Terms and Conditions of Service

This Terms and Conditions of Service Agreement (“Agreement”) is an important document which must be considered very carefully when choosing whether to engage in the use of services provided by CanSact, LLC. All services, CanSact Platforms, applications, and materials provided by CanSact, LLC. to manage the supply chain of highly regulated markets are collectively referred to as the (“CanSact Platform”). This Agreement governs your use of the CanSact Platform and its associated services and constitutes a legally binding agreement between any person or legal entity that uses the CanSact Platform (“You”, “Your”, or “Yours”) and CanSact, LLC., its affiliates, its representatives, subsidiaries or its assignees (“CanSact”, “we”, or “us”).

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT INCLUDING THE MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION.  PLEASE READ ALL SECTIONS CAREFULLY TO UNDERSTAND THE CONSEQUENCES OF THIS AGREEMENT.

Acceptance of This Agreement

By using, accessing, or clicking to agree when the option is made available to you on the CanSact Platform, you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of this Agreement, the CanSact Privacy Policy (“Privacy Policy”) and any other document expressly incorporated by reference herein (collectively, “CanSact Terms”).

If you do not agree to be bound by the CanSact Terms, you may not use the CanSact Platform. If you do not agree to abide by the CanSact Terms, you automatically opt out of and are prohibited from using the CanSact Platform. If you violate the provisions of the CanSact Terms, CanSact may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the CanSact Platform in whole or in part.

You must be at least 21 years old to use the CanSact Platform. By using the CanSact Platform you expressly represent and warrant that you are at least 21 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You agree that if you are not at least 21 years old you are prohibited from using, and will not attempt to use the CanSact Platform.

By continuing to use the CanSact Platform, you agree to the CanSact Terms and any future amendments and additions to the CanSact Terms as published from time to time through the CanSact Platform.

Amendment To This Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the CanSact Platform. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the CanSact Platform.

If we make material changes to this Agreement we will notify you via the email address provided or posting a notice on the CanSact Platform. Your continued use of the CanSact Platform following the posting of revised CanSact Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Acknowledgments & Disclaimers

NOTE: Throughout this Agreement, the terms “cannabis” and “marijuana” are deemed interchangeable and have the same legal meaning and significance. The terms ‘cannabis’ and ‘marijuana’ do not encompass industrial hemp and products derived therefrom. “Industrial hemp” is defined by the Agriculture Improvement Act of 2018 as any part of the Cannabis sativa L. plant that contains less than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.

CanSact Is A Technology Platform. You expressly agree and acknowledge that CanSact (a) is a technology services provider; (b) is not licensed for commercial cannabis activities; (c) does not itself cultivate, manufacture, package, label, provide delivery services, test, or sell medical or adult-use cannabis. It is the sole responsibility of the licensed entity to offer its services to you in a legal and compliant manner, which are facilitated through its use of the CanSact Platform.

Acknowledgment of Federal Law. CanSact operates under applicable state laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interstate transportation of marijuana is a federal offense.

Acknowledgment of State Law. You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of marijuana is illegal in your state of residence and in the state you are located unless all participants are acting completely within the scope of the state’s applicable laws.

Acknowledgment of the Laws of Your Location. In order to use the CanSact Platform you must abide by and follow the applicable laws of the state, city, county, municipality, or jurisdiction in which you are located. in order to use the CanSact Platform. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the CanSact Platform.

Health Information. You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on the CanSact Platform (“Products”) have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the CanSact Platform are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.

Third-Party Providers. You expressly acknowledge, agree, and understand that during your use of the CanSact Platform, you may purchase goods and/or services from, correspond with, participate in the promotions of, or otherwise utilize third parties facilitating their business through the CanSact Platform, including without limitation, (a) retailers, manufacturers, cultivators, distributors, microbusinesses, or licensors; (b) advertisers, business partners, or affiliates; (c) Payment Vendors; (d) syndicators, aggregators, or reporting services and (e) the respective employees of each of the preceding (“Third-Party Providers”). You agree and acknowledge that CanSact is not a party to any transaction you enter into with any Third-Party Provider, unless otherwise indicated in this Agreement. Any such activity, and any terms, conditions, warranties, or representations associated with such activity is solely between you and the applicable Third-Party Provider. CanSact and its licensors shall have no liability, obligation or responsibility for any such purchase, correspondence, promotion, or transaction between you and any Third-Party Provider.

