Terms and Conditions

Website Terms of Use

Last Modified: May 7th, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 

Acceptance of Terms and Conditions

These terms of use form a contract by and between You and Tomori Pharmacology, Inc., a Colorado corporation, doing business as Cannify (“Cannify“, “we” or “us“).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of cannify.us and any Cannify iframe or widget, including any content, functionality and services offered on or through cannify.us or Cannify’s iframes or widgets (the “Website“), whether as a guest or a registered user.

By using the Website, you signify your assent and agreement to these Terms of Use.  If you do not agree to all of these Terms of Use, do not use or access or use this Website!

 

You must be 13 or older to View the Website; You Must be at Least 21 or Own a Valid Medical Marijuana Card to Use the Cannify Tool

You may not view or use the Website if you are less than 13 years of age.  By using the Website, you represent and warrant that you are at least 13, able to form and ratify a binding contract with Cannify and meet all eligibility requirements. If you do not meet all of these requirements, you must not view or use the Website.

You must be at least 21 years old or own a valid medical marijuana card to use the Cannify Tool feature of the Website.  Additionally, states that have legalized possession and distribution of Cannabis prohibit anyone under 21 years of age or not owning a medical marijuana card from purchasing or possessing cannabis.  By using the Cannify Tool feature, you represent and warrant that you are at least 21 or own a medical marijuana card, able to form a binding contract with Cannify and meet all eligibility requirements for submission of your information to the Website. If you do not meet all of these requirements, you must not use the Cannify Tool feature on this Website.

 

Changes to the Terms of Use

Cannify may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately upon posting, and apply to all your access to, and use of the Website thereafter.
You use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access the Website to become aware of any changes because they are binding upon you.

 

Cannify Does Not Offer Medical Advice

Cannify and the Website do not provide or offer medical diagnosis, treatment or therapy suggestions or advice, or related recommendations.  The purpose of the Website is solely as an educational tool and as a research tool for users who want to learn about studies and research findings concerning the pharmacological effects of cannabis, related Cannabis based products and their constituents.  USE OF THIS WEBSITE CONSTITUTES A CERTIFICATION BY THE USER THAT HE, SHE OR IT WILL NOT USE THE WEBSITE FOR SELF OR THIRD-PARTY DIAGNOSIS, TREATMENT, OR THERAPY SUGGESTIONS, ADVICE OR RELATED RECOMMENDATIONS.  THE USER WILL USE THE WEBSITE SOLELY AS AN EDUCATIONAL AND RESEARCH TOOL

 

Indemnification and Release

You agree to defend, indemnify and hold harmless Cannify, its affiliates, licensors and service providers, and its and their respective officers, members, managers, 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 Terms of Use or your use of the Website, including, but not limited to, User Provided Content you place on the Website, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
You hereby release and forever discharge Cannify (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users or third party materials appearing or displayed on the Website.

 

Important Disclaimers

Website contents, including text, graphics, images and information obtained from third parties, licensors and the public domain, and any other material appearing on the Website (collectively “Content”) are for informational and educational purposes only.  Cannify does not intend any Content as a substitute for professional medical advice, diagnosis or treatment. Use of the Website does not create an express or implied physician-patient or pharmacist-patient relationship.  The Content does not cover all possible uses, directions, precautions or adverse effects.  Neither the Website, nor any Content, should be used for diagnosis or treatment of any medical condition.  Always seek the advice of your physician, pharmacist or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Website!

 

Cannify does not endorse, and is not responsible, for the accuracy or reliability of any opinion, advice, statement, study or other information made on the Website, including, but not limited to, third-party materials (as defined below) made available on or through the Website.  Cannify accepts no responsibility for your relationships with, and will not, does not, and is not obligated to, screen or pre-qualify any dispensary, advertiser, retail location, cultivator, product manufacturer, supplier, health care provider, pharmacy or any other users of the Website,  or their products, to determine whether they are qualified or authorized by law to provide their services or to determine the efficacy, quality or consistency of their products or inventory, or the veracity of any product claims or other information they provide.  Cannify makes no warranties (whether express or implied) whatsoever regarding the accuracy, completeness, timeliness, comparative or controversial nature, appropriateness or usefulness of any information contained on the Website, including that of any study referenced, or any product appearing, on the Website.  Statements made about products appearing on the Website, if any, have not been evaluated by the Food and Drug Administration, European Medicines Agency or any other regulatory body.  By your use of the Website, you agree that neither Cannify nor any other party is or will be responsible for any decision made or any action you take or decide not to take due to your use of or reliance upon any information presented on or through the Website.

