Terms and Conditions
Last updated September 29, 2017. Replaces the prior version in its entirety.
These terms govern your use of our website or services such as the CannaStocker platform (collectively, “Services”) and software (collectively, “Software”) that we include as part of the Services. By using the Services or Software, you agree to these terms.
1. How this Agreement Works.
1.1 Choice of Law. Your relationship is with Andraste Technologies, a United States company, and the Services and Software are governed by the laws of the State of Washington, U.S.A. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law.
1.2 Eligibility. You may only use the Services and Software if you or your company is a currently licensed medical and/or recreational cannabis company in good standing.
1.4 Availability. Pages describing the Services are accessible nationwide but this does not mean all Services or service features are available in your area, or that those Services are legal in your state. We may block access to certain Services (or certain service features or content) in certain states. It is your responsibility to make sure your use of the Services is legal where you use them.
1.5 Content Provided. Any content that we provide to you (such as reporting data, market conditions, or alerts) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.
1.6 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.
1.7 Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to plan for those changes. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
2. Use of Service.
2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.
2.2 Andraste Technologies Intellectual Property. We remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.
You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized user designated by you) or (b) use another person’s account. Your authorized user may use your account information to manage your use and access to the Services.
4. User Conduct.
4.1 Responsible Use. The CannaStocker platform often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
4.2 Misuse. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:
(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
(b) enable or allow others to use the Service, Software, or content using your account information;
(c) use the content or Software included in the Services to construct any kind of database;
(d) access or attempt to access the Services by any means other than the interface we provided or authorized;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
(f) share content or engage in behavior that violates Andraste Technologies Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
(g) attempt to disable, impair, or destroy the Services, software, or hardware;
(h) place advertisement of any products or services in the Services except with our prior written approval;
(i) use any data mining or similar data gathering and extraction methods in connection with the Services; or
(j) violate applicable law.
5. Fees and Payment.
5.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, exchange fees, transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. You are transacting with Andraste Technologies and all payments will be reflected as such.
5.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
5.3 Payment Issues. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with us and your access, as well as any submissions you have within the Service, may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth as $50.00 USD per occurrence. If you have an issue with credit card or other payment charges, you should contact your us first regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges. . Transactions on your credit card statement or other payment provider will be listed as “Andraste Technologies”.
6. Disclaimers of Warranties.
6.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
6.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.
7. Limitation of Liability.
7.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
7.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
7.3 The limitations and exclusions in this Section 7 apply to the maximum extent permitted by law.
8. Required Performance Standards
8.1 Performance Standards for Sellers. All users of the Services who list products for sale must adhere to Andraste Technologies Performance Standards. These Performance Standards for Sellers include, but are not limited to:
(a) Valid and accurate information entered for products listed for sale through the Services including, but not limited to, strain, testing percentages, and price.
(b) Timely follow up, fulfillment, and delivery of orders placed through the Services.
(c) No attempts to circumvent the established sales process or to divert buyers to another website or sales process.
8.2 Performance Standards for Buyers. All users of the Services who place orders for product through the Services must adhere to Andraste Technologies Performance Standards. These Performance Standards for Buyers include, but are not limited to:
(a) Honor your commitment for purchases placed through the Services including, but not limited to, purchase price, quantity or amount ordered.
(b) No attempts to circumvent the established sales process or to divert sellers to another website or sales process.
9.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
9.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:
(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
(b) you fail to make the timely payment of fees for the Software or the Services, if any;
(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law);
(e) you fail to meet Required Performance Standards as listed in Section 8.
9.3 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
10.1 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
11. Dispute Resolution.
11.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Andraste Technologies must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
11.2 Rules. JAMS will administrate the arbitration in King County, Washington pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator that you and Andraste Technologies both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
11.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
11.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.
13.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.
13.2 Notice to Andraste Technologies. You may send the notices to us at the following email address: Andraste Technologies, email@example.com.
13.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.
13.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services.
13.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
13.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
13.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.
Andraste Technologies: firstname.lastname@example.org