Third-Party Materials. You expressly acknowledge, agree, and understand that the CanSact Platform might display, include, or make available Third-Party Providers content including data, information, articles applications or other products, services and/or materials or contain links to third party websites, services, and advertisements for third parties such as dispensary Menus, including pricing, product names, and product descriptions (collectively, “Third-Party Materials”). You acknowledge and agree that CanSact is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. CanSact 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 and links thereto 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. In no event shall CanSact or its licensors be responsible for any Third-Party Materials.

Cannabis-related Description Restrictions. You expressly acknowledge, agree, and understand that, you may not use the CanSact Platform to post or communicate any information which (a) makes any deceptive, false, or misleading assertions or statements about your products and/or services, (b) promotes over consumption of your products and/or services, (c) represents that the use of cannabis has curative or therapeutic effects, (d) depicts a child or other person under legal age, or otherwise suggests the presence of such person, and/or (e) is designed in any manner that would be especially appealing to persons under twenty-one years of age.

User Data. You expressly acknowledge, agree, and understand that We collect several types of information from and about users of the CanSact Platform by which you may be personally identified and that is about you but individually does not identify you. All information we collect on this CanSact Platform is subject to our Privacy Policy cansact.com/privacy/.

Geographic Restrictions. You expressly acknowledge, agree, and understand that, the owner of the CanSact Platform is based in the state of California in the United States. We provide the CanSact Platform for use only by persons located in the United States. We make no claims that the CanSact Platform or any of its content is accessible or appropriate outside of the United States. Access to the CanSact Platform may not be legal by certain persons or in certain countries. If you access the CanSact Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Accessing the CanSact Platform and Account Security

We reserve the right to withdraw or amend the CanSact Platform, and any service or material we provide on the CanSact Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the CanSact Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the CanSact Platform, or the entire CanSact Platform, to users, including registered users.

You are responsible for:

•           Making all arrangements necessary for you to have access to the CanSact Platform.

•           Ensuring that all persons who access the CanSact Platform through your internet connection are aware of these CanSact Terms and comply with them.

To access the CanSact Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the CanSact Platform that all the information you provide on the CanSact Platform is correct, current, and complete. You agree that all information you provide to register with this CanSact Platform or otherwise, including but not limited to through the use of any interactive features on the CanSact Platform, is governed by our Privacy Policy cansact.com/privacy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this CanSact Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, if, in our opinion, you have violated any provision of these CanSact Terms.

 If you wish to terminate, delete, suspend, or otherwise disable your Account or use of the CanSact Platform, please contact Customer Support. By registering for an Account, you acknowledge and agree that We must maintain certain User Data, for business, legal and/or operational purposes, including to prevent account abuse. Any remaining information not necessary for this task will be deleted from your Account in a reasonable amount of time following the request. For further information on our privacy practices and how we handle your User Data, please review the Privacy Policy.

CanSact Communications

By entering into this Agreement or using the CanSact Platform, you expressly consent and agree to accept and receive communications from CanSact including via email, text message, calls, and push notifications to the cellular telephone number you provided to CanSact.

By consenting to being contacted, you understand and agree that you may receive communications behalf of CanSact, including but not limited to: operational or transactional communications concerning your Account or use of the CanSact Platform; updates concerning new or existing features of the CanSact Platform; communications concerning Promotions (defined below) run by CanSact or third parties; and news or industry developments concerning CanSact, or third parties. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM CANSACT’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.

YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE CANSACT PLATFORM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM CANSACT (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT OUR CUSTOMER SUPPORT LINE AT (773) 329-7849, HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE CANSACT PLATFORM.

Electronic Records & Signatures

You agree that your electronic signature on the CanSact Platform is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by CanSact regarding your Account and the CanSact Platform electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via the CanSact Platform, email, text message, push notification, chat, customer support, or other electronic communications.

In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:

•           A device with an Internet connection

•           A current web browser with cookies enabled

•           A valid email address

•           Storage space to save past Electronic Communications on your device or an          Installed printer to print Electronic Communications

In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree CanSact will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting Customer Support.

