Terms and Conditions
This website (the “Site”) and the services, information and tools it offers (the “Services”) are owned and operated by Emblem Cannabis Corporation (“Emblem”, “we”, “our” and “us”, including, where applicable, any affiliate of Emblem).
The Site, including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”) and the Services relate to medical cannabis. The Services include providing the Content for review and providing access to regulated medical cannabis products (the “Cannabis Products”), accessories from third parties with Emblem branding (the “Emblem Branded Accessories”), and accessories from third parties without Emblem branding (the “Other Accessories”) (any one or more of the Cannabis Products, the Emblem Branded Accessories, and the Other Accessories collectively or in any combination being the “Products”) offered for sale through the Site to any individual who is registered as a client of Emblem (a “Registered Client”) in accordance with Applicable Law as defined below in these Terms and Conditions, including the Cannabis Act (Canada) (the “CANNABIS ACT”).
Each Registered Client has an account with Emblem (an “Account”). A Registered Client must login to, or an individual responsible for a Registered Client in accordance with the CANNABIS ACT (a “Responsible Individual”) must login to, an Account corresponding to the Registered Client to purchase the Products. Logging into an Account requires a unique user name and password (collectively, a “User ID”).
These Terms and Conditions are a binding agreement that applies to use of the Site and Services generally, including reviewing Content without logging into an Account, applying for status as a Registered Client or otherwise related to status as a Registered Client. A separate set of terms and conditions applies specifically to the process of becoming, and the rights and obligations of, a Registered Client, including purchasing the Products and can be found here: https://emblemcannabis.com/registered-client-terms-and-conditions/
Not Medical Advice: The Site, including the Content, is provided for general informational purposes only, and does not constitute any representation as to the safety, efficacy, suitability, effectiveness or other features of medical cannabis or any other product in the management of any medical condition or for any purpose, and is not intended to provide, or to be a substitute for, professional medical advice.
ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER FOR ANY QUESTIONS YOU MAY HAVE ABOUT ANY ILLNESS OR OTHER CONDITION, INCLUDING THE SUITABILITY OR EFFECTIVENESS OF ANY PARTICULAR COURSE OF TREATMENT. NEVER DISREGARD ANY PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A PHYSICIAN IMMEDIATELY. IF YOU THINK THE MEDICAL EMERGENCY MAY BE A RESULT OF A CANNABIS PRODUCT PURCHASED FROM EMBLEM, PLEASE CONTACT EMBLEM WITH DETAILS AT email@example.com OR 1-844-546-3633 AFTER THE MEDICAL EMERGENCY HAS BEEN ADDRESSED OR OTHERWISE RESOLVED.
Access is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and Emblem. These Terms and Conditions apply to your access to and use of the Site, including any review of the Content or use of the Services. These Terms and Conditions include disclaimers, exempt Emblem and other persons from liability, indemnify Emblem and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site.
YOUR ACCESS TO OR OTHER USE OF THE SITE, INCLUDING REVIEWING ANY CONTENT, APPLYING TO BE A REGISTERED CLIENT OR RESPONSIBLE INDIVIDUAL, OR ANY OTHER USE OF THE SERVICES, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT, APPLYING TO BE A REGISTERED CLIENT OR ANY OTHER USE OF THE SERVICES.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT firstname.lastname@example.org.
Updates to the Terms and Conditions: Emblem may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Site’s home page 60 days prior to the change. Where required by Applicable Law as defined below in these Terms and Conditions, you will be notified by email or other method at the contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Regulations and Other Applicable Law: The Site, the Content, and the Services relate to, and the Cannabis Products are, medical cannabis. Medical cannabis is regulated in Canada by legislation including the Controlled Drugs and Substances Act (Canada) (the “CDSA”), the CANNABIS ACT, and the Narcotic Control Regulations (Canada) (the “NCR”). Other federal, provincial or local law may apply to some aspects of the Products or Services. As used herein the term “Applicable Law” includes the CDSA, the CANNABIS ACT, the NCR, the Cannabis Act and Cannabis Regulations, or any other applicable federal, provincial or local law as may be appropriate in the context, including consumer protection legislation, privacy legislation, the Food and Drugs Act (Canada), other statutory law and regulations, the Civil Code of Québec, and the common law. The Applicable Law may, as appropriate in the context, define the rights and liabilities, subject to the disclaimers, limitations of liability, and other provisions of these Terms and Conditions, of you, Emblem or other persons.
