Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to Canna Vista Wellness Limited Liability Company (“Cannavista”), where we provide information, goods and services to you subject to the following conditions.
If you visit, download information, shop or purchase by or through the website (hereinafter referred to as “Site” and "Cannavista" ), you hereby accept and are legally bound by all of these terms and conditions for the use of this Site. Please read them carefully.
By using the websites located at cannavistawellness.com.com, millvalleyhemp,com, or any affiliated website (hereinafter referred to as “Website”, "Site" or “Sites”), you signify your agreement to abide by all terms, conditions and notices contained or referenced in this Site Use Agreement (hereinafter referred to as “Agreement”).
If you are under the age of 21, or do not agree with any of the terms and conditions of this Agreement, you are not authorized to use the Sites, the information contained therein, or to purchase any goods or services offered thereby. Any authorized use of the Website as set forth herein shall be deemed to constitute your electronic signature and acceptance of our Site Use Agreement thereby.
Cannavista reserves the right to, as determined in our sole discretion, to update or revise any terms or conditions of this Agreement and information, goods or services offered hereby at anytime. Please check the Agreement periodically for changes.
If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account or password.
Cannavista offers goods and services to members who are adults who can purchase with a credit card, or by other similar means. If you are not a member or are under 21 years of age, you may not use the Sites.
Cannavista reserves the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Specific to the offering for sale, purchase, delivery and use of Cannavista information, goods or services, Cannavista does not employ or operate any office, sales room, sales agents, warehouses or other place of business other than those exclusively located within the State of Michigan with respect to the sale or delivery of goods or services offered hereby. Neither does Cannavista allow or permit, the temporary or permanent employment or services of agents, affiliates, affiliate partners or similar such third parties, either directly, or indirectly, in the sales of goods or services from any other state than that of Michigan.
At the time of your submission of any bona fide offer of purchase, or any other form of purchase of goods or services from Cannavista, you hereby agree to complete any such offer or purchase, with ownership of such goods or services thereby accepted by you following any sale or shipment of such goods or services. At the time of any sale or offer of purchase, whether by telephone, website or other forms of electronic communications, your contemporaneous agreement to pay for such goods and services prior to delivery is hereby expressly agreed to. Your failure to honor any offer of sale accepted by Cannavista, or any failure to complete any transaction made in good faith with Cannavista, thereby constitutes a breach of contract subject to adjudication in any Court of competent jurisdiction selected in the sole discretion of Cannavista.
Cannavista engages in the lawful sale of goods and services within the State of Michigan. Cannavista does not hire or employ any third party sales or delivery representative operating in any other state for the purpose of taking your orders, making sales, deliveries, installing, assembling, repairing, maintaining, servicing, deriving rentals, selling, warehousing and delivering goods or services, either directly or indirectly, whether by employees, agents or representatives, in any state except in Michigan.
Please review our Privacy Notice, which also governs your Cannavista Site use to best understand our practices.
When you visit the Cannavista Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically without limitation. We will communicate with you by e-mail, or by posting notices on this Site.
You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without any limitation.
LICENSE AND SITE ACCESS
Use of the Cannavista Sites grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify any portion of it, except with express written consent of Cannavista.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cannavista.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site, or otherwise created, authorized or reproduced by Cannavista, or its affiliated websites, without our express written consent.
Further, you may not use any Meta Data, Micro Data, Computer Code, or any other "hidden text" utilizing the Cannavista trade name, or any derivative names or marks, without the express written consent of the Cannavista.
Any unauthorized Site Use terminates the permission or license granted by the Cannavista. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Cannavista Sites, or its affiliated websites, only so long as the link does not portray Cannavista, or any affiliated websites owned or controlled by Cannavista, or its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic or trademark developed, owned or controlled by the Cannavista, as part of the link, or otherwise, without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Canna Vista Wellness, L.L.C., a Michigan Limited Liability Company, (referred to herein as "we," "us," "our", Cannavista, or the "Company"). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Cannavista only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Modification or use of the materials, information, goods or services obtained through use of the Site, or use of the materials within the Site, for any other purpose, is a violation of our copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.
Except as otherwise indicated on this Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Cannavista
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement.
Cannavista reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Cannavista retains full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable or machine readable form, without the exclusive written permission of Cannavista as duly evidenced by the signature of a duly authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information onthe Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cannavista reserves the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Cannavista a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant Cannavista the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify Cannavista, without limitation, with respect to any and all claims resulting from content you post or supply.