You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line “Withdrawing E-Sign Consent” to legal@cansact.com. However, if you withdraw your consent to receive Electronic Communications, CanSact reserves the right to immediately close your Account as we may be unable to properly facilitate your legal use of the CanSact Platform.

Prohibited Uses

You may use the CanSact Platform only for lawful purposes and in accordance with CanSact Terms. You agree not to use the CanSact Platform:

•           In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

•           For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

•           To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in CanSact Terms.

•           To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

•           To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.

•           To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the CanSact Platform, or which, as determined by us, may harm the Company or users of the CanSact Platform or expose them to liability.

Additionally, you agree not to:

•           Use the CanSact Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the CanSact Platform, including their ability to engage in real time activities through the CanSact Platform.

•           Use any robot, spider, or other automatic device, process, or means to access the CanSact Platform for any purpose, including monitoring or copying any of the material on the CanSact Platform.

•           Use any manual process to monitor or copy any of the material on the CanSact Platform or for any other unauthorized purpose without our prior written consent.

•           Use any device, software, or routine that interferes with the proper working of the CanSact Platform.

•           Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

•           Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the CanSact Platform, the server on which the CanSact Platform is stored, or any server, computer, or database connected to the CanSact Platform.

•           Attack the CanSact Platform via a denial-of-service attack or a distributed denial-of-service attack.

•           Otherwise attempt to interfere with the proper working of the CanSact Platform.

User Contributions

The CanSact Platform may contain message boards, personal web pages or profiles, review forums, bulletin boards, and other interactive features collectively, (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons hereinafter, (“post”) content or materials collectively, (“User Contributions”) on or through the CanSact Platform.

All User Contributions must comply with the Content Standards set out in CanSact Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the CanSact Platform, you grant us and our affiliates and service providers, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

•           You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

•           All of your User Contributions do and will comply with the CanSact Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the CanSact Platform.

Monitoring and Enforcement; Termination

We have the right to:

•           Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

•           Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the CanSact Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the CanSact Platform or the public, or could create liability for the Company.

•           Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

•           Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the CanSact Platform.

•           Terminate or suspend your access to all or part of the CanSact Platform for any or no reason, including without limitation, any violation of these CanSact Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the CanSact Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the CanSact Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

•           Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

•           Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

•           Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

•           Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these CanSact Terms and our Privacy Policy cansact.com/privacy/.

•           Be likely to deceive any person.

•           Promote any illegal activity, or advocate, promote, or assist any unlawful act.

•           Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

•           Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

•           Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

•           Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reviews

You agree not to post reviews on the CanSact Platform using Your account or any other CanSact Platform account that are (a) about your own cannabis dispensary, retail location, and/or medical provider entity or a competitor’s cannabis dispensary, retail location, and/or medical provider entity or (b) your products or competing products. Reviews based on secondhand, non-personal experience, or are otherwise designed for any purpose other than providing other users on the CanSact Platform with an accurate description of your personal experience, are not allowed.

Reliance on Information Posted

The information presented on or through the CanSact Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the CanSact Platform, or by anyone who may be informed of any of its contents.

Changes to the CanSact Platform

We may update the content on this CanSact Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the CanSact Platform may be out of date at any given time, and we are under no obligation to update such material.

Commercial Services

You may access the CanSact Platform by following the registration directions or as specified by your designated CanSact sales representative.

Transaction Fees

Transaction fees are as designated in your Merchant Agreement.

Payment Terms

All purchases through our site or other transactions for the sale of goods or services formed through the CanSact Platform or resulting from visits made by you are governed by the CanSact Terms.  Additional terms and conditions may also apply to specific portions, services, or features of the CanSact Platform. All such additional terms and conditions are hereby incorporated by this reference into these CanSact Terms.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the CanSact Platform. We may (a) suspend your rights to use the CanSact Platform (including your Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement, by notifying you at the e-mail address and/or phone number provided in connection with your Customer Account. It is your responsibility to ensure that we have accurate contact information on file for you. Upon termination of this Agreement, your Customer Account and right to access and use the CanSact Platform will terminate immediately. You understand that any termination of your Customer Account involves deletion of your Customer Content associated therewith from our live databases. CanSact will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Customer Account or deletion of your Customer Content.

