Cannabis, LLC and pacann.com by email, (including through the email addresses listed on the “Contact Us” page) any communication or any content that infringes or violates any rights of any party. If you do submit any business information, idea, concept or invention to PA Cannabis, LLC and pacann.com by email, you hereby agree such submission is non-confidential for any and all purposes.

If you submit any business information, or idea, or concept or invention to PA Cannabis, LLC and pacann.com by email, you automatically grant or warrant that the owner of any such content or intellectual property has thereby  expressly granted PA Cannabis, LLC and pacann.com a royalty-free and perpetual, irrevocable, world-wide nonexclusive license to use, or reproduce, or create derivative works from, and to modify, publish, edit, translate, distribute, perform, and display any and all of the communications or content in any media or medium, or any form, or format, or forum now known or hereafter developed. PA Cannabis, LLC and pacann.com may at any time sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, models or inventions private or proprietary, do not submit them to PA Cannabis, LLC and pacann.com by email. We try to answer each and every email in a timely manner, but we are not always able to do so.

6.2 User Submissions – Video, Audio and Image Files

From time to time, our website may add public areas that may be available for chat, posting information and other public uses. You agree to abide by the following rules with respect to such public posting areas.

You hereby agree to only post or upload media (e.g. photos, videos or audio) that you yourself have taken or that you yourself have all rights to transmit and license and which do not violate the trademark, copyright, privacy or any other rights of any other person. For example, photos or videos of celebrities and cartoon or comic images are almost always copyrighted by the owner.

To protect your privacy, you hereby agree that you will not submit any media that contains Personally Identifiable Information (like name, or phone number, or email address or website URL.) of you or of anyone else, except to provide your identification and email address as part of the approved registration process of the website. Uploading any media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the PA Cannabis, LLC and pacann.com site, you hereby warrant that you have permission from all persons, including each and every person appearing in your media preauthorizing you to make this contribution and grant rights described herein. Never ever, post a photo, picture or video of, or with someone else, altered or unaltered, unless you have their explicit permission.

6.3 Prohibited Communications

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the PA Cannabis, LLC and pacann.com Advertising Policy and the PA Cannabis, LLC and pacann.com Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

6.4 User Grants License and Agrees to Indemnify PA Cannabis, LLC and Pacann.Com

By uploading any media like a photo or video, (a) you grant to PA Cannabis, LLC and pacann.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PA Cannabis, LLC and pacann.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify PA Cannabis, LLC and pacann.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this document.

PA Cannabis, LLC and pacann.com reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
 

SECTION SEVEN. PASSWORDS, MEMBERS, PUBLIC AREAS AND POSTING POLICY

7.1 Passwords

At the present time, mandatory registration and use of passwords is not required. The site reserves the right to implement such a policy in its own discretion. It may also provide a special “members only” section that will require password access. In the event, that these modalities are provided, you agree to abide by the following rules.

PA Cannabis, LLC and pacann.com may provide several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PA Cannabis, LLC and pacann.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your PA Cannabis, LLC and pacann.com account and password; (3) promptly inform PA Cannabis, LLC and pacann.com of any need to deactivate a password. You grant PA Cannabis, LLC and pacann.com and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. PA Cannabis, LLC and pacann.com cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using PA Cannabis, LLC and pacann.com tools and services.

7.2 PA Cannabis, LLC and pacann.com Community and Member to Member Areas (“Public Areas”)

If we in the future provide a public area usage, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. PA Cannabis, LLC and pacann.com and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not take responsibility for such matters and we are strictly limited to providing informational resources for your use at your own risk.

7.3 Prohibited Uses of Public Areas

I n consideration of being allowed to use the Public Areas, if such features are provided on the website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;

  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PA Cannabis, LLC and pacann.com in its sole discretion;

  • Posting advertisements or solicitations of business;

  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  • Posting any fraudulent consumer schemes or scams of any nature;

  • Impersonating another person;

  • Distributing viruses or other harmful computer code;

  • Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;

  • Allowing any other person or entity to use your identification for posting or viewing comments;

  • Posting repetitive messages or attempts to sell products or any other posting that is generally considered to be “spam”; or

  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the sole discretionary judgment of PA Cannabis, LLC and pacann.com, exposes PA Cannabis, LLC and pacann.com or any of its customers or suppliers to any liability or detriment of any type.

7.4 Authority of PA Cannabis, LLC and Pacann.Com with Respect to Posting and Public Areas.

  • Record the dialogue in public chat rooms, if any such rooms or features are provided to users.

  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

  • Remove communications which are abusive, illegal, or disruptive, or that violate with these Terms and Conditions.

  • Terminate a user’s access to any or all Public Areas and/or the PA Cannabis, LLC and pacann.com site upon any breach of these Terms and Conditions.

  • Monitor, edit, or disclose any communication in the Public Areas.

  • Edit or delete any communication(s) posted on the PA Cannabis, LLC and pacann.com Site, regardless of whether such communication(s) violate these standards.

PA Cannabis, LLC and pacann.com or its licensors have no liability or responsibility to users of the PA Cannabis, LLC and pacann.com Site or any other person or entity for performance or nonperformance of the aforementioned activities in the absolute discretion of the website.

7.5 Advertisements, Searches, and Links to Other Sites

PA Cannabis, LLC and pacann.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PA Cannabis, LLC and pacann.com of the site. Use of any such linked web site is at the user’s own risk. PA Cannabis, LLC and pacann.com does not recommend and does not endorse the content on any third-party websites. PA Cannabis, LLC and pacann.com is not responsible for the content of linked third-party sites, sites framed within the PA Cannabis, LLC and pacann.com Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PA Cannabis, LLC and pacann.com does not endorse any product, service, or treatment advertised on the PA Cannabis, LLC and pacann.com Site.

7.6 User Agrees to Indemnify PA Cannabis, LLC and Pacann.Com

You agree to defend, indemnify, and hold PA Cannabis, LLC and pacann.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Access to the Content may not be considered legal by certain persons or in certain countries. If you access the PA Cannabis, LLC and pacann.com Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
 

SECTION EIGHT. ADMINISTRATIVE PROVISIONS

8.1 Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with PA Cannabis, LLC and pacann.com, or in any way relating to your use of the PA Cannabis, LLC and pacann.com Site, resides in the courts of the Commonwealth of Pennsylvania, you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania connection with any such dispute including any claim involving PA Cannabis, LLC and pacann.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

8.2 Governed by Pennsylvania Law

These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

8.3 Complete Agreement

Except as expressly provided in a particular “legal notice” on the PA Cannabis, LLC and pacann.com Site, these Terms and Conditions and the PA Cannabis, LLC and pacann.com Privacy Policy constitute the entire agreement between you and PA Cannabis, LLC and pacann.com with respect to the use of the PA Cannabis, LLC and pacann.com Site, and Content.

8.4 Severability

If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

8.5 Arbitration

You agree that any dispute under these terms and conditions will be submitted to arbitration pursuant to the rules and procedures of the American Arbitration Association, and that this is your sole and exclusive remedy. You waive and forever relinquish any right you may have or may in the future have to bring a class action lawsuit relative to anything contained or implicated by the website content or anything in these Terms and Conditions.

8.6 No Waiver of Rights, No Assignment by User

Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms and Conditions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms and Conditions, and any such attempt will be void. PA Cannabis, LLC and pacann.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.


Thank you for your cooperation. We hope you find the PA Cannabis, LLC and pacann.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form. Questions or comments regarding the PA Cannabis, LLC and pacann.com web site, including any reports of non-functioning links, should be directed by email via our online web form. We try to answer every email in a timely manner but due to volume may not always be able to do so.