Cannavista has the right, but not the obligation, to monitor and edit or remove any activity or content and takes no responsibility or assumes any liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS AND GLOBAL SALES POLICY
Cannavista attempts to be as accurate as possible in creating product or services descriptions. However, Cannavista does not warrant the merchantability or fitness of any product, product description, services descriptions, nor any other content of this Site as accurate, complete, reliable, current, or error-free. All products are offered and sold on an as-is basis, and all sales are final. Custom product orders are made to order per customer selected specifications and not returnable for any reason.
DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCTS MENTIONED THROUGHOUT OUR SITE ALONG WITH THEIR RESPECTIVE LABELS ARE FOR COMPARISON PURPOSES ONLY. THE NAMES, TRADEMARKS AND COPYRIGHTS OF ANY THIRD PARTY ARE THE PROPERTIES OF THEIR RESPECTIVE DESIGNERS, MANUFACTURERS, OWNERS OR THEIR AFFILIATES. THE BRAND NAMES AND PRODUCT VERSIONS OFFERD BY CANNAVISTA ARE NOT TO BE CONFUSED WITH ANY THIRD PARTY AND CANNAVISTA HAS NO AFFILIATION WITH OWNERS, MANUFACTURERS AND DESIGNERS MENTIONED, NOR DOES IT REBOTTLE OR REPACKAGE ANY THIRD-PARTY PERFUMES, COLOGNES OR FRAGRANCES OFFERED HEREBY.THE PRODUCTS AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PRODUCTS ARE MADE TO ORDER AND ARE NOT RETURNABLE FOR ANY REASON, WITH ANY AND ALL PRODUCT SALES BEING FINAL. CANNAVISTA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. CANNAVISTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANNAVISTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT CANNAVISTA), WILL ASSUME THE ENTIRE COST OF ANY AND ALL DISCOVERY ACTIVITIES AND RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. IN ACCORDANCE WITH THE FEDERAL TRADE COMMISSION 16 C.F.R. §14.15(b) (2003), PLEASE NOTE THAT CERTAIN BRAND NAMES AND PRODUCTS MENTIONED THROUGHOUT OUR SITE, ALONG WITH THEIR RESPECTIVE LABELS, SERVE AS A COMPARATIVE REFERENCE AND SHOULD NOT BE MISTAKEN FOR ANY OTHER BRAND OR PRODUCT. CANNAVISTA COMPETES WITH THE VARIOUS THIRD-PARTY DESIGNERS, MANUFACTURERS, OWNERS AND THEIR RESPECTIVE AFFILIATES, AND IS NOT IN ANY WAY ASSOCIATED WITH THEM. IN MAKING BRAND OR PRODUCT COMPARISONS, CANNAVISTA EXPRESSLY DISCLAIMS ANY OWNERSHIP OR CONNECTION TO ANY THIRD-PARTY BRAND NAMES, TRADEMARKS, PATENTS AND COPYRIGHTS. THE PERFUMES, FRAGRANCES AND COLOGNE VERSIONS PRODUCED BY CANNAVISTA ARE NOT TO BE CONFUSED WITH ANY OTHER THIRD-PARTY BRAND OR PRODUCT, AND CANNAVISTA HAS NO AFFILIATION WITH ANY SUCH BRANDS, DESIGNERS, OWNERS, MANUFACTURERS OR THEIR RESPECTIVE AFFILIATES. ANY AND ALL THIRD-PARTY TRADEMARKS ARE PROPERTY OF THE RESPECTIVE OWNERS AND ARE EXPRESSLY DISCLAIMED BY CANNAVISTA.
LIMITATION OF LIABILITY
In no event will Cannavista be liable to any party for any claim, injury or cause of action related to the information found on the Site, the purchase or use of any of its products or services, including, but not limited to, those of your state or local taxing authorities, for any direct, indirect, special, incidental or consequential claims, injuries, causes of action, fees, taxes, penalties or damages for any losses associated with the products and services obtained by and through Cannavista, or the Use of the Site, the purchase and use of goods or services, or for any textual information, images, data, files, software or materials found within the Site, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if Cannavista is expressly advised of the possibility of such claims, injuries or damages, if any.