Charges, Billing, & Refunds

You understand and acknowledge that you may incur fees or charges from CanSact or other third parties in connection with the goods and services purchased or facilitated through the CanSact  Platform (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:

Retail Price. The “Retail Price” of goods and accessories are displayed with that item on the CanSact Platform. The displayed Retail Price may include discounts, promotions, and price reductions at the sole discretion of CanSact. At checkout, the combined Retail Price of goods and accessories is the subtotal of an order as shown in your cart.

State Taxes. Third Parties charge applicable “State Taxes,” such as cannabis excise taxes, on sales of goods and accessories based on the state of your location, pursuant to state laws and regulations.

Local Taxes. Third Parties charge applicable “Local Taxes” on sales of cannabis goods and accessories. Local Taxes may be based on the city, county, municipality, or other jurisdictional location of your delivery address, the Third Party fulfilling your order, or both, pursuant to local laws and regulations.

Sales Tax. Retailers charge applicable “Sales Tax” on all sales of goods and accessories. Sales tax may be based on the state, city, county, municipality, or other jurisdictional location of your delivery address, the Third Party fulfilling your order, or both, pursuant to applicable laws and regulations.

Other Taxes. You may be charged additional taxes based on applicable laws and regulations. Such taxes may vary depending on the laws and regulations in place at the time of your purchase.

Delivery Fee. You may be charged a “Delivery Fee” for each order you place.

Trust and Safety Fee.In some instances, you may be charged a “Trust and Safety Fee” for some orders. This fee, if applied, is collected to promote the safe and reliable operation of Retailers and their Drivers.

Other Fees. Additional fees and charges may apply to your orders as determined by CanSact, the Retailers, and/or third parties with whom you transact. The description of any such fees will be available at checkout. Your bank may also charge additional fees.

CanSact may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the CanSact Platform may not accurately reflect pricing. CanSact may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the CanSact Platform.

All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the CanSact Platform, CanSact’s decision to terminate your usage, any disruption to the CanSact Platform, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact Customer Support.

Payment Vendor

CanSact may use a third-party payment processor (“Payment Vendor”) to bill your purchase of Products purchased through the CanSact Platform. Payment Vendor services may require you to visit, enter information into, or create an account with the Payment Vendor’s application, CanSact Platform, or platform, separate and distinct from the CanSact Platform. By entering your payment, banking, or other billing information, you authorize CanSact to send that information to or through the applicable Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of the Payment Vendor. If you do not wish you utilize the services of a Payment Vendor.

Business days

For purposes of the CanSact Terms business days are Monday through Friday, not including Bank Holidays.

Transaction Limitations

Limitations on frequency of transactions.

Limitations on dollar amounts of transactions.

Transaction velocity limitations.

Promotions

CanSact  may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, benefits, related to the CanSact Platform, subject to any additional terms that CanSact  establishes (“Promotions”). Promotions may be offered by CanSact or Third-Party Providers on the CanSact Platform. Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.

Each Promotion (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, resold or transferred in any manner, made available to the general public by posting to a public form or otherwise or combined with any other offers unless otherwise permitted by CanSact; (c) may only apply to qualifying items and may require a minimum dollar order purchase; (d) may be modified, disabled, or withdrawn by CanSact at any time for any reason or no reason without liability to CanSact ; (e) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (f) may expire prior to your use; and (g) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.

CanSact, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals determined solely by CanSact. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the CanSact Platform, or any Promotions offered to you.

Unless otherwise indicated by CanSact, Promotions do not apply to taxes, fees, or any charges other than retail price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.

Deals

The CanSact Platform might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from Third Party Providers (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. CanSact displays these Deals on the CanSact Platform as a form of advertisement for the listing Third Party Provider  only. All Deals are offered directly by the applicable Third Party Provider, and may be subject to additional terms, conditions, or restrictions of the Third Party Provider or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the CanSact Platform. The Third Party Provider, and not CanSact, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.

Linking to the CanSact Platform and Social Media Features

You may link to the CanSact Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

This CanSact Platform may provide certain social media features that enable you to:

•           Link from your own or certain third-party web-sites to certain content on this CanSact Platform.

•           Send emails or other communications with certain content, or links to certain content, on the CanSact Platform.

