Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using www.cannao2.com (“Website”), which is owned and operated by CannaO2, LLC.
We are focused on the design, production and distribution of hydroponic growing machines, plant growing rooms and plant growing containers and ancillary products and supplies used for growing plants (each, a “Product” and collectively, “Products”). CannaO2, LLC (“CannaO2”), an Israeli company, conducts the majority of our global operations through www.cannao2.com, a website that provides information about our Products and Services and which is our e-commerce platform. CannaO2 is our trade name and the name of our primary product. Except as specifically stated in these Terms and Conditions, references in these Terms to “CannaO2”, “we”, “us” and “our”, refer to CannaO2.
ALL INFORMATION CONTAINED ON OUR WEBSITE OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY CANNAO2 ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. CANNAO2 DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE WEBSITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS. WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY OTHER USERS OF THE SITE OR SERVICES.
Eligibility to use the Website
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 21 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. CannaO2 reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend the Services at any time for any reason without liability.
CannaO2 does not enable or encourage hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, spam or violations of applicable laws. Do not:
- Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- Post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- Spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- Engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
- Use the Products in violation of applicable laws, rules or regulations; or
- Take any action that imposes, in CannaO2’s sole discretion, an unreasonable load on CannaO2’s infrastructure.
CannaO2 reserves the right to remove Users and terminate User accounts for such activities.
Infringement and reporting User Content
CannaO2 respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, please notify us. If we are notified by a copyright holder that any content infringes a copyright, we may in our absolute discretion take actions without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to us with a request to restore the removed content.
All information submitted in connection with a User account on the Services (“User Account”) must be accurate and truthful. Users agree to notify CannaO2 immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information CannaO2 may reasonably request and to answer truthfully and completely any questions CannaO2 might ask you in order to verify such User’s identity.
- Compliance With Applicable Law. You may only place an order to purchase the Product, use the Website and the Services in accordance with the laws of the jurisdiction in which you will use the Product, the Website and the Services. At all times, your use of the Product or the Website will be governed by the laws of the jurisdiction in which you use the Product or the Website. We reserve the right to reject your requested order of the Product for any reason, including, but not limited to our determination that use of the Product or the Website is not permitted under the laws of your jurisdiction. It is your responsibility to ensure compliance with the laws of the jurisdiction in which you use the Product or the Website. Canna02 has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of the Product or the Website. It may be unlawful to transfer the Product across state or international borders. Using the Product is under the User’s own responsibility.
- Assumption of Risk. You agree that you assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with my use of the Product or the Website. You accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with your use of the Product, or the Website. You retain sole responsibility for ensuring your actions are compliant with all applicable federal, state and local laws. CannaO2 does not condone the use of the Product, Website or Services for any illegal activity, and is not responsible for your use of the Product, Website or Services in contravention of any law, rule or regulation. You waive all claims against CannaO2, its owners, officers, employees, successors, agents and assigns, arising out of any activities you choose to undertake. You fully comprehend and accept all of the risks associated with you use of the Product and the Website. In addition, you acknowledge that when you a pre-order a Product, the Product has not been manufactured as of the date you submit your order. CannaO2 has no responsibility, whatsoever, in the case in which there will be a delay in the delivery of the Product, or in which the Product will not be delivered to you, from any reason or no reason, inter alia, bankruptcy, insufficient funds etc. Further restrictions regarding specific products will also apply regarding such products.
License and restrictions; ownership
- License grant.Subject to your compliance with these Terms and Conditions, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sub-license) to download, install, access and use the Website solely on devices that you own or control, for your personal use only, and subject to the limitations set forth below. These Terms and Conditions are limited to the intellectual property rights of CannaO2 and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the Website comprises a limited license and does not constitute the sale of any software program.
- Fees. CannaO2 does not currently charge end users any fees for use of the Website, though we reserve the right to do so in the future if permitted by applicable state law. CannaO2 will notify Users prior to charging any fees for use of the Website.
- Use restrictions. Except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sub-license, modify, time-share or otherwise exploit the Product or the Website in any unauthorized manner; (2) use the Product or the Website in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Product, the Website, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the Product or the Website; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Product or the Website; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Product, the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the Product or the Website; (8) otherwise circumvent any functionality that controls access to or otherwise protects the Product or the Website; or (9) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of CannaO2 and its licensors. If you breach these restrictions, your limited license granted herein shall immediately terminate and you may be subject to prosecution and damages.
- Ownership. The product or the Website and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws.