RISK OF LOSS
Any and all items purchased from Cannavista or related or affiliated online venues owned or controlled by Cannavista, are made pursuant to a third- party shipment for the delivery of your items. This means that that any and all damages, risk of loss and title associated with such items pass to you upon our depositing your goods with your designated shipping carrier. To the extent you receive goods or services from Cannavista but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Cannavista, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are obligated to immediately pay for such goods or services obtained from Cannavista, of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Cannavista, and is protected by United States and international copyright laws.
The compilation of all content on this Site is also the exclusive property of Cannavista, which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, Cannavista, together with its affiliates, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Cannavista.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Cannavista, which shall not be used in any manner or form without the express written consent of a duly authorized officer of Cannavista.
PROHIBITED USES OF SITE
Competing Businesses, Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site or its content, for any purpose prohibited herein, or accessing or purchasing goods or services for purposes of decompiling the intellectual property of Cannavista, as a result of Use of the Site.
Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Cannavista, harmless for any and all losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any Prohibited Site Use of any information, photos, images, data, pages, goods or services obtained through the Use of the Cannavista website, or any affiliated website owned or controlled by Cannavista.
It is explicitly understood that Cannavista hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any Commercial Entity or private individual violating the provisions of this Site Use Agreement or any other form of Prohibited Site Use, through a Court of Competent jurisdiction so selected by Cannavista, without imposition of bond, at any time.
Cannavista further reserves it's right to seek any appropriate additional consequential damages sustained through (i) the prohibited Use of the Site, (ii) any alleged act or acts deemed to constitute disparagement or tortuous business interference, or, (iii) any other contractual breach deemed to in any way harm Cannavista ability to engage in commerce, or to sell any goods or services.
Cannavista further reserves the sole and exclusive right to select binding Arbitration under the Terms and Conditions of this Site Use Agreement. If selected by Cannavista Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Cannavista.
SALES TAXES, APPLICABLE LAW AND SEVERABILITY
Cannavista conducts its business exclusively from its headquarters located in Michigan. As a resident business of the State of Michigan, Cannavista reserves the right to collect Michigan Sales Taxes in connection with sales and deliveries made within the State of Michigan. By visiting or purchasing from Cannavista, you agree that the laws of the State of Michigan, without regard to principles of conflict laws, will govern the terms and conditions of purchases and Site Use, and any dispute of any sort that might arise between you and Cannavista. In addition, you hereby agree that as a customer of Cannavista, either residing or not residing in the State of Michigan, you shall be exclusively responsible for reporting and paying any and all applicable sales, use, local, vat, or any similar state or local taxes. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area, as some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state. For purchases where a sales or use tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase, and we will use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase on a best efforts basis only.
We do not guarantee the accuracy of the amount of any tax we represent to you as the amount of tax owed, as minor errors may occur owing to the inability to accurately track multiple taxing districts, cities, counties, state or local “tax holidays”. Further, we do not guarantee the accuracy of the timing of tax rate changes or the application of certain taxes to categories of items we sell, and as a result of any errors, we may over-collect, under-collect or inaccurately calculate such taxes. In consideration of our allowing you to access and use of the Site, and our calculating, collecting, remitting or notifying you of sales or use taxes required on your purchases on a best efforts basis, you hereby waive your right to any and all claims that taxes collected or reported on any purchase is incorrect in any respect, and you further agree to hold us, together with our officers, directors, employees, agents, representatives, manufacturers and shippers harmless, without limitation, with respect to any harm, claims, losses or damages you may incur as a result of any error in our calculating, collecting, remitting or notifying you of the taxes you may owe for your purchases or for the delivery of products or services thereby.
We provide this data as a reference to assist you in determining any applicable sales or use tax, noting our calculations may or may not match the data in your records, and may not reflect gifts or shared accounts.
You hereby further agree to timely remit any such payment due to city, county, state or other such local taxing authorities, as applicable. If any provision of these conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable, and shall not affect the validity and enforceability of any remaining terms and conditions set forth herein.
Cannavista controls the Site and other wholly owned websites from its offices in the State of Michigan, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to any alleged breach of contract, or your access to, or Use of, the Site or its materials, shall be governed by applicable U.S. Federal law or the laws of the State of Michigan, as set forth herein. In the event of any legal action arising here-under, you also agree that Cannavista reserves the exclusive right to submit such legal actions within any jurisdiction and venue it so chooses, without limitation, including, but not limited to, any Arbitration forum, Federal or State Court exclusively selected by Cannavista pursuant to this Agreement.