•           Cause limited portions of content on the CanSact Platform to be displayed or appear to be displayed on your own or certain third-party web-sites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

•           Establish a link from any CanSact Platform that is not owned by you.

•           Cause the CanSact Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

•           Link to any part of the CanSact Platform other than the homepage.

•           Otherwise take any action with respect to the materials on the CanSact Platform that is inconsistent with any other provision of these CanSact Terms.

The web-site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the CanSact Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Mobile Data Fees & Usage

CanSact is not responsible for any fees or usage charges related to your access of the CanSact  Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the CanSact Platform from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the CanSact Platform and any updates thereto. CanSact does not guarantee that the CanSact Platform, or any portion thereof, will function on any particular network, hardware, or devices.     

Links from the CanSact Platform

If the CanSact Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party web-sites linked to the CanSact Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such web-sites.

Intellectual Property Rights

The CanSact Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These CanSact Terms permit you to use the CanSact Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our CanSact Platform, except as follows:

•           Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

•           You may store files that are automatically cached by your Web browser for display enhancement purposes.

•           You may print or download one copy of a reasonable number of pages of the CanSact Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

•           If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

•           Modify copies of any materials from this site.

•           Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

•           Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the CanSact Platform or any services or materials available through the CanSact Platform.

If you wish to make any use of material on the CanSact Platform other than that set out in this section, please address your request to: contactus@cansact.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the CanSact Platform in breach of the CanSact Terms, your right to use the CanSact Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the CanSact Platform or any content on the CanSact Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the CanSact Platform not expressly permitted by these CanSact Terms is a breach of the CanSact Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this CanSact Platform are the trademarks of their respective owners.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

Reporting Claims of Copyright Infringement. If you believe any materials accessible on or from the CanSact Platform infringe your copyright, you may request removal of those materials (or access to them) from the CanSact Platform  by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the CanSact Platform , a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedure.  If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below.  Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Our designated copyright agent to receive DMCA Notices is:

Robert W. Diaz

CanSact LLC

73 Potters Bend, Ladera Ranch, CA 92694

(813) 421-1771

BD@cansact.com

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the CanSact Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CANSACT PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CANSACT PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY CANSACT PLATFORM LINKED TO IT.

YOUR USE OF THE CANSACT PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CANSACT PLATFORM IS AT YOUR OWN RISK. THE CANSACT PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CANSACT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CANSACT PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE CANSACT PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CANSACT PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CANSACT PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CANSACT PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CANSACT PLATFORM, ANY WEB-SITES LINKED TO IT, ANY CONTENT ON THE CANSACT PLATFORM OR SUCH OTHER WEB-SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these CanSact Terms or your use of the CanSact Platform, including, but not limited to, your User Contributions, any use of the CanSact Platform’s content, services, and products other than as expressly authorized in these CanSact Terms or your use of any information obtained from the CanSact Platform.

Governing Law and Jurisdiction

All matters relating to the CanSact Platform and these CanSact Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these CanSact Terms or the CanSact Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Orange and County ofOrangealthough we retain the right to bring any suit, action, or proceeding against you for breach of these CanSact Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

You and CanSact agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the CanSact Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CanSact are each waiving the right to a trial by jury or to participate as a plaintiff or named class plaintiff in any purported class action or representative proceeding. Further, unless both you and CanSact otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

Arbitration Rules & Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section (the AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. If needed, the AAA provides a form Demand for Arbitration and additional forms at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration will be conducted and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location & Procedure. Unless you and CanSact otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CanSact submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Changes. Notwithstanding the provisions of the modification-related provisions above, if CanSact  changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to legal@cansact.com with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of CanSact’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CanSact in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE CANSACT TERMS OR THE CANSACT PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in the CanSact Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the CanSact Terms shall not constitute a waiver of such right or provision.

If any provision of these CanSact Terms are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the CanSact Terms will continue in full force and effect.

Entire Agreement

The CanSact Terms and our Privacy Policy Terms constitute the sole and entire agreement between you and CanSact, LLC regarding the CanSact Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the CanSact Platform.

Your Comments and Concerns

The CanSact Platform is operated by CanSact, LLC  73 Potters Bend, Ladera Ranch, CA 92694

All notices of copyright infringement claims should be sent to the copyright agent designated in Copyright protection section of this Agreement in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the CanSact Platform should be directed to: contactus@cansact.com.