 

The Website and the Content are provided on an “as is” basis.  Cannify, its licensors, and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, Cannify, its licensors, and its suppliers make no representations or warranties about the following:

 

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the Website.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content appearing on the Website.

Cannabis and its derivatives remain illegal under federal law.  Neither Cannify nor the Website promotes the illegal sale or use of Marijuana Cannabis or any other controlled substance.

 

Cannify cannot and does not guarantee or warrant that any Website Content or any files or information available for downloading from the internet or the Website will be free of viruses or other malware or destructive software code. You are responsible for implementing sufficient procedures, malware detection protocols and safety checkpoints to satisfy your particular requirements for the anti-virus protection and accuracy of data input and output you deem appropriate, and for maintaining a means external to the Website for any reconstruction of any lost data.  (Back-up your computer!). Cannify shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses malware or other technologically harmful material that may infect or damage your computer equipment, computer programs, data or proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through or by reference from the website is at your own risk. Neither Cannify, nor any person associated with Cannify makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website.  Without limiting the foregoing, neither Cannify nor anyone associated with Cannify represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

Limitation of Liability

In no event will Cannify, its affiliates or their licensors, service providers, employees, agents, members, managers, 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 website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, 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 which cannot be excluded or limited under applicable law.

 

Accessing the Website and Account Security

Cannify reserves the right to withdraw, change or amend the Website at any time, and discontinue or change any service or material provided or appearing on the Website, in its sole discretion, and without notice. Cannify is not liable if for any reason all or any part of the Website is or becomes unavailable at any time or for any period. From time to time, Cannify may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, will be accurate and that such information is governed by Cannify’s Privacy Policy, and you consent to all actions Cannify takes with respect to your information consistent with such Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information in using, 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 the Website 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.

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, including if, in our opinion, you have violated any provision of these Terms of Use.

You grant Cannify and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Cannify cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Cannify tools and services.

Subject to the terms of this Agreement, Cannify grants you a non-transferable, non-exclusive, license to use the Website for your personal, non-commercial use.  Subject to the terms of this Agreement, Cannify grants you a non-transferable, non-exclusive, license to install and use software that it may make available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile or “smart” device and for your personal, non-commercial use and consumption.  You acknowledge and agree that the availability of the Mobile App is dependent on the third-party application platform from which you received the Mobile App, e.g., the Apple App Store® (“App Platform”).

The rights and licenses granted to you in this Agreement are subject  to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website content must be retained on all copies thereof.

 

Intellectual Property Rights

The Website 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 or licensed by Cannify, 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 Terms of Use permit you to use the Website 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 from the Website, except as necessary for your technology to display the Website, and as minimally necessary for your own personal, non-commercial use.  You may not modify copies of any materials from the Website; use any graphics (including but not limited to photographs, tables, and videos) separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary rights notices appearing on the Website or its content.

If you wish to make any use of material on the Website other than provided for in this section, please address your request to: info@cannify.us.

 

Trademarks

Cannify name, the term Cannify and all related names, logos, product and service names, designs and slogans are trademarks of Cannify or its affiliates or licensors. You may not use such marks, nor any similar mark, without the prior written permission of Cannify. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

 

Prohibited Uses

You may not use the Website or any information you obtain from the Website: 1) In any way that violates any law or regulation, including but not limited to the Federal Controlled Substances Act of 1970; 2) To transmit, or enable transmission of any advertising or promotional material to any third party without Cannify’s prior written consent; 3)To impersonate or attempt to impersonate Cannify, a Cannify employee, another user or any other person or entity; 4) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, interferes with Website functionality, attempts to alter or use maliciously any Website feature or technology , or otherwise in a manner that, as solely determined by us, may harm Cannify or users of the Website or expose either to harm or liability.