You acknowledge and agree that CannaO2 and/or its licensors own all right, title and interest in and to the Website (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto), and that CannaO2 owns all intellectual property associated with the Product despite your ownership and possession of the Product itself, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of CannaO2’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these purchase. Any and all: (1) suggestions for correction, change and modification to the Product or the Website and other feedback (including, but not limited to, quotations of written or oral feedback), information and reports your provide to CannaO2 (“Feedback”); and all (2) improvements, updates, modifications or enhancements, whether made, created or developed by CannaO2 or otherwise relating to the Product or the Website or the App (“Revisions”), are and will remain the property of CannaO2. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Website, or any of the intellectual property rights associated with the Products, or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of CannaO2 and CannaO2 may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to CannaO2 any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At CannaO2’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
Warranty disclaimer; Limitation of liability
- Warranty disclaimer. THE WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CANNAO2 HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CANNAO2 DOES NOT WARRANT THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (3) THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU. THE WEBSITE, SERVICES AND PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CANNA02 IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANNAO2 BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE OR INABILITY TO USE THE WEBSITE, THE PRODUCTS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANNAO2’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS REGARDING USE OR INABILITY TO USE THE WEBSITE, THE PRODUCTS OR THE SERVICES WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (1) THE AMOUNTS, IF ANY, YOU PAY TO CANNAO2 UNDER THESE TERMS OF SERVICE FOR USE OF THE WEBSITE; OR (II) FIVE DOLLARS ($5.00). BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Indemnity. By agreeing to these Terms and Conditions and using the Services, the Product or the Website, you agree that you shall defend, indemnify and hold CannaO2, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these Terms or any applicable law or regulation; (2) your violation of any rights of any third party; (3) any unauthorized use of the Services, the Product or the Website; (4) your negligence or willful misconduct; or (4) your use of the Services, the Product and the Website.
Arbitration and class action waiver
- Binding arbitration. Any dispute or claim arising in any way from your use of the Product, the Website or the App, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product or the Website in violation of these Terms, will be resolved by binding arbitration, rather than in court.
- Individual basis. To the fullest extent permitted by applicable law, you and CannaO2 each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and CannaO2 each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
- Arbitration Rules and Governing. These Terms will be governed by, construed and enforced in accordance with the laws of Texas, without regard to conflicts of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is excluded from these Terms and shall have no applicability. Any disputes arising out of or in connection with these Terms shall be finally and exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by a single arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Collin County, Texas and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding. Nothing contained herein shall prevent us from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against you, in order to restrain the breach of any restrictive covenants pursuant to these Terms. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible.
- Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the ICC 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 ICC filing, administrative and arbitrator fees will be solely as set forth in the ICC Rules.
- Right to Counsel. You have the right to be represented by counsel of your choice. However, you agree that in all events you, not CannaO2, shall be responsible for all of your counsel’s fees.
- Limitation period. In no event shall any claim, action or proceeding by you be instituted more than one (1) year after the cause of action arose.
- Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and CannaO2 each agree to the exclusive jurisdiction of a court of competent jurisdiction located in Collin County, Texas, and you and CannaO2 each agree to submit to the exercise of jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
- Termination. If you breach any of the terms of these Terms and Conditions, all licenses granted by us, including permission to use the Website, will terminate automatically. Additionally, we may suspend, disable, or delete your User Account or the Website (or any part of the foregoing) with or without notice, for any or no reason. If we delete your User Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Website under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this agreement by CannaO2 or you. Termination will not limit any of CannaO2’s other rights or remedies at law or in equity.
- Injunctive relief. You agree that a breach of these Terms will cause irreparable damages to CannaO2 for which monetary damages would not be an adequate remedy and CannaO2 shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- Notices. We may give notice to you by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to firstname.lastname@example.org. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
- Miscellaneous. These Terms and Conditions may not be modified except by a writing executed by the duly-authorized representatives of CannaO2 or pursuant to Section 5 below. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by CannaO2 but may not be assigned by you without the prior express written consent of CannaO2. Any attempt by you to assign these Terms without the written consent of CannaO2 shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and CannaO2 agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of Israel excluding any conflicts and choice of law rules, exclusively govern these Terms and your use of the Product and the Website. Your use of the Product and the Website may also be subject to other local, state, national, or international laws.
- Modifications. We may occasionally update these Terms and Conditions. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, we may also send emails to our Users who have created an account containing a link to the revised Terms. If you continue to use the Website after we post an update to these Terms, you indicate your acceptance of the updated Terms.
- Contact Us. If you have any questions regarding these Terms and Conditions, the Product or the Website please contact us at email@example.com.