In order for you to purchase any Products, you must be a Registered Client or a Responsible Individual, with an Account. To have access to an Account, Emblem must register either you or an individual in respect of whom you are a Responsible Individual as a “client” as defined in the CANNABIS ACT. These Terms and Conditions apply to any use of the Site, including by a Registered Client, by a Responsible Individual, by a health care practitioner and others. Additional terms and conditions apply to any use of the Site by a Registered Client or by a Responsible Individual, or by an individual who has completed some or part of an application for status as a Registered Client or Responsible Individual (an “Application”), including in either case by logging into an Account specific to the Registered Client, and including providing some or all of the information required by Emblem to consider the Application (the “Registration Information”). Such additional terms and conditions can be found here: https://emblemcannabis.com/registered-client-terms-and-conditions/
Eligibility based on Residence and Age: As required by Applicable Law the Products are only for use within Canada by individuals resident in Canada who are Registered Clients, and who qualify as a “client” as defined in the CANNABIS ACT and in accordance with Applicable Law. The Site and the Services are intended for access, review, or other use by residents of Canada, and are not intended for access, review or other use by a minor without supervision and guidance by a parent or legal guardian. For the purposes of these Terms and Conditions, a “minor” is someone who has not reached both: (a) the age eighteen, and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed. If you are a minor, you are not permitted to access, review or otherwise use the Site or the Services without supervision by and guidance of a parent or legal guardian.
EMBLEM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE CONTENT OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, INCLUDING LOGGING INTO AN ACCOUNT, ORDERING PRODUCTS FOR DELIVERY WITHIN CANADA, REVIEWING CONTENT (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT RELATED TO THE PRODUCTS), OR OTHERWISE USING THE SITE OR SERVICES, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Using the Site: You may view and print Content from the Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Emblem’s express written consent. Without limiting the generality of the foregoing, you may not use the Site or any Content for commercial purposes without Emblem’s express written consent.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Site, including reviewing Content, acting on Content, ordering Products for delivery within Canada, or otherwise using the Site or the Services in jurisdictions where the Site, the Content or the Services are illegal, is prohibited. If you choose to access the Site or use the Services from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with both the Applicable Law and with any laws applicable in the jurisdiction from which you are accessing the Site. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing Content or using the Services, you agree that you will not:
1. violate any laws, including the Applicable Law, any third party rights or our policies;
2. engage in any unsafe or unlawful practices, including with respect to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products, and without limiting the generality of the foregoing, Emblem makes no recommendation that you apply any Content related to cultivation of cannabis plants, alteration of Cannabis Products, or other activities relating to the Products based on any Content, and if you choose to do so, it is your responsibility to first inform yourself, educate yourself, consult with your physician, and ensure compliance with any Applicable Law including any agreement with a landlord, residential association, condominium association or municipality, and follow channels compliant with Applicable Law for assistance as required;
3. access or use the Site or Services if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Site or Services;
4. access or use the Site in any manner which could damage, disable, overburden or impair the Site;
5. transfer or make available any Account, User ID, other information relating to a Registered Client or Responsible Individual, or any information relating to an Application including Registration Information, a medical document or a registration certificate, to another party;
6. access an Account corresponding to a Registered Client or Responsible Individual other than yourself, if applicable;
7. interfere with the security of, or otherwise abuse, the Site, the Services, or any system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
8. distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Emblem or of any other person accessing or using the Site;
9. use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Site or any Content to collect or mine data from the Site;
10. use any manual process to monitor or copy any web page of the Site or any Content other than as provided for in these Terms and Conditions;
11. obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
12. copy, modify or distribute rights or Content from the Site, including Content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Emblem, and whether or not for consideration or for commercial purposes;
13. harvest or otherwise collect information about any Registered Client or other user of the Site, including email addresses, without their consent and compliance with all Applicable Law; or
14. attempt to complete any of the above actions.
Without limiting other recourse, including but not limited to any remedy available under Applicable Law, we may limit, delay, suspend or terminate any access to the Site, Content, Account, status as a Registered Client, access to Products or Services, linked sites, deny an Application, or take technical and legal steps to keep users off the Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Emblem or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Emblem, Emblem Group (as defined below in these Terms and Conditions), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, suspend or terminate access or status of Registered Clients, including a reservation of the right to cancel any Application for which Registration Information or another aspect of an Application is incomplete or that we consider at Emblem’s discretion to be an inactive Registered Client, or modify or discontinue the Site, Services or Products, at our discretion.
No Spam, Spyware or Spoofing: Emblem takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Emblem on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Site Content: All Content, including descriptions of processes to create derivatives, extracts, and other Cannabis Products, or derivative products incorporating the Cannabis Products, is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Emblem assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Emblem does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Emblem or by any third party, which appears on the Site. Subject to the foregoing, Emblem works to keep the Site and Services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at email@example.com.