Cannify does not condone or support any activity that violates the Federal Controlled Substances Act of 1970 or any other law.

 

Advertisements, Searches, and Links to Other Sites

Cannify may provide links to third-party web sites. Cannify also may select certain sites as priority responses to search terms you enter and such prioritization will always be based on scientific or other empirical analysis and is never based on commercial reasons or incentives. Cannify may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Cannify does not recommend and does not endorse the content on any third-party websites. Cannify is not responsible for the content of linked third-party sites, websites framed within the Website, third-party websites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.  Cannify is compensated by advertisers on this Website, however, Cannify and the Cannify Cannify Tool algorithm never use payment as a factor to rank or recommend any product or service, or in directing direct your attention to any particular study, research or product in response to information you provide.  For more information, read Cannify’s Advertising Policy.

 

Reliance on Information Posted and Third–Party Materials

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

 

The Website might display, reference, or make available, third-party content (including data, promotional and advertising material, articles, applications or other information, services and/or materials) or contain links to third party websites, services, or third-party advertisements containing promotional offers (“Deals” as defined below) (collectively, “Third Party Materials”).  Cannify accepts no responsibility for any Third-Party Materials, including, but not limited to, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  Cannify disclaims any and all liability or responsibility for any and all Third-Party Materials. Your access and use of Third-Party Materials is entirely at your own risk. When you link or direct your browser to Third Party Materials, such third party’s terms and policies apply, and Cannify takes no responsibility for them in any way including with respect to their privacy and data gathering practices, and policies or lack thereof.

 

The Website might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from dispensaries or others (collectively, “Deals”). Deals constitute “Third Party Materials.”  Cannify may display Deals on the Website as a form of advertisement for a third-party (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not Cannify, is solely responsible for: (a) redemption and performance of the Deal; (b) compliance with applicable law; (c) all goods and services provided to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause.

 

Information about You and Your Visits to the Website

All information Cannify collects on and for the Website is subject to the Cannify Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the Website and Social Media Features

You may link to the Cannify homepage, provided you do so in a way that is fair and legal and does not damage Cannify’s reputation, interfere with its business advantage or otherwise take advantage of it unfairly, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement from Cannify without its express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely if, and as Cannify provides them solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions Cannify provides with respect to such features. Subject to the foregoing, you may not:

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Cannify reserves the right to withdraw linking permission without notice.
Cannify may disable all or any social media features and any links at any time without notice in its sole discretion.
In the event that Cannify permits you to login to the Website or otherwise associate your Account with your log in credentials from certain social networking sites, you acknowledge and agree that Cannify may receive information from you from such social networking sites, in accordance with the terms and conditions of such sites.

 

Links from the Website

If the Website 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, sponsored links and otherwise. 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 websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

Cannify, the owner of the Website, is based in the State of Colorado in the United States and provides the Website for use only by persons located in the State of Colorado. Cannify makes no claims that the Website or any of its content is accessible or appropriate outside of Colorado or the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Colorado or the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Governing Law and Jurisdiction

All matters relating to the Website, its use and these Terms of Use 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 Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

 

Waiver of Jury and Class Action

Where permitted by applicable law, you and Cannify waive any and all rights to a trial by jury of any dispute or issue and further agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.  Unless both you and Cannify agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

Waiver and Severability

No waiver by Cannify of any term or condition set forth in these Terms of Use 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 Cannify to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is 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 Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, our Privacy Policy, Copyright Policy (as set forth below), and Advertising Policy constitute the sole and entire agreement between you and Cannify with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between you and Cannify with respect to the Website.

 

Your Comments and Concerns

The Website is operated by Tomori Pharmacology, Inc., a Colorado corporation, doing business as Cannify, with offices in Denver, Colorado.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (as set forth below) in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@cannify.us.

 

Copyright Policy – Notice and DMCA Take Down Procedures

Please see Cannify’s Copyright Policy and Digital Millenium Act take-down procedures here.