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2017 Emblem, its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Emblem and is protected under Applicable Law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Emblem, other than as expressly provided for in these Terms and Conditions. Nothing on the Site, your use of the Services or purchase of Products as a Registered Client or Responsible Individual, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Emblem or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Emblem, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of Emblem. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Emblem or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, the Products, the Services, or other of Emblem’s methods and processes may be subject to rights, including Intellectual Property Rights, of Emblem or a third party. Emblem and any applicable third parties reserve all such rights.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Emblem to any liability for damages you may suffer as a result of communicating with Emblem by electronic communications or if Emblem communicates such information to you at your request, including in the context of an Application.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and as a Service, and not as an endorsement by Emblem of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Emblem makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Emblem generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Emblem. Notwithstanding the foregoing, Emblem reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Site through a link, at Emblem’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Emblem, or Emblem Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
EMBLEM GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO EMBLEM, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO EMBLEM CANNABIS CORPORATION, INCLUDING EMBLEM CORP., AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF EMBLEM CANNABIS CORPORATION, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “EMBLEM GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY EMBLEM GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EMBLEM GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. EMBLEM GROUP MAKES NO WARRANTY THAT THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EMBLEM GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY EMBLEM GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).
DISCLAIMER OF EMBLEM GROUP COMMUNICATIONS: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM EMBLEM GROUP, RELATING TO THE SERVICES OR THE PRODUCTS, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT EMBLEM GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT, THE SERVICES, THE PRODUCTS OR EMBLEM GROUP.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBLEM GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
(B) YOUR INABILITY TO USE OR APPLY THE SITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, WHETHER IN CONNECTION WITH THE SERVICES, THE PRODUCTS OR OTHER ASPECTS OF THE SITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
(E) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF AN ACCOUNT, USER ID, OR OTHER ASPECTS OF REGISTERED CLIENT STATUS, INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION, INCLUDING REGISTRATION INFORMATION, SUCH MISUSE INCLUDING USE OF A USER ID BY AN INDIVIDUAL OTHER THAN A REGISTERED CLIENT OR A RESPONSIBLE INDIVIDUAL; OR
(G) ANY OTHER MATTER RELATED TO THE SITE.
IF YOU CHOOSE TO USE THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM EMBLEM GROUP. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE ACCESSING, APPLYING AND USING THE SITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ONLY UNDER THE ADVICE OF A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER IN ACCORDANCE WITH APPLICABLE LAW AND OTHERWISE AT YOUR OWN RISK (OR THE RISK OF ANY REGISTERED CLIENT FOR WHOM YOU ARE A RESPONSIBLE INDIVIDUAL) AND UNDER YOUR OWN DISCRETION.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY EMBLEM GROUP OR IN THE CONTENT WHETHER OR NOT EMBLEM GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) EMBLEM GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD EMBLEM GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS. NOTWITHSTANDING THIS INDEMNITY, EMBLEM GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF EMBLEM’S SELECTION AT EMBLEM GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT EMBLEM’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU OR A REGISTERED CLIENT FOR WHOM YOU ARE RESPONSIBLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Emblem, including as Registration Information or otherwise associated with an Application, constitutes your consent to receive any legal notices required by Applicable Law at the an email address or other contact information you provide to Emblem. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Emblem, unless Emblem is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Emblem. In such case, notice shall be deemed given three days after the notice is sent in the mail by Emblem.
Law and Forum for Legal Disputes: For Registered Clients, Responsible Individuals and others in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Emblem is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For Registered Clients, Responsible Individuals and others outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Emblem is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Ontario. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When using a Service, reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable both to any Service you use through the Site, and to the Site more broadly, which are available on the applicable portion of the Site or may be presented when you use or apply for the Service. If you are a Registered Client or are a Responsible Individual, or have completed or begun completing an Application, the “Emblem Registered Client terms and Conditions”, located at https://emblemcannabis.com/registered-client-terms-and-conditions/ also apply to your use of the Site, including when purchasing a Product, using a Service, or reviewing Content. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Emblem with respect to the Site, the Content, the Services and any information obtained through the Site by communication with Emblem personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site or the Services. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Emblem has the right, in its discretion, to terminate or suspend your access to the Site, to terminate or suspend any Registered Client status or any Account, to refuse any Application or to limit or deny your access to or participation in any Content, Products or Services offered by Emblem at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Emblem, interfere with any other person’s access to or use of the Site, or if Emblem decides in its discretion for any reason whatsoever that any Account, Application, status as a Registered Client, access to the Site by any person, access to Content by any person, including use of any Service or purchase of any Product, is otherwise detrimental to the Site, Emblem or Emblem Group more broadly, or Emblem’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Emblem with details. Emblem may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Emblem does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Emblem.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Emblem by email as indicated in these Terms and Conditions. You can communicate with emblem by mail at PO Box 20087 Northville, Paris, ON N3L 4A5 Canada. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Emblem have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language.
Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Emblem is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Emblem’s Administration Officer by email at firstname.lastname@example.org or by mail at the address above with attention to the Administration Officer.